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Home My WebLink About04/12/2016 (2)I ?L ORI�i' k COUNTY COMMISSIONERS DISTRICT BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, APRIL 12, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 1801 27`h Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Bob Solari, Chairman District 5 Joseph A. Baird, County Administrator Joseph E. Flescher, Vice Chairman District 2 Dylan Reingold, County Attorney Wesley S. Davis District 1 Jeffrey R. Smith, Clerk of the Circuit Peter D. O'Bryan District 4 Court and Comptroller Tim Zorc District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Commissioner Wesley S. Davis 3. PLEDGE OF ALLEGIANCE Joseph A. Baird, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A.� Presentation of Proclamation Recognizing the Month of April, 2016, as Guardian Ad Litem Month 1 -------------------------------------------------------------------------------------------------------------------- B. Presentation of Proclamation Recognizing National Public Safety Telecommunications Week 2 -------------------------------------------------------------------------------------------------------------------- April 12, 2016 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation by Mike Vincent on Work Being Done to Rehabilitate Used Bic Iles 6. 7. 8. D. Presentation of Awards by Becky Afonso, Executive Director, Florida Bicycle -Association ------------------------------------------------------------------------------------ APPROVAL OF MINUTES A. Regular Meeting of March 8, 2016 B. Regular Meeting of March 15, 2016 INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Upcoming Job Fairs --(memorandum-dated April_6,_2016)----------------------------------------------------------------- 3-6_ CONSENT AGENDA A. Approval of Checks and Electronic Payments March 25, 2016 to March 31, 2016 _ _(memorandum dated March 31-,-20-1-§) 6 7_-13_ --------------------------------------------------- B. Resolutions Canceling Taxes on Properties to be Used for a Public Purpose and Owned by Indian River County (memorandum dated March 29,_2016) 14-26 - - - - - ------------------------------------------------------------------- C. City of Vero Beach — FPL Electric Utility Sale _(memorandum dated April 5, 2016) - - -- - - - - - - - - 27-28 D. Lease Agreement with SafeSpace, Inc. for Space at the Indian River County Courthouse __(memorandum dated April 5, 2016) ______________________________________________ 29.50 E. Authorization to Attend National Municipal Bond Summit __(memorandum dated April 4,_2016) 51-57 --------------------------------------------------------------------- F. Sole Source Purchase and Replacement. of E911 Call -Taking Recorder Servers __(memorandum dated April_1,_2016) 58-65 -------------------------------------------------------------- G. West Wabasso Phase II Sewer and the East Gifford Drainage Project: Request for Release of Funds _(memorandum_dated March 29, 2016) 6-68 6 ------------------------------------------------------------------------------- April 12, 2016 Page 2 of 7 8. CONSENT AGENDA PAGE H. Approval of Resolution Adopting the 2016 Indian River County Emergency Plan for Hazardous Materials __(memorandum dated April -42-2-01-6) I. Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety __(memorandum_dated April_1,_2016)_ 74-86 -------------------------------------------------------------------- J. FIND Project Agreement No. ICW-IR-16-01 Small Scale Derelict Vessel Removal Program __(memorandum_dated April _5,_201.6)-------------------------------------------------------------- 87-98 K. Lease Extension, Mermaid Car Wash, 1935 43`d Avenue, 43`d Avenue/SR60 Intersection Widening and Improvements, Timothy E. Tynes and Joshana Tynes __(memorandum dated April -5,-2-01-§) ------------------------------------------------------------ 99-105 L. Request for Approval to Enter into a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for a Commuter Assistance Grant _(memorandum dated April_ 1,_2016)_________ 106-116 ------------------------------------------------------------ M. SR 60 Vero LLC's Request for Final Plat Approval for The Reserve at Vero Beach PD Phase 1 __(memorandum dated Apri14,_2016) 117-135 --------------------------------------------------------------------- N. Miscellaneous Budget Amendment 016 __(memorandum dated April -4,201-6) ----------------------- 136-138 --------------------------------------------- O. Purchase of Scrub Jay Property — 10.64 Acres, 2050 Barber Street, Sebastian, Fl 32958 __(memorandum dated April_6,_2016)------------ 139-148 9• CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS None April 12, 2016 Page 3 of 7 10. PUBLIC ITEMS PAGE B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Phyllis Frey Regarding Affordable Furthering Fair Housing Rule: How it Affects Your Community 149 2. Request to Speak From GEDC Regarding Infrastructure Gifford and Police Interaction With IRC Sheriff Office 150 --------------------------------------------------------------------------------------------------------- C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS A. Department Head Appointments (memorandum dated April 6, 2016) 12. DEPARTMENTAL MATTERS A. Community Development 1. Consideration of Recommendations from the Short Term Vacation Rental Advisory Committee (STVRAC) _(memorandum dated March 29, 2016) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 151-173 ----------------------------- ------ B, Emergency Services None C. General Services None 1, Human Services None 2, Sandridge Golf Club None 3, Recreation None April 12, 2016 Page 4 of 7 12. DEPARTMENTAL MATTERS PAGE D. Human Resources None E. Office of Management and Budget 1. Property/Casualty Insurance 2016-17 __(memorandum -dated April 4,_2016)------------------------------------------------ 174--l-90- F. Public Works 1. Work Order No. 12 CB&I Coastal Planning and Engineering, Inc., Sector 5 Beach Restoration Project — Design and Permitting Services __(memorandum_dated April_5,_2016)------------------------------------------------ 191-204 G. Utilities Services None 13. COUNTY ATTORNEY MATTERS A. Demolition Lien _(memorandum dated March ,_) 205-208 _ - _(Memorandum -182016-------------------------------------------------------- B. Report on Potential County -Owned Surplus Properties __(memorandum dated April -4,201-6) 209-240 -------------------------------------------------------------------- 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman 1. Recycling Used Bikes __(memorandum_dated April 5,_2016) 241 _ ----------------------------------------------------- B. Commissioner Joseph E. Flescher, Vice Chairman None C. Commissioner Wesley S. Davis 1. Wabasso Corridor Plan Update _ _(memorandum dated Apri16, 2016)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 242 ---------------------------- April 12, 2016 Page 5 of 7 14. COMMISSIONERS MATTERS D. Commissioner Peter D. O'Bryan PAGE 1. Request the Board to Consider "Going Orange" in September for Hunger Action Month __(memorandum -dated April _61_2016) 243-247 ---------------------------------------------------------- E,; Commissioner Tim Zorc i None 15. SPECIAL DISTRICTS AND BOARDS A. Emer2encv Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the.Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.lrcp-ov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. April 12, 2016 Page 6 of 7 Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p m., Thursday at 1: 00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. April 12, 2016 Page 7 of 7 PROCLAMATION RECOGNIZING THE MONTH OF APRIL, 2016, AS GUARDIAN AD LITEM MONTH WHEREAS, Indian River County prides itself on giving back to the community, contributing to the quality of life among our citizens; and WHEREAS, April has been designated National Child Abuse Prevention Month, and WHEREAS, April 10 through April 16, 2016, has been designated as National Volunteer Appreciation Week; and WHEREAS, the Guardian Ad Litem Program is a partnership of volunteers and staff who advocate for the best interest of abused, abandoned, and neglected children within our community; and WHEREAS, there are approximately 209 children in Indian River County involved in the court system through no fault of their own; and WHEREAS, there are approximately 22 abused, abandoned, or neglected children in Indian River County currently waiting for a volunteer Guardian Ad Litem to be their voice. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board hereby recognizes the month of April, 2016, as Guardian Ad Litem Month in Indian River County, and urges all residents to give of their time to make a difference in the lives of our most vulnerable children by volunteering with the Guardian Ad Litem Program. Adopted this 12th day of April, 2016 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chair an CJ;19eph E. Flescher, Vice Chairman W y S. Da is r Peter D. O'Bryan iv TimZoe PROCLAMATION t RECOGNIZING NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK WHEREAS, emergencies can occur at any time that require police, fire, or emergency medical services, and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Indian River County Sheriff's Office Dispatch Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are a vital link for our police officers and firefighters by monitoring their activities, providing them with information, and ensuring their safety; and WHEREAS, Public Safety Dispatchers of the Indian River County Sheriff's Office have contributed substantially to the apprehension of criminals, suppression of crime, and treatment of patients. They are knowledgeable and highly trained individuals who work closely with police, fire, and medical personnel, and WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their duties in the past year; and WHEREAS, Indian River County Sheriff's Office Public Safety Dispatchers dispatched 233,140 calls for service for Law Enforcement and 26,319 calls for Fire Rescue in 2015, and WHEREAS, Indian River County Sheriff's Office Public Safety Dispatchers answered 67,803 9-1-1 calls and 117,568 administrative calls, and WHEREAS, each year, the second full week of April is dedicated to the men and women who serve as public safety telecommunicators NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of April 10 through April 16, 2016, be designated as National Public Safety Telecommunications Week in Indian River County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe Adopted this 12th day of April, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chair cc--" 2i J eph E Flescher, Vice Chairman W y S D vi Peter D O'Bryan TimLKo7?. / �_ 5.0 �ike,§j �'� Wolk c�� OJ /nO�ian Rives G A Nonprofit 501(c)(3) Community Coalition Mission To promote safe bicycling and walking as transportation and recreation for a healthier, more vibrant and connected Indian River County. Priorities 1. Promote a network of connected bike lanes, shared -use paths and sidewalks that are safe and accessible for the needs of all users countywide, particularly those who do not have access to a car. 2. Reduce the incidence of obesity -related diseases by encouraging people to bike and walk. 3. Make our community a highly desirable travel and relocation destination for people who bike and walk. 4. Reduce pollution, traffic congestion and parking problems by encouraging people to bike, walk, and use public transportation as an alternative to driving. Approved by the BWIRC Board. December 3, 2015 Bike Rehab Proiect What is it? ; A Bike Walk Indian River County (BWIRC) program where unwanted/unused bicycles are collected, repaired, stored and distributed to those in need, countywide Why is this project happening? Numerous organizations and programs have a need for these repaired bicycles to improve their success. Recipients of the repaired bicycles include Camp Haven, Gifford Youth Center, The Source, Indian River Homeless Coalition, and Vietnam Veterans with a new push into the Fellsmere community. Who is involved? • Orchid Island Bikes (Malcolm Allen, owner) • Deputy Teddy Floyd, Indian River County Sheriff's Department • United Against Poverty - formerly Harvest Food and Outreach (Annabel Robertson, Executive Director) • Julianne Price, Indian River County Health Department • A small group of volunteers from BWIRC who collect/repair unwanted bicycles Where does it happen? • Bicycles are collected and stored at United Against Poverty's warehouse until they are either repaired or distributed throughout the community • Bicycles are repaired at Orchid Island Bikes where work space, parts and a technician are donated by the owner (Malcolm Allen) • Deputy Floyd and Julianne Price arrange the distribution of repaired bicycles to those in need, countywide When does this occur? Originally an annual project by Orchid Island Bikes and the Sheriff's Department during the holiday season, it was recognized that there is a yearlong demand for these bikes. Repairs are monthly with the distribution component occurring as needed, usually weekly. Goals 1. Acquire new sources of bicycles for repair - immediate 2. Provide helmets, lights and locks to recipients - near future 3. Find a location where both storage and repairs can be accomplished together - long term Mike Vincent, Bike Rehab Coordinator (954-203-7060) mikevincl2@att.net . (Budding a L�i��C1e-Fiiendiy Fi®riga 'I,<f i � "---=--- - --- - - -- —"- - - Vo1.'*1,,No=;t Spring 2Qx, ase Track to... e QJ�S OJFF - �r�a Congratulations to our 2015 Florida Bicycle Association Annual Award recipients! Club r •. _ Sanibel Bicycle Club Off Road Club k%otidabic),UP SORBA Orlando s FLORIDA Law Enforcement Agency BICYCLE Hillsborough County Sheriff's Office i' ASSOCIATIO NJ! ' t Safe Routes to School Educator t= = Jojo Sturm :b 4 Crossing Guard Supervisor Seminole County Sheriffs Office Supporting Agency Paul Steinman, Secretary,: Stephen Benson, Bicycle/Pedestrian Safety Specialist FDOT District 7 Program Volunteer Couch to Century Tad Diesel Leslee Mitchell, President Florida Freewheelers Volunteer Elected Official Champion Jared & Jennifer Hartman Citizen Advocate Pedal Power Promoters, LLC Hugh Aaron Special Recognition BikeWalk Indian River County - Jeff & Jodi Hohlstein Bike Business Special Recognition Orchid Island Bikes and Kayaks Earl Lang Malcolm Allen owner Bicycle Friendly Business Elected Official Champion Christine Acosta Commissioner Bob Solari Pedal Power Promoters, LLC Indian River County Bicycle Friendly Business Elected Official Champion Karen Kress Mayor Rick Kriseman Tampa Downtown Partnership City of St. Petersburg Bicycle Professional Trails Promoter Lucas Cruse Chuck Butterfield, President Bicycle/Pedestrian Coordinator Friends of the Legacy Trail City of St. Petersburg Visit our website floridabicycle.org/annual-awards for more information on a 2) - I D, We Have the Foundation Florida Bicycle Association provides materials to educate bicyclists, pedestrians and motorists about safely sharing roadways and paths. FBA acts as a voice for the needs of bicyclists through positive relationships with legislators, law enforcement agencies, the Florida Department of Transportation and local transportation - planning organizations. We have a seat at the Florida Pedestrian/Bicycle Safety Coalition and Florida Greenways and Trails Foundation. .i_ In3 --� 0 Let's Ride Together! �I D gel 011 —S 7 Membership dues and Share the Road license Numbers count. Numbers plate proceeds are used for safety education get the attention of elected Help Us Grow Let's Ride Together! �I D the Base 011 —S 7 Membership dues and Share the Road license Numbers count. Numbers plate proceeds are used for safety education get the attention of elected ` and awareness programs for bicyclists, officials and decision motor vehicle drivers and pedestrians. FBA makers. Florida is the annually recognizes people, communities and third most populated C agencies around the state for their outstanding state in the nation. . r : i� contributions in building a bicycle friendly Imagine if everyone '' r Florida. who bicycles in our i Florida Bicycle Association was incorporated in 1997 state became a member for educational and charitable purposes and is a not - FBA. We be a for-profit, tax-exempt corporation under Section 501(c) of could �\ (3) of the Internal Revenue Code. Contributions are tax million strong! I i deductible to the fullest extent allowed by law. Working together to build a bicycle -friendly Florida t�l�l ;� ►�i 1 Fly [�] ► for Florida bicycling is to network and share best practices, to educate and advocate and to build awareness as a unified voice. OUR V1 S I ON f for Florida is to be a state where bicycling is safe, respected and encouraged as a means of transportation and recreation. • To educate bicyclists, pedestrians and motorists about safely sharing roadways and paths • To be a powerful, influential voice that protects and advances the interests of bicyclists • To encourage the creation of great on -road and off-road places to ride • To provide a statewide communications network for bicyclists , • To encourage more people to bicycle more often Join FBA Today! Your membership makes a difference for all bicyclists in Florida. Name Gender' ❑ Male ❑ Female Business/Club/Agency- Address City State Zip Phone Email Where did you find this brochure? (club, shop, event?) Membership type ❑ Individual ($25) ❑ Family ($35) ❑ Student/Snowbird ($15) ❑ Supporter ($50) ❑ Club/Business/Agency ($100) ❑ Benefactor ($100) ❑ Champion ($250) ❑ Legacy ($500) ❑ Other/additional donation Please mail check to: Florida Bicycle Association PO Box 2452, Oldsmar, FL 34677 Or go online to: www.floridabicycle.org Get Your License Plate! Proceeds benefit.FBA and Bike Florida. to promote safe cycling in F,loridathrough safety awareness programs for motorists,, bicyclists and all road users. A COPY OF TIME OFFICIAL REGISTRATION AND FINANCIAL INFORMATION (CH9008) MAY RE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE 1-800-435.7352 WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. Visit the web site: http://ww ..800helpf,i.com/ h-ge m / A I Q .5 5 ..D ag-� April 12, 2016 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 6, 2016 SUBJECT: Upcoming Job Fairs FROM: Peter O Bryan :� Commissioner, District 4 Attached is information on several job fairs as supplied at the Treasure Coast Council of Local Governments meeting. 3 THIS EVENT IS FREE AND OPEN TO THE PUBLIC M. Loci ntyj_ SKILLED TRADE | PROFESSIONAL | ENTRY LEVEL | STUDENTS | VETERANS DATE/TIME/LOCATION Friday, May 6, 201 8:30 am Veterans and Pm're8istemdJobseeken 9:00 am Open tothe public Indian River State College Wolf High Technology Center 24UDSESalerno Road, Stuart PRE -REGISTRATION Ifattending asajobseeker, please pre -register onthe event page at: wwmw.bdbmnc.n,g/events Pre -registered jobseekers and Veterans receive early admission tothe event and early access to participating companies and positions available r. � vou iTown LIVE UNITEDRTIN DEW t I� Chamber of Commerce FLORIDA PAL.M Cm 77 TRADE xre=mc^wtNc=3P=n=n1TCmAuwxzm EK4PLOYER/JOBUSTNG JOBSEEKER ASSISTANCE Tosee alist ofattending On-site access uzone*n'one companies and positions jobseeker assistance including available, please visit resume review, career www.bdbmc.org/events counseling, training opportunities and more! " 101 � !n 1� IF. l i TREASURE COAST H 0 S P I C E �� i.)F tY •y. NGOI ml, nt _:!mft: r u i t e Event ''Positions Available: Licensed practical burse: A Florida Licensed practice Nurse license Twelve (12) months experience Available to work nights and weekends registered Furse: %'% • �sed Registered Nurse Florida L i ce n ed use 'Vinirnum twelve (12) months experience >s� '�•�,t'ia 17 Experience in palliative, oncology, acute care E and noriie heath care preferred. ✓� CareerSource <P7 RESEARCH COAST • =41 WO Ah SiA--FR"�o_"ifi<,--ssas' �a_±:�"` .szsi?cg;¢v1?�.P''�•`•>-2 _'lt _'i-tX. _ �;:P; s�'ria: ��:c �s v � -_ 866 -4U2 -HIRE (9-866-482-4473) r a ® ca re e rs o uµrce rc . CO rr5 An equal opporruniry employer/program. Maxillary aids and s%rvices ore available upon requesr to indrvidivais with disobilities - `'ya ;,Q♦^' �,' .''-`� r c aka G �J' CareerSource RESEARCH COAST F q PART-TIME TOLL COLLECTOR JO# 10192413 Hiring Requirements: Receive payment by cash, issue receipts or change due to custom- ers G assist customers by providing infor- mation needed G Greet all customers G 18 and older due to the hours of work (2nd shift/3rd shift) e High School Diploma or equivalent C Basic Math and English test O Must be flexible and willing to travel a Valid Florida Driver's License In WIN bNOWAIINN,�;ERIMN 866 -4U2 -HERE (1-866-482-4473) 1 ® P 0 ® I careersourcerc.corm6 �r1 equal arpartunit} n_ntployt-rijxogrcm. <=uxihary oils and sewices ole ovoilubie- upon!eques( to individuals with. disabilities. JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 31, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 25, 2016 to March 31, 2016 i In compliance with Chapter 136.06, Florida Statutes, all 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 lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 25, 2016 to March 31, 2016. Attachment: 11340.3f17:� 7 CHECKS WRITTEN TRANS .NBR DATE VENDOR AMOUNT 337646 03/31/2016 PORT CONSOLIDATED INC 41.235.83 337647 03/31/2016 JORDAN MOXVER INC 315 15 337648 03/31/2016 VERO CHEMICAL DISTRIBUTORS INC 431 50 337649 03i31/2016 ALARM PARTNERS 128.28 337650 03/31/2-016 VELDE FORD INC 1.443 56 331651 03!31!2016 KELLY TRACTOR CO 510 00 33 7652 03/31,2016 SAFETY KLEEN SYSTEMS INC 325 75 337653 03/31/2016 AMERIGAS EAGLE PROPANE LP 2.359.59 33 /1654 03/31/2016 HACH CO 1.087.55 331655 03/31/2016 M.ASTELLER MOLER R TAYLOR INC 21.624 50 337656 03/31;2016 KSM ENGINEERING R TESTING INC 250.00 337657 03/31/2016 BOUND TREE MEDICAL LLC 799.80 337658 03/31/2016 PETES CONCRETE 4,160.00 337659 03/31/2016 VERO INDUSTRIAL SUPPLY INC 41.22 337660 03/31/2016 EXPRESS REEL GRINDFNG INC 500.00 337661 03/3]!2016 TIRESOLES OF BROWARD INC 4,82934 337662 03/31/2016 BFS RETAIL OPERATIONS LLC 1.079.24 337663 03/31/2016 CARTER ASSOCIATES INC 1,01000 337664 03/31/2016 GOODYEAR AUTO SERVICE CENTER 695.48 337665 03/31/2016 BAKER & TAYLOR INC 1,826.58 337666 03/31/2016 MIDWEST TAPE LLC 1.152.52 337667 03/31/2016 NORTHERN SAFETY CO INC 367 71 337668 03/31/2016 MICROMARK.ETING LLC 62876 337669 03/31/2016 K & M ELECTRIC SUPPLY 1,278.67 337670 03/31/2016 BAKER DISTRIBUTING CO LLC 88800 337671 03/31/2016 ATKINS NORTH AMERICA INC 7,054.32 337672 03/31/2016 VOCELLE R BERG LLP 175.00 337673 03/31/2016 GREENE INVESTMENT PARTNERSHIP LTD 3.426.04 337674 03/31/2016 BOYS g GIRLS CLUB OF INDIAN 1.027.62 337675 03/31/2016 PST SERVICES INC 231416 57 337676 03/31/2016 CLERK OF CIRCUIT COURT 2,025.00 337677 03/31/2016 INDIAN RIVER COUNTY HEALTH DEPT 46.770.58 337678 03/31/2016 MEDICAL EXAMINERS OFFICE 27,016.58 337679 03/31/2016 VICTIM ASSISTANCE PROGRAM 5,568 58 337680 03/31/2016 ROGER J NICOSIA 280.00 337681 03/31/2016 ROGER I NICOSIA 1,500.00 337682 03/31/2016 CITY OF VERO BEACH 58,266.40 337683 03/31/2016 CITY OF VERO BEACH 2.056.33 337684 03/31/2016 CITY OF VERO BEACH 11,612.50 337685 03/31/2016 INDIAN RIVER ALL FAB INC 871.25 337686 03/31/2016 NAN MCKAY AND ASSOCIATES INC 22400 337687 038'1/2016 JANITORIAL DEPOT OF AMERICA INC 1,00696 337688 03/31/2016 TRAFFICW'ARE LLC 746.35 337689 03/31/2016 PUBLIX SUPERMARKETS 78.66 337690 03/31/2016 ACUSHNET COMPANY 45944 337691 03/3]/2016 CULTURAL COUNCIL OF IRC 8,03991 337692 03/31/2016 EXCHANGE CLUB CASTLE 2.500 64 337693 03/31/2016 EXCHANGE CLUB CASTLE 2.543.52 337694 03/31/2016 GEOSYNTEC CONSULTANTS INC 14,587 46 337695 03%31/2016 ST JOHNS RIVER WATER MGMT DISTRICT 49000 337696 03/31/2016 WEST PUBLISHING CORPORATION 37700 337697 03/31/2016 ELIZABETH MARTIN 9701 337698 03/31/2016 DON LAWLESS 6000 337699 03/31/2016 FLORIDA POWER AND LIGHT 24.887 46 337700 03/31 /2016 HOLIDAY INN 642.20 337701 03/31/2016 FLORIDA BLUE 959 76 337702 03/31/2016 TAYLOR MADE GOLF CO INC 142 56 337703 03!31/2016 BRE-CLEARVIIATER OWNER LLC 60000 8 TRANS NBR DATE VENDOR AMOUNT 333704 03/31/2016 NSI ALPHA CORPORATION 100.00 33? TRANS NBR DATE VENDOR AMOUNT 337764 03!31!2016 LOVJES HOME CENTERS INC 2.513.06 337765 03/31/2016 LABOR READ)' SOUTHEAST INC 5.854.59 337766 03/31/2016 CARDINAL HEALTH 110 INC 82497 337767 03!31:2016 EMILY K DIMATTEO 10.00 337 768 03/31/2016 BURNETT LIME CO INC 32) 18.60 337769 03/31/2016 LEARNING ALLIANCE 7.544 73 337770 03131/2016 STRAIGHT OAK LLC 196.32 337771 03!31/2016 SOUTHERN MANAGEMENT LLC 4,80000 337772 03/31/2016 RYAN HERCO PRODUCTS CORP 14590 337773 03/31/2016 COAST TO COAST COMPUTER PRODUCTS 151 98 337774 03/31!2016 KESSLER CONSULTING INC 2_.972.50 337775 03/31/2016 EAST COAST VETERINARY SERVICES LLC 9000 337776 03/31/2016 COBRA GOLF INCORPORATED 25297 337777 03/31/2016 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 337778 03/31/2016 LONGHORN LANDSCAPING AND SOD LLC 1.174.50 337779 03/31/2016 ANDERSEN ANDRE CONSULTING ENGINEERS INC 2.022.50 331780 03/31/2016 JOSEPH DIZONNO 40.00 337781 03/31 /2016 KARYN BRYANT 33 07 337782 03/3 1 /20 16 GENUINE PARTS COMPANY 479.66 337783 03/31/2016 PORTER ASSOCIATES INC 175.00 337784 03/31/2016 RED THE UNIFORM TAILOR 19680 337785 03131/2016 BUSHNELL HOLDINGS INC 304.12 337786 03/302016 MARY GOODWIN 4690 337787 03/31/2016 CATHEDRAL CORPORATION 16.000 00 337788 03/31/2016 GENERAL UNDERGROUND LLC 8,37600 337789 03/31/2016 RSJ VENTURES LLC 424.60 357790 03/31/2016 UNIFIRST CORPORATION 532 71 337791 03/31/2016 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 23766 337792 03/31/2016 DELTA T CORP 44.488 00 337793 03/31/2016 DELTA T CORP 16.152 00 337794 03/31/2016 BEST AMERICAN WELDING SERVICES 54600 337795 03/31/2016 STEARNS, CONRAD AND SCHMIDT 5,422 50 337796 03/31!2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 483.34 337797 03/31/2016 SITEONE LANDSCAPE SUPPLY LLC 49.56 337798 03/31/2016 GOTTA GO GREEN ENTERPISES INC 81.57 337799 03/31/2016 CO SERVICES LLC 18.304.24 337800 03/31/2016 ADVANCE STORES COMPANY INCORPORATED 1,143 98 337801 03/31/2016 DAVID DUFFY 5000 337802 03/31/2016 DENISE GILLESPIE 11000 337803 03/31/2016 GUARDIAN ALARM OF FLORIDA LLC 198.00 337804 03/31/2016 DALTON LAWLESS 60.00 337805 03!31/2016 FLORIDA EAST COAST HOLDINGS CORP 13.882.32 337806 03/31/2016 LANSING BUILDING PRODUCTS INC 7.966 00 337807 03/31/2016 ACTIVE MOBILITY & DESIGN INC 1.684.00 337808 03/31/2016 DEW BUSTERS INC 1,832 00 337809 03/31/2016 JOHN W GALLIMORE JR 29 76 337810 03/31/2016 STEVES FROZEN CHILLERS OF FLORIDA SPACE COAS" 288.00 337811 03/31/2016 ROCCO CAVALLO 40.00 337812 03/31/2016 ANDREA ENGBORG 5000 337813 03/31/2016 TENEKRIA HUMPHREY 5000 337814 03/31!2016 JIMEKA REED 5000 337815 03!31/2016 DARINIQUE ROLLE 5000 337816 03/31/2016 MASTEC NETWORK SOLUTIONS LLC 20000 337817 03x.=1/2016 ALLSTATE PROPERTY 1.280 00 337818 03/31/2016 MANUELARAGON 95 85 337819 03/31/2016 SUSAN BOGLISHEFSKY 5 16 337820 03/31/2016 BARBARA CAIN 9905 337821 03/31/2016 NANCY GAYHART 476 80 337822 03/31/2016 JANE INGRAHAM 81 42 337823 0-3/31/2016 YANDEL .TUAREZ 10000 10 TRANS NBR DATE VENDOR .AMOUNT 337824 03/31;2016 JOSEPH KEATING 20.00 337825 03/31/2016 KATHERINE B KEGG 19.39 337826 03/31/2016 MARTI R KUSEL 84.04 337827 03/31/2016 GLENDA S GWINN 99.20 337828 03/3 1 x'2016 ERNEST DIBELLO -110000 337829 03!31/2016 CURTIS N DOWI.ING 150.00 337830 03/31/2016 FLORIDA SWIMMING INC 428.00 337831 03/31/2016 MEDICARE PART B FINANCIAL SERVICES 736.63 337832 03/31/2016 UNITED HEALTH CARE INS COMPANY 9.60 337833 03/31;2016 GERALD A YOUNG SR 12000 337834 03/31/2016 MC LATCHE. DOUGLAS K MARGARET 95 56 331835 03/3 1 /2016 JOHNNY B SMITH 40.00 337,836 03/31 /2016 CHARLES A WALKER 8000 337837 03/31%2016 WALLACH, KURT L R MARILYN' 9265 ,37,838 03/31/2016 VERO BEACH BROADCASTERS LLC 480.00 337839 03/31/2016 YOUR AQUA INSTRUCTOR LLC 3000 337840 03/31;2016 ALEX MIK-LO 8000 337841 03/31/2016 UMR 58180 337842 03/31/2016 MICHAEL YOUNG 80.00 337843 03/31/2016 WADE WILSON 12000 337844 03/31/2016 RONALD NICHELSON 120.00 337845 03/31/2016 MARK DEAN RILEY .IR 6000 337846 03/31/2016 RUSSELL L OWEN 111 10000 337847 03/31/2016 BRANDON OTTO 79.60 337848 03/31/2016 BLAKE RUSSO 12.00 337849 03/31/2016 GRETCHEN 1 WOLFE 18 18 337850 03/31/2016 JUDITH WRIGHT 101 81 Grand Total: 690,656.50 11 ELECTRONIC PAYMENTS - WIRE & ACH TRANS IVBR DATE VENDOR AMOUNT 4227 03/28/2016 IRS -PAYROLL TAXES 393,501 02 4228 03/29/2016 IRS -PAYROLL TAXES 371 98 4229 03/29/2016 SENIOR RESOURCE ASSOCIATION 117.207 00 4230 03/30/2016 1 R C HEALTH INSURANCE - TRUST 64.538 76 4231 03/31/2016 KIMLEY HORN & ASSOC INC 50.413.86 4232 03/31/2016 CDM SMITH INC 2.354.50 4233 03/31!2016 VEROTOWN LLC 9'.28546 4234 03/31/2016 HEALTH ADVOCATE 361.35 4235 03/31/2016 CERIDAN COBRA SERV 7293 4236 03/31/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5.144.31 4237 03/31/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 10.939 05 4238 03/31/2016 MUTUAL OF OMAHA 2.12500 4239 03/31/2016 ELITE TITLE 20_56900 Grand Total: 676.884.22 12 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1008695 03/31/2016 EVERGLADES FARM EQUIPMENT CO INC 2.902.68 1008696 03/31!2016 HEI\'RY SCHE1N INC 1,03944 100869 7 03!",l/2016 COLD AIR DISTRIBUTORS AIAREHOUSE -26766 1008698 03/31/2016 DAVIDSON TITLES INC 458 06 1008699 03/31/2016 DAVES SPORTING GOODS & TROPHIES 1.98100 1008700 03/31/2016 GALLS LLC 343 10 1008701 03/31/2016 CENTER POINT INC 44407 1008702 03,131/2016 ALLIED UNIVERSAL CORP 5,261 42 1008703 03/31/2016 THE EXPEDITER 312.51 1008704 03/31/2016 GROVE WELDERS INC 828 79 1008705 03/31/2016 FIRST HOSPITAL LABORATORIES INC 580 50 Grand Total: 14.419.23 13 Dylan Remgold, County Attomey NVilliam K. DeBraal, Deputy County !Attorney Kate Pingolt Cotner, .Assistant Count}, .attorney Oce of CONSENT: 4/12/16 ?16 INDIAN RIVER COUNTY MEMORANDUM TO. Board of County Commissioners FROM: William K. DeBraal - Deputy County Att rn DATE: March 29, 2016 ATTORNEY SUBJECT: Resolutions Canceling Taxes on Properties to be Used for a Public Purpose and Owned by Indian River County Two Resolutions have been prepared for the purpose of canceling any delinquent, omitted or current taxes which may exist on the following property: Right-of-way (cornerclip) located at the intersection of 16' Street and 74th Avenue; dedicated to Indian River County by Willows Development, LLC in connection with The Willows site plan/preliminary plat; Warranty Deed recorded in Book 2921 at Pages 1997-1999, Public Records of Indian River County, Florida • Right-of-way located along Oslo Road east of 66th Avenue; purchased by Indian River County from Audrey Graves Sexton, Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005; Warranty Deed recorded in Book 2905 at Pages 2230-2231, Public Records of Indian River County, Florida FUNDING: There are no costs associated with these Resolutions. Approved for April 12, 2016 BCC Meeting Consent Agenda COUNTY ATTORNEY Indian River Co. ApjTved Date Admin. Co. Att Budget ,.t IL414 Department --- Risk Management --- I --- 14 I RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolutions to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any, delinquent, omitted or current taxes can be cancelled, and to also send a copy to Fixed Assets, Budget and the County Attorney's Office. /nhrri Attachments:2 Resolutions cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser 2 15 Cutout from Parcel # 33-39-06-00001-0130-00001.0 Dedicated to Indian River County by Willows Development, LLC Public Purpose- right-of-way (cornerclip) 16th Street and 74th Avenue intersection RESOLUTION NO. 2016- 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 1 16 RESOLUTION NO. 2016 - 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: 1. Any and all liens for taxes delinquent or current against the following described lands dedicated to Indian River County by Willows Development, LLC for right-of-way (cornerclip) at the intersection of 16th Street and 74th Avenue, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in Book 2921, Pages 1997-1999, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner and motion was seconded by Commissioner put to a vote, the vote was as follows: , and, upon being Commissioner Bob Solari, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan 2 17 RESOLUTION NO. 2016 - The Chairman thereupon declared the resolution duly passed and adopted this day of April, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding _ Yes No Current Prorated Tax Received and Deposited With Tax Collector $ APPROVED AS TO FORM AND SU !Ci 7 BY ` MILL" t.. SB!¢s DF'Un Covrari ATtcK?C.Y Bob Solari, Chairman 3 18 31 201 6001 6953 RECURVED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2921 PG: 1997,3/24/2016 4:09 PM D DOCTAX.PD 50.70 - i r. V p O� �v It.04.6 Zv- ia -0 -< C4 e d o a Q A V F cutout from Tax Parcel I.D. 33-39-06-00001-0130-00001.0 i THIS INDENTURE, made this 91 day of UV� , 2016 between WILLOWS DEVELOPMENT, LLC, a Florida limited liability company, whose mailing address is 5070 N. Highway A1A, Suite C-1, Vero Beach, Florida 32963, hereinafter called GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE. WITNESSETH: That GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the GRANTEE, and GRANTEE'S successors and assigns forever, the following described land, situate, lying and being in Indian River County, Florida: See Exhibit "A" attached hereto and made a part hereof. GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever. Signed, sealed nd delivered in the oresenof: signature: printed nam . ooA signature: printed/name; STATE OF FLORIDA COUNTY OF INDIAN RIVER WILLOWS DEVELOPMENT, LLC, a Florida limited liability company By Robert Vota anager The foregoing instrument was acknowledged before me this Z.I V - day of 2016, by Robert Votaw, the Manager of Willows Development, LLC, a Florida limited liability company, who executed on behalf of and with the authority of said limited liability company. He is personally known tome or has produced as identification. NOT UBLIC JESSICALNMR * * W COMSSION f FF WW1 EXPIRES:Fetxuery 24, 2017 NoWySmim prin ame: — lix SEAL: Commission No.: 'F� OLD -7391 Commission Expiration: -Fejt, O" ZH ZO 7 19 I ISA: LYLI r1l: IyYtl SKETCH OF LEGAL (NOT A SURVEIL O t + O 6 J� N89_5.3.35 "E -1'2►��\0 7 �` 100.00 P. O. C. SOUTHWEST CORNER OF SECTION 5, TOWNSHIP J JS, RANGE 39E CERTIFIED CORNER RECORD 100882 DESCRIPTION T R A C T 1 3 PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW L PING AND BEING IN INDIAN RIVER COUNTY, FLORIDA S89 53:35"I o1 P.O.B. 1 ----JO. N00 09 56 E Imo -,30.00' SOUTH L1NE OF SECTION 6 -JJ -J9 �I NORTH R � W LINE 16TH ST. 16TH STREET _ (ROSEWOOD ROAD) RIGHT-OF-WAY VARIES POINTE WEST EAST VILLAGE PHASE 1 PD PLAT BOOK 22, PAGE 59, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA I I EXHIBIT "A' CORNER CLIP LEGAL DESCRIP 110N SKETCH OF DESCRIPRON d lip SKETCH OF LEGAL DESCRIP77ON North NOT A BOUNDARY SURVEY PLAT OF SURVEY FOR: PROJ. NO. 15 -004 -CC DATE: 02-05-16 GRAPHIC SCALE 20 0 10 20 I I � ( IN FEET ) 1 inch = 20 ft. WILLOWS DEVELOPMENT, LLC OWN. BY: C.H.B. MERIDIAN 3 LAND SURVEYORS W �I Q RAISED SEAL OF THE FLORIDA REGISTERED Sl1RVEYOR AND YAPPER NAMED HEREON YERO BEACH, FL 1210 LBM90S PRONE• 772-714-1213, FAX 772-791-iD% Cps v� C.) I J W' Q W S uj 2I Q OF LEGAL (NOT A SURVEIL O t + O 6 J� N89_5.3.35 "E -1'2►��\0 7 �` 100.00 P. O. C. SOUTHWEST CORNER OF SECTION 5, TOWNSHIP J JS, RANGE 39E CERTIFIED CORNER RECORD 100882 DESCRIPTION T R A C T 1 3 PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW L PING AND BEING IN INDIAN RIVER COUNTY, FLORIDA S89 53:35"I o1 P.O.B. 1 ----JO. N00 09 56 E Imo -,30.00' SOUTH L1NE OF SECTION 6 -JJ -J9 �I NORTH R � W LINE 16TH ST. 16TH STREET _ (ROSEWOOD ROAD) RIGHT-OF-WAY VARIES POINTE WEST EAST VILLAGE PHASE 1 PD PLAT BOOK 22, PAGE 59, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA I I EXHIBIT "A' CORNER CLIP LEGAL DESCRIP 110N SKETCH OF DESCRIPRON d lip SKETCH OF LEGAL DESCRIP77ON North NOT A BOUNDARY SURVEY PLAT OF SURVEY FOR: PROJ. NO. 15 -004 -CC DATE: 02-05-16 GRAPHIC SCALE 20 0 10 20 I I � ( IN FEET ) 1 inch = 20 ft. WILLOWS DEVELOPMENT, LLC OWN. BY: C.H.B. MERIDIAN CKD. BY. S.P.T. LAND SURVEYORS THIS PLAT AND REPORT ARE NOT VALD YATHOUT THE SIGNATURE AND THE ORIGBHAL 171.1 INDIAN RTYER BLN7>. Sime 201 RAISED SEAL OF THE FLORIDA REGISTERED Sl1RVEYOR AND YAPPER NAMED HEREON YERO BEACH, FL 1210 LBM90S PRONE• 772-714-1213, FAX 772-791-iD% WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. &M.AII- LB6905.BCLLS0T!THA17r 1HE PLAT AND REPORT ARE NOT FULL AND COYRfTE OFTHOUT ONE ANOTHER PAGE 1 OF 2 �� 20 lr„volj nn:.vt1 rt,: Ivey f SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey. (Project # 15-004—CC) • TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY • THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE do STODDARD. INC. L.B. 16905 d.b.a. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201, VERO BEACH, FLORIDA 32960 • PROFESSIONAL SURVEYOR do MAPPER IN RESPONSIBLE CHARGE: CHARLES H BLANCHARD, P S.M. #5755 EXHIBIT 'A' CORNER CUP LEGAL DESQ4lPTION Legal Description: A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE (NOW BEING INDIAN RIVER) COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6, RUN NORTH 89'53'35" EAST (BASIS OF BEARINGS) ALONG THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 100.00 FEET TO THE EAST RIGHT OF WAY LINE OF LATERAL 'C' CANAL ( 100 FOOT RIGHT OF WAY); THENCE RUN NORTH 00'09'56' EAST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 00'09'56' EAST, A DISTANCE OF 50.00 FEET; THENCE, LEAVING SAID EAST RIGHT OF WAY LINE RUN SOUTH 44'58'15 EAST, A DISTANCE OF 70.54 FEET TO THE NORTH RIGHT OF WAY LINE OF 16TH STREET, AS IT NOW EXISTS;. THENCE RUN SOUTH 89'53'35' WEST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.03 ACRES MORE OR LESS. SKETCH OF DESCRIPRON PLAT OF SURVEY FOR: ML.LOWS DEVELOPMENT, LLC MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-7941213, FAX: 772-794-1096 E-MAIL:LB6905(a�BELLSOUTH.NET-MAUL: LB6905(a�BELLSOUTH.NET Legend & Abbreviations: (symbols not scoleoble for size) PLS - PROFESSIONAL LAND SURVEYOR PSM - PROFESSIONAL SURVEYOR & MAPPER LB - LAND SURVEYING BUSINESS C - CENTERLINE M - MEASURED VALUE P - PLAT VALUE CR - COUNTY ROAD R/W - RICHT OF WAY O.R.B. - OFFICIAL RECORD BOOK P.O.C. - POINT OF COMMENCEMENT P.O.B - POINT OF BEGINNING MHWL - MEAN HIGH WATER UNE S KE TQ f. QF, LEGAL DESCRIP nON NOT i4` `9LI4f`✓NL�ARY R, W Y TIES aAwo,'F�t+�R•� (y. T'fr•} ®►+R .? o sFx OF �'�ii•imEl+sEo vt;r�l�' wvaER GEiOkJo- 575_5 .i;��;'O PAGE 2 OF 2 21 Cutout from Parcel # 33-39-20-00001-0130-00002 0 Purchased by Indian River County from Audrey Graves Sexton, Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005 Public Purpose- Oslo Road right-of-way east of 661h Avenue RESOLUTION NO. 2016- 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 1 22 RESOLUTION NO. 2016 - 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: 1. Any and all liens for taxes delinquent or current against the following described lands purchased by Indian River County from Audrey Graves Sexton, Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005 for Oslo Road right-of-way east of 661h Avenue, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in Book 2905, Pages 2230-2231, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner , and motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Bob Solari, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Wesley S. Davis 2 23 RESOLUTION NO. 2016 - Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of April, 2016. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller -33 Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Tax Certificates Outstanding -Z_ Yes No Current Prorated Tax Received and Deposited With Tax Collector $ APPROVED AS 1-0 AND LfG SUPF C1 BY JI 0Vu7-(c0UrrrrATroKw- y Bob Solari, Chairman 3 24 ;120160003001 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL 3K: 2905 PG: 2230,1/15/2016 3:29 PM D DOCTAX PD $268.80 Prepared by -and return to: George G. Collins, Jr., Esq. Attorney at Law Collins, Brown, Barkett, Garavaglia & Lawn, Chartered 756 Beachland Boulevard Vero Beach, FL 32963 772-2314343 File Number: 10034 AMvc Thi- Linc For Recording Warranty Deed U This Warranty Deed made this 1,U day of January, 2016 between Audrey Graves Seaton, Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005 whose post office address is 4555 13th Street SW, Vero Beach, FL 32968, grantor, and Indian River County, a Political Subdivision of the State of Florida whose post office address is 1801 27th Street, Bldg A., Vero Beach, FL 32960, grantee: (whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs. tergal represcntativcs, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and to consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged. has granted_ bargained. and sold to the said grantee, and grantee's heirs and assigns forever, the following described land. situate, lytng,and being in Indian River County. Florida to -wit: A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2825, PAGE 2377, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 80 FEET OF THE SOUTH 130 FEET OF THE EAST 19.79 ACRES OF TRACT 13, LESS THE EAST 30 FEET THEREOF: AND THE NORTH 80 FEET OF THE SOUTH 130 FEET OF THE EAST 60 FEET OF THE WEST 20.86 ACRES OF SAID TRACT 13, ALL LYING IN SECTION 20, TOWNSHIEP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Parcel Identification Number: 33-39-20-00001-0130-00002/0 Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor Is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 455513th Street SW; Vero Beach, FL 32968. Subject to taxes for 2016 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said DoubleTlmee 25 IK: 2905 PG: 2231 � land and will defend the same against the • lawful claims of all persons whomsoever: and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2015. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, scaled and delivered in our presence: �� ` v�• �� Audrey Gr s Sexton TrVen' /A/D May 31. 2 es . Witness Nam ` I; �l By: �° / Audrey Graves Sexton, Individually and as Trusteee Witness Name: --Ntr ' - P �C State of Floiida County of Indian River i The foregoing instrument was acknowledged before me this I day of January, 2016 by Audrey Graves Sexton. Individually; and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005, who [L personally known or ( ) has produced a driver's license as identification. SGA�_l_U� _ - -1 [Notary Seal) Notary Public Printed Name: 'V)cLA)(;ci (A- My Commission Expires: BARBARA A. ac'AM N1' COMMISSION a EE 553938 ExPiRES: M,r'-n �t zon I ""+',�1� ',••'� i:sx•�A TLru �ol:ry PuSheU:.Can�ntens Warranty Deed - Page 2 DoubleTlmea 26 Dylan Retngold, County _attorney W\ ham K. DeBraal, Deputy Count)- .-Attorney Kate Pmgolt Cotner, .-Assistant County _-Attorney Consent Agenda - B CC l 12.16 Office of INDIAN RIVER COUNTY MEMORANDUM TO: ' Board of County Commissioners FROM: Dylan Reingold, County Attomeqtl"'� DATE: April 5, 2016 SUBJECT: City of Vero Beach — FPL Electric Utility Sale BACKGROUND ATTORNEY The City of Vero Beach (the "City") and FPL have entered into an agreement for the City to sell the City's electric utility to FPL. On two occasions, the voters of the City approved referenda supporting the sale of the City's electric utility to FPL. Since that time the negotiations between the Florida Municipal Power Agency ("FMPA"), Orlando Utilities Commission ("OUC"), the City and FPL have stalled. Representatives from the FMPA have recently expressed a desire to complete the sale. The County Attorney seeks authorization from the Indian River County Board of County Commissioners (the "Board") to speak at the next City Council meeting and request the City Council to authorize the City's outside counsel to join in discussions with the FMPA, OUC, FPL, Indian River County and the Town of Indian River Shores to complete the sale. If authorized, the County Attorney will request to be added to the City Council agenda on April 19`h, if possible. Approved for April 12, 2016 BCC Meeting Consent Agenda COUNTY ATTORNEY F-'.7w?wVlr,,6'-GE\'FR4L1B C CAg—d,.ile Tlecn Uahy Sa/e egm-iow da Indian River Co. A py-oved Date Admin. 7 Co. Atty. Budget M S y Department --- --- Risk Management --- --- 27 Board of County Commissioners April 5, 20)6 Page Two FUNDING County funding for City of Vero Beach Electric — FPL issues is provided from M.S.T.U. Fund reserves. During the current fiscal year. $50,000 is budgeted for such expenses. Staff does not anticipate any costs for the County Attorney to speak at the City Council meeting. Any potential future costs associated with this item will come from M.S.T.U. Fund reserves as discussed above. RECOMMENDATION The County Attorney recommends that the Board authorize the County Attorney to speak at the next City Council meeting and request the City Council to authorize the City's outside counsel to join in discussions with the FMPA, OUC, FPL, Indian River County and the Town of Indian River Shores to complete the sale. F".lrumev /s do GEVRL—B CCAg-da.11rm El�,—U.hn-S.1,Negm,a—d- 20 i)ytan Keingotd, (-ounty _attorney William K. DeBraal, Deputy County _Attorney Kate Pmgolt Cotner, .Assistant Count), 'attorney T 0 Consent Agenda - B. C. C. 4 12 16 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: I Dylan Reingold, County Attorney V DATE: April 5, 2016 ATTORNEY SUBJECT: ' Lease Agreement with SafeSpace, Inc. for Space at the Indian River County Courthouse BACKGROUND SafeSpace, Inc. is a not-for-profit company dedicated to providing assistance to victims of domestic viol Ience in the Treasure Coast. Oftentimes, victims of domestic violence need legal assistance in a safe place such as a courthouse. Additionally, it is important to have such an organization present in the courthouse to assist victims of domestic violence. Therefore, the Indian River County Clerk of the Court, SafeSpace, Inc. and Indian River County have worked together to draft a three-year lease agreement in which SafeSpace, Inc. will utilize a vacant room on the first floor of the Indian River County Courthouse as an office to assist victims of domestic violence. SafeSpace may utilize the room between 8:30 am and 4:30 pm, Monday through Friday, except for those holidays in which the Indian River County Courthouse is closed. SafeSpace, Inc. will be required to have employees working in the Indian River County Courthouse a minimum of 20 hours per week. Indian River County will provide basic telephone service, including a single jack and telephone and outgoing service for local calls only, and data connections. Per section 125.38, Florida Statutes, the Indian River County Board of County Commissioners must also approve a resolution outlining the proposed use, the rent and the term of the lease. Approved for April 12, 2016 BCC Meeting Consent Agenda COUNTY ATTORNEY F Liam 11jmla'GFVfR4VB(: C,1gemin.%1em Saf.J)n.. Ira:1- Indian River Co. Appsaked Date Admin. % Co. Att Budget /MS Department Risk Management --- --- 29 Board of County Commissioners April .i, 2016 Page TWO FUNDING The Lease Agreement will have only a nominal financial impact. Phone service and internet access will be funded from the Facilities Management department in the General Fund along with these services for other locations in the courthouse. RECOMMENDATION The County Attorney recommends that the Board approve the proposed resolution and the proposed Lease Agreement with SafeSpace, Inc. for the use of a room on the first floor of the Indian River County Courthouse. ATTACHMENT(S). Proposed Lease Agreement Proposed Res6lution F''Alromn^linda�Gt1'hJt41.'H (' (' Agrnda .NnnorSoJF.1 jure !<os. Joc kill LEASE AGREEMENT THIS LEASE AGREEMENT for a portion of the Indian River County Courthouse located at 2000 16th Ave, Vero Beach, FL 32960 ("Lease Agreement") is ientered into this day of 2016 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") and Lessee, SafeSpace, Inc., a Florida not-for-profit corporation. Witnesseth That: WHEREAS, SafeSpace, Inc. is a not-for-profit company dedicated to providing assistance to victims of domestic violence in the Treasure Coast; and WHEREAS, often victims of domestic violence need legal assistance in a safe !place such as a courthouse; and WHEREAS, the County believes it is important to have such an organization have a presence in the courthouse to assist victims of domestic violence; NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, the County and Lessee agree as follows: 1. RECITALS. The above recitals are true and correct and incorporated herein by reference. 2. TERM OF LEASE. The initial term of this lease shall be 3 years commencing on Us day of April 2016, and terminating on April , 2019 (the Initial Term"). This Lease Agreement will be automatically renewed for 3 year periods, unless terminated. 3. DESCRIPTION OF LEASED PREMISES. The County hereby leases to the Lessee, a room on the first floor of the Indian River County Courthouse located at 2000 16th Ave, Vero Beach, FL 32960 as depicted in Exhibit "A" ("Leased Premises"). 4. USE. Lessee shall occupy and use the Leased Premises only for its programs for support of domestic violence victims and related purposes, and for no other purpose whatsoever without County's prior written consent, which consent shall not be unreasonably withheld. 5. HOURS. Lessee may have employees working in the Leased Premises between 8:30 am and 4:30 pm Monday through Friday, except for those holidays in which the Indian River County Courthouse is closed. The Lessee must have employees working in the Leased Premises a minimum of 20 hours per week. 31 6. UTILITIES. The County shall provide basic telephone, a single jack and telephone and outgoing service for local calls only, and data connections to the Lessee at the Leased Premises. The Lessee shall be responsible for all hardware, software, equipment, material, labor and installation costs associated with the data connection. 7. MAINTENANCE AND REPAIRS. County shall maintain in good repair the roof, structural components and exterior walls of the Indian River County Courthouse, as well as the HVAC, electrical and plumbing systems. Lessee shall maintain the Leased Premises in a safe, clean and attractive condition, and shall make all necessary repairs so that the Leased Premises is maintained during the term of the Lease Agreement in substantially the same condition as it was given at the beginning of the lease. Lessee shall surrender the Leased Premises, and all County furniture in the Leased Premises used by Lessee, at termination or expiration of the lease, in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted. 8. IMPROVEMENTS. Lessee shall not make or allow to be made any alterations, additions or improvements in or to the Leased Premises, without obtaining the prior written approval of the County, which consent shall not be unreasonably withheld, delayed or conditioned. Lessee shall deliver to the County a copy of the construction plans and specifications for all alterations, additions or improvements which Lessee proposes to make in or to the Leased Premises. Except as specifically provided herein, Lessee agrees that all approved work shall be done in a good and workmanlike manner, at Lessee's sole cost and expense, and that the structural strength and integrity of the Indian River County Courthouse shall not be impaired in any way. Lessee shall obtain, at Lessee's expense, all necessary permits and approvals from governmental authorities for the commencement and completion of any such alterations, additions and improvements and shall furnish evidence of such approval to the County prior to the commencement of construction or installation of any such alterations, additions and improvements. All alterations, additions or improvements shall be constructed in accordance with all applicable building codes, laws and regulations. All of Lessee's alterations, additions and improvements shall be deemed to be a part of the Leased Premises, and Lessee shall be obligated to maintain and repair the same. All alterations, additions and improvements in or to the Leased Premises shall, when made, become the property of the County and shall be surrendered to the County upon the termination of this Lease Agreement, whether by lapse of time or otherwise. Lessee shall indemnify, hold harmless and defend the County from and against any and all claims, losses, liabilities, costs, damages and expenses (including court costs and attorneys' fees at or before the trial level and in any appellate proceedings) arising out of or relating to any alterations, additions or improvements made by Lessee in or to the Leased Premises (notwithstanding County's prior written consent thereto). Lessee shall not place or install safes, vaults or other heavy equipment within the Leased Premises, without the prior written approval of the County. As used in this N 32 section, an alteration, addition and improvement shall mean a structural change or fixture attached to building such that it becomes a part of the building and specifically excluding furniture, office equipment and personalty. 9. CONSTRUCTION LIENS. Lessee agrees that it, will make full and prompt payment of all sums necessary to pay for the costs of all repairs and permitted alterations, additions, improvements, changes and other work done by Lessee in or to the Leased Premises and further agrees to indemnify, save harmless and defend the County from and against any and all costs and liabilities, including reasonable attorney's fees incurred by the County and against any and all construction, materialmen's, laborers' and other statutory or common law liens which may be asserted, claimed or charged against all or any part of the Leased Premises or the Indian River County Courthouse arising out of or from such work. Notwithstanding anything to the contrary set forth in this Lease Agreement, in no event shall the interest of the County in all or any part of the Leased Premises or the Indian River County Courthouse be subject to any construction, materialman's, laborers' or other statutory or common law lien for improvements or work made or done by or at the instance of Lessee, whether or not the same shall be made or done with the consent of the County or by agreement between Lessee and the County. All persons dealing with or contracting with Lessee or any contractor of Lessee are hereby put on notice of the foregoing provision. In the event any notice, claim or lien shall be asserted or recorded against the interest of the County in the Leased Premises or the Indian River County Courthouse on the account of or extending from any improvement or work made or done by or at the instance of Lessee, or any person claiming by, through or under Lessee, or from any improvement or work the cost of which is the responsibility of Lessee, then Lessee agrees to have such notice, claim or lien canceled, discharged, released or transferred to other security in accordance with applicable Florida Statutes within thirty (30) days after notice to Lessee by the County, and in the event Lessee fails to do so, Lessee shall be considered in default under this Lease Agreement. Lessee agrees to join the County, 'at County's request, in the execution of a short form of lease, pursuant to section 713.10, Florida Statutes, to be recorded in' the Public Records of Indian River County, Florida for the purpose of giving constructive notice of the provisions of this subparagraph. 10. ACCESS TO STORAGE CLOSET. The storage closet located adjacent to the Leased Premises can only be accessed through the Leased Premises. Lessee shall allow County access to the storage closet at any time. 11. ASSIGNMENT OR SUBLEASE. Lessee shall not assign, sublease or transfer any part of this Lease Agreement or the Leased Premises, without the prior written consent of the County. 12. TERMINATION OF LEASE. This Lease Agreement may be terminated for convenience by either party with sixty (60) days written notice. Either Party may terminate this Lease Agreement for cause when there is an event of default by the other Party. An event of default shall occur if either party fails to perform a 3 33 material obligation under this Lease Agreement and such failure is not cured i within thirty (30) days after written notice of the default is provided by the non - defaulting Party to the defaulting Party. 13. ANNUAL APPROPRIATION. This Lease Agreement is subject to annual budget and/or appropriation by the Board of County Commissioners and staffing allocation by the County Administrator. 14. NOTICE. Any notice required by this lease, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to County at: Lessor: SafeSpace, Inc. Kitty Peterson Director of Finance & Administration 612 SE Dixie Highway Stuart, FL 34994 County: Indian River County Board of County Commissioners Public Works Director Public Works Department 1801 27th Street Vero Beach, Florida 32960-3365 The above addresses may be changed by either party by written notice to the other party. 15. TIME OF THE ESSENCE. Time shall be of the essence with respect to each and every matter set forth herein. 16. RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISK TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY HEALTH UNIT. 17. VENUE AND GOVERNING LAW. Any and all suits for breach of this Lease Agreement shall be instituted and maintained in a state or federal court of competent jurisdiction having jurisdiction over Indian River County, Florida. This Lease Agreement and any questions concerning its validity, construction and performance shall be governed by the laws of the State of Florida. 4 34 18. SEVERABILITY. In the event that any provision of this Lease Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties shall negotiate in good faith and agree to such amendments, modifications or supplements of, or to, this Lease Agreement or such other appropriate changes as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise effected by such action remain in full force and effect. 19. INSURANCE. Lessee shall obtain and maintain the minimum following insurance types, coverages and amounts as stated below: a) Commercial General Liability — No more restrictive than ISO Form CG0001 (including property damage, personal injury, products / comp. ops. agg., premises, operations, and blanket contractual liability) $500,000 Each Occurrence $500,000 Products & Completed Ops Aggregate $500,000 Personal Injury and Advertising $500,000 General Aggregate $50,000 sublimit Fire legal liability The County and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage. b) Automobile Liability (all automobiles -owned, hired or non -owned) - $500,000 Combined Single Limit C) In the event the Lessee hires employees or is otherwise required to carry workers' compensation insurance, the Lessee will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. The Lessee will assume responsibility for Lessee's discretion in confirming that all of Lessee's contractors or subcontractors engaged in work have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation - Florida Statutory Coverage Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. 6i 35 Employer's Liability $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease d) In the event that any services or activities of a professional nature are provided, Professional Liability (Errors and Omissions) - $1,000,000 Each Occurrence/Claim (e) Primary and Non -Contributory — The Lessee's insurance will apply on a primary basis and will not require contribution from any insurance or self- insurance maintained by the County. (f) Deductibles — The deductibles of the insurance policies applicable to the use of the Leased Premises shall be deemed customary and the responsibility of the Lessee and any named insureds. (g) Additional Insured — The Lessee's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Conunissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the use of the Leased Premises. (h) Reporting Provision — The Lessee's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Lessee shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (i) Duration — Notwithstanding anything to the contrary, the Lessee's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. (j) Financial Responsibility — Lessee shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. C 36 (k) Evidence of Financial Responsibility — The Lessee must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement, no later than 10 days after this Lease Agreement is executed. Upon written request, the Lessee shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Lessee's insurance if it complies with this Lease Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Lessee's insurance, shall be effective until 30 days after receipt of written notice by the County from the Lessee or the Lessee's insurance company. (1) Discretionary Authority — Depending upon the nature of any aspect of the use of the Leased Premises and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. 20. INDEMNIFICATION. To the extent permitted by law Lessee shall defend, protect, hold harmless and indemnify the County, its Commissioners, directors, officers, employees, and agents and contractors of any tier, or any of them (the "County Indemnified Persons") from and against any cost, expense, loss, claim or liability whatsoever, including the cost of attorneys' fees and appeals, for injury to any person or loss or damage to any property arising out of (a) the negligence or wrongful misconduct of Lessee, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier; (b) the failure of or by Lessee, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier to comply with applicable law or regulations of federal, state or local governments; (c) the performance or failure to perform of the Lessee under this Lease Agreement; and (d) any breach by Lessee of any representation or warranty made in this Lease Agreement. Lessee is not required to hold harmless or indemnify any County Indemnified Person for any cost, expense, loss, claim or liability to the extent caused by any County Indemnified Person's negligence or reckless misconduct. 21. ENTIRE AGREEMENT. This written Lease Agreement shall constitute the entire agreement of the parties with respect to the Leased Premises and the County's occupancy of the Leased Premises. No other statement, representation or prior agreement shall have any force or effect, unless set forth herein. VA 37 IN WITNESS WHEREOF, the undersigned have affixed our hands and seals at Vero Beach, Indian River County, Florida, as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Approved by BCC: _, 2016. ATTEST: By: Jeffrey R. Smith, Clerk of Court and Comptroller Witnessed by: Safe ace, In . signature: A s� printed name:1C'lrye tv&& . signature. v printed name: Approved as to form and legal sufficiency: County Attorney 38 M — I �QA�1 ll :'t K,UVR I I I I I \�,' � rrry I U\V , � .�—�-„,.•,-`. 82' ' I 1 CgRRIIDDOR _ 11�� 5 ( \ C�fTROL - , r ` C ROL - -'” / �� TRAFFIC 'ADMIN: OFEtCE t �\ 1x85 PUBLIC R �` \\ \ / i 21 A2.2 Sim "1'd'w ^.'t FOR NLARGED 1 I LOSD PLAN \ I r _T '� - - wan 1231' - �.: ` s�.: ;. ;�•; I , \ ,fes. --#• .. I - -- L _ •�.��1G'=;r ',� % .�. I 23T FORMS 13:1 r -�� I I Ea A0is OF \ I a•.... .;i.jL29 FLOOR ABolf �_ UP. OPEN.,. FF I; V UP GALE MANRYRIAt," IN\\ tl\ ..SiOR. 110 / . CWSES I STOP. 1107 , �,..t•,'. \:. V OUT \ / --�-. _•_,—__— .__—� rte.:, ��.,. ,t.• STORAGE / IN �.�. ./ k1QICAT£S':' �.��jjJ�,{••��rt�� •� •/ i LOCK r"4ti/Nw\LW'' "i°:��'�O' ' ; I \J�' /:. � .:;1,�`r •;+,�;:.::F 1.,:' ''�ri'';��rixr".iir•; ;Li+�l4.j`'?F.,i STONE : • ";... i ; ru : i +Slid?: r.^. .a,I:�iS .}}`�t`,t'ilt'�w4.,fii�t' ,:.•, ,:;.. "'�45,:� r•q, 'n ,., ,..Vi,'tif?. •`F,, •p ry.f,�?'.:k, t`a."+?,:.;ty4... •i;!-,'ii'r'y'•,r. ;{ • 1 100 '`,a ./_ y�.h••-•y,.., ` I=" WE .:�v t•"�7Fy, � yj ^i—� (ll l'... r..-!cll.s`.?:'";�i:;`'^�7�•�+�.it..•.—. 7' RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT WITH SAFESPACE, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR A ROOM IN THE INDIAN RIVER COUNTY COURTHOUSE. WHEREAS, SafeSpace, Inc., a Florida not for profit corporation, requested the Board of County Commissioners to consider leasing a room on the first floor of the Indian River County Courthouse located at 2000 1611 Avenue, Vero Beach, FL, 32960 ("Property") for use as space to provide legal assistance to victims of domestic violence; and WHEREAS, SafeSpace, Inc. will use the Property to facilitate programs for support of domestic violence victims and related purposes; and i WHEREAS, the Board of County Commissioners finds that such a use of County Property promotes the County interests and welfare; and i WHEREAS, SafeSpace, Inc. is a Florida not -profit corporation, organized exclusively for providing programs for victims of domestic violence, 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 THAT: 1. The Board finds that SafeSpace, Inc. 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 to facilitate programs for support of domestic violence victims and related purposes; 3. The Board approves, and authorizes the Chairman to execute a Lease Agreement between the Board and SafeSpace, Inc., in the form set forth in the attached Exhibit "A" for a term of three (3) years at a rental rate of $1.00 per year; and 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 Bob Solari Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Tim Zorc 40 RESOLUTION NO. 2016 - The Chairman thereupon declared the Resolution duly passed and adopted this _day of April, 2016. i Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: Ian Reingold County Attorney 2 INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS a Bob Solari, Chairman 41 LEASE AGREEMENT THIS LEASE AGREEMENT for a portion of the Indian River County Courthouse located at 2000 16th Ave, Vero Beach, 1~L 32960 ("Lease Agreement") is entered into this day of , 2016 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County's and Lessee, SafeSpace, Inc., a Florida not-for-profit corporation. Witnesseth That: WHEREAS, SafeSpace, Inc. is a not-for-profit company dedicated to providing assistance to victims of domestic violence in the Treasure Coast; and i WHEREAS, often victims of domestic violence need legal assistance in a safe place such as a courthouse; and WHEREAS, the County believes it is important to have such an organization have a presence in the courthouse to assist victims of domestic violence; NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, the County and Lessee agree as follows: 1. RECITALS. The above recitals are true and correct and incorporated herein by reference. 2. TERM OF LEASE. The initial term of this lease shall be 3 years commencing on this day of April 2016, and terminating on April 2019 (the Initial Term'). This Lease Agreement will be automatically renewed for 3 year periods, unless terminated. 3. DESCRIPTION OF LEASED PREMISES. The County hereby leases to the Lessee, a room on the first floor of the Indian River County Courthouse located at 2000 16th Ave, Vero Beach, FL 32960 as depicted in Exhibit "A" ("Leased Premises"). 4. USE. Lessee shall occupy and use the Leased Premises only for its programs for support of domestic violence victims and related purposes, and for no other purpose whatsoever without County's prior written consent, which consent shall not be unreasonably withheld. 5. HOURS. Lessee may have employees working in the Leased Premises between 8:30 am and 4:30 pm Monday through Friday, except for those holidays in which the Indian River County Courthouse is closed. The Lessee must have employees working in the Leased Premises a minimum of 20 hours per week. 42 6. UTILITIES. The County shall provide basic telephone, a single jack and telephone and outgoing service for local calls only, and data connections to the Lessee at the Leased Premises. The Lessee shall be responsible for all hardware, software, equipment, material, labor and installation costs associated with the data connection. 7. MAINTENANCE AND REPAIRS. County shall maintain in good repair the roof, structural components and exterior walls of the Indian River County Courthouse, as well as the HVAC, electrical and plumbing systems. Lessee shall maintain the Leased Premises in a safe, clean and attractive condition, and shall make all necessary repairs so that the Leased Premises is maintained during the term of the Lease Agreement in substantially the same condition as it was given at the beginning of the lease. Lessee shall surrender the Leased Premises, and all County furniture in the Leased Premises used by Lessce, at termination or expiration of the lease, in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted. 8. IMPROVEMENTS. Lessee shall not make or allow to be made any alterations, additions or improvements in or to the Leased Premises, without obtaining the prior written approval of the County, which consent shall not be uiuveasonably withheld, delayed or conditioned. Lessee shall deliver to the County a copy of the construction plans and specifications for all alterations, additions or improvements which Lessee proposes to make in or to the Leased Premises. Except as specifically provided herein, Lessee agrees that all approved work shall be done in.a good and workmanlike manner, at Lessee's sole cost and expense, and that the structural strength and integrity of the Indian River County Courthouse shall not be impaired in any way. Lessee shall obtain, at Lessee's expense, all necessary permits and approvals from governmental authorities for the commencement and completion of any such alterations, additions and improvements and shall furnish evidence of such approval to the County prior to the commencement of construction or installation of any such alterations, additions and improvements. All alterations, additions or improvements shall be constructed in accordance with all applicable building codes, laws and regulations. All of Lessee's alterations, additions and improvements shall be deemed to be a part of the Leased Premises, and Lessee shall be obligated to maintain and repair the same. All alterations, additions and improvements in or to the Leased Premises shall, when made, become the property of the County and shall be surrendered to the County upon the termination of this Lease Agreement, whether by lapse of time or otherwise. Lessee shall indemnify, hold harmless and defend the County from and against any and all claims, losses, liabilities, costs, damages and expenses (including court costs and attorneys' fees at or before the trial level and' in any appellate proceedings) arising out of or relating to any alterations, additions or improvements made by Lessee in or to the Leased Premises (notwithstanding County's prior written consent thereto). Lessee shall not place or install safes, vaults or other heavy equipment within the Leased Premises, without the prior written approval of the County. As used in this 04, 43 section, an alteration, addition and improvement shall mean a structural change or fixture attached to building such that it becomes a part of the building and specifically excluding furniture, office equipment and personalty. 9. CONSTRUCTION LIENS. Lessee agrees that it will make full and prompt payment of all sums necessary to pay for the costs of all repairs and permitted alterations, additions, improvements, changes and other work done by Lessee in or to the Leased Premises and further agrees to indemnify, save harmless and defend the County from and against any and all costs and liabilities, including reasonable attorney's fees incurred by the County and against any and all construction, materialmen's, laborers' and other statutory or common law liens which may be asserted, claimed or charged'against all or any part of the Leased Premises or the Indian River County Courthouse arising out of or from such work. Notwithstanding anything to the contrary set forth in this Lease Agreement, in no event shall the interest of the County in all or any part of the Leased Premises or the Indian River County Courthouse be subject to any construction, materialman's, laborers' or other statutory or common law lien for improvements or work made or done by or at the instance of Lessee, whether or not the same shall be made or done with the consent of the County or by agreement between Lessee and the County. All persons dealing with or contracting with Lessee or any contractor of Lessee are hereby put on notice of the foregoing provision. In the event any notice, claim or lien shall be asserted or recorded against the interest of the County in the Leased Premises or the Indian River County Courthouse on the account of or extending from any improvement or work made or done by or at the instance of Lessee, or any person claiming by, through or under Lessee, or from any improvement or work the cost of which is the responsibility of Lessee, then Lessee agrees to have such notice, claim or lien canceled, discharged, released or transferred to other security in accordance with applicable Florida Statutes within thirty (30) days after notice to Lessee by the County, and in the event Lessee fails to do so, Lessee shall be considered in default under this Lease Agreement. Lessee agrees to join the County, at County's request, in the execution of a short form of lease, pursuant to section 713.10, Florida Statutes, to be recorded in the Public Records of Indian River County, Florida for the purpose of giving constructive notice of the provisions of this subparagraph. 10. ACCESS TO STORAGE CLOSET. The storage closet located adjacent to the Leased Premises can only be accessed through the Leased Premises. Lessee shall allow County access to the storage closet at any time. 11. ASSIGNMENT OR SUBLEASE. Lessee shall not assign, sublease or transfer any part of this Lease Agreement or the Leased Premises, without the prior written consent of the County. 12. TERMINATION OF LEASE. This Lease Agreement may be terminated for convenience by either partywith sixty (60) days written notice. Either Party may terminate this Lease Agreement for cause when there is an event of default by the other Party. An event of default shall occur if either party fails to perform a 3 44 material obligation under this Lease Agreement and such failure is not cured within thirty (30) days after written notice of the default is provided by the non - defaulting Party to the defaulting Party. 13. ANNUAL APPROPRIATION. This Lease Agreement is subject to annual budget and/or appropriation by the Board of County Commissioners and staffing allocation by the County Administrator. 14. NOTICE. Any notice required by this lease, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to County at: Lessor: SafeSpace, Inc. Kitty Peterson Director of Finance &. Administration 612 SE Dixie Highway Stuart, FL 34994 County: Indian River County Board of County Commissioners Public Works Director Public Works Department 1801 27th Street Vero Beach, Florida 32960-3365 The above addresses may be changed by either party by written notice to the other party. 15. TIME OF THE ESSENCE. Time shall be of the essence with respect to each and every matter set forth herein. 16. RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISK TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY HEALTH UNIT. 17. VENUE AND GOVERNING LAW. Any and all suits for breach of this Lease Agreement shall be instituted and maintained in a state or federal court of competent jurisdiction having jurisdiction over Indian River County, Florida. This Lease Agreement and any questions concerning its validity, construction and performance shall be governed by the laws of the State of Florida. 4 45 18. SEVERABILITY. In the event that any provision of this Lease Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties shall negotiate in good faith and agree to such amendments, modifications or supplements of, or to, this Lease Agreement or such other appropriate changes as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise effected by such action remain in full force and effect. 19. INSURANCE. Lessee shall obtain and maintain the minimum following insurance types, coverages and amounts as stated below: a) Commercial General Liability — No more restrictive than ISO Form CG0001 (including property damage, personal injury, products / comp. ops. agg., premises, operations, and blanket contractual liability) $500,000 Each Occurrence $500,000 Products & Completed Ops Aggregate $500,000 Personal Injury and Advertising $500,000 General Aggregate $50,000 sublimit Fire legal liability The County and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage. b) Automobile Liability (all automobiles -owned, hired or non -owned) - $500,000 Combined Single Limit c) In the event the Lessee hires employees or is otherwise required to carry workers' compensation insurance, the Lessee will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. The Lessee will assume responsibility for Lessee's discretion in confirming that all of Lessee's contractors or subcontractors engaged in work have the appropriate workers' compensation coverage. Such evidence wilt include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation - Florida Statutory Coverage Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. 5 46 Employer's Liability $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease d) In the event that any services or activities of a professional nature are provided, Professional Liability (Errors and Omissions) - $1,000,000 Each Occurrence/Claim (e) Primary and Non -Contributory — The Lessee's insurance will apply on a primary basis and will not require contribution from any insurance or self- insurance maintained by the County. (f) Deductibles — The deductibles of the insurance policies applicable to the use of the Leased Premises shall be deemed customary and the responsibility of the Lessee and any named insureds. (g) Additional Insured — The Lessee's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the use of the Leased Premises. (h) Reporting Provision,— The Lessee's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Lessee shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (i) Duration — Notwithstanding anything to the contrary, the Lessee's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. (j) Financial Responsibility — Lessee shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. 47 (k) Evidence of Financial Responsibility — The Lessee must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement, no later than 10 days after this Lease Agreement is executed. Upon written request, the Lessee shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Lessee's insurance if it complies with this Lease Agreement's requirements, including, if any, additional insurance coverages deemed necessary by,the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Lessee's insurance, shall be effective until 30 days after receipt of written notice by the County from the Lessee or the Lessee's insurance company. (1) Discretionary Authority — Depending upon the nature of any aspect of the use of the Leased Premises and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. 20. INDEMNIFICATION. To the extent permitted by law Lessee shall defend, protect, hold harmless and indemnify the County, its Commissioners, directors, officers, employees, and agents and contractors of any tier, or any of them (the "County Indemnified Persons") from and against any cost, expense, loss, claim or liability whatsoever, including the cost of attorneys' fees and appeals, for injury to any person or loss or damage to any property arising out of: (a) the negligence or wrongful misconduct of Lessee, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier; (b) the failure of or by Lessee, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier to comply with applicable law or regulations of federal, state or local governments; (c) the performance or failure to perform of the Lessee under this Lease Agreement; and (d) any breach by Lessee of any representation or warranty made in this Lease Agreement. Lessee is not required to hold harmless or indemnify any County Indemnified Person for any cost, expense, loss, claim or liability to the extent caused by any County Indemnified Person's negligence or reckless misconduct. 21. ENTIRE AGREEMENT. This written Lease Agreement shall constitute the entire agreement of the parties with respect to the Leased Premises and the County's occupancy of the Leased Premises. No other statement, representation or prior agreement shall have any force or effect, unless set forth herein. 7 48 IN WITNESS WHEREOF, the undersigned have affixed our hands and seals at Vero Beach, Indian River County, Florida, as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Approvcd by BCC: _, 2016. ATTEST: By: Jeffrey R. Smith, Clcrk of Court and Comptroller By:.' !fir/ cti�� Witnessed by: Safe ace, In . signature`& /t z1 printed name: /4/ tr/lQ r. signatur e. v printed Approved as to form and legal sufficiency: ounty Attorney E 49 I I :rQ I.VaKNIM I I 1 ,moi' ', •./b luw 82. ^� I I CQRR►DOR . TR*T C 11IOMCE 1 •, ii ', � '� .� � - '%.� �\. ] �\ 1•]85 ' _�� \ I I ' ':� "'' ..: ter% Ya' �`'�`''•�'�` l��"^^.ctiC � / \ j '' �t '' � �(T' '�� 111'•''",� �.:"�v' .•s,. ��'''-': °UBLIC ROOM �.: \ I. 1 21 A22 •,=rr ?.I ;: ,.: 113, \. 715175. ?'' •:?'{'�iU`,i % ' ' f „ :. "x / I # I \ : ; Via;`• _ rirt: J>; , . 1 1Q8 :RE•3 , �" � \. f:tCOleY.4: • ^;, � j;;�':� j.: FOR ENLARGED ::�. , ; .•c•r•; %)'as`); `r. 1 / I LOBB1t PLAN ff 12 / • 1 1:: •.: ff :t ., 123 ' � • •"' > � •:: "'�s•;,:1. j .. �A. ___jAITjG 1234 � :..,c-..'1.._. 1 12 2 I _ L.._ SOARS •�'+.�-ice; . ". •iJ iii-..� •L", FORMSr Al t - a. I 1 EbK OF FLOOR AWE �� ( � OPEN UP' UP IrML MAiKYRtAG Ifo 110 1. :.. ST09. \• Y ,:i. �� s '• 1107 I' 7 :t STORAGE J� t ` S> IN _ y„s. GUN r y `' .,1:1 Q 1 /�n•/ / q LOCK i., 1 . n • �� »>'.:: I1:�R�iV±..t1:GJy .�R';,, h1D1'� f I \V _ I:. ,{`;,y:a+'•r<ii�(:,{,iia„a'�`''"fi. a:.•�;,• "�•p��y��. ,� V` :• • r, c � \ •� � ,, • ;..7ERl1lNATE$” ,' • ,; .:-.r•�r: .t'C,��'a �', r ;�?c� y t �r: u :.std; �',=. �'`0�":.FtY•' 'f ,a� . }:. - — — _ _ 1 100 :�•d•_}`iY •:•'��,•�'{Ic. '•�'� T,' \ J VESTIBULE'• eo : :�K:Y:' `.� .. M h':"ire' ?IE.^,.':;. �'.':S,I, ..�:s..�, li�'i`:,c, `{% ;i?r .r �; O'^ \ 1 �/.W rV1Z � :J.. �, ,fY•'�lwj'c.. �,j•v�i ��. min� ��' 7r �.. .r, {.•;�y r'v / � ` Gf 'moi .f .. ..... 'i'�Irj�;':, '+:�� '�� .:,'.`.?�':,r.:. �''7 > „• � 1 j is �• •^• � ..__.. .. Office of the INDIAN RIVER COUNTY ADMINISTRATOR Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: - Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: April 4, 2016 SUBJECT: Authorization to Attend National Municipal Bond Summit Authorization is requested for the County Administrator and/or Staff to attend the National Municipal Bond Summit April 20`h to 22nd. APPROVED AGENDA ITEM 1W'd _April 12, 2016 51 Fil ,conferences/summit czTHG BOND BUYER &BDA present THE NATIONAL MUNICIPAL BOND SUMWT, APRIL 20-22,12016 1 ASTOR CROWNE PLAZA NEW ORLEANS FRENCH -QUARTER I NEW ORLEANS, LA GAIN KNOWLEDGE AND STRATEGIES TO FACE YOUR MOST CHALLENGING HURDLES YET The National Municipal Bond Summit is the industry's exclusive annual gathering, offering the market's leaders the opportunity to meet and network with senior public -sector issuers, investors, credit analysts, investment bankers, attorneys, and other professionals from across the country. Attending The National Municipal Bond Summit will give you exposure to the arguments over Federal tax reform and disclosure expectations - and actionable strategies you can use to save money for issuers and investors as those debates unfold; an assessment of the nation's infrastructure -finance needs, and the steps the industry is taking to make sure all policymakers in Washington understand the municipal market is crucial for protecting and expanding those transportation, water, and education assets; as well as learn more about how regulators' plans for reforming the market could drive big changes to the way bonds are bought, sold, and priced. Join us for a vigorous and inspiring discussion in addition to a full slate of networking opportunities that The Bond Buyer Conferences are known for. THE BOND BUYER & BDA present THE NATIONAL MUNICIPAL SUMMIT WEDNESDAY,;APRIL 20 10:00 a.m. I Golf Outing Sponsored by- Ih IPRE0 2:30 p.m. Registration Opens 3:45 p.m. - 4:00 p.m. Opening Remarks Michael Ballinger, Publisher, THE BOND BUYER Michael Nicholas, CEO, BOND DEALERS OF AMERICA 4:00 p.m. - 4:30 p.m. Sponsored by- rm=. Live Market Survey Moderator: Thomas Weyl, Managing Director and Head of New Business Development, NATIONAL PUBLIC FINANCE GUARANTEE Jim Beard, CFO, ATLANTA Frank Fairman, Head of Public Finance, PIPER JAFFRAY & CO. 4:30 p.m. - 5:00 p.m. Opening Keynote Address 5:00 p.m. - 5:45 Ip.m. General Session: Recovering From Katrina Since Katrina, New Orleans has been working to enhance quality of life across the city They are promoting entrepreneurship, attracting high- tech jobs, engendering school reform with 90% of students attending charter schools promoting an increase in positive school performance and revitalizing their real estate market. Billions of dollars are being invested in housing, schools, hospitals, parks and playgrounds, roads and vital hurricane protection. New Orleans is on the road to recovery This panel of local issuers will share the trials and tribulations of a post disaster recovery. Moderator: lee Bressler, Managing Director, Public Finance, RAYMOND JAMES Ronald Bordelon, Chief Facilities Officer, LA DEPARTMENT OF EDUCATION RSD Cedric Grant, Executive Director, CITY PUBLIC WORKS/SEWERAGE & WATER BOARD OF NEW ORLEANS Jane Ridley, Senior Director State and Local Government Group, STANDARD & POOR'S RATINGS SERVICES 5:45 p.m. - 7:00' p.m. Cocktail Reception 7:00 p.m. Opening Dinner (By Invitation Only) Sponsored by, THURSDAY, APRIL 21 8:00 a.m. Registration Opens 8:00 a.m. - 9:00 a.m. Continental Breakfast In The Exhibit Area Sponsored by- VIP o rm (Municippall Mwlosum W a I Sckrwn, 9:00 a.m. - 9:45 a.m. Muni Market Compliance, Regulation And Enforcement This panel will address current hot topics in federal securities law, including the status of tax-exempt bonds, recent SEC enforcement actions, any SEC legislative initiatives, recent guidance from NABL regarding Disclosure Controls and Procedures, and the implications of GASB 67/68 for Official Statement pension disclosures. Moderator: Elizabeth Columbo, Partner, NIXON PEABODY LLP Stephanie Dumont, Senior Vice President & Counsel, FINANCIAL INDUSTRY REGULATORY AUTHORITY Carol Lew, Shareholder, STRADLING YOCCA CARLSON & RAUTH, P.C. Gail Marshall, Associate General Counsel - Enforcement Coordination, MUNICIPAL SECURITIES RULEMAKING BOARD Rebecca Olsen, Chief Counsel, U.S. SECURITIES AND EXCHANGE COMMISSION 9:45 a.m. -10:15 a.m. The National Elections, New leadership And The Potential Impact On The Muni Market From sequestration to heightened discussion about corporate tax reform, bank qualified bond legislation and more, hear the insider's perspective about which Congressional proposals are likely to affect the muni market in 2016 and how the November elections might affect prospects for greater tax reform in 2017. Moderator: Jessica Giroux, General Counsel and Managing Director, BOND DEALERS OF AMERICA 10:15 a.m. -10:30 a.m. Networking Break In The Exhibit Hall Sponsored by' STANDARD & S RATINGS SERVICES WGRAW HILL FINANCIAL 10:30 a.m. -11:30 a.m. Disclosure Of Mark -Ups For Specified Principal Transactions, Muni Best Execution, Etc. This panel will discuss the latest on how recently enacted and proposed regulations are impacting Muni Market Structure. MSRB Notice 2015- 16 (and FINRA Reg. Notice 15-36) on disclosure of mark-ups diverge in terms of the computation timeframe—will the industry see convergence? What are the practical issues with complying with this proposed rule (e.g., determining the prevailing market price)? Muni Best Execution (MSRB Rule G-18) went into effect on March 21, 2016. As a refresher, what are the salient bullet -points of this Rule? What are the common misconceptions encountered in the industry's adoption herein? Moderator: Thomas Vales, Chairman and CEO, TMC BONDS LLC Michael Marz, Vice Chairman, HILLTOP SECURITIES INC. Chris Melton, Executive VP, Legal and Compliance, COASTAL SECURITIES INC. 54 TEEIBOND BUYER & BDA present THE NATIONAL MUNICIPAL BOND SUMMIT MEMOR (CONTINUED) 11:30 a.m. -12:15 p.m. View From The Buy -Side - Expectations, Strategies, Adapting To Change Market Structure And Concerns Related To Tax Reform I Given the volatility in markets of late, in the case of municipals, key factors such as ratings, insurance, and research opinions bear even more scrutiny than what we've seen in the past. Panelists will grapple with major trends in the credit cycle, liquidity, portfolio management responses, and other keyvariables. Moderator: James Binette, Managing Director of Finance, ASSURED GUARANTY i James E. Pass, Senior Managing Director, GUGGENHEIM PARTNERS Judy Wesalo Temel, Senior Vice President, Director of Credit, FIERA CAPITAL INC. 12:15 p.m. -1,:15 p.m. Luncheon And Address 1:15 p.m. -1:45 p.m. Dessert In The Exhibit Area Sponsored by- \\111 /e NIXON iIxZL PEABODY 1:45 p.m. - 2:45 p.m. The Institutional Muni Market And Electronic Trading This panel of leaders will discuss developments, trends and how dealers can increase market share. John Craft, Managing Director & Head of Buy -Side Muni Relationships TMC BONDS LLC John Gallagher, Head of Municipal Bonds and U.S. High Grade Product Management, MARKETAXESS Joe Guarino, Head ofAmericas Fixed Income and FX Electric Trading Sales BLOOMBERG L.P 2:45 p.m. - 3:30 p.m. Regional And Community Banks Efforts The panelists of this session will discuss the Bank Qualified (BQ) municipal market from the prospective of underwriting, trading, sales and to the ultimate bank portfolio investor. The BQ market is a very important segment of the overall municipal market as many of our local municipalities, villages, townships, and school districts raise funding in this segment. The importance of including BQ municipal securities to the overall bank investment portfolio is demonstrated in the investment yields as compared to other bank eligible investments and can contribute to overall bank net interest margins. Moderator: Connie Yee, SVP, Asst. Treasurer & Director of Investment Management, ASSOCIATED BANK, NATIONAL ASSOCIATION Keith Kolb, Managing Director - Director of Public Finance, ROBERT W BAIRD & CO. Matt Salino, Director -Senior Institutional Trader, RBC CAPITAL MARKETS Craig Slack, Director - Institutional Fixed Income Sales, RBC CAPITAL MARKETS 3:30 p.m. - 4:00 p.m. Networking Break in the Exhibit Area Sponsored by: HilltopSecurities AMW Hotlhp Company, 4:00 p.m. - 4:45 p.m. Disclosure and Due Diligence After MCDC: Challenges And Best Practices Two decades of efforts to improve municipal issuers' disclosure practices culminated in the SEC's MCDC Initiative, which has resulted in more than 70 enforcement actions to date and the promise of more to come. While some light has been shed on regulatory expectations, little guidance is available to firms that want to meet them. This panel will discuss the compliance challenges firms face when underwriting new issues, as well as lessons learned through experience with MCDC - and whether this latest approach to disclosure is moving the needle at the issuer level. Moderator: Suzanne Finnegan, Chief Credit Officer, BUILD AMERICA MUTUAL Gregg Bienstock, Co -Founder, LUMESIS, INC. Jacob lesser, Director, PROMONTORY FINANCIAL GROUP Michael Walsh, Senior Vice President, DPC DATA INC. Lisa Washburn, Managing Director, Municipal Market Analytics (MMA), CHAIR, NATIONAL FEDERATION OF MUNICIPAL ANALYSTS (NFMA) 4:45 p.m. - 5:15 p.m. New Ideas & Technologies for Dynamic Muni Bond Trading The firms and panelists represent some of the most cutting-edge thinking related to muni trading. This panel will convert into laymen's terms underlying rigorous ideas and mathematics required to upgrade processes for optimized muni trading, compliance and trade surveillance, and portfolio construction -that are used for both Retail and Institutional clientele. Topics to be discussed include: (1) moving off static benchmarks-i.e., upgrading to new ones more optimally geared for rising interest rates and evaluative pricing, (2) machine -driven models versus the value of the human analyst overlay, (3) should the Yield -To -Worst methodology be retired?, (4) etc. Moderator: James Wangsness, President, TMC BONDS LLC William Gartland, Senior Director of Evaluated Service and Head of the Continous Pricing Effort, INTERACTIVE DATA Andy Kalotay, President, KALOTAY ASSOCIATES Ted Karn, President, THE KARN GROUP 5:15 p.m. - 6:00 p.m. Innovations In State, City And Authority Borrowing Programs National leaders in the State, City and Authority space will offer their perspectives on market innovations and programmatic structures that they have employed to best serve their respective communities. Amongst the topics covered are the uses of pooled loan programs for various governmental purposes, pension borrowings, working capital programs and transit financings. The durability, scalability and evolution of programs will be examined on a cross sectional basis as will a review of key opportunities and challenges. Moderator: Jeremy Newtson, Director, STIFEL, NICOLAUS & COMPANY, INC. David Erdman, Capital Finance Director, STATE OF WISCONSIN Jonathan Forbes, Deputy Treasurer, STATE OF COLORADO Ron Mangus, Executive Director, INDIANA BOND BANK 6:00 p.m. - 7:00 p.m. Cocktail Reception Sponsored by*:._..,�u . 55 THE BOND BUYER & BDA present THE NATIONAL MUNICIPAL BOND SUMMIT AUMIM (CONTINUED) 7:00 p.m. Speakers' Dinner (By Invitation Only) Sponsored by, SAPS. FRIDAY, APRIL 22 8:30 a.m. I Registration Opens 8:30 a.m. - 9:30 a.m. Continental Breakfast In The Exhibit Area Sponsored by - Interactive Data - 9:30 a.m. -10:15 a.m. Non -Transportation Infrastructure Development In The US This panel will discuss "vertical" infrastructure projects - how they are being financed, where the deals are being brokered and what the rest of the market can learn from them. Moderator: Mitch Rapaport, Partner, NIXON PEABODY LLP Ignacio Barandiaran, Principal, Transaction Advice, ARUP Steve Murphy, Chief Financial Officer, KENTUCKY WIRED Mark Schmidt, Municipal Strategist, MORGAN STANLEY & CO. Ben Watkins, Director, Division of Bond Finance, STATE OF FLORIDA 10:15 a.m. -11:15 a.m. Transportation Infrastructure Development In The US A discussion of municipal bonds, TIFIAs, PABs, bank loans, 63-20 and more will ensue from this panel. Moderator: Raymond DiPrinzio, SVP & Team Leader Infrastructure Project Finance, SUMITOMO MITSUI BANKING CORPORATION Barney Allison, Partner, DIVISION OF BOND FINANCE, NOSSAMAN LLP Sandra Brinkert, Director, BANK OF AMERICA MERRILL LYNCH Geoffrey Buswick, Managing Director, STANDARD & POOR'S RATING SERVICES J. Douglas Koelemay, Director, Office of Transportation Public -Private Partnerships, VIRGINIA DEPARTMENT OF TRANSPORTATION 11:15 a.m. -11:45 a.m. Accelerating Technological Change In The Municipal Market The world is undergoing rapid transformations as technological applications become faster, more broad-based and more sophisticated - at an accelerating pace. There are going to be major implications from these changes for inflation, interest rates, productivity, employment/ unemployment, income disparities, regional labor patterns, taxation, and a host of other issues. These, in turn, will require strategic and policy responses from state and local governments, and overtime, are likely to affect relative creditworthiness across the muni space. George Friedlander, Managing Director and Senior Municipal Strategist, CITIGROUP INC. CPE CREDITS National Registry of CPE Sponsors SourceMedia Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State ® boards of accountancy have final authority on the acceptance P� of individual courses for CPE credit. Complaints regarding SPONSORS registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417 or by visiting the web site: WWW.NASBA.ORG COURSE LEVEL: OVERVIEW ANTICIPATED CPE CREDITS: 13 PREREQUISITES: NONE CONFERENCE LEVEL: ALL ADVANCE PREPARATION: NONE INSTRUCTIONAL DELIVERY METHOD: GROUP -LIVE DEMONSTRATION COURSE OBJECTIVES: UPON COMPLETING THE CONFERENCEYOU WILL HAVE BEEN UPDATED AND GAINED KNOWLEDGE IN: • FEDERAL UPDATES • BEST PRACTICES • ALTERNATIVE FINANCING 56 i THE BOND BUYER & BDA present THE NATIONAL MUNICIPAL BOND SUMMIT CONFERENCE SPONSORS PLATINUM BPFD_)Eo DIVER By Lumesis NIXON PEABODY ms s® AM. euuo •Hula ..uTuu SILVER Hilitop5ecurities 4011 A HIIGop Holdings Company. GOLD DPCDAVQ Municipal Disclosure Data i Solutions a� MarketAxessE Stradling Attorneys at Law v Y M C Bonds I `urry co.KrKA�IFTPI ACI as Interactive NKIN BData- QDSAARB CAN KIN ,O MITSUI RACORPORATICORPORATIONCORPORATIONSTIFEL BRONZE ACCUITY !stment $stem Solutions 0STANDARD & POOR'S 44 RATINGS SERVICES WGRAW HILL FINANCIAL For more information about sponsorship, contact Shanta James at (212) 803-6089. 57 Attendee Type Standard Rate Expires 4/19/16 On -Site Rate BDA Members $795 $895 Issuers $145 $195 Institutional Investors $495 $595 All Other Professionals $1,095 $1,195 To register, contact Vemesa Merdanovic at (212) 803-8393. CONFERENCE SPONSORS PLATINUM BPFD_)Eo DIVER By Lumesis NIXON PEABODY ms s® AM. euuo •Hula ..uTuu SILVER Hilitop5ecurities 4011 A HIIGop Holdings Company. GOLD DPCDAVQ Municipal Disclosure Data i Solutions a� MarketAxessE Stradling Attorneys at Law v Y M C Bonds I `urry co.KrKA�IFTPI ACI as Interactive NKIN BData- QDSAARB CAN KIN ,O MITSUI RACORPORATICORPORATIONCORPORATIONSTIFEL BRONZE ACCUITY !stment $stem Solutions 0STANDARD & POOR'S 44 RATINGS SERVICES WGRAW HILL FINANCIAL For more information about sponsorship, contact Shanta James at (212) 803-6089. 57 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: � Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator FROM: John King, Director Department of Emerge c Ser - es DATE: April 1, 2016 SUBJECT: Sole Source Purchase and Replacement of E911 Call -Taking Recorder Servers It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. i DESCRIPTION AND CONDITIONS: Staff is recommending replacing the five (5) computer servers used for E911 voice recording. The existing servers operate on Windows Server 2003 software, and Microsoft has announced they will no longer provide software fixes and technical support for this outdated product. This leaves our equipment exposed to an elevated risk of cybersecurity (virus) dangers and without a backup recorder in the event of failure. Layered on top of the Windows server operating software is proprietary voice recording software (Higher Ground) that stores time -stamped voice data from E911 calls. Like Microsoft, the Higher Ground representatives have also recommended immediate migration to replacement servers, as the information contained in the voice recordings is sensitive data and frequently subpoenaed for investigations and court evidence. The County's Computer Services Division also agrees with the urgency to upgrade the servers. Indian River County has voice recorders at four (4) sites: Vero Beach, Sebastian, Sheriff's Office, Emergency Operations Center and one (1) master server. Staff considered purchasing remanufactured servers, but the Acting State 911 Coordinator recommended against this based on cost and concerns that used equipment has a limited warranty and will require replacement in a few years. The Board will recall, all E911 upgrades fully or partially funded with 911 Surcharge Fees must receive approval from the state. The scope of work for this project includes purchasing five (5) newly configured computer servers, reloading the county -owned Higher Ground software (which is a cost savings), migrating the stored data, reintegrate the new servers with the County's Call -Taking consoles, and removing the old equipment. Given the specialized professional services necessary to make this upgrade, staff 58 I recommends a Sole Source purchase and equipment replacement from Higher Ground, Inc. If approved, the vendor also agrees to cover any warranty issues through the existing service maintenance agreement. FUNDING: Funding for this unexpected capital replacement was not included in the FY 2015/2016 Approved Budget. However, the County has accrued rollover (reserve) funds from the 911 Surcharge Fees, which according to FAC 60FF 1-5.006 can only be used for capital outlay, capital improvements, and equipment replacement expenditures. As required, staff requested and received authorization from the Florida Division of Management Services for this necessary expenditure from the 911 reserve account. Our current vendor for all five (5) server sites, Higher Ground, Inc., is offering discounted replacement costs, as good as state contract pricing. They propose the following: SERVER SITE AMOUNT Master Server $12,815.00 IRC Sheriffs Office $17,100.00 Emergency Operations Center $12,825.00 Sebastian Police Dept. $12,125.00 Vero Beach Police Dept. $12,425.00 PROFESSIONAL SERVICES Installation and Shipping $6,445.00 TOTAL COSTS Sub -Total $73,735.00 Customer Loyalty Discount ($8,729.00) Total Cost $65,006.00 The new E911 servers will be configured by Higher Ground, Inc. the same as the older units which allows us to use the voice recording software the County already owns. This reduces the project costs as compared to a total removal and replacement of hardware and software from another vendor. Moreover, all of the existing recordings will remain seamlessly available to the respective public safety agencies. RECOMMENDATION: Staff recommends the sole source purchase and replacement of five (5) E911 Call -Taking voice recorders in the amount of $65,006 from Higher Ground, Inc. Staff further requests the Board authorize the necessary budget amendment making the funds available for this project. 59 ATTACHMENTS: 1. Sole Source letter from Higher Ground, Inc. 2. (Proposal agreeing to State contract pricing. APPROVED FOR AGENDA FOR: April 12, 2016 I ;;� Jos h A. Baird County Administrator Indian River County Appr ved Date Administrator , )� Legal Budget K �� Risk Management Department y �� 60 I o- H1gherGround" Indian River County Emergency Services 4225 43rd Ave Vero Beach FL 32967 March 28, 2016 Ms. Cantlon, The HigherGround recording systems in service at Indian River County were built using proprietary HigherGround software As such, it is critical that these systems be maintained by fully trained and certified technicians. At this time, there are no other service agencies in Florida that are authorized or certified by HigherGround Inc to perform any maintenance or installation of additional parts on any HigherGround Recording Systems in the state of Florida other than HigherGround Inc. Please contact me if there are any questions. Sincerely, Mike Halliwell Vice President, Sales HigherGround, Inc. 818 456 1561 mhalliwell@higherground.com 21201 Victory Boulevard Suite 105 Canoga Park, CA 91303 P• 818. 456.1600 F 818.591.0301 www.higherground.com 61 HigherGrounda INDIAN RIVER COUNTY Prepared By- Bill Graham Date. February 23, 2016 HARDWARE REFRESH WITH SERVER UPGRADE Indian River County is recording at 4 sites, Vero Beach, Sebastian, Sheriffs Office and the EOC. There is also a master server located at the EOC. The system was originally purchased in May of 2011. The current 'servers are all Windows 2003 The recording servers are equipped with 4GB RAM and 50OGB RAID1 storage The master server was originally deployed with 4GB RAM and 4TB of RAIDS storage In February of 2013 the master server was updated to 32GB RAM and solid-state drives were added for performance. This proposal is to replace all servers with current generation hardware with Windows 2012- R2. At the same time the software version will be updated to the latest available software The recording servers will be equipped with 32GB RAM and 1TB RAID1 storage. The master server will be built with dual (2) Quad -Core processors, 64GB RAM, 4TB RAIDS storage, and solid-state drives for the database. New recording cards are being included to facilitate an easy swap of the new recorders for the existing recorders Indian River County Responsibilities • Provide remote access into the system for the HigherGround technician. • Coordinate with a local provider to install the servers. • Both the existing server and new servers should be online for data transfer 4/6@016 Template Page 1 of 2 21201 Victory Boulevard, Suite 105 Canoga Park, CA 91303 R 818.456.1600 F 818.456.1515 www.highergroundinc.com ® Copyright 2008 HigherC wrd, Vic, All rifts reserved. H9herC4o nd and fie Hq'ier0r nd logo ars registered marks of Higher&ci t , Inc. Fusion Series 7, Praetorian Voice Recorder, Mentor CA Suite, Telecom BI Suite, Fusion Core, Report Commander Pro and fm Alive and respective logos are trademarks of Higherf�rwd, Inc AO dJw names or narks are of their ProPedY respepive oronars. r1% 9® 0 HigherGround° COSTS Master Server Dual Quad -Core processors $12,815 64GB RAM 480GB Solid -State Drives Four 4 2TB Drives in RAI D5 one as hots are IRC Sheriffs Office Recorder Single Quad -Core processor $17,100 32GB RAM 1TB RAID1 4 ! 16 -Port Tap Cards TOC Recorder Single Quad -Core processor $12,825 32GB RAM 1TB RAID1 1 - 24 -Port Tap Card 1 =16 -Port Tap Card Sebastian PD Recorder Single Quad -Core processor $12,125 32GB RAM 1TB RAID1 1 — 24 -Port Tap Card 1 — 8 -Port Tap Card Vero Beach PD Recorder Single Quad -Core processor $12,425 32GB RAM 1TB RAID1 1 — 24 -Port Tap Card 1 —16 -Port Tap Card Professional Services Remote Installation Support $6,445 Shipping Total: $ 73,735 Customer Loyalty Discount: ($8,729 Total Cost: $ 65,006 The pricing is in line with state contract pricing or as good as state contract pricing. 4/612016 Template Page 2 of 2 21201 Victory Boulevard, Suite 105 Canoga Park, CA 91303 P, 818.456 1600 F 818.456 1515 www.highergroundinc.com ®Copyro t zoos I-ligt-GroLnd, ha All ri" reserved. HghaGro,r,d and ft HV G IO n logo are registered marks of H0aGrand, tr,c Fusion series 7, Praetoria, Voioe Recorder, Ma, mr OA Sate, Teleoorn BI Sate, Ra on Care, Report Commands Pm and I'm Al ve and respective logos are traderr arks of Fi �,aGround, Inc All other names or marks we property of dw respective o v ws. 63 March 14, 2016 From: Donald A. Lamb, Jr. 911 Systems Engineer, Department of management Services, E911 To: Ms. Paula Cantlon Indian River 911 Database Coordinator Subject: Replacement servers for 911 Recording Indian River County Good Day Ms. Cantlon, I have reviewed your request to use some of your Funding Reserve to purchase a repiacement recording system for the Indian River PSAPs. I believe after reviewing your options that it only makes sense to go with Option Three (3). Although Options One and Two are less expensive they in themselves would potentially be just short term fixes and would need replaced in a very short time Your presentation: Option One *Takes a full day minimum not including full backup of current data. *Replace 2 —1TB SATA Drives *Replace 1 —1 TB USB Drive *Up to 4 hours of remote support *Additional cost for outside support from AK Associates. *Current maintenance agreement covers warranty. Option 1 cost Is $13,000.00 Option Two *Higher Ground provides a reconditioned fully configured recorder along with a USB drive to transfer the old data to the new recorder *Cost would be 2/3 of new hardware cost plus cost for professional services *Upon return of old recorders they would refund up to Y2 the cost of the refurbished recorders. *Current maintenance agreement covers warranty. i Option 2 cost is $44894.00. Option Three *Purchase new fully configured recorders that are essentially plug and play. The only required work on installation would be to migrate the stored data to the new recorders and remove the old equipment. Total cost for new equipment for four PSAP's is $67,006.00. My recommendation would be to utilize option three. While the current equipment is only four years old, I can't see putting a minimum of $3,000.00 per location or $15,000.00 into the outdated equipment. Option two provides for refurbished equipment and again, you are buying old 64 equipment with new hard drives. We would have no guarantee how long the equipment had been in use or how much longer it would last. We could very well end up with new hard drives and a server that now needs replaced. One last note is the importance of the 911 recording function. If a recorder goes down in the PSAP, they would have no recorded media of the 911 calls coming in. The only option would be to move them to the backup site until the recorder could be fixed. We do not have a backup recorder system on standby to use in the event of failure. It is possible that once the new servers are in place that we could clean up a couple of the old servers and configure them to be used as backups in the event of a failure. I am therefore requesting permission to replace our current server hardware with new servers in the amount of $67,006.00 for a total of five (5) servers. We already own the software so the cost is greatly reduced when compared to the original purchase price. These servers would be configured by the original vendor the same as the old ones and there will be no need to replace software as we already own it. . Based on your email presentation it is my recommendation that you purchase Option Three with your reserve funding. Donald A. La Jr. 911 Systems Engineer DMS, DivTel, Public Safety Bureau, E911 65 i i Consent Agenda item,-" INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: March 29, 2016 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AO) Subject: West Wabasso Phase II Sewer and the East Gifford Drainage Project: Request for Release of Funds DESCRIPTIONS AND CONDITIONS: On December 1, 2015, the Indian River County Board of County Commissioners (BCC) approved the Federally - Funded Sub -Grant Agreement — FFY 2014 Funding Cycle for Contract Number 16DB-OK-10-40-01-N 05 for the West Wabasso Phase II Sewer and the East Gifford Drainage Project. The Sub -Grant was executed by the Departmerit of Economic Opportunity (DEO) on January 7, 2016. The Concurrent Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds was published in the TC Palm on March 25, 2016. ANALYSIS: The public comment period on the Concurrent Notice ended April 11, 2016 and no comments were received. Therefore, the County's grant administrator, Guardian Community Resource Management, Inc., (Guardian) is now ready to submit the Request for Release of Funds.and Certification. FUNDING: No funds will be encumbered for the subject task. RECOMMENDATION: Staff requests the Board to authorize the Chairman to execute the Request for Release of Funds and Certification form HUD -7015.15, Page 2 of 2. ATTACHMENT(s): 1. Request for Release of Funds and Certification (2 Pages) APPROVED FOR AGENDA: By: F 2� &OL�4=4 Jose A. Baird, County Administrator r: /�' . , 110/4 Date Indian River Co. AppTved, Date Administration Legal Budget M Utilities Lt - I. If, Utilities -Finance 3-;141 F•\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - West Wabasso Community Sewer System Phase 2 - UCP# 66 4117\Admin\BCC Items\Release of Funds 3-29-16.docx Request for Release of Funds U.S. Department of Housing OMB No 2506-0087 and Urban Development (exp. 07/31/2017) and Certification Office of Community Planning and Development This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental review responsibility by units of general local government and States. Public reporting burden for this collection of information is estimated to average 36 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 Part 1. Program Description and Request for Release of Funds (to be completed by Responsible Entity) 1 Program HUD/State Florida Small Cities Community Development Block Grant 16DB-OK-10-40-01-N05 3. Recipient Identification Number (optional) 4. OMB Catalog Number(s) 5 Name and address of responsible entity CFDA NO 14.218 Indian River County 6. For information about this request, contact (name & phone number) 1801 27th Street Arjuna Weragoda ; Tel - 772-226-1821 Vero Beach, Florida 32960 8. HUD or State ano orrice unit to receive request - Florida Department of Economic Opportunity 7. Name N/A of recipient (if different than responsible The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the following V Program Acbvtty(ies)/Project Name(s) 10. Location (Street address, city, county, State) Service Area 1 - boundary streets are in the area south of 510 between 64th Ave and West Wabasso Phase 2 New Sewer Mains and 62nd Ave. Service Area 2 - general location is in the East Gifford area between 28th Ave. New Sewer Hookups/ Gifford Flood and Drainage to the West, Old Dixie Hwy to the east, 43rd st. 42nd St., encompassing 42nd PI, 27th Ave., 26th Ave., 25th Ave., 24th Ct. and 24th Ave. 11 Program Activity/Project Description The project includes Phase II of the West Wabasso new sewer mains, 16 manholes and laterals and up to a possible 45 sewer hook ups A complimentary benefit will be the reconstruction of streets and paving to modern standards. The Gifford Flood and Drainage improvement project includes improving swales and new culverts in the East Gifford area. These re -graded swales and new culvert pipes will convey stormwater flows to the existing wet detention pond located south of 42nd Street. Activity CDBG New Sewer Mains $720,000 New Flood and Drainage $30,000 Total CDBG Budget $750,000 Previous editions are obsolete form HUD -7015.15 (1/99) 67 I Part 2. Environmental Certification (to be completed by responsible entity) With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that: I. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s) named above. 2 The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Act of 1969, as amended, and the environmental procedures, pen -nit requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws. 3. The responsible entity has assumed responsibility for and complied with and will continue to comply with Section 106 of the National Historic Preservation Act, and its implementing regulations 36 CFR 800, including consultation with the State Historic Preservation Officer, Indian tribes and Native Hawaiian organizations, and the public 4. After considering;the type and degree of environmental effects identified by the environmental review completed for the proposed project described +in Part I of this request, I have found that the proposal did ❑ did not Z require the preparation and dissemination of an environmental impact statement 5. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure. 6. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and requirements of 24 CFR Part 58. 7. In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project. As the duly designated certifying official of the responsible entity, I also certify that. 8. 1 am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 and each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity. , 9. 1 am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity Signature of Certifying Officer of the Responsible Entity I Title of Certifying Officer Chairman, BOCC Indian River County Date signed X Address of Certifying Officer 1801 27th Street, Vero Beach Florida 32960 Part 3. To be completed when the Recipient is not the Responsible Entity The recipient requests the release of funds for the programs and activities identified in Part 1 and agrees to abide by the special conditions, procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of the project or any change in environmental conditions in accordance with 24 CFR 58.71(b). Signature of Authorized Officer of the Recipient I Title of Authorized Officer Date signed X Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U S C 1001, 1010, 1012; 31 U.S C 3729, 3802) Previous editions are obsolete form HUD -7015.15 (1/99) 68 INDIAN RIVER COUNTY, FLORIDA CONSENT DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM`. T0: iHonorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator FROM: John King, Director Department of Emergency Servic �I FROM: i Etta LoPresti, Emergency- Management Coordinator Emergency Management Division DATE: April 4, 2016 SUBJECT: Approval of Resolution Adopting the 2016 Indian River County Emergency Plan for Hazardous Materials. 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: On July 7, 2015 the county commission approved the 2015/2016 State Funded Subgrant Agreement to update Indian River County's Hazards Analysis. The agreement provided adequate funding for the Emergency Management Division to review and modify our Indian River County Emergency Plan for Hazardous Materials. The updated plan was submitted to the Florida Department of Community Affairs/Division of Emergency Management for review. The submitted plan, consisting of over 800 pages, is measured against compliance criteria established by provisions of:Section 303 (g) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and administrative rulings by the State Emergency Response Commission. Per our agreement, the plan is reviewed annually. Currently, Indian River County has 28 agencies which meet the threshold of SARA reporting and review by the Emergency Management Division. On March 18, 2016, the Emergency Management Division was notified by the Florida Division of Emergency Management that our modifications meet the criteria outlined in our Scope of Work and is therefore approved. The Board of County Commissioners' adoption of this plan finalizes the grant agreement between Indian River County and the Department of Community Affairs/Division of Emergency Management. FUNDING: This is a 100% funded agreement to update the county's hazards analysis and review/update the Indian River County Emergency Plan for Hazardous Materials. No match is required by Indian River County. 69 i RECOMMENDATION: Staff recommends approval of the attached Resolution and the 2016 Indian River County Emergency Plan for Hazardous Materials. ATTACHMENTS: 1. ' Resolution approving 2016 Indian River County Emergency Plan for Hazardous Materials. 2. Approval letter from Florida Division of Emergency Management dated March 18, 2016. **Due to its size, the 2016 Plan is on file at the Department of Emergency Services and the Board of County Commissioners Office.** APPROVED FOR AGENDA FOR: April 12, 2016 BY: County Administrator Indian River County Approved Date Administrator Legal Budget iiI S N I Risk Management Department U I 70 RESOLUTION NO. 2016 - Resolution of the Board of County Commissioners of Indian River County, Florida, Approving the Indian River County Hazardous Materials Emergency Plan WHEREAS, Chapter 252, Florida Statutes, assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response and recovery; and WHEREAS, with the enactment of the Emergency Planning and Community Right -To -Know Act of 1986, Congress imposed upon Local Emergency Planning Committees and local governments additional planning and preparedness requirements for response to emergencies involving the release of hazardous materials; and WHEREAS, each county within a Local Emergency Planning District is required to develop an Emergency Response Plan for Hazardous Materials to become a component part of the local Emergency Planning District Plan; and WHEREAS, Indian River County's Hazardous Materials Emergency Plan has been reviewed and approved by the Florida State Emergency Response Commission for Hazardous Materials as meeting the criteria for such plans established by the Administrator, United States Environmental Protection Agency and the National Response Team; and WHEREAS, this plan is intended to provide the framework for the development of detailed operating procedures by first response public safety agencies charged with the responsibility of protecting the public's health and safety from the discharge or release of extremely toxic chemicals. 71 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Indian River County's Hazardous Materials Plan is hereby adopted 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, Vice Chairman Commissioner i _ Commissioner Commissioner Bob Solari Joseph E. Flescher Wesley S. Davis Peter D. O'Bryan Tim Zorc The Chair thereupon declared the Resolution duly passed and adopted this day of , 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Attest: Jeffrey R: Smith, Clerk of Court and Comptroller i Bob Solari, Chairman APPROVED AS TO FORM A LE FF I BY WiU,M M OEWAL DEPUTY COUNTYATfOR944Y 72 i STATE OF FLORIDA DIVISION OF EMERGENCY RICK SCOTT Govemor March 18, 2016 Ms. Etta LoPresti Indian River County 4224 43rd Avenue Vero Beach, FL 32967 Dear Ms. LoPresti: MANAGEMENT BRYAN W. KOON Director The Florida Division of Emergency Management (DEM) has completed its review of the Indian River County 2015/2016 Hazards Analyses updates. The evaluation indicates the analyses meet the criteria outlined in contract 16 -CP -11-10-40-01-174. Please note that in order to fulfill all requirements of the contract, proof of distribution to the Local Emergency Planning Committee and proof of notification of the availability of the Hazards Analyses information to Section 302 facilities/response agencies is required to be submitted to DEM. Also an original invoice will need to be submitted with a final cameo CD. If you have any questions or require additional assistance, please contaci me at (850) 413-9895. Sincerely, 91abell Parker Management Analyst Bureau of Preparedness Technological Hazards Unit DIVISION HEADQUARTERS Tel. 650-413-9969 •Fax. 650-488-1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FlorldaDlsester.oro 2702 Directors Row Tallahassee. FL 32399-2100 Orlando, FL 32809-5631 73 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, Administrator THROUGH: John King, Director W Department of Emerge merg y S ices FROM: Brian S. Burkeen, Assistant Chief Department of Emergency Services CONSENT 1�l DATE: j April 1, 2016 I SUBJECT: Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety 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: On March 18, 2014, the Indian River County Board of County Commissioners approved a renewal of Class "A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety to provide BLS/ALS Emergency Medical Services originating within Indian River Shores. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years and will expire April 15, 2016. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason thold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class "A" certificate has been submitted by Indian River Shores Department of Public Safety. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There is no funding required for this item. 74 RECOMMENDATION: i Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class `.`A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public) Safety, to be effective for a period of two (2) years from April 15, 2016, to April 15, 2018. ATTACHMENTS: Renewal Application From Indian River Shores Department of Public Safety i APPROVED FOR AGENDA FOR Anril 12.2016 BY - - W A41 Jose h A. Baird County Administrator Indian River Co. ved Date Legal _ Budget ASS yl� Dept. y.y.i(o Risk Mgr. General Svcs. 75 PtMENr INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES of ®o �FN�SEP APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: SCS., I DATE: ---) 131 1 ` (U 1 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ yhis is a new application; fee is attached. This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. ;CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A V BLS _ZALS Governmental entities that use advanced life support vehicles to conduct a pre - i hospital EMS ALS/BLS service. Class B ❑ _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ _BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ❑ Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. ,Class E1 ❑ Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. IS-.01WV I—SO918b S3 30 1N3M1121VW3 d3Q 03AI3338 U-\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 1 76 I II: COMPANY DETAILS 1 j1. NAME OF AGENCY: ` C`�e "t MAILING ADDRESS: CITYSCC{I 0X' , ej SY1 C�COUNTY Tndaa(- \Upf ZIP CODE: BUSINESS PHONE: %�J o131Sj I 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): rw1Uvow 1 3. MANAGER'S NAME-.R\MC1f C'\ NC-W�\ I \� WCk(T ADDRESA: LDJ M. .G 10-Mao::&P� 3)Ye,�, Q qb3 PHONE #: D-7� 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME 04 ADDRESS POSITION 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAM E ADDRESS PHONE # U,\Beth\Beth Casano EOMCOPCMRENEWAL PACKETS\COPCN Application.doc 2 77 FUNDING SOURCE: ^TO.Y ?:0- 'NO -6 Nil 0111 C k �Q RATE SCHEDULE ATTACHED? YES IK NO ❑ N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB=STATIONS: Ill. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: 1 RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) 1 LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION 1 (1Ci\0.x'1 \\X x( 11 cc�- U,\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 3 78 V: NOTARIZED STATEMENTS Fill in Statements as applicable. E or E1 APPLICANTS 1, , the representative of Applicant Name , do hereby attest that the i Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Service's. A -D APPLICANTS I, PyNc )cls, 6 '�ose\� , the representative of Applicant Name -To<A\o,n?,we< SY-�04P5 �.�b\�c �e I , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements o is applicatio re ue apyl-'ngrrect. APPLICANT SIGNATURE DATE I p i Before me personally appeared the saidT�\C�'�:C(\[,� P,�, who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn a cribed in my presence this �51 day of aCCO 201(,'). My commission expires: % ftlo�-7 NOTARY PUBLIC CHARLENE HALL := Commission # FF 007183 U*\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc =�' Expires July 26, 2017 5 %r'� pi n,• B.,ded Tlw Troy Fen Ineururu 800 3857019 n Medic Expires 12/1/2016 N/A NA 12/1/2016 12/1/2016 12/1/2016 12/1/2016 12/1/2016 12/1/2016 12/1/2016 12/1/2016 NA 12/1/2016 12/1/2016 12/1/2016 NA 12/1/2016 12/1/2016 NA 12/1/2016 12/1/2016 80 i Indian River Shores Public Safety Personnel Roster March 31, 2016 ID# Last Name First Name Rank EMT # EMT Expires Medic # 962 Beaumont Christopher PSO NA NA PMD 526461 947 i Sarcinello Rick PSO EMT 68986 12/1/2016 N/A 983 Parker Travis PSO EMT 543488 12/1/2016 NA 959 Benham Kip SGT N/A N/A PMD 15975 948 Crosby William SGT N/A N/A PMD 15096 953 Dempsey Timothy SGT N/A N/A PMD 4810 944 Dudley Anthony LT N/A N/A PMD 8080 957 Hawkes Geoffrey PSO EMT 503633 12/1/2016 PMD 509910 946 Hoyt Shawn SGT EMT 56429 12/1/2016 PMD 10467 945 Mooney Tedd PSO N/A N/A PMD 14311 952 Shaw Mark LT N/A N/A PMD 11220 981 Crouch Dustin PSO EMT 536439 12/1/2016 NA 989 Benoit Michael PSO NA NA PMD 526481 998 Black James PSO NA NA PMD 513405 985 Grass Barbara PSO NA NA PMD 17986 929 Hinson Eric PSO EMT 536225 12/1/2016 NA 992 lovino Albert PSO NA NA PMD 527098 993 Maikranz Jacob PSO EMT 526558 12/1/2016 PMD 520924 995 Seegott Travis PSO EMT 531168 12/1/2016 NA 994 Smith Kyle PSO NA NA PMD 516337 703 Villars Rick FireMedic NA NA PMD 3050 Medic Expires 12/1/2016 N/A NA 12/1/2016 12/1/2016 12/1/2016 12/1/2016 12/1/2016 12/1/2016 12/1/2016 12/1/2016 NA 12/1/2016 12/1/2016 12/1/2016 NA 12/1/2016 12/1/2016 NA 12/1/2016 12/1/2016 80 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES VECHICLE ROSTER NAME OF SERVICE:(1CIlCtfl _ \VQ� S C2S _Yj1!C SGl�2-1�� DATE: SUBMITTED BY: -W r\p—W c,\\ 2m-c<),c6 nonce MAKE MODEL MANUFACTURE MILEAGE VEHICLE IDENTIFICATION NUMBER IN ALS/BLS SERVICE ASSIGNED NUMBER =n}ecnaa�a-�ol Su�ecGn %faun 3�a5�o J-lTMtJAAM9\.1447n« ALS 10 ALS f� 1 Os AMBULANCE FEE SCHEDULE NON -EMERGENCY a o\ �o YEAR SERVICE TYPE** BASE RATE OXYGEN MILEAGE WAITING TREAT & CANCEL COMMENTS/SPECIAL CHARGES ALS1 EMERGENCY $420.00 $12.00/MI BLS EMERGENCY $350.00 "TYPE CODE: ALS = ADVANCED LIFE SUPPORT NP = NOT FOR PROFIT SERVICE BLS = BASIC LIFE SUPPORT U-\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\APPLICATIONS\COPCN Application.doc 00 N 1 FLORIDA MUNICIPAL INSURANCE TRUST AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE DECLARATIONS i t DESIGNATED MEMBER: Town of Indian River Shores It. GOVERNMENT DESCRIPTION Municipality III- COVERAGE PERIOD Agreement No.: FMIT #0274 From 10/01/2015 to 10/01/2016 12:01 A.M. Standard Time at the address of the Designated Member IV- AUTOMOBILE 1 Automobile Liability Number of Vehicles 2. Uninsured Motorists Protection 3 Personal Injury Protection 1 4. Automobile Medical Payments 5 Automobile Physical Damage Premium Deductible/ Net Basis Tvoe Limit prami,'m Per Schedule SO S7,000.000 S11.903 22 N/A N/A $10.000 Included N/A NIA Per Schedule Per Schedule N/A 53.145 V• This Agreement includes these endorsements and schedules: See Schedule B VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Premium $15.048 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS. TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT AUTO DEC 1015 Page 1 of 2 83 Automobile Schedule Town of Indian River Shores, FMIT #0274 10/01/2015 - 10/01/2016 Voh # EM Onto Exp Onto city # Year Make DoseriptIon ID # Cost New Code Liab PIP Med Pay LIM Comp Dad SP Dad Call Dad Phy Dmg Total Prom 22 1011/2015 mums 2015 FORD EXPLORER - POLICE 1136 $23,000 7911 $277 S13 $o SO $1000 Na S1000 S111 $401 Total Mammal Premiums 511,679 $224 SO SO $3,145 $15,048 Normal Premium 515,048 1 Net Premium $15.048 i Page 2 of 2 85 I Fi.ORIDA A llrOMOBILE INSURANCE IDENTIFICATION CARD Florida Municipal InmunneeTrust NnmberO274 EtfecdveDate:10/01R013 Designated Atember: Town of Indian River Shares Personal Injury Proteetion Benefly Bodily Injury Llabltlt7 Property Damage IJaldllry All Sehedukd Vehicks Not vatld more than one year from effectkv date EilU INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, Status County Administrator DV -1 - FWNE-I5-OFF-001658 Northeast of Capt. Hirams THROUGH: Christopher R. Mora, P.E. i Public Works Director • FROM: James D. Gray, Jr. D6 DV -3 — FWNE-I5-OFF-002354 Coastal Engineer SUBJECT: FIND Project Agreement No. ICW-IR-16-01 i Small Scale Derelict Vessel Removal Program DATE: April 5, 2016 BACKGROUND With the assistance of the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement (FWC), the County identified four (4) derelict vessels within the Intracoastal Waterway. In accordance with the provisions of Sections 705.103 and 823.11(1)(a), Florida Statutes, the County received removal authorization from the FWC for each derelict vessel. In ;addition to the FWC removal authorization, staff received the required Florida Department of Environmental Protection Permit (No. 31-0337600-001) and the US Army Corps of Engineers Permit (No SAJ-2015-03075 (NW -TSD)) permitting removal of each derelict vessel from the waterways. The derelict vessel descriptions are as follows: Vessel ID Location Status Removal Cost DV -1 - FWNE-I5-OFF-001658 Northeast of Capt. Hirams REMOVED * $3,700 DV -2 - FWNE-I4-OFF-007009 Southwest side of spoil island IR1 REMOVED * $3,200 DV -3 — FWNE-I5-OFF-002354 East end of 45 Street Dock REMOVED $2,500 DV -4 — FWNE-I4-OFF-013632 West shoreline 1 -mile south of 45 Street Dock REMOVED $2,000 * includes costs for additional County required insurances F•\Public Works\JamesG\Derelict Vessel Removal\2015 DVs\Lagoon Vessels 2015\Agenda Item\FIND Grant ICW-IR-16-01\FIND Small Scale Derelict Vessel Removal Program Project -- Grant No. ICW - IR -16-01 — Agenda Item 4-12-16.docx 87 i I i Page 2 Agenda Item For 4-12-16 BCC Meeting FIND Project Agreement No. ICW- IR -16-01 On October 20, 2015, the Board of County Commissioners approved Florida Inland Navigation District (FIND) Project Agreement No ICW-IR-15-01, which committed reimbursement of 75% ($5,175) for the total removal costs for DV -1 and DV -2. Total removal costs were $6,900. DV -1 and DV -2 were successfully removed from the waterway on January 9, 2016. On March 8, 2016, FIND provided $5,175 in reimbursement to the County. DESCRIPTION AND CONDITIONS The subject of this agenda item is to request the Board's approval of FIND Project Agreement No. ICW-IR-16-01. The attached agreement commits up to $4,500 at a cost share ratio of 75% FIND — 25% Local. The total local share under this agreement is $1,125 with a maximum FIND reimbursement of $3,375 for the removal cost for two derelict vessels (DV -3 and DV -4). On January 29, 2016, DV -3 and DV -4 were successfully removed from the waterway. Note: at the time FIND Project Agreement No. ICW-IR-15-01 was issued, the County had not yet received FWC removal authorization for derelict vessels DV -3 and DV -4. As such, removal of the four derelict vessels were authorized under two separate County Purchase Orders and consequently staff requested FIND cost share under two separate grant applications. On March 7, 2016, staff was contacted by Mr. Bob Stone, Esq. Mr. Stone identified that his firm was representing Mr. Joseph Hatmaker who is the owner of derelict vessel DV -3. Under Court order Mr. Hatmaker is required to fully reimburse the County the $2,500 in total expenses paid for the removal of his vessel. On March 10, 2016, Mr. Hatmaker issued the County a Promissory Note identifying that he will reimburse the County the full $2,500 at the following rate; $500 lump sum payment on March 11, 2016 with subsequent $200 per month payments with the full balance being paid in full on or before January 31, 2017. Although staff is requesting Board approval of FIND Project Agreement No. ICW-IR-16-01, which includes FIND reimbursement of 75% of the total $2,500 removal costs for DV -3 ($1,875), staff does not intend to invoice FIND for the reimbursement of $1,875 provided Mr. Hatmaker fully reimburses the County. I F•\Public Works\JamesG\Derelict Vessel Removal\2015 DVs\Lagoon Vessels 2015\Agenda Item\FIND Grant ICW-IR-16-01\FIND Small Scale Derelict Vessel Removal Program Project -- Grant No. ICW - 1R-16-01 -- Agenda Item 4-12-16.docx 88 I i Page 3 Agenda Item For 4-12-16 BCC Meeting FIND Project Agreement No. ICW-IR-16-01 FUNDING Matching County funds are available and will be provided by the Florida Boating Improvement Fund Account No. 13321072-033490. RECOMMENDATION Staff recommends the Board approve FIND Project Agreement No. ICW-IR-16-01 and authorize the Chairman to sign two (2) copies of the Agreement on behalf of the County. i Following Board approval, the County will transmit both partially executed Agreements to FIND for final signatures. Upon receipt of the fully executed original FIND Project Agreement No. IR -16-01 from FIND, staff will transmit to the Clerk to the Board of County Commission for filing. ATTACH M E NTS 1. FIND Project Agreement No. ICW-IR-16-01 (2 original copies) 2. Indian River County Grant Form No. FIND ICW-IR-16-01 3. ,March 15, 2016 letter from Mr. Bob Stone, esq. APPROVED AGENDA ITEM FOR April 12, 220%16 i Indian River County Approved Date Administration Budget q/44 Legal /Y - Public Works Coastal Engr. Division F -\Public Works\JamesG\Derelict Vessel Removal\2015 DVs\ agoon Vessels 2015Wgenda Item\FIND Grant ICW-IR-16-01\FIND Small Scale Derelict Vessel Removal Program Project --Grant No. ICW - IR -16-01 -- Agenda Item 4-12-16.docx 89 GRANT NAME: 2016 Small Scale Derelict Vessel Removal Program i AMOUNT OF!GRANT: $4,500 i DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering t CONTACT PERSON: James D. Gray, Jr. 1. How long is the grant for? Unspecified 2. Does the grant require you to fund this function after the grant is over? 3. Does the giant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage+of match to grant 25.00% i 5. Grant match amount required $1,125 GRANT No. FIND ICW-IR-16-01 TELEPHONE: ext. 1344 Starting Date: Upon grant execution YES NO X 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the giant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) X M No No Acct. Description Position Position Position Position 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 th i estimated cost of the grant to the county over five years? $ $=� Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ 1 $ Signature of PreparersM k Date: 41511h 90 ROBERT E. STONE ROBERT (ROBBY) E. STONE, JR. OF COUNSEL. CURTIS MOSLEY CERTIFIED IN REAL ESTATE STONE & STONE ATTORNEYS AT LAW RESULTS, EXPERIENCE, SUCCESS March 15, 2016 Bill DeBraal, Esquire Indian River County Attorney's Office 1801 27h Street Vero Beach, FL 32960 Re: Account No: 133038-369940 Dear Mr. DeBraal: RECEIVED MAR 18 2016 COUNTY AI i-ORNEY'S OFFICE Enclosed please find a Promissory Note executed by Joseph Hatmaker along with the initial lump sum payment of $500.00. Please do not hesitate to contact my office if there are any questions. Very Truly Yoors, Robert E. Stone, Esquire RES/bd 2756 20TH STREET VERO BEACH, FL 32960 772-567-2261 FAX: 772-567-2440 RES81536@GMAT L.COM ROBE RTSTONELAW COM 201 SOUTH SECOND STREET, SUITE 102 FORT PIERCE, FL 34950 772-464-4566 RSTONE4181@GMAIL.COM91 PROMISSORY NOTE State of Florida Principal Amount: $2,500.00 Date: March % , 2016 For v I ue received, Joseph Hatmaker, hereby promises to pay Indian River County, or such other place as the holder may designate in writing, the sum of two thousand, five hundred ($2,500.00) dollars, at the following rate and in the o ' g manner: $500.00 lump sum on March M 2 $200.00 per month with the full balance eing paid in full on or before Jan l , 2017. Payments shall become due and payable on the first day of eealrh and every month, commencing one month from the date of this Promissory Note. This Note maybe prepaid, at anytime, in whole or in part, without penalty. In the ievent this Note shall be in default, and placed for collection, Joseph Hatmaker shall pay all reasonble costs of collection and attorney's fees. A/ / S" o ;to/�, DA1 92 SMALL-SCALE DERELICT VESSEL REMOVAL PROJECT AGREEMENT PROJECT NO. ICW-IR-16-01 This Agreement is entered into this day of , 20_ by and between the FLORIDA INLAND NAVIGATION DISTRICT ("FIND") and INDIAN RIVER COUNTY (the "Project Sponsor"). Nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28 Florida Statutes. WHEREAS, Project Sponsor has re nested that FIND provide a portion of the funding needed for a Small -Scale Derelict Vessel Removal Project in Indian River County, as detailed in Exhibit A; and WHEREAS, FIND is willing to provide such assistance for the removal of eligible derelict vessel(s) along the Intracoastal Waterway in Indian River County, subject to the terms and provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: 1. Subject to the provisions of this Agreement, Project Sponsor shall coordinate the work for the Project. Project Sponsor agrees, with respect to the Project, that as between the parties to this Agreement, it shall be solely responsible for any claims for damages resulting therefrom. Project Sponsor.agrees to indemnify FIND, its Commissioners, employees, and agents, from any and all liabilities, claims, costs, damages, and expenses (including court costs and attorneys' fees) arising from or related to Project Sponsor's actions regarding the Project. 2. FIND shall provide an amount not to exceed $3,375.00 for the components of the project set forth in Exhibit A, with FIND paying the Project Sponsor up to seventy-five percent (75%) of the amount actually expended for each component, up to the amount listed on Exhibit A for said; component, which shall also be in compliance with the District's policy on Small -Scale Derelict Vessel Removal projects Exhibit C. 3. The funds to be provided by FIND to the Project Sponsor hereunder will be paid within thirty (30) days of receipt by FIND of a request for payment accompanied by supporting documentation showing expenditures equal or greater to the amount being sought from FIND. 93 4The Project Sponsor, upon completion of the PROJECT, shall submit to the DISTRICT a request; for final reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Auldit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit B), and (4) submission of a photograph(s) of the completed PROJECT(s). 5. Project Sponsor shall, upon request by FIND, provide a report of final expenses incurred;on the Project. The Project Sponsor shall also retain all records supporting costs of the Project for three (3) years after the end of the fiscal year in which the Project is completed, except that such records shall be retained by Project Sponsor until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 6. If Project Sponsor shall fail to fulfill in a timely and proper manner the obligations under this Agreement, or if Project Sponsor shall violate any of the covenants, terms, or stipulations of this Agreement, FIND shall thereupon have the rights to terminate this Agreement. Notwithstanding the above, Project Sponsor shall not be relieved of liability for damages or expenses as contemplated herein sustained by FIND by virtue of any breach of the Agreement by Project Sponsor. 7. Any notice or other written communications between Project Sponsor and FIND shall be considered delivered when posted by certified mail or delivered in person to the respective party at the address indicated below: To FIND: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477 Attention: Executive Director To the Project Sponsor: Indian River County 1801 27th St, Bldg A Vero Beach, FL 32960 Attention: Coastal Engineer 94 8 This instrument embodies the entire agreement of the parties. There are no provisions, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communication, representation or agreements, either verbal or written between the parties hereto. This Agreement shall not be modified unless in writing and signed by both parties hereto. 91. This Agreement shall be interpreted and construed pursuant to the laws of the State of Florida. In the event of any litigation arising hereunder, the venue of any such litigation shall be had only in the courts of Palm Beach County, Florida. 10. The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Neither party may assign this Agreement nor any interest hereunder without the express prior written consent of the other party. 11. Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first above written. WITNESSES: WITNESSES: By: DATE: By: Title: DATE: FLORIDA INLAND NAVIGATION DISTRICT Executive Director PROJECT SPONSOR APPROVED AS TO FORM An;r-:U IE . DEt Aa D�7U7-f Cc7UNreATMUCY i A" - FLORIDA INLAND NAVIGATION DISTRICT SMALL-SCALE DERELICT VESSEL REMOVAL PROGRAM APPLICATION PROJECT COST ESTIMATE (See Rule Sections 66B-2.005.2.008 & 2.015 for eligibility and fundine ratios) APPLICANT: INDIN W t c COV k" PROJECT: 2016 DERELICT VMfI "CUR( - TPC VESSEL LOCATION AND IDENTIFICATION: SEE PYTTI O MHP AND FW( CASE REPL%S Project Elements (Please list the project cost elements and provide a general cost break out for each one.) 1. Dv FNNEIS { ?0 FT CANN (rV,SfR (DV --3) Quantity Estimated Cost (Number or cost per vessel g ZISoo Applicant's Cost 6? -3I18 FIND Cost S PV FwtuE I4-G=F-013632- ZS Fr 5EA C.Aq (DV -4) S 2000 SOO ��S00 * * TOTALS Form No. 01-06 (New 04-24-06) s 45CO Agenda - 10 - 96 EXHIBIT B FLORIDA INLAND NAVIGATION DISTRICT SMALL-SCALE DERELICT VESSEL REMVOAL PROGRAM Project Completion Certification Sponsor: 1�.d:.0.� 2:wr Co..,,A Project,Title: aoI6 UtsuN Q.,,11RC Project#: lct.w- 19, 16-ol I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and ! , dated 20 , and that all funds were expended in accordance with Exhibit "A" and Paragraph 1 of the Project Agreement. * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: 12-17-90, Revised 7-30-02) 97 EXHIBIT C Small -Scale Derelict Vessel Removal Projects Rule (Rule 6613-2.015) Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06 (Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year. (2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the'6 months preceding the application, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not-for-profit organization. (4) District funding shall be limited to $30,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.C. (5) The eligible applicant must provide the remaining matching funds for project completion. In no case shall the District's cost -share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 6613- 2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application. (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. (10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11) The District Board shall make all final decisions concerning the provision of funding for this program. G%3 INDIAN RIVER COUNTY MEMORANDUM TO Joseph A. Baird, County Administrator I THRU: Christopher R. Mora, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Lease Extension, Mermaid Car Wash, 1935 431d Avenue 431 Avenue/SR60 Intersection Widening and Improvements Timothy E. Tynes and Joshana Tynes DATE: April 5, 2016 DESCRIPTION AND CONDITIONS The; County purchased the Mermaid Carwash, located at 1935 43rd Avenue and previously owned by Timothy E. and Joshana Tynes, in December 2008. The property consists of a 0.47 acre lot with a 2 bay automatic carwash and 3 self-service wash bays with covered vacuum area. The facility was built in 1984. As part of the consideration for the purchase of the property, the County leased the property back to the Tynes between March 1, 2009 and March 31, 2010 for the amount of one dollar per month. After the County purchased the property in 2008, the 43rd widening project was significantly delayed due to design, right-of-way and funding issues. The current County work program shows construction scheduled for 2018 or later. After the original 1 -year lease (@ $1 per month) expired in 2010, staff negotiated a new lease for $1,750/month and the Tynes have continued to operate the car wash since that time. Every year since 2010, the Tynes have renewed the $1,750.00 per month lease and they would like to renew it once again in 2016, with an effective date of May 1, 2016 and an expiration date of April 30, 2017. As previously stipulated, the monthly rent ($1,750) is due in advance on the 1St day of the month, and either party may terminate the lease with 60 days written notice. ALTERNATIVES AND ANALYSIS 1. Grant the 12 -month extension of lease. 2. Reject the request and issue notice to vacate. FUNDING None RECOMMENDATION Staff; recommends Alternative No. 1 by which the Board of County Commissioners approves and authorizes the Chairman to execute the agreement to extend the lease until April 30, 2017. OQ ATTACHMENTS Two Originals of the Lease Agreements APPROVED AGENDA ITEM FOR: April 12 2016 BY Indian River County Apppwpd Administration �Date / 1171!6 Budget vm -Legal Public Works �/►'v✓ y-6-�G Engineering 6 100 Derelict Vessel Removal Timeline Indian River Board of County Commissioners April 12, 2016 Sj- IcoA-I iM DV Removal Timeline (Vessel Owner Located) • Vessel Reported to FWC - Division of Law Enforcement (about 5- 6 weeks) • FWC Initiates Derelict Vessel (DV) investigation (1-2 weeks) • Last registered owner is contacted and has approx. 10 days to remove vessel (2 weeks) • if vessel remains onsite, an abandoned property case is initiated and the vessel is posted (Florida Statutes 705.103) • Vessel owner is notified by certified mail and has 5 days to remove (1 week) • If not removed, vessel is classified as Derelict — authorized to be removed by FWC or their designee (1 week) • Permits (about 2-3 Months) • Derelict Vessel Removal and Disposal (1-2 days) Total Removal Time = Minimum 5 Months Note: FWC now notifies IRC Coastal staff once Derelict Vessel investigation begins Recent DereH'ct Vess6 Remova� Castaway Cove Vessel — FWC Recorded 10-22-15 --Removed 12-15-15 (2 Months)--- 45st Dock Vessel — FWC Recorded 7-25-15 Removed 1-29-16 (6 Months) 100{-3 'ell 45st Dock Vessel — FWC Recorded 7-25-15 Removed 1-29-16 (6 Months) 100{-3 1 J New Vessel — Adjacent to Captain Hiram's Shoreline • 34 foot Cabin Cruiser • FWC Recorded 4-7-16 • Currently under FWC investigation to locate owner fc0A-4 ORIGINAL LEASE AGREEMENT This lease entered into on this day of , 2016 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called the "Landlord", and Timothy E. and Joshana Tynes, hereinafter called the "Tenant", in consideration of the mutual promises and agreements set forth below, hereby agree as follows: WITNESSETH: 1. PROPERTY AND TERM. The Landlord hereby leases to the Tenant the Mermaid Car Wash and facilities situated thereon, located at 1935 43rd Avenue, Vero Beach, in the County of Indian River, Florida, more particularly described as follows: See Exhibit "A" attached hereto. for a term commencing from the date of May 1, 2016, terminating April 30, 2017, for a rental of $1750 per month payable in advance. 1.1 Extension of Lease. This lease shall not be extended beyond the stated term unless agreed upon in writing, 30 days before expiration of this lease and shall not be extended longer than an additional 90 days or commencement of road project which ever comes first. 1.2 Early Termination of Lease. Either party may terminate this lease with 60 days written notice. 2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the leased premises for a commercial car wash, and for no other purpose. Tenant shall not use the premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises. 3. PROPERTY LEASED "AS IS". Tenant agrees that the property is being leased "as is" and that Landlord makes no warranty or guarantee of the condition of the property or any of the improvements. Tenant has examined the premises and has determined that the premises are suitable for Tenant's purposes. 4. COMPLIANCE OF LAW. Tenant shall comply with all- of the laws, rules, ordinances, and regulations of the County, State and Federal Governments, and agencies regarding the use of the leased premises. Violation of any law, rule, ordinance or regulation may result in immediate termination of this lease. 101 ORIGINAL 5. ' MAINTENANCE AND REPAIRS. The Tenant agrees to make any and all repairs and improvements to the leased premises and agrees to keep said premises in a safe, clean and attractive condition during the term of this Lease. Upon the expiration of the Lease, the Tenant shall surrender the premises quietly and peaceably in substantially the same condition as it was at the outset of this Lease, reasonable wear and tear and damage by the elements excepted. 6. i INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Tenant shall have the right to install on the premises such equipment, fixtures and other items necessary or convenient for its use of the premises. All equipment and property purchased by the Tenant and placed in, on, or about the leased premises, including equipment not affixed to the realty, shall remain the property of the Tenant. Tenant may; remove same on or before the termination of the Lease, provided that if removal results in damage to any part of the leased premises, the Tenant shall return the leased property to a condition suitable for the original intended use of that part of the leased property. In addition, any and all personal property not attached or installed in any building or structure shall remain Tenant's property and may be removed on or prior to termination of this Lease. 7. PUBLIC UTILITIES AND TAXES. The Tenant will pay within time allowed for payment without penalties, all charges for non -ad valorem tax, water and electricity and all other public utilities which may arise from the Tenant's use of the leased property. The Tenant agrees to hold the LANDLORD harmless from any interruption in the use and services of such commodities. 8. HOLD HARMLESS. The Tenant agrees to hold harmless and indemnify Landlord from any liability which may arise from the Tenant's use of the leased property. 9. INSURANCE. The Tenant shall carry the following insurance coverage and shall furnish the Landlord a certificate of said coverage. 9.1 Renters Insurance. Tenant agrees to keep and maintain at all time during the lease term, at Tenant's expense, a renter's insurance policy protecting Landlord against any internal damage to the house, and a general liability policy protecting Landlord against all claims and demands that may arise or be claimed on account of Tenant's use of the premises in an amount of at least $200,000 for individual injuries and $300,000 per occurrence. The policy shall be written by a carrier licensed to do business in Florida 9.2. Special Requirements. Ten days prior to the commencement of tenancy, a certificate of insurance shall be provided to the _Risk.Manager for review and approval. The certificate shall provide for the following: A. Indian River County shall be named as an "Additional Insured" on the general liability policy. 2 102 ORIGINAL B. Indian River County will be given thirty (30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager. 9.3 Lapse in Coverage. If the tenant allows insurance coverage required under this lease to lapse, expire or be canceled it shall be an immediate breach of the lease and grounds for eviction. 9.4 Damage by Fire or Other Causes. That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use, then this Lease shall thereby be determined ended. Landlord shall not be liable to rebuild, replace or repair said premises. 10. MAINTENANCE OF EXTERIOR. Tenant agrees to mow grass and maintain the landscaping and shrubbery. Tenant agrees to maintain the automobile parking areas, driveways and the exterior of the building. 11. RIGHT TO INSPECT. The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition. 12. ASSIGNMENT OR SUBLEASE. Tenant shall not assign, sublease or transfer any 'part of this Lease without prior written consent of the Landlord which may be withheld for any reason. Tenant shall not mortgage the leased premises. I 13. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this Lease, the prevailing party shall be entitled to all attorney's fees, costs and suit money expended to resolve that dispute. 14. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to Tenant at: Timothy E. and Joshana. Tynes 1745 42nd Square #104 Vero Beach, Florida 32960 772-643-2009 Such notices to Landlord shall be addressed as follows: Board of County Commissioners of Indian River County Attention: Bob Solari, Chairman 1801.27th Street Vero Beach, Florida 32960-3388 These addresses may be changed by either party by providing written notification to the other. 3 103 ORIGINAL 15. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 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 radon testing may be obtained from you county public health unit. This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404.056 for the purpose of public information and notification. 16. j VIOLATION OF TERMS OF LEASE. If Tenant violates any of the covenants and conditions of this lease, then the Tenant shall become a Tenant at Sufferance, and in the event ;Tenant is evicted by suit at law, Tenant agrees to pay to Landlord all costs of such suit including a reasonable attorney's fee; that no assent, expressed or implied, to any breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach. IN WITNESS WHEREOF, we, the Landlord and Tenant, hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written. i INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller W) 17' U=)L"UL611 Baird, County Administrator Ap r v s to Fo and e a uff i cy: do -u% Attorney Timothy E. Tynes • ignature) (D e) Witnessed by Pn*p(11:t na��me) . �. - (Date) liv I 4 104 ORIGINAL EXHIBIT "A" Lot 3, LESS AND EXCEPT the East 20 feet thereof, and all of Lot 22, Pinewood Subdivision, according to the Plat thereof, as recorded in Plat Book 2, at Page 89, of the Public Records of Indian River County, Florida. Commonly known as: 1935 43`d Avenue, Vero Beach, FL 32960 P I D#33-39-04-00010-0000-00003.0 5 105 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP; ommunity Development Director I THROUGH: Phil Matson, AICP; MPO Staff Director ✓� FROM: Brian Freeman, AICP; Senior Transportation Planner (3 r DATE: April 1, 2016 SUBJECT: Request for Approval to Enter into a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for a Commuter Assistance Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 12, 2016. DESCRIPTION & CONDITIONS For the past several years, the county has applied for and received transit operating assistance through Florida Department of Transportation (FDOT) grant programs. Those grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's transit service provider. Last year, the county was approved for an FDOT Commuter Assistance Grant that provides funding for a circulator route (GoLine Route 16) in the Vero Beach barrier island business district. The circulator connects employment, business, tourist, and leisure destinations with a remote parking lot at Riverside Park, where the circulator also connects with GoLine Route 1. The circulator began service on July 1, 2015. The grant has a local match requirement equal to 25% of the state funds. Because the match is provided by a local business, the circulator represents the first public-private partnership to support public transportation in Indian River County. The Vero Beach Hotel and Spa, is the source of the local match for the first two years. F\Community Development\Users\MPO\Transit\Grants\Commuter\Beach side Circulator\2016\bcc staff report.docs 1 106 To incentivize private sector participation in the project, the SRA has agreed to place advertising for the participating business on the beachside circulator bus. In subsequent years, it is expected that the local match will continue to be provided by the private sector. FDOT has confirmed that, should no business be willing to pay the local match, the County will be under no obligation to continue operating the service. The cost!to operate the beachside circulator is approximately $160,000 per year. Of this amount, the required local contribution is $40,000. For FY 2015/16, $204,900 is being awarded to the County. This amount is sufficient to fund over 20 months of service. If the proposed beachside circulator is successful, FDOT has indicated that it will remain eligible in future years for funding through the Commuter Assistance program. 'In order, to receive the funds for FY 2015/16, the BCC must enter into a Supplemental Joint Participation Agreement (SJPA) with FDOT, a copy of which is attached to this staff report (Attachment #2). ANALYSIS The attached resolution (Attachment #1) authorizes the Chairman to execute the SJPA for Commuter Assistance Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the SJPA, MPO staff will transmit the SJPA to FDOT. With respect to the Commuter Assistance Grant program, the county receives the grant funds and transfers those funds to the county's Community Transportation Coordinator and transit provider, the Senior Resource Association (SRA). The SRA, in turn, provides the service as directed by the county and as identified in the SJPA. In this case, the funds will be used to operate the beachside circulator. FUNDING The local match for the second year of beachside circulator service ($40,000) is being provided by a local business, the Vero Beach Hotel and Spa. During future years, it is expected that the hotel or another business will provide the local match. FDOT has confirmed that, should no business be willing to pay the local match, the County will be under no obligation to continue operating the service. Therefore, no county funding is required. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Supplemental Public Transportation Joint Participation Agreement, adopt the attached resolution authorizing the Chairman to sign the agreement, and approve the agreement with the Vero Beach Hotel and Spa for contribution of the local match. F\Community Development\USers\MPO\Transit\Grants\Commuter\Beachside Circulator\2016%cc staff report.docx 2 107 i ATTACHMENTS i 1. Authorizing Resolution for the Execution of a Public Transportation Supplemental Joint Participation Agreement 2. FDOT Public Transportation Supplemental Joint Participation Agreement 3. Grant Budget Form APPROVED AGENDA ITEM: FOR: IM dian River Co, Approved Date Admin. /)& Legal q - Budget (> 6 Dept.' Risk Mer F\Community Development\Users\MPO\Transit\Grants\Commuter\Beachside Circulator\2016\bcc staff report.doca 3 108 RESOLUTION NO. 2016 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF (TRANSPORTATION. WHEREAS, Indian River County has applied for and been allocated state mass transit operating assistance under FDOT Procedure number 725-030-003-e, also known as the Commuter Assistance Grant Program; and 'WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Indian River County — Senior Resource Association; and WHEREAS, Indian River County is eligible to receive grant funding under Title XXVI, Chapter 341 of Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Commuter Assistance Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation to obtain $204,900 in FY 2015/16 state Commuter Assistance Grant funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Commuter Assistance Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Joseph E. Flescher FACommunity Development\Users\MPO\Transit\Grants\Commuter\Beachside Circulator\2016\hcc resolution.docx Page 1 of 2 `rT �109 P IPAC i;IAUT I i I RESOLUTION NO. 2016 - Commissioner Wesley S. Davis I Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairperson thereupon declared the resolution duly passed.and adopted this 12th day of April , 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Bob Solari, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, 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 last aforesaid this 12th day of April , 2016. Notary Public APPROVED AS TO LEGAL SUFFICI C/j Y SEAL: 1/j BY Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Stan Boling, A P, Director Community evelopment Department F•\Community Development\Users\MPO\Transit\Grants\Commuter\Beachside Circulator\2016%cc resolution.docx Page 2 of 2 110 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725030-07 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION 61 SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page tof113 Number 01 Financial Project NO.. Fund: DPTO FLAIR Approp.. 088774 437719-1-84-01 Function: 215 FLAIR Obj.. 751000 (dem-segment-phase-sequence) Federal No.. Org. Code 55042010429 i Contract No.. G6115 DUNS No. 80-939-7102 Vendor No. VF596000674007 CFDA Number, CSFA Number 55 007 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River County 1801 27th Street, Vero Beach, FL 32960 hereinafter referred to as Agency WITNESSETH WHEREAS, the Department and the Agency heretofore on the 23 rd day of June . 2015 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as ouUined in Attachment "A" for a total Department Share of $ 293,741.00 NOW, THEREFORE THIS INDENTURE WITNESSETH that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as -follows. 1.00 Project Description: The project description is amended Supplemental funds for operations of the Beachside Circulator, a public -privately funded transit route. This service provides job access and a park and ride connection. ill 725-030-07 PUBLIC TRANSPORTATION 6/11 Page 2 of 3 2.00 Project Cost: Paragraph 3.00 of said Agreement is • increased O decreased by $ 273.200.00 bringing the revised total cost of the project to $ 391,655.00 Paragraph 4 00 of said Agreement is • increased O decreased by $ 204.900.00 bringing the Department's revised total cost of the project to $ 293.741.00 3.00 Amended Exhibits: Exhibit(s) B of said Agreement is amended by Attachment "A". 4.00 Contract Time. Paragraph 18.00 of said Agreement 06/30/2020 . 5.00 E -Verify: Vendors/Contractors. 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 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. 112 Financial Project No. 437719-1-84-01 Contract No. G0115 Agreement Date i Except as hereby modified, amended or changed, all other terms of said Agreement dated 06/23/2015 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written AGENCY Indian River County AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE AlP ROWED AS TO FO R� SU FICI Y QY �iati LW11 K. ERPLAAL oEpuiY COmrr Arro m :Y FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Stacy L. Miller, P.E. DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE 725030-07 PUBLIC TRANSPORTATION 6111 Page 3 of 3 113 Financial Project No. 437719-1-84-01 Contract No G0115 Agreement Date 06/23/2015 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County I 1801 27th Street, Vero Beach, FL 32960 I dated i DESCRIPTION OF SUPPLEMENT (Include justification for cost change) 1 Additional funds for the Beachside Circulator I i ' As Approved As Amended Net Change I. Project Cost $118,455.00 $ 391,655.00 $ 273,200.00 As Approved As Amended Net II. Fund DPTO DPTO Department: $88,81400 $293,741.00 $204,90000 Agency $29,61400 $97,914.00 $68,300.00 Federal: $ $ $ Total Project Cost $118,455.00 $391,655.00 $273,200.00 Comments. i Page 1 of 2 114 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4 10 and 17.20 of this agreement, funds areprogrammed in the Department's Work program in the following fiscal year(s) FYI Amount $ N/A Page 2 of 2 115 GRANT NAME. FDOT Commuter Assistance Grant GRANT #— G0115 I AMOUNT OF GRANT $204,900 i DEPARTMENT RECEIVING GRANT Community Development (pass through to Senior Resource Association) CONTACT PERSON Phillip J. Matson PHONE # (772) 226-1455 I. How long is the grant for? Five Years Starting Date: July 1, 2015 i 2. Does the grant require you to fund this function after the grant is over? Yes X No I 3 Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4 Percentage of grant to match- 25 % 5 Grant match amount required $ 68,300 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? This grant is a Public -Private Partnership with the local match being supplied by a local business (Vero Beach Hotel & Spa) 7 Does the grant cover capital costs or start-up costs? X Yes No If no. how much do you think will be needed in capital costs or start-up costs? (Attach a detailed 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. I Description Position Position Position Position Position 011 12 Regular Salaries O1 113 Other Salaries & Wages (PT) 012 11 Social Security 012.12 Retirement Contributions 012.13. Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and:Benefits Operating Costs Capital Total Costs 10 What is the estimated cost of the grant to the County over five years? $00 71 ,h „�,�.;� ;�:�•_'�_;�-�,-_". Grant Amount Other Matching Costs Match Total First Year $204,900 $ $68,300 $273,200 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer. Date Li— % 1i1 triii: !l�kl� 116 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM lq/E TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AIC13 Community Development Director FROM: John W. McCoy, AICPIWk Chief, Current Development DATE: April 4, 2016 SUBJECT: SR 60 Vero LLC's Request for Final Plat Approval for The Reserve at Vero Beach PD Phase 1 [PD -14-06-04 / 98010178-760811 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 12, 2016. DESCRIPTION AND CONDITIONS: The Reserve at Vero Beach PD is a 19.99 acre mixed use planned development consisting of three commercial lots and 159 multi -family units. The overall 19.99 acre parcel is located between SR 60 on the north and College Lane on the south and just east of the Sixty Oaks subdivision. The property is zoned PDMXD (Planned Development Mixed Use District) and has an M-1 (Medium Density 1 — Residential up to 8 units/acre) land use designation. The applicant has applied for final plat approval for Phase 1 which includes the three commercial parcels and covers 4.60 acres located at the north end of the project adjacent to SR 60. On September 11, 2014, the Planning & Zoning Commission (PZC) granted preliminary PD plan/plat approval for The Reserve at Vero Beach PD. The Reserve at Vero Beach PD is a mixed use PD approved by the Board of County Commissioners at its regular meeting of October 14, 2014 along with a conceptual PD plan. The conceptual PD plan provides for three commercial parcels along SR 60 and a number of multi -family buildings to the south. The purpose of the Phase 1 final plat is to create individual commercial parcels, provide for common access, utility, and stormwater infrastructure that will serve the commercial lots and integrate with infrastructure that will serve the residential area to the south. Currently, Chick-Fil-A is under construction on one of the Phase 1 commercial parcels, and should be ready for occupancy in April 2016. SR 60 Vero LLC is now requesting final plat approval and has submitted the following: 1. A final plat for Phase 1 in conformance with the approved preliminary PD plan/plat; 2. An Engineer's Certified Cost Estimate for the remaining required Phase 1 improvements; FACommunity Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\ReserveatVB Phase I PD(PD- 14-06-04).doc 1 117 3. A Contract for Construction of remaining required Phase 1 improvements, with a letter of credit in the amount of $514,217.13. The Board is now to consider granting final plat approval for The Reserve at Vero Beach PD Phase 1. ANALYSIS: Many,butl not all, of the required subdivision improvements have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bond - out" for the remaining required improvements (utility, paving, drainage, and landscape). Public Works, Utilities, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The proposed security arrangement, which represents 125% of the estimated cost to construct the remaining required Phase 1 improvements, has been reviewed and approved by county staff. It should be noted that all improvements within The Reserve at Vero Beach PD will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and warrantied to Indian River County as required, through the certificate of completion process. In addition, a warranty and maintenance agreement will be required for the paving and stormwater improvements, prior to issuance of a certificate of completion. Legal provisions for utilities, drainage, and access are being handled through a combination of public utility easements and private reciprocal easements. Some of the required improvements (utilities and stormwater) will extend off-site to the south and integrate the commercial and residential development. County staff, including the County Attorney's Office, has reviewed and approved the Phase 1 final plat format and determined that all applicable final plat requirements are satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for The Reserve at Vero Beach PD Phase 1. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Graphic 4. Contract for Construction with Copy of LOC APPROVED AGENDA ITEM: FO n 12.2016 BY: k Indian River Co, ArKoved Date Admin. y q l& Legal Budget - r (� Dept. Risk Mgr. FACommunity Development\CurDevTinal Plats\BCC staff reports\2016FPrpu\ReserveatVBPhase IPD(PD-14-06-04).doc 2 118 INDIAN RIVER COUNTY- PLANNED DEVELOPMENT APPLICATION r; Please indicate the type of application being submitted: Conceptual PD Special Exception: Concurrent Conceptual PD Speclil Exception & Preliminary PD: Preliminary Planned -Development: Final Planned Development:_ Note: For a PD rezoning please use the appropriate rezoning PROJECT NAME: KesovVe. CJVe 'o 2:,;- Plan Number: PD- (`I— �� ! ✓ PROPERTY OWNER (PLEASE PRINT Project M 9 8 O( 0 17 O ' 7 q 9/ 5 2 iL o V e t- u L_ l" C.. NAME j ADDRESS W V"L�u,�0 V �O CITY, STATE, Ztf 56..1 - SSI - ESSg PHONE NUMBER SCaGeo C Cal? aoni14C .!.OVA EMAIL ADDRESS 44'e, �..O' [•. c vk CONTACT PERSON PROJECT ENGINEER: (PLEASE PRINT) Kim"te-v - Yorp amd A M NAME `f MI5 Z�I � ` Sfi . S w; �v Z o v ADDRESS UR,�o C� zaC 'Ll r CITY; STATE, ZIP 777- - 79 q - q ( 00 PHONE NUMBER t - : V lte ✓ Y►1 — I o EM)AL ADDRESS CONTACT PERSON ,- APPLICANT (PLEASE`PRINT) , kme 0.S 0 whZe NAME ADDRESS CITY, STATE, ZIP PHONE NUMBER EMAIL ADDRESS 'CONTACT PERSON A#W4T (PLEASE PRINT) —'�Jryeacr NAME I17/' ejag, 61v -4 -2-61 ADDRESS CITY, STATE, ZIP PHONENUMBER L6 (Pgo-5- e((sj,fe,- N EMAIL ADDRESS CONTACT' PERSON SIGNATURE OF OWNER OR AGENT FACommunityDevelopmenAUserACura pplicationAPDAPP.doc Revised 7anuary2011 ATTACHMENT �. Page I oN 119 TAX PARCEL ID #(s) OF SUBJECT PROPERTY: 33 - 3`j f 05 ocoo f — ( j / a J - o 000 j , 0 PROPERTY CLASSIFICATION(S): and Usl .Designation Zoning District Acreage M- E �Q MX la 99 TOTAL PROJECT ACREAGE: 11 ' q l fil;;.. EXISTING SITE USE(S): K AS e V -2A PROPOSED SITE USE(S) AND INTENSITY (e.g. # of units,,square feet by use): [Sq ht u roy+, r �Y ZWi l (' aM rX :3 !"rrttii wt ✓.Gt �JJQ�C2',gG�nGVP� II f7lit0fe- F'i� J.[Cj IvtCttkCfe& 4kZ (.3 ) r.rnv,mo✓rtr.JI Duf� ** PLEASE COMPLETE THE SUBMITTAL CHECKLIST ** The following -items must be attached to the application: / N / A If the applicant is other than the owner(s); a sworn statement of authorization from the owner; NO Two deeds and a verified statement naming.every individual having legal or equitable ownership in the property; If owned by a corporation, provide the names and address of. each stockholder, owning more than 10% of the value of outstanding corporation shares; 00 Two copies of the owner's recorded warranty deed; V A check, money order or cash made payable to "Indian River County": Planned Development Request - Conceptual PD Special Exception iess,than 20 acres $ 2075.00 20-40 acres 2475.00 over 40 acres 2575.00 +100.00 for each additional 25 acres over 40 acres Preliminary PD Plan less than 20 acres $ 1150.00 20-40 acres 1250.00 over 40 acres 1300.00 +50.00 for each additional 25 acres over 40 acres Final PD Plans $ 400.00 For concurrent application fees combine the appropriate fees and subtract $400.00. FACommunity Development\UserslCurDevWpplicadons\PDAPP.doc Revised January 2011 Page 2 of 3 ATTACHMENT 1 120 / i '! Ten sets of complete Conceptual, Preliminary or Final PD (final plat plans must be signed and sealed by surveyor). Plans as per Chapter 915, pursuant to the type,of approval being requested. b ; Any requirements of the zoning or subdivision ordinance which the applicant is requesting to'be waived (such as minimum lot width and size, street frontage iequirements, setbacks, etc.), shall be clearly indicated by section, and, paragraph numbers, together, with the rationale for the waiver request(s), on an attached sheet. 2 -Aerials for conceptual -or preliminary PDs U' Itemized response to pre -application for conceptual or concurrent applications �I IJ 2 sealed surveys 3 sets of floor plans and elevation for commercial or multi -family -buildings Written Statement and Photograph of Posted -Sign For Final Plat's only t'f n CONSTRUCTION COMPLETE - BUILT OUT: (A) Certificate of Completion from Public Works .or copy of letter to Public Works and Utilities requiring'inspection of improvements IF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC: (B) Original Engineer's Certified Cost for Improvements (Signed -and Sealed) OR ✓1, CONS.TRUCTION.INCOMPLETE - BONDING OUT: (A) Original Engineer's Certified Cost Estimate for Improvements (Signed and Sealed) V COPIES OF DOCUMENTS TO BE RECORDED WITH THE.FINAL PLAT: a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None b. Property Own6?s Association Articles of Incorporation or Statement `Indicating Why Recording of POA is Not Required FACommunity Developn=tlUseis\CurDev\AppUcadons\PDAPP.doc Revixd January 201 l Page 3 of 3 ATTACHMENT 1 121 CG N CG TRACT I CG CG C G CG CG In. A CG 9 9 ) 1) TfG, ", -7 0 ,.I fl; 7-- 1-3 m CG ECTc [112" 20TH ST (STATEROAD 60), D,; PT. TR- P TRACT LP T GTR,12 C( CG 7 FA�CT '41 In V. 9 10 3 7 t7 TRACT C 613 D "j, 0 0 0 T- . . i CG PD 1 PDAC TRACT 1 z G LM Al I- A IS 5 fs 6 V? US- _7v TTRACT 112 25 9 9 STORWIIATER TRACT TRACT VII College Lane TF*13 TR,15 TR -.16 RM -6 Tab"CG RM -6 STOR MAT ER A-1 Iv ANAGEME11T RS -2 I'div, A— sle. Com. ge tit2 'ter 5 ATTACHMENT 2 I� EASEMENT LEGEND: UA&AE- UIRITY. DRAINAGE k ACCESS EASEMENT O&AE - DRAINAGE ! ACCESS EASEMENT ABBREVIATIONS. 0/6- MDIT-Or-MAT PRI- PORIAI w PETOOIR MOMAEIT PCP - IEXIINdT CONTROL PONT P.RAECF. - PUBLIC RECORDS Or INDIAN RMN COUNTY FLORA P.O.B- PONT Or BEGINNINGP,O.C. - PONT OF COMMENCEMENT MONUMENT LEGEND BSET PDRANNT E6DENCE MONAOI (PWT) O FOLIO POOINOTT R'FIUE1lI IIpU41T (PRII) . POIMAIEITT CONTROL PONT (PCP) PARDO. COREII WRKER (SEE SURWVORS NOTES ECR All DESCRIPTION OF YT PINS AM OMU WR MI THE RESERVE AT VERO BEACH P.D. PHASE 1 THE EAST ZO AWES OF TRACT 10. SECTION S. TOWNSHIP 17 SOUTH. RANGE 79 EAST. ACCORDING TO THE PUT NORTH OF LANDS V THE INDIAN RM1aT SAIDRMS COMPANY, RECORDED N PUT IN BOOK 2. RACE 7C COUNPU&TY RECORDS ST. DIRE COUNTY FLORIDA.; SATO LINOS NOW LYND AND KENO N ROM RIVER CRM17. FLORIDA. GRAPHIC SCALE 1 inCA. 700 11. -- -- kA I' i i{ww.:iroarr.i9 1r�m .RTY anEwr .�tl! 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PSM P5135 .IEWO"lAlO SI.TV loo IB.A9D5 ATE: 1]21115 94ftr 2 OF S r. 142— .,45"t lw,r ' �•3 A 9)lnriusl.t'✓JI LAYOUT KEY MAP NOTICE Rnv10uAL LOT olMtRs ARe RE rop t1E tormweD MANOEHAIIY OP,NE aDwoN ARTJI,RDEWALNB aOr6,RUC1Fp ON ITS PROPERTY. FLOOD INIARD WARNN6: ""VERs KS1.1EC1 ro FIOOOIOPNMA W KM.uE IlmmM AID W DA1.D M 1% Awlw OwNxnam.lou WOAumNrAn IotM fAROPA'AID IOOMINGTNAANDaATANI UIEEI M'CO W M11 MW 1DM na0a ONAIOIO NO Rrsmnnle W aaraoRENr eva.c IWODRAIB PoRMUSE RTW ROPWn, ME?ROIRIRIE AR LA5 C'7 EASEMENT LEGEND: U.D&AE-UTILITY. DRAINAGE R ACCESS EASEMENT D&AE - DRAINAGE d ACCESS EASEMENT ABBREVIATIONS. A - PERNO -MAY PRM - PERMAM ENT CONTROL YDMI111[NT P'� - PERYAPUBL CONTROL POINT - R PUBLIC RECORDS K INDIAN RD[N THE RESERVE AT VERO BEACH P.D. PHASE THE EAST 20 ACRES OF TRACT 10, SECTIDN S. TOMNSHIP 33 SOLIM. RANGE 39 EAST. ACCORDING TO ME PLAT OF LANDS OF ME INDIAN RIVER FARMS COMPANY, RECORDED IN RAT BDDN 2. PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOM' LYING AND BEING IN MNAN RIVER COUNTY, FLORIDA - — ----- - • n m I'� eurcRUNe ISE[ SNEEr 2 a s(y. 049>f AWI.'1aT STORMWATER TRACT A' �`� ,j. P�➢� I II P•rc-- P..I,R.Cl.- COIANTY FLOIDA P.O.e - PONT OF •P _ /`T �- P• .. ""- / M IAr I `CNO'mr—oll1l.1T IQ GP MNL.SA,11. •J.fv '1111��.yI• D, O,C. - PONT OF COMMENCEMENT- COMMEBEGINNINCEMENT .. 3.�'•, i I I' NOYl.A1iiT .9.OJ J�I� A'.mW i I' � — �,,• �4' I OW 9PC.rA'i wivv iN _o R[MLrxA �Mm' ��.)aj'w 32..67 i ,• I� '» -` •a ADI N W /.11� ` rrPeamsJ'w J61e i I• ' I� I f"'1 L — — i L — — — ! Arm—IXIIA. 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W PIT O AICA P QC 1011 Re11fA]AJ ERIDIAN SHEE1 INTEPARED IY. CIWILleN BLANCWIRD. o1M ro)ee 1717INDLAAN M TVERBBlRVCYOO,u�7111 14 C MERDPIN LAND BIrRVEYOR9 LB cavae ) MMIe PEWS PER BTAF CLrAIE 'TROBRAC11' FL. 37960 LBM903 PHONE: T72.79A 1213, FAX: n7.79 10% DATE: 1)1L100 aZ, Yle A—PEReruICOIwre EN EMAIL. RNFO@MLaLR69f1s rnM 01 tr EASEMENILEGENO: THE RESERVE AT VERO BEACH P.D. PHASE 1 NDRR1 U.OaAC - ACCESS EASEME E a ACCESS EASEMENT DaAE - DRAINAGE a ACCESS EASEMENT THE EAST 20 ACRES OF REACT 10. SECTION ]. TOWNSHIP JJ 5OU1N, RANGE 39 EAST, ACCOEIONG TO ME PLAT OF LANDS OF- THE INDIAN RIVER FARMS COMPANY. RECORDED IN PLAT BOON Z PAGE 25. -PUBLIC RECORDS.OF - -- ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LUNG AND KING IN INDIAN RIVER COUNTY. FLORIDA. ABBREVIATIONS: A - RNNT-Or-WAY PERMANENT REFERENCE MO LININ PFR- PERMANENT CONTROL POINT P.R.I RCE. - PUBIC RECORDS OF NOW NWA CONEY FLORIDA P,O.B - PONT OF BEGINNING P.O.G. - POINT OP COMMENCEMENT N Q� MONUMENT LEGEND LN[ e[A11N0 "IMAGE f ODM501 m W' PSET PERMANENT REFERENCE MOMM'NT (PN) 10- OTOM PERMANENT RFETdNM/ (ARM) 51.}.• L s. w Ilv.a'o» �MONUMENT PERMANENT CONTROL PONT 11V ) n. v m.P AD PAG N•NF, osNr w1a 0 PAROL CORADR MAMA" (SEESWLEPRMVMS WBS TOL ML DESOWTION 11IRACr9 O ST S AND MANOR MARREAS) 3 Wm.}� Re .Y Og l� WwP FARC •.r AAara-r. - ��O NOTICE NIDI YEm dM1ER3 ERESIANONSAILE prin 2RWwl FOR M CAIDMNTTNAKEOM COMMON AREA MCONSTRUCTED O Nfin � ITS PROPERrv. C o P.O.B. 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FA R: 772-C 10* 15 OC NMAIL, INPf7(dA1LM•I.NMDS[(NA 1 i The Reserve At Vero Beach P.D. — Phase 1 I CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. PD -14-06_-04,.(9801-0178.-76081) THIS CONTRACT, made and entered into this 4th day of April , 2016 by and between SR 60 Vero LLC, a Florida limited liability company, the owner of property -bei * hg platted as The Reserve At Vero Beach P.D. — Phase 1, hereinafter referred to a"Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of: Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer is commencing proceedings to effect a subdivision of 1and within Indian River County, Florida; and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed: and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as The Reserve At Vero Beach P.D. — Phase 1; and I WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. j NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED; the parties agree as follows: 1.. Developer agrees to construct on or before April 12, 2017, in a good and workmanlike manner, those improvements described as follows: See Exhibit "A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat. A .copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval of the Board of County Commissioners .and made a part hereof for all purposes. 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for .this subdivision approved by the County and on file in the Planning ATTACNffiENT 127 and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter of credit, havingan expiration date of not'less than ninety (90) days beyond the date set forth in Paragraph 1, provided by A banking institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as customer and M AND T BANK as the underwriting bank, in the amount of $514,217.13, which amount is not less than one hundred twenty-five percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County. 1 4. Up to $1,000,000..00, or the limits of any applicable underlying or excess insurance. coverage carried by Developer or to be obtained during the. course of the construction of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims; damages, losses, and expenses, including attorney's fees, for property damage; personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, emp.loyees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements; including all those improvements to be constructed on existing publicly dedicated or County -owned property, such as street, sidewalk; bikepath; lighting, signalization, traffic control, drainage, water, or sewer improvements. 5. The County agrees to approve the plat for recordation in the Public Records of Indian River County; Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the required improvements. are satisfactorily completed. Developer shall remain responsible for utility meter boxes, sewer clean outs, and drainage culvert inverts; to be in good repair, accessible, correctly plumbed; and not covered with topsoil, concrete or impervious material for the 1 -year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. 2 ATTAMAENT 128 Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the required improvements are completed to the satisfaction, of County, Developer acknowledges that Developer is responsible for posting�a 1 -year warranty for road and drainage improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into. The funds posted under this Contract for Construction of Required Improvements will not be released until the applicable 1=year warranty postings and appropriate warranty agreement and bill(s) of sale are in place. 6. In the event the Developer .shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the letter of credit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements and warranty to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct `or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. In no event, however shall the liability of the underwriting bank (or any County approved substituted guarantees) under this paragraph exceed the total amount of the original obligation stated in the letter of credit (or any County approved substituted guarantees). 7. The parties agree that the County at its option shall have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed. and. installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letter of credit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the letter of credit (or any County approved substituted guarantees) be exhausted prior -to completion of the -required improvements. In no event -shall the- - County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank. (or any County approved substituted guarantees) to construct and. warranty the required improvements. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property, known as proposed The Reserve At Vero Beach P.D. — Phase 1, for purposes of completing the required improvements. If any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited, in any document transferring title to Developer's successor and/or assigns. ATTACHMENT 4 129 t 8. Any letter of credit (or any County approved 'substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer,; materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), Unless the County 'shall agree otherwise in writing. 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as spec tally mentioned herein. , This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. I SR 60 VERO LLC, a Florida limited liak sign:`— - print rtame: 5h,,,i..., GL - APPROVED AS TO FORM AND LEGAL BUFI*ICIEN BY LAN REINQOLD COUNTY ATTORNEY INDIAKI RIVER COU TY, By: 't Jo,� A. aird Cbu tv Administrator Resolution No. 2005-121 COUNTY projected BCC plat approval date: April 12, 2016 Y ATTAC140ENIT 130 THE RESERVE AT VERO BEACH- OPC 2/16/2016 (ALL COMPLETED BUT NON -CERTIFIED UTILITIES SHOWN AS.90% COMPLETE) EARTHWORK , UNIT QUANTITY UNIT COST TOTAL COST INCOMPLETE % COMPLETE MOBILIZATION LS 1 $10;000.00 $10,000.00 $2,500.00 75 EXCAVATE AND GRADE POND CY 31,200 $2.50 $78,000.00 $3,900.00 95 FINALGRADING LS 1 $21,000.00 $21,000.00 $5,250.00 75 SODDING I SF 93,149 $0.20 $18,629.80 $18,629.80 0 EROSION CONTROL "LS 1" - $20,000.00 $20,000.00 $2,000.00 90 IRRIGATION LS 1. $90,000.00 $90,000.00 $90,000.00 0 SUBTOTAL PROFESSIONAL SERVICES LF 275 $42.61 $237,629.80 $122,279.80 492 C ENS 4' SANITARY MANHOLE (0'-6') LF 2 $2,807.30 $5,614.60 $561.46 C� 3�=I%itv POTABLE WATER U_ NITQUANTITY 3 UNIT COST TOTAL COST INCOMPLETE %COMPLETE 4° C-900 PVC/Dl LF 251 $15:00 $3,765.00 $37---- 90 6" C-900 PVC/DI I LF 145 $17.57 $2,547.65 $254.77 90 8" C-900 PVC/DI LF 2,067 $18.27 $37,764.09 $3;776.41 90 16"C-900 PVC/Dl LF 769 $56.44 $43,402.36 $4,340.24 90 CONNECTTO EXISTING 16" & 12" EA 2 $3,378.13 $6,156.26 $675.63 90 16^x8"TEE EA 1 $1,538.13 $1;538.13 $153.81 90 16" x12" REDUCER EA 1. $973.48 $973.48 $97.35 90 16" G.V. EA 2 $6,256.30 $12,512.60 $1,251:26 90 8"G.V. EA 9 $1,321.65 $11,894.85 $1,189.49 90 6" G.V. EA 7 $1,000:00 $7;000.00 $700:00 90 4' G.V. EA 8 $800.00 $6,400.00 $640.00 90 8' x W' TEE EA_ 4 $644.06 $2,576.06 $257.66 90 8" x 6" TEE EA 5 $603.18 $3,015.90 $301.59 90 16"45 BEND EA 3 $i,538.13 $4,61439 $461.44 90 8"45 BEND EA 3 $419.75 $1,259.25 $125.93 90 8" 22.5 BEND EA 4 $417.01 $1,668.04 $166.80 90 B!'11.5 BEND EA 1. $413.15 $413.15 $41.32 90 FIRE HYDRANT ASSEMBLY EA 7 $3,261.98 $22,833.86 $2,283.39 9014 8"X8' TAPPING SLEEVE EA. 50 SUBTOTAL WATER $175,477.51 $17,547:75 LNA SANITARY SEWER UNIT QUANTITY UNIT COST TOTAL COST INCOMPLETE % COMPLETE 8" PVC SDR -26 (0'-6'j LF 291 $27.69 $8,057.79 $805.78 90 8" PVCSOR-26 (6'-8') IF 390 $29.03 $11,321.70 $1;132.17 90 8" PVC SDR -26 (8'-10') LF 418 $34.81 $14,550.58 $1,455.06 90 s" PVC SDR -26 (10'-12') LF 275 $42.61 $11,717:75 $1,171.78 90 4' SANITARY MANHOLE (0'-6') LF 2 $2,807.30 $5,614.60 $561.46 90 4' SANITARY MANHOLE (6'-8') LF 3 $3;491.55 $10,474.65 $1;047.47 90 4' SANITARY MANHOLE (8'-16') LF 2 $4,196.99 $8,393.98 $839.40 90 4' SANITARY MANHOLE (10'-12') LF 3: $4,861.63 $14,584.89 $1;458.49 90 8" CONNECT TO EXISTING MANHOLE EA 1 $3,500.32 $3,500.32 $350.03 90 6' SANITARY SERVICE LF 420 $13.07 $5,489.40 $548.94 90 6" CLEANOUT EA 3 $375.00. _ ..$1,125.00 $112.50 90 SUBTOTAL SANITARY $94,830.66 $9;48$.07 U 11�CD 5 q ► (a "All A\ 1 1 L) � I ArACIAMENT 131 DRAINAGE 1 UNIT QUANTITY UNIT COST TOTAL COST INCOMPLETE % COMPLETE 6" HDPE STORM PIPE -PERFORATED LF 517 $12.20 $6,307.40 $6,307.40 0 12" HDPE STORM PIPE LF 148 $18,10 $2,678,80 $267.88 90 15" HDPE STORM PIPE LF 23 $22.50 $517.50 $51.75 90 18" HDPE STORM PIPE LF 340 $27.91 $9,489.40 $948.94 90 24" HDPE STORM PIPE LF 1,215 $40.70 $49,450.50 $4,945.05 90 36" HDPE STORM PIPE LF 748 $63.50 $47,498:00 $4,749.80 90 EDOTTYPE C INLET EA 6 $1,946:16 $11,676:96 $1,167:70 90 WT TYPE D INLET EA 3 $2,587.68 $7,763.04 $776.30 90 FDOTTYP.E9INLET EA 25 $2,581:26 $64,531.50 $6,453:15 90 STORM MANHOLE EA 5 $2,581.26 $12,906.30 $1,290.63 90 SUBTOTAL DRAINAGE $212,819.40 $26;958.60 87 111 C �nS C 3/04 LIGHT & HEAVY DUTY ASPHALT UNIT QUANTITY . _ UNIT COST TOTAL COST INCOMPLETE % COMPLETE 3/4" TYPE S3 ASPHALT BASE COURSE SY 6,098 $5.25 $32,014.50 $3;201.45 90 3/4." TYPE S3 ASPHALT -SURFACE COURSE SY 6,098 $5.25 $32;014.50 $32,014.50 0 1.1/4" TYPE S3 ASPHALT SURFACE COURSE SY 2;108 $9.00 $18,972.00 $18;972.00 - TYPEFCURB LF 2,324 $11.10 $25,796:40 $2,579:64 90 TYPE DCURB LF 709 $10.00 $7;090:00 $709.00 90 WHEELSTOPS EA 55 $200.00 $11,000.00 .$11,000.00 0 DUMPSTER PAD SY 105 $40.00 $4,200.00 $4;200.60 0 SIDEWALK LF .1,600 $5.50 $8,800.00 $8,800.00 0 STRIPING AND SINAGE LS 1 $11,300.00 $11,300.00 $11,300.00 0 SUBTOTAL LIGHT & HEAVY DUTY ASPHALT $151,187.40 $92,776.59 39 _ C3'QIIt WESTERN BUFFER • U141T QUANTITY UNIT COST LIVE OAK BALD CYPRESS CABBAGE PALM SEA GRAPE UGUSTRUM TREE WAX MYRTLE PODOCARPUS AWABUKI VIBUMUM WALTER'S VIBUMUM GULF MUHLYGRASS DWARF FAKAHATCHEE SOD SUBTOTAL EROSION CONTROL EA EA EA EA EA EA EA EA EA EA SF 31 14 6 33 19 65 30 185 43 59 344 $305.00 $100.00 $115.00 $190.00 $130.00 $55.00 $118.00 $6.50 $6.50 $6.50 ATTACHMENT $4,270:00 $600.00 $3,795.00 $3,610.00 $8,450.00 $1,650.00 $21,830.00 $279.50 $383.50 $2,236.00 $4,581.40 $58,505:40 $4,270.00 $600.00 $3,795.00 $3,610.00 $8,450.00 $1,650.00 $21,830.00 $279.50 $383:50 $2,236.00 0 0 0 0 0 0 0 0 0 0/ o y,, �1 0 e\p_;M 3 132 MAIN DRIVE LANDSCAPE. _ - __ UNIT .QUANTITY UNIT COST TOTAL COST INCOMPLETE % COMPLETE LIVE OAK EA 7 $220.00 $1,540.00 $1,540.00 0 ROYAL PALM I j EA 19 $580.00 $11,020.00 $11,020.00 0 CABBAGE PALM EA 3 $100.00 $300.00 $300.00 0 SEA GRAPE EA 19 $115.00 $2,185.00 $2,185.00 0 LIGUSTRUM TREE EA 18 $190.00 $3,420.00 $3,420.00 0 RED TIP COCOPLUM EA. 19 $6.50 $123.50 -$123.50 0 PODOCARPUs EA 242 $55.00 $13,310.00 $13,310.00 0 GREEN ISLAND FICUS EA 113 $6.50 $734.50 $734.50 0 WAX LEAF JASMINE EA 1-12 $6.50 $1,118.00 $1,118.00 �1 %`, V 1a t PARSONS'SJUNIPER_ EA 259 $3.00 $777 00. $777 00 / SUBTOTAL EROSION CONTROL $34,528.00 $34,528.00 0., Acti 116 CFA NORTH/ EAST & SR60 FRONTAGE BUFFER UNIT QUANTITY UNIT COST TOTAL COST INCOMPLETE % COMPLETE DRAKE ELM EA 9 $175.00 $1,575.00 $1,575.00 0 LIVE OAK I EA_ 14 $220.00 $3,080.00 $3,080.Q0 O ROYAL PALM I EA 3 $580.00 $1,740.00 $1,740.00 0 CABBAGE PALM EA 21 $100.00 $2,100.00 $2,100.00 O SEA GRAPE EA 9 $115.00 $1,035.00 $4035.00 0 JAPANESE BLUEBERRY TREE EA 24 $135.00 $3,240.00 $3,240.00 0 UGUSTRUM TREE EA 16 $190:00 $3;040.00 $3,040.00 0 PODOCARPUS EA 110 $55.00 $6,050.00 $6,050:00 0 WAX LEAF JASMINE EA 34 $6.50 $221.00 $221.00 0 FAKAHATCHEE GRASS EA 111 $6.50 $721.50 $721.50 0 SWEETVIBUMUM EA 220 $6.50 $1,430.00 $1,430.00 0 DWARF FIRE BRUSH EA 46 $6.50 $299.00 $299.00 .0 STOKE'S'DWARF HOLLY EA 190 $6.50 $1,235:00 $1,235.00 M GULF MUNLYGRASS DWARF FAKAHATCHEE EA EA 47 24 $7.50 S6.50 $352.50 5156.00 $35250 5156.00 10: �:/WI It SUBTOTAL EROSION CONTROL PROFESSIONAL SERVICES ENGINEERING INSPECTION;SERVICE.' ENGINEERING FINALCERTIF_ICATION GEOTECHNICAL TESTING SURVEY AS-BUILTS SUBTOTAL PROFESSIONAL SERVICES $26,275.00 0 UNIT COST TOTAL COST INCOMPLETE % COMPLETE LS 1 $60,000.00 $60,000.00 $6;000:00 LS 1 $5,000.00 $5,000.06 $4,000.00 LS 1 $30,195.00 $30,195.00 $3;019.50 LS 1 $10.000.00 S 10.000.00 S 10.000.0( $105,195.00 90 20 90 0 6 31qp TOTAL -COST INCOMPLETE % COMPLETE TOTALS $1,096,448:17 $411,373.71 62 \11141 I III��/ F 'LORIOP'• ATTACHMENT F �'��; S/pNgl ��•�� 133 FANg� T�' M and T Bank M&T I ank Trade Finance Operations 1800 Washington Boulevard 8th Floor, MC-MDI-MP37 Baltimore, MD 21230 Tel: Letters of Credit: (410) 244-4475 / 4587 Tel: Collections: (410) 244-4566 SWIFT. MANTUS331NT Irrevocable Standby Letter of Credit No.: SBlk8350001 Beneficiary: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 180127TH STREET VERO BEACH, FL 32960 United States Date of Is: April 01, 2( Amount: Not Exceei Thousand Dollars WE HEREI ACCOUNT FOURTEE BY YOUR BANK IRR ACCOMPA Applicant: SR 60 VERO, LLC 105 FOULK ROAD WILMINGTON, DE 19803 United States 1. THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY. K'S COUNTERS )R FOR THE IUNDRED 3) AVAILABLE IDER M AND T 16,- 2. A LETTER FROM THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, WITH APPROVAL SIGNATURES OF THE COUNTY ATTORNEY OR HIS DESIGNEE, AND THE DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET OR HIS DESIGNEE, STATING: SR 60 VERO LLC HAS DEFAULTED UNDER THE TERMS OF THE CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS RELATING TO THE RESERVE AT VERO BEACH P.D., PHASE 1, AND THAT THE AMOUNT OF THE DRAFT REPRESENTS THE AMOUNT REQUIRED BY THE COUNTY TO FULFILL THE PERFORMANCE OF SAID CONTRACT. I THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF SB19283500011 Page 1 of 2134 ATTAcHN��' rAllM� Bank M 8 T Bank CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR CONTRACT. PRESENTATION OF DRAWING DOCUMENTS IN COMPLIANCE WITH THIS LETTER OF CREDIT SHALL BE PRESENTED AT OUR OFFICE AT THE ABOVE ADDRESS ON OR BEFORE THE EXPIRATION DATE, NOT LATER THAN 3:00 P.M. ALTERNATIVELY, PRESENTATION OF SUCH DRAWING DOCUMENTS MAY BE MADE VIA FACSIMILE TRANSMISSION TO 410-244-4147, OR TO SUCH OTHER FAX NUMBER IDENTIFIED BY US TO YOU IN WRITING. IN THE EVENT OF A FAX PRESENTATION, YOU SHALL: (1) PROVIDE TELEPHONIC NOTIFICATION THEREOF TO US AT 410-244-4801, OR TO SUCH OTHER TELEPHONE NUMBER IDENTIFIED BY US TO YOU IN WRITING, AND (II) SEND THE ORIGINAL OF SUCH DRAWING DOCUMENTS TO US VIA OVERNIGHT COURIER AT THE ABOVE ADDRESS, PROVIDED, HOWEVER, THAT OUR RECEIPT OF SUCH TELEPHONIC NOTIFICATION AND ORIGINAL DOCUMENTS SHALL NOT BE A CONDITION TO PAYMENT HEREUNDER. ANY CHANGE IN FAX NUMBER, PHONE NUMBER OR ADDRESS AFFECTING PRESENTATION, MUST BE PROVIDED IMMEDIATELY IN WRITING THE ATTENTION OF OFFICE OF MANAGEMENT AND BUDGET, AT BENEFICIARY'S ADDRESS. SUCpwx PRESENTATION SHALL BE CONSIDERED THE OPERATIVE PRESENTATION, PROVIDED , z WEVTHAT NY PRESENTATION RECEIVED BY US AFTER 3:00 P.M. EASTERN TIME SH D % A HAVE BEEN BE GOVERNED BY THE SB1928350001 ATTACHMENT 4 Page 2of'135 Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the BTgem ty Commissioners i From: Jason E. Brown Director, Office of t & Budget Date: April 4, 2016 Subject: . Miscellaneous Budget Amendment 016 Description and Conditions The attached budget amendment appropriates funding necessary for the following: Consent Agenda (Z)q 1. The Sheriffs Office has requested to have an update of the Spatial Needs Assessment and Master Plan originally completed in 2011 completed this year. The Capital Improvement Plan includes funding for the design of the Public Safety Complex during FY 18/19. These funds could be advanced to the current year. The attached entry appropriates funding in the amount of '$150,000 from Optional Sales Tax/Cash Forward -Oct 1s' 2. The Human Resources Department is in need of a replacement copier. The attached entry appropriates funding in the amount of $950 from General Fund/Reserve for Contingency. 3. The North County Library is in need of a replacement condensing unit. The attached entry appropriates funding in the amount of $15,930 from General Fund/Cash Forward -Oct 15' 4. The Roseland Community Center is in need of repairs. The attached entry appropriates funding in the amount of $15,000 from General Fund/Cash Forward -Oct 1s' Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2015/2016 budget. Attachments Budget Amendment 016 and Resolution APPROVED AGENDA ITEM: BY: Jos ph A. Baird County Administrator FOR: April 12, 2016 Indian River County Apprgve4 Date Administrator 77 ��- Legal Budget 44 Department Risk Management 136 RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2015-2016 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 2015-2016 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 2015-2016 Budget be and hereby is amended as set forth in Exhibit "A" upon adoptions of this Resolution. i 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 Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2016. Attest: Jeffrey R. Smith Clerk of Court and Comptroller M Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Bob Solari, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY 137 Resolution No 2016- E i I Budget Office Approval Exhibit "A" C 6_,� - Jason E./8roIn. Budget Director Budget Amendment: 016 Entry Number Fund/ De a ent/Account Name Account Number Increase Decrease 1. Revenue Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $150,000 $0 Expense Optional Sales Tax/Sheriff-Law Enforcement 31560086-099040 $150,000 $0 2 Expense General Fund/Reserve for Contingency 00119981-099910 $0 $950 General Fund/Human Resources/Office Supplies 00120313-035110 $950 $0 3 Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $15,930 $0 1 Expense General Fund/Facilities Management/Maintenance-Air Conditioning 00122019-034620 $15,930 $0 4 Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $15,000 $0 Expense I General Fund/Facilities Management/Maintenance- Buildings 00122019-034610 $15,000 $0 1911:3 INDIAN RIVER COUNTY MEMORANDUM I TO: Joseph A. Baird, County Administrator CONSENT THRU: Christopher R. Mora, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Purchase of Scrub Jay Property — 10.64 Acres 2050 Barber Street, Sebastian, FL 32958 DATE: April 6, 2016 DESCRIPTION AND CONDITIONS Jane Schnee, owner of the 10.64 acre property at 2050 Barber Street, approached the County and offered to sell the property. The 10.64 acre parcel is located on the north side of Barber Street within the City of Sebastian, approximately one-quarter mile west of the FEC railroad tracks. The property is approximately 50% trees/vegetation and 50% grass/field. The County has no plans to improve the property, but intends to purchase the property for the public benefit of acquiring native scrub land for conservation and for compatible passive recreation, as well as for potential future mitigation credit for public works projects. The property is zoned RM -8. According to a listing compiled in 2009 by the County Land Acquisition Advisory Committee (attached), the Schnee property (aka "Sebastian Village Scrub") was valued at approximately $2.6 million. County staff negotiated with Ms. Schnee and agreed to a purchase price of $112,000.00 for the property. There are no attorney or appraisal fees. FUNDING Funds for this expenditure are available through a Budget Amendment from Native Uplands Acquisition Fund/Cash Forward and expensed to Native Uplands Acquisition/ All Land — Acct # 12721072-066110 ALTERNATIVE I The Board's options include the following: i Alternative 1: Approve the attached Agreement for Purchase of property for $112,000.00 and authorize the Chairman to execute the contract on behalf of the Board. Alternative 2: Reject the terms of the Agreement and cancel the purchase. 139 RECOMMENDATION Staff recommends alternative #1: Approve the attached Agreement for Purchase of property for $112,000.00 and authorize the Chairman to execute the contract on behalf of the Board. ATTACHMENTS LAAC Sites Listing Two Originals of the Purchase Agreements APPROVED AGENDA ITEM FOR: April 12, 2016 i BY Indian River County APPDwed Date Administration Budget Legal Public Works Engineering 140 EXISTING/PROPOSED LAAC SITES ACREAGE/ COST ESTIMATES SITE NAME ACRES TAX ASSESSED BALLPARK PURCHASE PRICE (OR "LAND JUST') VALUE PRICE ASSUMING 50% COST -SHARE TORWEST PINWR ADDITION - 47.00 $ 5,384;850- $--- 35,000,000 $ 17,500,000 SOULE RIVERFRONT PARCEL 4.80 $ 84,770 $ 85,000 $ 42,500 CFHP EXPANSION 19.60 $ 4,468,800 $ 4,500,000 $ 2,250,000 ST. SEB. RIVE GREENWAY CONNECTOR 90.00 $ 4,909,180 $ 5,000,000 $ 2,500,000 HARTIG OCEANFRONT PARCEL 1.93 $ 1,145,650 $ 1,200,000 $ 600,000 ROUND ISLAND PARK ADDITION 7781$ 858,670 $ 1,000,000 $ 500,000 WINTER BEACH MARSH 156.621$ 6,402,920 $ 6,500,000 $ 3,250,000 MORGAN'S IMPOUNDMENT NORTH 53.37 $ 469,440 $ 500,000 $ 250,000 TEN -MILE RIDGE - ANSIN PDR 2,891.00 $ 59,086,240 $ 48,000,000 $ 24,000,000 TRACKING STATION COASTAL STRAND 8.69 $ 12,386,740 $ 12,000,000 $ 6,000,000 HIGH POINTE SCRUB 161.00 $ 4,522,800 $ 6,000,000 $ 3,000,000 ORCA SOUTH LINK (REMAINDER) 0.93 $ 153,940 1 $ 130,0001$ 65,000 SEBASTIAN VILLAGE SCRUB 10.671 $ 2,649,280 1 $ 2,500,000 1 $ 1,250,000 GITELES AGRICULTURAL EASEMENT 1 75.001 $ 1,743,360 1 $ 1,200,000 1 $ 600,000 TOTAL: 1 3,528.391 $ 104,266,640 1 $ 123,615,000 $ 61,807,500 OTHER SITES: (INFO. PENDING) ABANDONED RAILROAD GRADES OLD SEMINOLE WAR MILITARY TRAIL DRAFT 03-2009 ORIGINAL AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND JANE SCHNEE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of April, 2016, by and between Indian River County, a political subdivision of the State of Florida ("the County") and Jane Schnee, who agree as follows: ' WHEREAS, Jane Schnee owns property located at 2050 Barber Street, Sebastian, Florida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is purchasing the property for the public benefit of acquiring native scrub land for conservation and for compatible passive recreation, as well as for potential future mitigation credit for public works projects; and WHEREAS, the County has contacted Jane Schnee and has offered to purchase the parcel as described on Exhibit "A" (the Property), and WHEREAS, Jane Schnee is willing to sell her property to the County for native scrub land conservation if the County agrees to maintain and manage the habitat on Barber Street for Florida Scrub jays, in perpetuity. 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 at 2050 Barber Street, Sebastian, Florida and more specifically described in the legal description attached as Exhibit "A", fee simple, all improvements 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 $112,000 (One Hundred Twelve Thousand 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. 142 ORIGINAL 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. The Seller shall convey title subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided there exists at Closing no violation of any of the foregoing. r 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 use best efforts to cure the defects within the Curative Period and if the title'defects are not curedwithin 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 Property, without the prior written consent of the County. 4.3.1 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. 5. ' Default. 5.1 i 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. 2 143 ORIGINAL 5.2 i 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; for (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 at a mutually agreeable time. 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 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. 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. 3 144 ORIGINAL 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. The County will not be responsible in any claim or controversy arising out of or relating to any realtor fees from previous listing agreements. 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 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: 4 145 ORIGINAL I I t If to Seller: Jane Schnee 1022 Foster Road, Apt. A Sebastian, FL 32958 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 i Attn: Land Acquisition/Monique Filipiak i 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. 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. 5 146 ORIGINAL IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS i Bob Solari; Chairman Approved by BCC t " - 'i J"'� ate* ane Schnee ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 0 proved: Deputy Clerk aird, County Administrator App oved as to For Leg Sufficiency: eju, 4 County Attorney IJ 147 ORIGINAL EXHIBIT "A" COMM AT THE SE COR OF SEC 20-31-39, TH N 00 DEG 33 MIN 15 SEC E ALONG THE E LINE OF SAID SEC 20 FOR 1298:48 FT TO THE N L INE OF THE SE 1/4 OF THE SE 1/4; TH S 89 DEG 18 MIN 21 SEC W FOR 1324.74 FT TOT HE W RNV LINE OF B ARBER ST (HAVING AN 80 FT RNV), PBI 14-97, SAID PT BEING POB; TH S 00 DEG 13 MIN 13 SEC E, ALONG SAID R/W LINE, A DIST O F 264.04 FT TO PT OF C URVATURE OF A CURVE, CONCAVE TO THE NW, HAVING A RAD OF 200.00 FT; TH SW ALONG THE ARC OF SAID CUR VE, THRU A CENT ANGLE OF 68 DEG 00 MIN 00 SEC, A DIST OF 237.3 7 FT; TH S 67 DEG 46 MIN 47 SEC W, A DIST 232.68 FT TO THE PT OF CURVATURE OF A CURVE, CONCAVE TO THE SE, HAVING A RAD O F 3608.37 FT; TH SW ALONG THE ARC OF SAID CURVE, THRU A CE NT ANGLE OF 02 DEG 14 MIN 43 SEC, A DIST OF 141.40 FT; TH S 65 DEG 32 MIN 04 SEC W, A DIST OF 666.04 FT TO PT OF CURVATU RE OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 476.87 FT; TH W ALONG THE ARC OF SAID CURVE, THRU A CENT ANGLE O F 23 DEG 58 MIN 55 SEC , A DIST OF 199.60 FT; TH S 89 DEG 30 MI N 59 SEC W, A DIST OF 70.19 FT, TO A PT ON E LINE OF OF SE BASTIAN HIGHLANDS UNIT 17 PLAT, PBI 8-46; ALSO BEING W LINE OF SW 1/4 OF SE 1/4 OF SAID SEC 20; TH N 00 DEG 31 MIN 44 S EC W ALONG SAID LINE, A DIST OF 589.98 FT TO A PT ON S LINE OF PALM LAKE CLUB, PBI 13-47; TH S 89 DEG 40 MIN 38 SEC E AL ONG SAID LINE, A DIST OF 1332.37 FT; TH N 00 DEG 05 MIN 58 SEC E, A DIST OF 330.63 FT; TH N 89 DEG 18 MIN 21 SEC E, A D IST OF 11.11 FT TO POB ; LESS THAT DESC POR FOR RD R/W AS IN OR BK 2557 PG 1312 Parcel ID Number: 31-39-20-00000-7000-00007.3 Commonly known as: 2050 Barber Street, Sebastian, FL 7 148 f?`riit-Form ; INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or- individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian RiNer- County Administrator's Office. i PUBLIC DISCUSSION INF C)RMATI N i Indian River. County Code Section IQ2�Ib)_ 10)as a general rule, public discussion items should be limited to matters on -which the commission may take action Indian River Co4Lnty Code Section- 102___07(2), limit remarks to three minutes unless additional time is granted by the commission -NA,tiIE OF INDIVIDUAL OR ORGANI"I_ATIO: ADDRESS: SUBJECT N1 A'fTF.R F(7R DIS(-L`SSIO\': 711 �- .-Ag— 4- IS A PRESENTATION Pt,ANNE:D? Q Yes ❑ No IS BACK-UP BEING PROVIDED? Yeses' :,No IS TIUS AN APPEAL OF A DECISION? ❑ Yes WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS Oil ACTIVITIES REQUIRED? ❑ ),es I WIIAT FUNDS OR ACTIVITIES ARI-. RLQUIRFD TO "I HIS REQUI•:S'r? ( OUNTY ADMINISTRA-I.OR � C& J.o�seph A. Baird ld6:- 149 1je)C'�, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: ", "LD ADDRESS: �J�_ PHONE: I S SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? YES IS BACK-UP BEING PROVIDED YES IS THIS AN APPEAL OF A DECISION YES I WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? •II ULI(,4 aNO NO NO Ai C ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES WHAT FUNDS OR ACTIVITIES ARE \ ^ 1 REQUIRED TO MEET THIS REQUEST? N /� Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRA' MEETING DATE: F Toumq Admin`ExecAssiWGENDAIPublic Discussion Items Form dot Board Approved 110,06 150 A as �� Office of the z INDIAN RIVER COUNTY .Z ADMINISTRATOR OR Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: - Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: April 6, 2016 SUBJECT: Department Head Appointments I would like to introduce the Board to the two newly appointed Department Heads. Rich Szpyrka has been appointed to the position of Public Works Director to replace Chris Mora who is retiring effective May 31 ", 2016. Mike Smykowski has been appointed to the position of Office of Management and Budget Director to replace Jason Brown who was selected by the Board to become County Administrator upon my retirement June 30th, 2016. APPROVED AGENDA ITEM t � BY: April If , 2016 Indian River Co App.My ed Date Administrator 151 INDIAN RIVER COUNTY, FLORIDA ) orl !1—L MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Stan Boling, AIC, Cmmunity Development Director DATE: March 29, 2016 SUBJECT: Consideration of Recommendations from the Short Term Vacation Rental Advisory Committee (STVRAC) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 12, 2016. BACKGROUND i In July 2012, the Board of County Commissioners (Board) adopted regulations clarifying that "... any residential dwelling unit offered for rent or lease for less than a month at a time shall not be considered a hotel/motel or lodging facility". That regulation change remains in effect and allows a residential dwelling unit in the unincorporated area of the county to be used as a "vacation rental" (see definition, attachment 1). At the time of the 2012 regulation adoption, the Board directed staff to track site-specific complaints related to vacation rentals and coordinate with the state to try to ensure compliance with state licensing requirements for vacation rentals. In 2012, the Board also expressed a desire to have vacation rentals "come out of the shadows" and come into compliance with state requirements and local tax obligations. Since July 2012, county Code Enforcement has tracked site specific complaints related to vacation rentals and has coordinated with the state regarding state licensing of suspected "unlicensed" vacation rentals. To date, over a period of nearly four years, Code Enforcement has received complaints regarding a total of 18 specific, suspected unlicensed units. The location and disposition of those units with respect to proper state licensing is shown on the attached vacation rental complaint log (see attachment 2). Last summer (2015), the Board heard concerns regarding vacation rentals and short-term rentals of residences for large events. Expressed concerns primarily involved over -parking and outdoor noise/disturbances. In response, the Board took three actions, as follows: WAGENDA\Current Year\2016\Consideration of Recommendations from the STVRAC 041216 BCC.docx 1 152 1. Considered and adopted a prohibition on commercial events (e.g. weddings) at residences, with allowances for events already booked at residences and for events held on 4+ acre agricultural sites subject to a special temporary use permit (see attachment 3). 2. .Considered and adopted special parking regulations for vacation rentals, establishing standards for parking spaces outside of garages/carports with a maximum [cap] of 5 parking jspaces located outside a garage/carport at any time day or night (see attachment 4). 3. ;Established (with a sunset provision) and appointed members to the Short Term Vacation Rental Advisory Committee (STRVAC) to advise whether or not additional vacation rental regulations are needed and to "...submit recommendations on proposed legislation, ordinances, and rules to the Board of County Commissioners". The two adopted regulations (actions 1 and 2) are in effect and are being implemented. The vacation rental committee (action 3) has met, determined that additional vacation rental regulations are needed, completed its tasks, and made its final recommendations to the Board. The committee's recommendations include: a new ordinance establishing additional vacation rental regulations, a schedule of fines for violations, and a requirement that staff provide a progress report to the Board one year after adoption of the new ordinance. Those recommendations were finalized at the committee's last meeting of March 17, 2016 (see attachment 5). The Board is now to consider the STVRAC's recommendations and consider directing staff to initiate the formal land development regulation amendment process for review and adoption of a new vacation rental ordinance. ANALYSIS Since adoption of the commercial events prohibition and special parking regulations for vacation rentals (actions 1 and 2 above), staff has received only one complaint related to a potential violation of the commercial event at residence prohibition or vacation rental parking standards. That one complaint, received in February 2016, was prompted by a concern about over -parking. Code Enforcement is currently investigating that potential violation. Based on the reduced level of complaints, it appears that the commercial event prohibition and special parking regulations have had their desired effect, and there is no proposal or recommendation to change those regulations. With respect to the vacation rental committee initiative (action 3 above), the committee has conducted and completed its work as described below, and is considered sun-setted. i • Vacation Rental Committee (STVRAC) The STVRAC met six times from October 2015 — March 2016 at monthly meetings centered around specific vacation rental topics. Meeting packets and notices were sent to a number of interested participants as well as committee members. All committee agendas, meeting materials, staff reports, minutes, and meeting videos remain available on the county website. i MAAGENDA\Current Year\2016\Consideration of Recommendations from the STVRAC 041216 BCC.docx 2 153 Topics and information reviewed or considered by the committee included the following: October 2015 • Committee purpose and charge from the BCC • Background and introduction of vacation rental issues • Identification of potential regulation topics and committee schedule November 2015 • Parking regulations and commercial event prohibition already adopted by BCC • Establishment of a local license and tax compliance • Monroe County Regulations, Moorings Committee Recommendations, Noise Regulations, Boat/watercraft Regulations, Polk County Rental Guide • Vacation rentals in mixed use projects December 2015 • Fire safety requirements and occupancy limits • Septic sstem standards and compliance January 2016 • Homestead Exemption and Property Appraiser assessments • Economic impact information • Occupancy limits, HUD Fair Housing occupancy guidelines i • Fines and citations February 2016 • Occupancy limits • Inspections and Length of local license March 2016 • Local license violation fine • Recommended ordinance and reconsideration of occupancy limits • Staff progress report to BCC after adoption of new ordinance As part of concluding its assigned tasks, the committee made three recommendations, which are described below. • Recommended Vacation Rental Ordinance The committee considered a variety of vacation rental regulation topics and developed an ordinance that, if adopted, will establish new regulations specific to vacation rentals. The recommended ordinance does not propose any changes to the county's existing definition of "vacation rental", existing prohibition of commercial events at residences, or the existing vacation rental parking regulations. It is also important to note that all county regulations applicable to a single-family residence (e.g. use and limitations on docks, noise and nuisance regulations, environmental regulations) apply to vacation rentals as well. As structured, the ordinance will: Require the owner of a vacation rental unit to obtain a county license from the community development department, said license to be valid for 3 years with the ability of an owner to obtain a license renewal every 3 years. Require a license for each vacation rental unit, subject to an inspection of the unit by a county code enforcement officer prior to issuance of a license or license renewal. WAGENDA\Current Year\2016\Consideration of Recommendations from the STVRAC 041216 BCC.docx 3 154 I Establish license application submittal requirements including rental unit manager contact 'information; evidence of a state license, local Business Tax Receipt, and local tourist tax account; parking information; verification of state license fire protection items (smoke alarms, emergency lighting, fire extinguisher); acknowledgement of various county regulations on parking, noise, nuisances, environmental and safety regulations, and fines/citations. Establish special vacation rental regulations that include: - Posting or displaying specific safety and "good neighbor" information in the rental unit - Parking regulations specific to vacation rentals (references regulations previously adopted) - Prohibiting, commercial events at residences (references regulations previously adopted) - Maintaining a sleeping occupancy limit for adults (18 years or older) in a rental unit: 2 per bedroom + 2 adults [Examples: maximum adult sleeping occupancy for 3 bedroom home: 8 adults; for 6 bedroom home ... 14 adults maximum] - Providing fire protection items required for a state vacation rental license - Providing a carbon monoxide (CO) alarm - Keeping manager contact information up to date - Providing or otherwise stating the county vacation rental license number and sleeping occupancy limit in any advertisement or rental offering associated with the vacation rental unit I Considerable committee work involved setting a maximum sleeping occupancy limit. Although the committee acknowledged that such a limit would not be routinely enforced and in fact would be difficult to enforce, the committee felt that the limit would help prevent customers from over- crowding if a reasonable limit was set and was provided on advertisements and rental offerings. The committee also acknowledged that the special parking regulations already adopted by the Board help prevent over -crowding day and night. In the end, the committee settled on a sleeping occupancy limit for adults (18 years or older) in each rental of 2 per bedroom plus 2 adults. The committee felt that the recommended occupancy limit will help prevent over -crowding and reasonably accommodates families while appropriately curtailing the use of a rental as an over -crowded "party house" by renters 18 years and up. As indicated above, the committee also recommends requiring every vacation rental advertisement and rental offering to state the maximum occupancy limit for the unit. In addition, the occupancy limit will be stated on the vacation rental license issued by the county. The recommended vacation rental ordinance is attached (see attachment 6). If the Board directs staff to initiate the formal land development regulations amendment process, staff anticipates scheduling a public hearing before the PZC in May and a BCC public hearing in June. Recommended Fine Schedule for Violations Fines & Citations Powers Staff primarily enforces county codes by one of two means: by bringing cases to the Indian River County Code Enforcement Board (CEB) for Board issuance of orders and fines, or by issuing WAGENDA\Current Year\2016\Consideration of Recommendations from the STVRAC 041216 BCC.docx 4 155 t citatioris (similar to traffic tickets). The CEB typically imposes fines of $100 per day for unresolved code violations. As an alternative to the CEB hearing process, county code enforcement officers have the power to issue citations for various violations, subject to specific procedures set forth in County' Code Section 103.07 and FS Chapter 162. County Resolution No. 92-59 established a schedule of citation fine amounts for various types of violations, including a $50 fine for vehicle parking and storage violations (per vehicle) and $50 for noise violations. Citation procedures include issuance of a warning for an initial violation with time given for compliance. Most violations (80% to 90%) are resolved at this step in the process, without further code enforcement action. A violation that occurs thereafter may be cited per occurrence. Under the 92-59 citation resolution currently in place, for example, a $50 citation may be issued for each vehicle in violation of a parking regulation after a warning has been issued to the owner of the premises. Citations are typically issued to the landowner, but may also include a tenant, renter, or other'identified violator, depending on the circumstances and evidence. Specific types of violations and associated fine amounts can be added to the County's current citation schedule by adoption of a resolution, as was done in 2013 when fertilizer ordinance violations were added. It should be noted that a citation issued by code enforcement staff can be appealed to either County Court or to the Indian River County Code Enforcement Board. After due process, if the citation fine is upheld and remains unpaid, the fine is recorded in the public records as a lien against any real or personal property owned by the respondent. Fines/Citations for Vacation Rentals Regarding short term vacation rentals, the types of violations anticipated to occur most often that would warrant citations are parking violations, commercial events at residences, and failure to obtain or maintain a county license. County Resolution 92-59, which established fines and notice time frames for various code violations, includes fines for general illegal parking and storage ($50 per vehicle), but does not list a fine for commercial events at residences, for parking violations specific to vacation rentals, or for failure to obtain or maintain a license. For those reasons, the 92-29 citation resolution needs to be revised to list fines for those violations. Moreover, the revisions should distinguish between first time violations and repeat violations, with higher fines for repeat violations to deter recurrence. For vacation rental vehicle parking violations, staffs position and the committee recommendation is that a $50 fine (per vehicle) for first violations and a $100 fine (per vehicle) for repeat violations are appropriate amounts. Regarding commercial events at residences, the fines should be substantially higher so as not to be absorbed as a "cost of doing business." Consistent with allowances under FS Chapter' 162, staff supports and the committee recommends that the County establishment of a fine of $1,000 for first violations and $5,000 for repeat violations of the commercial event at residence restrictions. Last of all, the committee recommends that a deadline of 30 business days (f6 weeks) after notice be established for an unlicensed rental unit. As proposed, if that deadline passes without the unit owner obtaining a county vacation rental license, a $100 per day fine will start and accrue for each day that a violator has failed to obtain a license after the 30 day deadline. M:\AGENDA\Current Year\2016\Consideration of Recommendations from the STVRAC 041216 BCC.docx 5 156 The recommended fine schedule for violations of county vacation rental and commercial events at residences regulations is attached (see attachment 7). The Board does not need to take action on the recommended fine schedule at this time but should adopt a fine schedule by resolution at the time of adopting the vacation rental ordinance. • ,Recommended "Progress Report" As a final matter for discussion, the committee considered the benefits of a "progress report" evaluation of the proposed vacation rental ordinance after adoption and implementation. Committee members expressed a desire for staff to perform an evaluation and provide a "progress report" to the Board as a public discussion item one to two years after ordinance adoption. In the end, the committee decided to recommend that the Board direct staff to present a "progress report" to the Board 1 year after adoption of the vacation rental ordinance. At this time, the Board does not need to take action on the progress report recommendation but should consider that recommendation at the time that it considers adoption of the vacation rental ordinance. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Provide staff with any changes the Board believes at this time are necessary to the recommended ordinance, and direct staff to initiate the formal land development regulation (LDR) amendment process for review and adoption of the recommended vacation rental ordinance. 2. Direct staff to present a vacation rental violations fine schedule resolution for Board consideration at the time that the vacation rental ordinance is considered by the Board for formal adoption. 3. Direct staff to include a recommended motion for a vacation rental ordinance future "progress report" to be considered by the Board at the time that the vacation rental ordinance is considered by the Board for formal adoption. ATTACHMENTS 1. Definition of "Vacation Rental" 2. Vacation Rental Complaint Log 3. Commercial Event at Residence Prohibition 4. Vacation Rental Parking Regulations 5. Unapproved Minutes of the March 17, 2016 STVRAC Meeting 6. Recommended Vacation Rental Ordinance 7. Recommended Fine Schedule for Violations APPROVED AGENDA ITEM: FOR: BY: Indian River Co, Approved Date Admin. Legal Budget 7 t b L 'G Dept. Risk Mgr WAGENI)MCurrent Year\2016\Consideration of Recommendations from the STVRAC 041216 BCC.docx 6 157 i Vacation rental any residential dwelling which is rented or leased more than three (3) times in a calendar year to a tenant, individual, group of individuals, or party for a period of less than thirty (30) days, or which is advertised or held out to the public as a dwelling which may be regularly rented or leased for a period of less than thirty (30) days. Attachment 1 158 1 3 4 5 6 7 8 9 10 11 12 13 14 15 lE 17 18 a VACATION RENTAL COMPLAINTS Address of Complaint Verify License w/DBPR Date complaint given to DBPR Code Officer- Status 2125 W Beachside Ln No license 7/16/2012 Rose Case closed by the state – _ no license issued i 1571 Smugglers cove No license 7/11/12 Vanessa Case closed by the state – _ 6450 Frances Manor No license sent initial _ _ _ Sent initial contact letter to Kelly no license issued License issued } contact letter to owners owners 3011 Calcutta Dr No license 12/7/2012 _ Kelly Case closed by the state – — no license issued 580 Reef Rd No license 12/2/2013 Rose Case closed by the state – no license issued 8515 De Havilland Ct No license 2/11/2014 _ Vanessa Case closed by the state – i no license issued_ 244023 d St SE No license Vanessa License issued L12576 AlA No license _3/21/2014 4/21/2015 _ _ Betty ; License issued 11491.Smugglers Cove i No license _4/23/2015 Vanessa Under state investigation_ f 13060 Hwy AIA No license 5/22/2015 Betty Under state investigation 1 12600 Hwy AIA No license 10/14/2015 Betty I Under state investigation 12570 Hwy AlA No license 8/7/2015 Betty I Not a rental 12840 Hwy AIA No license 8/7/2015 Betty Under state investigation 12800 Hwy AlA No license 8/7/2015 Betty .l License Issued 12576 Hwy AlA No license 8/_7/2015 y Betty License Issued i 935077 1h Street No license 8/7/2015 Betty Under state investigation i 2160 Seagrape Dr No license 9/10/2015 Rose Under state investigation x-855 Reef Road No license I 2/10/2016 Rose Understate investigation N F./users/kelly/vacation rentals/vaccomplain tchart n 3 m N 4/1/2016 Irdan River County, FL Code of Ordinances Commercial event at residence. As defined in Section 901.03, it shall be a violation of this Code for any owner to lease a single family residence as a location for a commercial event at residence to be held. It shall be prima facie evidence of a violation of this Code for an owner or owner's agent to advertise or hold out the property to be used as a location for a commercial event at residence. (a) A commercial event at residence held at a site that is: 1. Four (4) acres or greater in area; and 2. At a site that is zoned agricultural; or 3. At a site used for agricultural purposes must first apply for and receive a temporary use permit as prescribed by IRC Code Chapter 972 prior to conducting the commercial event at residence. (b) If the owner of the property is not on the premises at the time of a commercial event at residence, it shall be a rebuttable presumption of a violation of this section. (c) Notwithstanding the prohibition contained in paragraph (3) above, should this ordinance impair an existing contract for a commercial event at residence that is scheduled to be Performed prior to September 30, 2016, holding the commercial event at residence shall not be a violation of this Code so long as the contract documents are provided to the community development director by October 31, 2015. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2015-013, § 1, 9-22-15) Attachment 3 https:Hwww.murricode.comAibrary/fllndian river county/codes/code_of ordinances?searchRequest=%7B°/a22searchText°/*22:%22c=mercial%20eveW/`2Oat 2/2 160 i i I 1. For a vacation rental that has a carport or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one (1) automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 2. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two (2) automobiles plus one (1) automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area I 3. Ford all vacation rentals, all automobiles except for service and delivery vehicles shall be parked on-site and shall not be parked within a road right-of-way except within a designated and improved or stabilized driveway. Attachment 4 161 SHORT TERM VACATION RENTAL ADVISORY COMMITTEE The Indian River County (IRC) Short Term Vacation Rental Advisory Committee (STVRAC) met at 10:00 a.m. on Thursday, March 17, 2016, in the County Administration Building, Building B, 1800 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the agenda and the summarized minutes on the IRC website:www.ircgov com/Boards/Shorttermvacationrentaladvisorycommittee/2016. Present were: Chairman Glenn Powell, District 1 Appointee; Vice Chairman Joseph Paladin, District 2 Appointee; Joel Molinari, Sr., District 3 Appointee; Alan Curtis, District 4 Appointee; Glenn Heran, District 5 Appointee (arrived at 10:25 a.m.); Dr. Robert DeWaters, Jr., Member -at -Large Appointee and Angela Beckley Waldrop, Member -at -Large Appointee. Absent was: George Bryant, Member -at -Large Appointee Alternate (excused). IRC staff present were: Stan Boling, Community Development Director; Dylan Reingold, County Attorney, Bill DeBraal, Deputy County Attorney; Jason Brown, Manadement & Budget Director; Roland DeBlois, Chief Environmental & Code Enforcement; Commissioner Peter D. O'Bryan, District 4; and Misty L. Pursel, Commissioner Assistant, District 1 and Recording Secretary. Others present were: Leroy Smith, Indian River Sheriff Deputy; Mayor Jay Kramer, City of Vero Beach; Carter Taylor, Dan Lamson, and Honey Minuse, Indian River Neighborhood Association (IRNA); George Lamborn, Colleen Rosenbaum, Miles Conway, Herb Whitall, Joe Earman, Mark Bondy, Milt Thomas, Liza Green, Sharon Kramer and Bronia Jenkins, Interested Parties. Call to Order & Welcome Chairman Glenn Powell called the meeting to order at 10:00 a.m., and a quorum was noted. Approval of Minutes of February 11, 2016 — Action Required Dr. Miles Conway pointed out two revisions: (1) On Page 2, Under New Business, last paragraph of Mr. Conway's statement, add the word "houses" on the third line, after the word "boarding"; (2) On Page 5, first paragraph of Mr. Conway's statement, add the word "houses" on the third line, after the word "boarding". ON MOTION BY Vice Chairman Paladin, SECONDED BY Mrs. Waldrop, the members voted unanimously (6-0) to approve the minutes of February 11, 2016, as amended. Short Teem Vacation Rental/Unapproved March 17, 2016 C:\Users\stan\AppData\Local\microsoft\windows\Temporary Internet Files\Content.Outlook\3KNSCNNO\Minutes 3 17 16.docx Attachment 5 162 i New Business - Stan Boling, Community Development Director i a) Local License Fine Amounts (revised) - Action Required Mr. Stan Boling, Community Development Director, summarized his memorandum dated March 8, 2016, entitled "Re -consideration of Proposed Fine Amount for Local License Violations", with Attachment 1, providing overview and analysis concerning proposed fine amounts and citations for violations of county regulations for vacation rentals and commercial events at residences. A copy of the memorandum with attachments are on file in the Commission Office. Mr. Boling pointed out in the last STVRAC meeting in February, 2016, the committee reviewed a recommended revised schedule for citations and fines which added items to the existing fine schedule such as vacation rental parking violations, failure to maintain up-to-date rental manager contact information, and commercial event violations which will have a stringent fine. He reminded the Committee of the discussions regarding ' failure to obtain or maintain a County vacation rental license wherein the Committee asked for reconsideration of the fine amount proposed; hence, the proposed revision on Page 3 of the Citation Ordinance was increased from $25 per day fine to $100 per day fine. A lengthy discussion ensued by the Committee members and the general public regarding once compliance was reached, after having been allowed 30 -days to correct, and should the same violation repeat, the fine would start again, accumulating until the license was obtained, without an additional 30 -day warning. Discussion included debating a $100 a day fine versus $500 a day fine. Mr. Roland DeBlois, Chief Environmental & Code Enforcement confirmed the proposed revised schedule of fines was consistent with other County's Code Enforcement fines. He pointed out when Code Enforcement issued a renewal license violation, an additional 30 -day warning was provided, given the time frame of the license renewal (3 years); however, with a general violation such as a parking violation, should compliance occur one week and then the next week, violation occurs again, another 30 - day warning would not be given. He stated some discretion was provided as to the duration between warnings. ON MOTION BY Dr. DeWaters, Sr., SECONDED BY Mrs. 6 V V7 vt-e Waldrop, the members voted 5-1 (Molinari opposed) tou it adopted staff's recommendation for a 30 -day warning, S��zd then $100 per day for not having a license; not including any other violation. i b. Committee Recommendation on Ordinance Establishing Local License and Additional Regulations - Action Required Mr. Stan Boling, Community Development Director, summarized his memorandum dated March 9, 2016, entitled "Consideration of Proposed Ordinance Establishing a Requirement for a County Vacation Recital License and Vacation Rental Short Term Vacation Rental/Unapproved March 17, 2016 C•\Users\stan\AppOata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3KNSCNNO\Minutes 3 17 16.docx Attachment 5 163 Regilations", with Attachment 1 (draft Ordinance), providing overview and analysis concerning the Committees review and considerations of various issues, topics, and data 'related to vacation rentals over the past several months and 5 committee meetings effecting the proposed draft ordinance to be presented to the Board of County Commissioners (BOCC) for consideration. He reminded the Committee the proposed ordinance did not change the existing definition of vacation rental, the vacation rental parking requirements or the prohibition of commercial events at a residence, adopted by the B;OCC in September, 2015. Mr. Glenn Heran arrived at 10:25 a m. Chairman Powell suggested to break down discussions into two parts- (1) discussion regarding occupancy limits; and (2) review of all recommendations. .�t, g QC_. c �^ ON MOTION BY Vice Chairman Paladin, SECONDED BY ce- Dr. DeWaters, Sr., the members adopted staffs ►V, - recommendations, excluding the sleep occupancy limit portion of the proposed draft Ordinance. UNDER DISCUSSION, lengthy discussions ensued by the Committee members and the general public regarding additions and/or deletions to the proposed draft Ordinance. ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Curtis, the members voted unanimously (7-0) to delete Section 1, Item 7.6 regarding posting of "Walk-in clinic information" of the proposed draft Ordinance. ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Curtis, the members voted unanimously (7-0) to direct staff to reword Section 1, Items 6.d and 7.4, by including reference with Chapter 974 regulations compliance, and to include a brief description of day and night decibel levels and the no disturbance hours. ON MOTION BY Mr. Curtis, SECONDED BY Mr. Molinari, the members recommended staff to add a requirement for a Carbon Monoxide detectors for interior gas appliances. � tines, A WA UNDER DISCUSSION, a statement was made by Mr. Taylor regarding the definition of a public lodging establishment. Dr. Conway announced he had a'statement to be read into the record; however, he wished to reserve the statement for the end of conversation. Short Term Vacation Rental/Unapproved March 17, 2016 C:\Users\stan\NppOata\LocaMAicrosoft\Windows\Temporary Internet Files\Content.Outlook\3KNSCNNOWIinutes 3 17 16.docx Attachment 5 164 THE CHAIRMAN CALLED THE QUESTION, and the Motion passed 5-2; Heran and Waldrop opposed. THE CHAIRMAN CALLED THE QUESTION, regarding overall staff recommendations to the proposed draft Ordinance, and the Motion passed unanimously 7-0. Lengthy discussions ensued by the Committee members and the general public regarding the number of sleeping occupants per bedroom allowed, the definition of an adult; whether to consider the property size of the residence when determining occupancy limits to ensure quiet enjoyment in a residential neighborhood. ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Heran, the members recommended the occupancy limits be set at two adults per bedroom, plus two adults, not including children under 12. UNDER DISCUSSION, opinions were voiced regarding total occupancy not regulated, whether occupancy limits complied with septic tank standards, impacts of short term rentals on neighborhoods, occupancy regulated by heads on beds and the age limit of a child. ON MOTION BY Vice Chairman Paladin, SECONDED BY Mr. Heran, the members voted (2-5; Powell Molinari, Curtis, Waldrop and DeWaters opposed) which FAILED DUE. TO THE LACK OF MAJORITY, to recommend the occupancy limits be set at two adults per bedroom, plus two adults, not including children under the age of 16. �/0- ON MOTION BY Vice Chairman Paladin, SECONDED BYo`n Mr. Heran, the members voted unanimously (7-0) to Q",c� recommend the occupancy limits be set at two adults cV 4.1 per bedroom, plus two adults, not including children under the age of 18. Dr. Conway read a statement of disagreement into the record. A copy of the statement is on file in the Commission Office. ' Mr. Heran left the meeting at 11:50 a.m. 4 Short Term Vacation Rental/Unapproved March 17, 2016 C•1Users\stan\AppData\LocalWicrosoft\Windows\Temporary Internet Files\Content.Outlook\3KNSCNNO\Minutes 3 17 16.docx Attachment 5 165 Other Business — Joe Paladin, Vice Chairman a) Recommendation on "Progress Report" Two Years After Adoption of New Ordinance �_L� v� ON MOTION BY Vice Chairman Paladin, SECONDED BY I Mrs. Waldrop, the members voted unanimously (6-0) to recommend staff bring back to the Board of County Commissioners one-year after adoption, a comprehensive review of the regulations this Committee has recommended. Other Matters i Mr. George Lamborn read into the record a Statement. A copy of this Statement Is on file in the Commission Office. Adjournment There being no further business, the meeting adjourned at 12:07 p.m. No further meetings were scheduled for the Short Term Vacation Rental Advisory Committee. 5 Short Term Vacation Rental/Unapproved March 17, 2016 C-\Users\stanWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3KNSCNNO\Minutes 3 17 16.docx Attachment 5 166 ORDINANCE 2016 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); -ESTABLISING REQUIREMENTS FOR A COUNTY VACATION RENTAL LICENSE AND OTHER VACATION RENTAL REGULATIONS BY CREATING ZONING CODE SECTION 911.15(9); AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICAITON; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING BE AMENDED AS FOLLOWS: SECTION #1: Zoning code section 911.15(9) is hereby created to read as follows: (9) Vacation rental local license and regulations (a) The owner of a vacation rental unit shall obtain from the conununity development department a vacation rental license. A separate license shall be required for each vacation rental unit. Each license shall be valid for a period of three (3) years from the date of issuance unless terminated by the owner or revoked by the county, and each license may be renewed eve three 3) years upon approval by the community development department. A license may be transferred to a new owner upon submission of updated license information and execution of and assumption of license obligations and conditions on a form provided by the community development department. 1. A license application shall be submitted to the community development department on a form provided by the department. 2. License application review shall be managed by the community development department in coordination with other county departments local agencies and state agencies. 3. Prior to issuance of a license or a license renewal, a county code enforcement officer shall conduct an inspection of the vacation rental unit for compliance with the requirements of this section of the zoning code [911.15(9)]. (b) License application submittal requirements are as follows: 1. Rental unit manager contact information (cell phone number, email address, mailing address). 2. Documentation that the applicant has obtained the following a. State license for vacation rental unit b. Local business tax receipt from the Tax Collector c. Local tourist tax account from the Clerk of the Circuit Court Attachment 6 WAGENDMCurrent Year\2016\Recommended Vacation Rental Ordiance - attach 6 041216 BCC.docx 167 ORDINANCE 2016- 3. Parking compliance information: number of garage and/or carport spaces { number of rental unit bedrooms, maximum number of automobiles allowed outside of gars eg /carport, location of spaces accommodated on improved or stabilized driveway. 4. Verification that state license fire protection items have been provided in the vacation rental unit: smoke alarms, emergency lighting, fire extinguisher. 5. Unit interior under air information: number and dimensions of bedrooms. 6. Acknowledgment form provided by the community development department, executed and dated by the rental unit owner and manager. The acknowledgment form shall provide information regarding the following counly requirements for vacation rentals. a. Prohibition on commercial events at residence (e.g. weddings) b. Special parking regulations c. Sea turtle protection regulations (for rental units located east of SR A -1-A) d. Noise regulations: Chapter 974 noise regulations which include day and night decibel level limitations and more stringent "no disturbance" requirements from 10 pm to 6 am e. Limitations on dock/boat use: (for waterfront rental units): no more than 2 boats moored per dock, dock used by unit owner or renter only, no live - aboard use; (all rental units): no more than 2 boats stored or parked per unit f. Fire safety requirements and maximum sleeping occupancy limitations g. Fines and citation penalties for violations 7. Acknowledgment that the following information will be posted or displayed inside the vacation rental unit prior to inspection of the unit by the county code enforcement officer: 1. Manager contact information 2. Maximum number of parked automobiles and boats, and approved parking locations 3. Trash and recycling pick-up days and protocol for placing and retrieving/storing containers 4. Noise regulations: day and night decibel level limitations and more stringent "no disturbance" requirements from 10 pm — 6 am 5. Location of smoke alarms, emergency lighting, and fire extinguisher. 6. Emergency room information 7. Sea turtle protection information (for rental units located east of SR A -1-A 8. Maximum sleeping occupancy (number of persons) 8. Application fee established by resolution of the Board of County Commissioners. Attachment 6 M:\AGENDA\Current Year\2016\Recommended Vacation Rental Ordiance - attach 6 041216 BCC.docx 1) 168 ORDINANCE 2016- (c): Vacation rental local regulations are as follows: 1. Parking and storage of vehicles shall conform to the requirements of zoning code section 911.15(4)(b). 2. Commercial events shall be prohibited in accordance with zoning code section 911.15(8). 3. The overnight total maximum sleeping occupancy of adults (18 years or older) at a vacation rental unit shall not exceed two (2) per bedroom plus two (2) additional adults. The unit occupancy limit confirmed by the county code enforcement officer shall be stated on the local license. 4. Fire protection items required for a state vacation rental license shall be provided in the vacation rental unit. a. In addition, a carbon monoxide (CO) alarm, when required under Section R315, Carbon Monoxide Alarms of the Florida Building Code — Residential, shall be provided. 5. Changes in the vacation rental manager and/or changes in the manager contact information shall be provided to the community development department within ten (10) days of the change. 6. The local license number, and the occupancy limit confirmed by the county code enforcement officer, shall appear or be stated in any vacation rental unit advertisement or any rental offering associated with a vacation rental unit. SECTION #2: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", 'or any other appropriate word. SECTION #5: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2016, for a public hearing to be held on the day of , 2016, at which time it was Attachment 6 M-\AGENDA\Current Year\2016\Recommended Vacation Rental Ordiance - attach 6 041216 BCC.docx 3 169 ORDINANCE 2016 - moved for adoption by Commissioner seconded by Commissioner and adopted by the following vote: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis i Commissioner Tim Zorc Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2016. I:• Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director Attachment 6 WAGENDMCurrent Year\20MRecommended Vacation Rental Ordiance - attach 6 041216 BCC.docx 4 170 REVISED SCHEDULE OF FINES AMENDMENT TO RESOLUTION NO. 92-59 and Resolution 2013-089 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES VIOLATION TYPE SECTION FINE' NOTICE TIME FRAMEZ Contracting Unlicensed contracting 400.01(1) $500 N/A Contractor advertisement violation 400.01(5) $500 N/A Licensed contractor or owner -builder hiring unlicensed contractor(s) 400.01(6) $500 N/A Uninsured contractor violation 400.05 $500 N/A Fraudulent license 400.07(1) $500 N/A Deliberate disregard of county contracting ordinance 400.07(6) $500 N/A Other contracting violations specified in F.S. Chapter 489 489.127(F.S.) 489.132(F.S.) $500 N/A General Debris burning w/o permit 925 $450 N/A Violation of issued burn permit 925 $300 24 hrs. Boat/trailer storage 911.15(7) $50 48 hrs. Commercial vehicle storage 911.15(3) $50 48 hrs. Occupancy w/o C.O. 914/401 $450 24 hrs. 'Each day the violation exists represents a separate violation. 2The notification time frame established herein may be waived if the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. 3The fine shall be $100 for those violations by a person who has previously been found through the Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwithstanding that the violations occur at different locations. FACommunity Development\Short Term Vacation Rentals\CitationFeeSchedule.rtf Attachment 7 171 REVISED SCHEDULE OF FINES AMENDMENT TO RESOLUTION NO. 92-59 and Resolution 2013-089 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES VIOLATION TYPE SECTION FINE' NOTICE TIME FRAME Building Code violation (w/o 401.06 $450 24 hrs. required permit) Industrial waste dumping 973 $450 24 hrs. Junk vehicle 91 l .l 5(4) $50 10 days Noise/vibration violation 974 $50 24 hrs. R.O.W. violations: - Vehicle 312.06(2) $50 48 hrs. - Sign 312.06(1)(g) $100 24 hrs. - Illegal Business 312.06(1)(m) $250 24 hrs. - Obstruction 312.06(1)(c) $100 48 hrs. - Illegal (non -waste) fluid 312.06(1)(e) $100 48 hrs. discharge 312.06(1)(k) $250 N/A - Work without proper traffic 312.06(1)(n) $250 N/A controls 312.06 $100 48 hrs. - Pa'rade without permit - Other R.O.W. violations Illegal sign: - Banner 956.12 $100 48 hrs. - Snipe sign - A -frame sign - Other portable sign Stormwater violation 930 $100 48 hrs. Vehicle parking & storage _ 911.15(4) $50 48 hrs. Sea turtle lighting violation I 932.09 $50 24 hrs. 'Each day the violation exists represents a separate violation. 2The notification time frame established herein may be waived if the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. 3The fine shall be $100 for those violations by a person who has previously been found through the Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwithstanding that the violations occur at different locations. FACommunity Development\Short Term Vacation Rentals\CitationFeeSchedule.rtf 2 I Attachment 7 172 REVISED SCHEDULE OF FINES AMENDMENT TO RESOLUTION NO. 92-59 and Resolution 2013-089 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES VIOLATION TYPE SECTION FINE' NOTICE TIME FRAME Fertilizer and Landscape Management violations: Timing of fert. app. vio. 316.3 $503 N/A Fertilizer -free zone vio. 316.4 $503 N/A Fertilizer content/app. vio. 316.6, 316.7 $503 N/A Application practices vio. 316.8 $503 24 hrs. Grass clippings/debris vio. 316.9 $503 24 hrs. Comm. license/cert. vio. 316.13 $500 N/A Vacation Rental Vehicle parking violation 911.15(4) $50 per vehicle per 24 hrs.* occurrence per day for first violation; $100 per vehicle per occurrence per day for repeat violations Failure to obtain or maintain a 911.15(9) $'fQ0 per day per 30 business days* county vacation rental license vacation rental unit Contact information update violation 911.15(9) $100 per violation 24 hrs.* Commercial Event Commercial event at residence 911.15(8) $1,000 per event for 24 hrs.* Note: due to Florida law, fines first violation; exceeding $500 are assessed through $5,000 per event for the Indian River County Code repeat violations Enforcement Board and not by means of a citation issued by a code enforcement officer. *First and only warning for any given vacation rental unit or single-family residence 'Each day the violation exists represents a separate violation. 'The notification time frame established herein may be waived if the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. 'The fine shall be $100 for those violations by a person who has previously been found through the Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwithstanding that the violations occur at different locations. F1Community Development\Short Term Vacation Rentals\CitationFeeSchedule.rtf Attachment 7 173 I Page 1 of 3 Statement Statement of George D. F. Lamborn, President, The South Beach Property Owners Association, Inc. to the Board of County Commissioners, Indian River County, April 12, 2016. Mr. Chairman, members of the Board of County Commissioners, I am George Lamborn, the President of The South Beach Property Owners Association. SBPOA was formed almost twenty-five years ago to safeguard the interests of the 2,618 property owners and 3,280 voters of the South Barrier island, unincorporated Indian River County, whose property is collectively worth by conservative estimate some $1.4 billion. Now, when proposing the formation of the Short Term Vacation Rental Advisory Committee, Commissioner Solari stated: The reason 1 wanted a Short Term Rental Committee is because I wanted a dialogue. 1 wanted citizens in the Community to get together over a period of time and flesh out the issues. 1 want to have a search for Truth, whatever that Truth is. But We're not going to get it with a Pro -Team and an Anti -Team and see who wins the game. What we need to do is to have a community conversation. The organization I represent is the "Community" part of that "Community Conversation." Like your Short Term Vacation Rental Advisory Committee, the Board members of the SBPOA are volunteers, but in our case, we have no professional or financial interest in the recommendations we make. We donated our personal time to study the issues, follow the proceedings of the Short Term Vacation Rental Advisory Committee, and reasonably expected to be able to exercise our First - Amendment right to speak freely to the issues in a public hearing. Now that this Committee business is, mercifully, concluded, we would very much like the Board of County Commissioners to hear --and listen --to what we have to say. The Truth is that The South Beach Property Owners Association, the Indian River Neighborhood Association, and the North Beach Civic Association represent the interests of the 99% of property owners who own their properties for no other reason than the quiet enjoyment of a residence, and whose quality of life, and property value, is at risk from commercialization of neighborhoods. And the Plain Truth is your hand-picked Short Term Vacation Rental Advisory Committee was dominated by short term rental operators and advocates for anti -regulation. It was a "Pro- Team"—if ever there was one --for the 1% of residential property owners with an interest in commercializing our residential neighborhoods. i South Beach Property Owners Association, Inc. • P. O. Box 643093 • Vero Beach, FL 32964 113A- 1 Page 2 of 3 A "dialogue" has to have two sides. When the "Pro -Team" has the microphone for almost 2 hours, and we get—between all of us -15 minutes to object, you cannot seriously consider this a "search for the Truth" to use Commissioner Solari's words. Given the very limited time we were afforded to speak, and suffering through innumerable interruptions from the Chair, we decided the only way to get our message across was to craft carefully -written Statements. I must note that we requested our concluding written Statements to the Committee be made part of the Record, as is customary. We were dismayed to find that the Carefully -crafted Statement that I submitted, and read into the record, as well as those of Dr. Conway, and verbal remarks by Mr. Taylor, were all air -brushed out of the written record. So when we have been afforded a very limited chance to speak, our words have been redacted from the written Record. I know something about chairing a committee --I chaired a committee or two during my career on Wall Street. One of them was called the Futures Industry Association, FIA. Another was called the National Futures Association, NFA. • The Chair of your Committee was incapable of rendering impartial rulings due to his personal conflict of interest as a vacation rental operator, and as a long-time advocate I f the industry. • On top of this, the Chair of your Committee rained scorn on our observations and objections, and we were not treated with due respect. • In many cases, your Committee made recommendations in the absence of essential information. SBPOA and IRNA have attempted to share data and analysis with the Committee, and the Committee expressed no interest in our research and findings. • Our analysis and recommendations seem to have had little, or no impact on this Committee whatsoever. Did we, the Public get what we were promised from this Committee? In short, I must conclude the answer is a categorical 'No.' You have allowed the Tail to Wag the Dog. In conclusion, the work product of this Committee is tainted. You can't use it. You have to start over. Now the only way you can make good on your promise is to put Planning and Zoning on it, and allow them to start with a clean slate. Do not narrow their scope of inquiry based on the STVR Committee recommendations. No matter what the Legislature has done, or what you will do with this, this issue will not go away because it involves a taking of property rights –the most basic right—that of quiet enjoyment—from the 99%, in order to benefit the 1%. And that math does not portend well for the public perception of what you have done so far. South Beach Property Owners Association, Inc. 0 P. O. Box 643093 0 Vero Beach, FL 32964 "We respectfully disagree with the March 9, 2016 staff recommendations contained in the Proposed Draft Ordinance Zoning Code Section 911.15 and in particular but not limited to: (1) §9(a) Length of License (2) §9(a)3 License Inspection (3) §9(b)2 License Submittal Requirements (4) §9(b)4 Verification of State License Fite (5) §9(b)6(d) Noise Regiilations (6) §9(b)6(f) Fire Safety and Occupancy (7) §9(b)6(g) Fines and Penalties (8) §9(b)7(4) Noise Regulations (9) §9(c)3 Overnight Sleeping Occupancy (10) Numerous Other Omissions of Indian River County Public Lodging Establishments inter alfa Transient Boarding Houses and Transient Rooming Houses operating in bona fide residential neighborhoods for a variety of reasons, least of all due diligence. The reasons will be disclosed and presented to higher venues not compro- mised by its members having a conflict of personal financial interest and an a priori antipathy to- wards local government regulations. This reservation of comment and participation is not to be expressly or implicitly construed as engagement of any form in the present venue due to the fact bona fide residential property owners are entitled to a hearing and debate before a fair, balanced and unconflicted hearing outside the domain and control of the Indian River County rental lobby." L6 M,o /,' � ""-1 0` C&z -f i c/a 1 Co Old Business a. Update on Adopted Vacation Rental Parking Regulations Stan Boling, Community Development Director, summarized his memorandum dated November 5, 2015 regarding the adoption of Ordinance 2015- 014 establishing the County's definition of "vacation rental" and established special parking regulations for vacation rentals. A copy of which is on file in the Commission Office. Mr. Boling advised of a four-page vacation rental information packet was emailed to committee members and available on the County's website home page: www.ircgov.com. A copy of the packet is on file in the Commission Office. New Business a. Vacation Rental Local Licensing and Tax Compliance — Action Required Mr. Boling reviewed his memorandum dated November 4, 2015, providing background, analysis and recommendations; a copy of which is on file in the Commission Office. He summarized additional information contained in the memorandum Attachments, including Monroe County Vacation Rental Ordinance' and License Application Materials; Submittal & Recommendations from The Moorings Committee on Vacation Rentals; Excerpts from Existing Chapter 974 Noise Regulations; Excerpts from Existing Boat -related Regulations and Excerpts from Polk County Vacation Rental Guide. Ms. Honey Minuse asked whether licensing was going to be fee based; wherein Mr. Boling responded in the affirmative, saying the amount of staff time would be factored in and at the present time, there were questions and answers not known, such as whether there would be required inspections, who would inspect, etc. Chairman Powell noted vacation rental landlords pay 11 % lodging tax, making vacation rentals a revenue producer for the County. Ms. Colleen Rosenburg stated she had a major problem with the concept of anonymous complaints and some of the requirements of the property owner were unreasonable. Chairman Powell encouraged Ms. Rosenburg to attend next month's committee meeting wherein regulations would be considered. 2 Short Term Vacation Rental/Approved November 12, 2015 C:\Users\sjohnson\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.OuUook\N78NXF6W\Minutes 11 12 15.docx I "I ?) e) <:4- Commissioner O"Bryan — 10-13-15 at 12:03:22 "Dr. Conway, as it was my motion and it was made before we approved the Short Term Advisory Committee 1 do not have a problem with the committee taking a look at the Monroe County thing so as the maker of that motion 1 am satisfied we are moving forward on it and we will take p good look it and the but 1 am fine with the path itis taking,"" and shared thoughts and ideas on how staff could address them in the ordinance. The Chairman CALLED THE QUESTION and the Motion carried unanimously. MOTION WAS RESTATED by Vice Chairman Solari, SECONDED by Commissioner Flescher, to direct staff to draft an ordinance that would prevent commercial events at vacation rentals in single-family residential neighborhoods, defining specific events that are prohibited, include criteria for formal advertising, whether it be newspaper, internet or other prima facia evidence for the use of commercial activity, and include general criteria to enforce the ordinance. Following the Motion, Vice Chairman Solari stated that he wanted staff to bring the Ordinance back to the Board through the normal LDR amendment process. The Chairman CALLED THE OUESTION and the Motion passed unanimously. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Commissioner Zorc, to ask staff to review and analyze the Monroe County Ordinance on Vacation Rentals, consider the comments from the SBPOA, and bring it back to the Board for further_discussion.F� A brief discussion followed among several Board members regarding the Monroe County Ordinance being in compliance with Department of Environmental Protection and Health Regulations. Vice Chairman Solari read the Monroe County Ordinance and said he was not going to vote in support of this Motion. He found the Monroe County Ordinance to be incredibly onerous, and while Monroe County has certain specific aspects to its naturefor which it may be appropriate in that County, he did believe it was not appropriate for the unincorporated area of Indian River County. The Chairman CALLED THE QUESTION and the Motion carried, by a 3-2 vote (Commissioner Flescher and Vice Chairman Solari opposed). The Chairman called for a break at 1:42 p.m. and reconvened the meeting at 1:55 p.m. Board of County Commissioners Meeting May 5, 2015 Page 15 �� ` N�^� N�� N S'h:o.rtTermVa,,catio:,n 0�N N N��~N �N �~0N Advisory C . (STVRAC), � �N~^� N��~�x �°�~�o N N�� N��~�_��NN �� N NN�~N N� 0��0^� N�_�N N�� - - _ -- -- - - - - - - -_ - ^- --' --' _ - -- - - -- ` . , ' ^ . . . �B�� YT��|��[l�� ^� ' ^- ~ r~' '`~l7�^� '~ Q`�ac - ~_ x ~�~ ~- ' .., ......^. ...��. ��..��..."....,....^,. .........a�^..��^^. �~ ....^....,...~..,...~.. .....~....,..,.��...... '..............�..^.�.. ^^` 101 }��........~�'.. . ��. . ��" ��..��...��...�..��.~ �....,,.....^.^"....,.. .....*.........,.�.^.°.. ...^.^........,...^.*.^ ..,.,."...,............ �....^`....�^...�....�.. `^^'`^`````^^` .........,........^.... ^^^^`^^^`^^^^`^:^`^^^^^ �.,,......�....^.,.."..4 ...,...,^..^.^^.,,^..^,d "Vacation Rental": residential unit rented/leased more than 3 times/year for less than 3o days or advertised for rent for less than 3o days. ° o oa IRC Vacation Rental History • 198os — 2012: Not legally allowed based on code interpretation; less than 3o days treated as hotel/lodging • 2011: State pre-empted local government regulations; pre-existing local regulations grandfathered -in 112012: IRC code clarified by BCC: short- term rentals allowed, can be run well, o bring "out of the shadows" and et state o ahs g oa license os • 2012 -Present: Code Enforcement og received complaints about 18 potential o unlicensed vacation rentals: reported to �o t `b state'o Q •X015: BCC heard complaints about vacation rentals/commercial wedding events at residences: over -parking, over crowding; disturbance/nuisance •X015: BCC adopted two ordinances — Prohibiting commercial events at residences (allowed events already booked); use of 4+ acre agricultural sites withTUP — Special parking regulations: limits vehicles parked outside garage/carport: max 5 vehicles C"ZI 1 0 0 0 201.5: BCC established Vacation Rental Committee (STVRAC) — Determine need for additional regulations, make recommendations to BCC on rules and regulations — Sunset within 1 year or until tasks completed — Met 6 times (Oct zoss — Mar 2016) public meetings (all back-up and meeting materials on county website z05: BCC established Vacation. Renta], Committee (STVRAC) oao o Determine need for additional yob regulations ' make recommendations to BCC on rules and regulations ooa Sunset within 3. year or until tasks completed 0 Q Met 6 times (Oct 2015 — Mar 2016) �O public meetings (all back-up andoa t'o meeting materials on county website) Committe,e determi,ned additional vacation rental regulations neededi- keep unchanged "vacation rental,"defin,iti,on, prohibition on commercial events at residence, vacation rental parking 1 -imitations -Z • Proposed vacation rental ordinance • Proposed schedule of fines/citations for violations of vacation rental &00 commercial event at residence oa violations • Recommend "progress report,j. year after adoption of vacation rental ordinance P 41 ORDINANCE would require D o • County license, 3 years, inspection prior a: to initial issuance and renewals o� • State license, BTR, local tourist tax account obtained • State fire items: smoke alarms, fire o0 extinguisher, emergency lighting • CO detector o ORDINANCE would require • Manager contact (must be kept updated) • Posting/displaying safety and "good neighbor" information • Sleeping occupancy limit for adults (18+): 2 per bedroom + z Ex: 3 bedroom home: (2 x 3) + 2 = 8 adults max 6 bedroom home: (2 x 6) + 2 =14 adults max • Occupancy limit must appear on all ads and rental offerings FINES/ CITATIONS: One warning and then fines: ,0 0 • Commercial event at residence: sl,000:a ° o fine first violation; s5,000 per violation ° thereafter p° *Parking: o/ er vehicle er da 5 p p Y, 9° ss.00 per vehicle per day for repeat violations • License: sZoo per day after 3o business day "window" to obtain license A.o • Manager Contact: sioo per violation for gin contact information violation , D go ° D ° PROGRESS REPORT One year after adoption, staff to prepare and present"progress report" (evaluation) to BCC at a BCC meeting TODAY'S BCC MEETING 3.. Direct staff to initiate formal process to amend LDRs (adopt vacation rental 'o ordinance) — Schedule PZC hearing, then BCC hearing — Provide direction on initial changes, if any 2. Direct staff to present fines/citations resolution at time of BCC LDR hearing o w" 3. Direct staff to present a formal motion on progress report"at time of BCC LDR hearing oo' TO: i THRU: FROM: DATE: t SUBJECT: Indian River County, Florida Memorandum Joseph A. Baird, County Admini Jason Brown, Director, OMB Beth Martin, Risk Manager,�n April 4, 2016'' Request for Agenda; Property/Casualty Insurance 2016-17 1� e I Please consider the following for inclusion on the April 12, 2016 Board of County Commissioners' agenda. Background In preparation for the May 1, 2016 renewal, staff worked with Siver Consultants and Arthur J. Gallagher Risk Management Services, Inc. (AJG) to secure the most comprehensive, cost- efficient property and casualty insurance program for the County. On this first renewal of the five-year service agreement with AJG, we are pleased to present a program which once again reduces ,the County's coverage costs. Analysis Attached, please find the detailed Executive Summary prepared by Rozell Schnur, Client Service Executive, AJG. Several charts within the Executive Summary detail the various lines of coverage. Highlights of the renewal are: Property' : Total insured property values increased 2.8% for the 2016 renewal (2% was a cost of inflation increase) to $352,048,567.00 but the renewal premium rate per $100.00 in total value decreased 9.9% to $0.2608. This resulted in a 7.6% premium reduction, with $35,000,000.00 named storm limits, to $918,446.00, or a savings of $75,764.00 from the current policy. This reduction follows similar savings of 4% in 2013-14, 16% in 2014-15, and 17.67% in 2015-16. Additionally, the County has been offered a two-year rate guarantee, a reduced All Other Perils deductible, and a manuscript policy form among other enhancements. Casualty Package: In addition to a two-year rate guarantee, BRIT offered a 2.7% premium reduction for this package which includes excess general liability, auto liability, public officials liability, miscellaneous liability, employee benefits liability, law enforcement activities and EMS operations. Annual cost is $146,000. 174 1 Board of County Commissioners Page 2 of 4 April 4, 2016 i I Excess Workers' Compensation: The market for public employer workers' compensation is extremely limited due to fire and police exposures which are subject to presumption laws. Nevertheless, the renewal offers a two-year rate guarantee and a flat rate of $0.20975, with the same $650,000.00 self-insured retention as the current year. Cost for renewal is $154,745.00. Cyber Liability: The County initially purchased this coverage in 2014, and the renewal premium of $17,226.00, or an increase of $185.00 includes coverage for contractual assessments, fines and penalties due to a security breach and non-compliance with the Payment Card Industry Data Security Standard. Terrorism: Once again, renewal premiums have decreased. For the property program, a 7% reduction produced a premium of $11,387.00. For the liability program, a 20% reduction produced a premium of $18,995.00. Hull and Protection & Indemnity: While exposures remained the same, premium decreased 4% to $7,776.00 Boiler and Machinery: The County is in the midst of a three-year policy with Travelers but sublimits were enhanced with a premium reduction of 7.6% to $10,140.00. Inland Marine: While rates were decreased approximately 7.5%, the premium increased slightly due to a .10% increase in exposures. Renewal premium is $53,327.00, or a $295.00 increase over 2015-16J 1 Crime: As with Boiler and Machinery, this is a mid-term three-year policy with no changes to the $4,903.00 annual premium. Summary The proposed 2016-17 renewal has a premium reduction of $90,888.38, or 6.3%, with $35,000,000.00 Named Storm limits. Given this savings, and the two-year rate guarantee on major coverage lines, staff recommends the purchase of an additional $5,000,000.00 in Named Storm limits at a cost of $30,000.00, bringing overall savings to $60,888.38. This increase will align with the probable maximum loss from a 250 -year storm as detailed on Page 4 of AJG's Executive Summary. i 175 i Board of County Commissioners Page 3 of 4 April 4, 2016 Covera j e 2015 Expiring Premium 2016 Renewal Premium Property, ($200M limits & $35M Named Storm) . $1,004,212.38 $918,474 BRIT Package $150,000 $146,000 Excess Workers' Comp.* $149,513 $154,745 Cyber $17,041 $17,226 Terrorism Property $12,250 $11,387 Terrorism Liabili /NCBR $23,925 $18,995 Boiler & Machinery $10,984 $10,140 Inland Marine $53,032 $53,327 Hull and P&I $8,101 $7,776 Crime $4,903 $4,903 Total $1,433,961.38 $1,342,973 Property (Optional Quote- Additional $5M Named Storm Limits $12,987 $30,000 Total Premium with $40M Named Storm limits $11,542 $1,372,973 Historical Costs As stated above, the County's insurance premiums have decreased substantially over the last several years due to market conditions, aggressive marketing of the program by the broker, and strong risk control efforts of the County. The table below shows initial premiums for the last five years plus the recommended renewal. 176 Insurm!'Ce Costs Workers' Comp, Liability/ Package 2010-21111 $305,000 2011-2012 $267,000 2012-2013 $270,471 2013-2014 2014-15 $299,513 2015-16' $300,745 $402,770 EMT Liability $40,000 $29,580 $35,718 $36,225 Included above Included above Protective & Indemnity $8,147 $8,335 $8,910 $8,910 $8,101 $7,776 Property $1,350,000 $1,049,302 $1,346,292 $1,293,822 $1,004,212 $948,474 Boiler & Machinery $12,987 $10,858 $11,434 $11,542 $10,984 $10,140 Inland Marine $80,000 $60,800 $42,142 $49,267 $53,032 $53,327 Crime $9,754 $8,311 $8,419 $6,721 $4,903 $4,903 Terrorism - Property $30,000 $17,769 $18,000 $16,461 $12,250 $11,387 Terrorism - Liability $9,950 $7,461 $30,518 $28,992 $23,925 $18,995 Cyber $0 $0 $0 $0 $17,041 $17,226 Totals $1,845,838 $1,459,416 $1,771,904 $1,854,710 $1,433,961 $1,372;973 176 i I I i Board of County Commissioners Page 4 o'f 4 April 4, 2016 Funding Funding for insurance coverage is provided by the Self Insurance Fund, Other Insurance account (acct. number 50224613-034590). The Self Insurance Fund is an internal service fund that allocates charges to the County's user funds. The current year budget includes funding in the amount of $1,812,000 for excess insurance premiums. Recommendation Staff recommends that the Board approve the renewal and authorize staff to bind coverage for May 1, 2016 through April 30, 2017 with a current annual premium of $1,372,973 based upon the current schedule of values and coverage selections and approve the broker annual fee of $175,000. Approved for Agenda �oseph/A: Baird, County Administrator April 12; 2016 Attachment Indian River Admin. Legal Budget Dept. Risk Mgr Date 177 Indian River County BOCC Executive Summary Your Gallagher Team is pleased to present Indian River County with a comprehensive insurance proposal for the policy term 5/1/16 — 5/1/17. Market Conditions The insurance marketplace in the 4th Quarter of 2015 remains stable and competitive with the notable exception of the cyber liability and employment practices liability lines of coverage. 1) On average, property renewals in Florida for large municipal insurance schedules have ranged from 5%- 10% rate reductions. This is a result of increased capacity and capital entering the market, and the light CAT loss activity in the US over the past 8-9 years. 2) The market for General Liability and Auto Liability Coverage remains relatively stable with relatively flat rate changes and slight rate increases for accounts with adverse loss history. 3) In general, there is slight firming in the marketplace for Employment Practices Liability and Public Officials Liability as well as cyber Liability. These rates on average increased 5-10% for most accounts in 2015. 4) Excess workers compensation coverage has stabilized to a certain extent; however there are still limited markets willing to provide coverage to entities with Fire and Police exposures. While extremely firm over the past few years, the market for excess workers compensation coverage has slightly softened in 2015 and we have been able to secure rates averaging from flat to a 5% increase for accounts with good loss history. PropertV Gallagher approached 25 property insurance carriers in order to obtain the most competitive terms and pricing for Indian River County. In order to take advantage of current property market conditions we negotiated with the carriers to maximize the premium savings available to the County. Of the 25 markets approached, the majority of the markets could not compete with the current program nor the renewal program. Therefore, you will recognize the majority of the carriers from your current program. On the following page, please find the snapshot of the Property Program since 2009: 178 i Indian River County BOCC A -Date ; V 2010 5'1::011 5 '1t2012 5,--'1.!2013 511?2014 5112015 5(112016 5/1/2011 Total ia_arrableVabes 5426,623,7x0 53015891497 5331,436,7'34 5332426,422 5333,651,066 $342,345,764 $343,203,562 $352,048,567 Hurricane limit 535,000,000 SS0,000,000 550,000,000 -Named Storm Limit 53.5,000,000 525,000,000 535,000,000 S35,000,000 $35,000,000 .Total Limits ;Purchased: S175,000,000 5200,000,000 5200,000,000 5200,000,000 S100,000,000 S200,000,000 = 5300,000,000 $200,000,000 250 Tr. PML - R:Mfs 537,008,893 535,1003 $39.443259 S-39-260,026 SP,980,465 534,9.5,640 $34,333,563 IMS 5396,987 SS21.979 $866,813 $755,490 $613,338 5610,065 $687,059 ;Compme Rate1100 50,3300 50.4470 $0.3020 80.3958 S031S9 50.3519 SUM $0.2608 JotalBmPremium $1,412-500 SOK000 51,049:302 $0116, O S1 64,537 Sl?45O 5994?38 $918,446 Rate Variance 32.4-'% rate 335 rate 353% increase decrease increase 414 rate rtductcn7.13%rate reductionreducticn 17.67%rate 99% rate reducton .Premium Variance 25.1% premium 4.4%decrease 22.2736decrease increase 4.7% premium reduction even with 4%premium purchasing add] reduction SIM NS limit 5210,762 or 17 r9% premium reducticn $75,769 or 7.6% premium reduction 12009 - Property program included all values for property including tourers & contractors equipment andvehides. 2010 & 2011- Landmark ($150M XS $50M) exduded Flood, Earth Movement & Hurricane in their layer. 12012 - Landmark ($175M XS $25M) excluded Flood, Earth Movement & Named Storm. 2013 - Landmark ($175M XS $25M) excluded Flood, Earth Movement & Named Stomti 2414 Buildingvalues were increased by 2.5% and contents by 1.5% for inflationary purposes. Also secured 16% rate reduction which allowed the County additional ;money to purchase addrional Named Storm limits (total WM) while still reducing their overall premum. Final program still generated a savings of $59,537. 2015- ]3uilding values were increased by 2% to keep up with the cost of inflation. As you can see, Indian River County's total insured property values for 2016 increased from $343,203,562 to $352,048,567, a total increase of $8,845,005 or 2.8%. The main reason for the increase in value was that the County did increase their building values by 2% to keep up with the cost of inflation. We negotiated with the property markets to provide a renewal rate of $0.2608 per $100 in total insured Values, which is a rate reduction of 9.9%. The expiring average rate was $0.2897. The total annual base premium for the 2016-2017 policy term is $918,446 which is a cost savings of $75,764 (or7.6% premium reduction with the $35M total of Named Storm limits) as compared to the expiring Property premium of $994,238. I Please also note the above chart reflects the following: I • i 2015-2016: Rate reduction of 17.67%, which reflected the savings of $210,762 • 2014-2015: Initially a 16% rate reduction was negotiated and with this savings, the County purchased an additional $10M in Named Storm limits. Even with purchasing the additional Named Storm limits, a 7.13% rate reduction or a savings of $59,537 was still recognized • 2013-2014: Secured a 4% rate reduction which generated a premium savings of $51,463. As reflected in the above chart, the renewal rate of $0.2608 is the lowest rate since prior to 2009. 179 Indian River Countv BOCC Execultive Summary (Cont.) In addition to the premium savings, we were able to negotiate several major enhancements to the Property insurance coverage. i i 1) Two Year Rate Guarantee The rate guarantee is based on no material exposure change and the loss ratio remaining less than 40%. A copy of the entire agreement is contained within the Coverage Form included within the Proposal. 2) Reduced All other Peril Deductible from $250,000 to $100,000. 3) Deleted the Flood Zone V exclusion 4) Created a manuscript Coverage Form — Lexington, which has been the primary Property carrier for the County for years, decided to no longer provide the Hurricane Deductible. Westchester will now be the lead Property carrier in the Primary Property layer and our underwriter is Jim Aiken, who you may recall was our original underwriter with Lexington a few years ago. With this change in carriers, we found this to be an excellent time to create the Manuscript Coverage Form, which is easier to read, has fewer endorsements as well as provides broader policy terms and sublimits. We have included the 'draft' Coverage Form within the Proposal as it is still a work in progress. Some of the enhanced sub - limits include the following: Coverage 2015-2016 2016-2017 Limited Pollution Coverage $25,000 $100,000 under Decontamination & Cleanup Expense Piers, wharves & docks $250,000 Not limited to a sublimit but it should be itemized on the SOV — please revise the SOV if there are any not shown that the County would like to insure. Expediting Expense n/a $5,000,000 Debris Removal $7,500,000 $10,000,000 Fungus/Mold Resultant Damage $1,000,000 $2,000,000 Loss Adjustment Expenses $25,000 $1,000,000 5) Included a sublimit for Underground equipment of $500,000 regarding our discussions regarding the fiber optics. j 6.) Added the "separate unit of insurance" deductible — Previously, the deductible was based on the total insurable values as shown on the Statement of Values. Therefore, if a building was valued at $3,000,000 and contents were valued at $1,000,000, the Hurricane Deductible was based on the total of $4,000,000. F..ii�'F'.vYs*-+:i`:i • I Indian River County BOCC Going forward, the deductible will be based as follows: For the purposes of these deductibles, the following shall be considered a separate Unit of Insurance: a. each separate building or structure b. the contents of each separate building or structure C. Personal Property in the open at each separate location d. Time element arising from each affected building or structure e. All other covered items In the same scenario as above, if the building values are $3,000,000 and the contents values are $1,000,000, the building and contents will have their own separate deductible. Therefore, if only the building was damaged, the deductible is based on the $3,000,000 value versus the total value of the location or $4,000,000. This is intended to lower the County's deductible overall deductible when the deductible is applied on a per unit of insurance event such as a Hurricane for Flood event. 7.) PML Report — Below please find the latest PML report for the County's exposures: Analysis Summary Hurricane (Incl Storm Surge) Indian River County BOCC has approximately $352 Million in values exposed to hurricane related events in the State of Florida. Figure 1-1 illustrates the probability of ground up losses exceeding various amounts due to one event in a given year, as described by the Occurrence Exceedance Probability (OEP) The 250yr event loss probability is commonly used by the insurance marketplace as a gauge for insurance pricing. Arthur J Crallagber Risk Management Services, Inc. Page 4 181 1 000 7 S64,820.164 0.20% 5500) 562,869.6142 I $57.831.200) S50,731,970 I 546,034,196 0.40% 250 542,341,179 $37,318.951 $34.333,563 $30,278,023 1.00%100 521.587,941 $16.583.699 517.397.969 514.328.240 2.00% 50 511,315,823 56,329,675 58.367.573 56.011,466 5.00% 20 $4.262.335 52.286.555 $1.743.830 $212.320 AAL $1.034.980 5760.704 5687.059 $518.800 Arthur J Crallagber Risk Management Services, Inc. Page 4 181 i Indian River County BOCC In contrast, below please find the same report for the 2015 renewal: I 0.10% c020°� 9,000 $81.503,700576,450,431 �$58.464,980 576.450,431 �S53,446,377 573,662,617695221052 z 5_68,606,5_98 =550,173,242 500 553,446,371 555,525,565 551,641,602 0.40% 250 539,876,331 $34,866,668 $34;866,668 $39,217,151 $36,029,708 $34,925,640 11.00% 8122.00% ~< 100 $19,735,903 514,732,497 514,732.497 S21,0411344 $18,635,477517,597,059 - .Y 50 $10,869,946 S6,587,359 $5,887,960 S10,534,676 $8,752,259 S_7,852.447 5.00% 20 $4,071,480 52,399,705 $2,127,442 52.267,542 $1.113,421 S508,597 AAL $977,1371 $733,9751 $706,222 $803.8921 $660.819 $610,065 Fiqure 1.1 As you can see, the RMS Gross Loss Ground Up was $39,217,151 for the 2015-2016 program while the 2016 model reflects $34,333,563. Optional Quote -$5M & $10M Excess $35M Named Storm. We received two quotes for the County to increase their Named Storm limits. To purchase an additional $5M in Named Storm limits, the additional premium is $30,000. To purchase yet an additional $51VI excess of $40M Named Storm limits, the additional premium is $27,500. Casualty Package BRIT is the current carrier for excess General Liability, Auto Liability, Public Officials Miscellaneous Liability, Employee Benefits Liability and Law Enforcement Activities. The General Liability coverage also includes EMS operations as well, which has a $25,000 self-insured retention. We discussed during the pre -renewal meeting that we would ask for a premium reduction, but if the premium remained flat that this program would still be competitive. We have negotiated the renewal with terms exactly as the expiring program. The renewal premium is $146,000 which is a $4,000 reduction in cost compared to the expiring policy premium of $150,000, which equates to a 2.7% premium reduction. In addition, we have negotiated a two-year rate guarantee for the Package Policy. On the following page, please find the terms of securing a two-year rate guarantee: Page 5 182 I Indian River County BOCC RATE AGREEMENT AND COMMITMENT FOR 2017 RENEWAL - INDIAN RIVER SOCC: In return for the Indian River Board of County Commissioners commitment to renew with Brit Global Specialty USA for their May 1, 2017 renewal, we will give our agreement to use a flat rate for the May 1, 2017 renewal premium. This agreement is subject to the following conditions: As of sixty days prior to the renewal date of May 1, 2017, the annual average incurred losses (including ALAE) to Brit Global Specialty USA's Package policies (2013-2015 years) is less than or equal to 50% of the combined gross premium for those years. Brit Global Specialty USA deem there is no material change in the physical and/or moral hazards of the Assured which significantly increases loss potential during this annual policy term or during the renewal term beginning May 1, 2017. Brit Global Specialty USA deem there is no material change to the terms and conditions, limits, deductibles, or policy language during this annual policy term or requested for or during the renewal term beginning May 1, 2017. A renewal statement of accurate exposures is provided to us no later than 30 days prior to the May 1, 2017 annual policy term. We have reviewed these above terms and believe you will be find them acceptable. Below please find the Package policy base premiums for the past few years for your reference. Summary of Base Premiums at a Glance: PolicyTerrri 5/1/2016-2017 5/1/2015/2016 5/1/2014/2015. 5/1/2013-2014 Base Note in 2014, the EMS coverage was removed from the stand-alone program and merged within the Package program. Lastly, $3,000 of Loss Control Resources is available to the County this year. As in past years, this is provided on a 50/50 cost sharing basis up to $3,000. We are hopeful the County will take advantage of this added service within the Package Program. Services where the County has received Loss Control Funds in the past include: • 2014/2015 — Bulli Ray • 2013/2014 - Samba Safety Artbur] Gallagber Risk Management Services, Inc. Page 6 183 ian River Countv BOCC Excess Workers Compensation The market for Excess Workers Compensation Coverage, while stabilizing, has limited markets willing to offer coverage to Entities with Fire and Police exposures which are subject to presumption laws. This is driving up the cost of excess workers compensation coverage. In many cases, excess carriers will not provide coverage below a $750,000 SIR for accounts with Fire and/or Police exposures. For the 2015 renewal, we provided the County with the option of lowering their SIR from $750,000 to $650,000 (except for $1M for USL&H & Jones Act), for which the County selected. Safety, National is the current carrier for this line of coverage and we were successful in negotiating the renewal at a flat rate of .20975 as per expiring program. In addition we negotiated a 2 -year rate guarantee at the same terms as the expiring program Negotiating a two year rate guarantee is a major enhancement that allows the County to have stability in rate and terms for the next two calendar years. Below please find the Workers Compensation Summary since 2014: As you can see above, the premium has increased from the expiring program by $5,232 or 3.5% and this is a direct result of the estimated payroll increasing by the same percentage for the renewal. The rate remained flat but the premium was adjusted due to the increase in payroll. In addition, we negotiated a reduction to the minimum earned premium this year. As you can see, in years' past, the minimum premium was the annual premium. Therefore, going forward, if the County has reported more payroll than the actual payroll incurred, a refund would be generated, but not for an amount less than the annual minimum earned premium of $139,271. Please note there are conditions for the Rate Guarantee and these are noted below: CONDITIONS FOR RATE GUARANTEE: 1) The treatment of Allocated Loss Adjustment Expense with respect to the SIR and Limits must remain thesame as expiring per the 2016 Policy Period bound with Safety National. W" kir.,t"c fes_,' i4r HIM x_01632017 X2015=2016_ - z. t20T442015 Deductibles: USL&H & Jones Act $1M $1M $1M All Other Payroll $650,000 $650,000 $750,000 Employers Liability Limit of Liability $2,000,000 $2,000,000 $2,000,000 Specific Limit Statutory Statutory Statutory Deposit Premium $154,745 $149,513 $179,408 Minimum Premium $139,271 $149,513 $179,408 Rate_per $100 of Payroll $0.20975 $0.20975 $0.2628 Payroll $73,776,152 $71,281,306 $68,267,867 As you can see above, the premium has increased from the expiring program by $5,232 or 3.5% and this is a direct result of the estimated payroll increasing by the same percentage for the renewal. The rate remained flat but the premium was adjusted due to the increase in payroll. In addition, we negotiated a reduction to the minimum earned premium this year. As you can see, in years' past, the minimum premium was the annual premium. Therefore, going forward, if the County has reported more payroll than the actual payroll incurred, a refund would be generated, but not for an amount less than the annual minimum earned premium of $139,271. Please note there are conditions for the Rate Guarantee and these are noted below: CONDITIONS FOR RATE GUARANTEE: 1) The treatment of Allocated Loss Adjustment Expense with respect to the SIR and Limits must remain thesame as expiring per the 2016 Policy Period bound with Safety National. W" kir.,t"c fes_,' i4r HIM I Indian River Countv BOCC 2) No certified "act of terrorism", as defined under the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization of 2015 ("TRIPRA"), occurs during the 2016 Policy Period. 3) No significant change in exposure as applicable to the type of policy with "significant" being understood to mean a 15% change in exposure for any of the Policies over that for the 2016 Policy Period bound with Safety National. 4) No significant change in underwriting exposure through development of, or acquisition of, non-core business, with "significant" being understood to be a change that is in excess of 5% for any Policy over that in place for 2016 Policy Period bound with Safety National. 5) Nonmaterial adverse change in the financial condition of the Insured, as determined by Safety National, over the 2016 Policy Period. 6) NoJndividual incurred loss during the 2016 AND/OR 2017 Policy Period for any of the Policies to exceed 50% of that Policy's applicable SIR/Retention amount with such losses to be valued as of 1/1/2017 AND/OR 1/1/2018. The parties understand and agree that, if all the above stated conditions are not met as applicable to a particular policy period renewal, the Premium Rate per payroll/exposure for the 2017 Policy Period shall not be subject to any limitation nor guarantee with respect to rate increases. We don't believe these conditions to be unusual for a rate guarantee. Cyber' Liability Illinois National has written the County's Cyber Liability program since the coverage was originally purchased in 2014. Below please find a snapshot of the current and the renewal program: item! Total Policy Aggregate Illinois National 15-16 $1,000,000 •. $1,000,000 Option $1,000,000 Breach Response Limit (Event Management) $1,000,000 $1,000,000 $1,000,000 Cyber Extortion Limit $1,000,000 $1,000,000 $1,000,000 Business Interruption Limit (Network Interruption) $0 $0 $1,000,000 Media Liability Limit $1,000,000 $1,000,000 $1,000,000 Regulatory Liability $1,000,000 $1,000,000 $1,000,000 Security and Privacy Liability Limit $1,000,000 $1,000,000 $1,000,000 Crisis Fund Insurance (Reputation Guard) $50,000 $50,000 $50,000 PCI Fines N/A $250,000 $250,000 Retention $25,000 $25,000 $25,000 Arthur J Gallagher Risk Management Services, Inc. Page 8 185 I Indian River County BOCC business InterruDtion aitinizerio ours As you can see above, renewal option 1 has increased by $185, but has provided additional coverage for PCI Fines. PCI fines and assessments are basically coverage for contractual assessments, fines, and penalties due to a security breach and non-compliance with the Payment Card Industry Data Security Standard (PCI -DSS). •� In addition, we have provided an optional quote (2) which includes coverage for Business Interruption. Basically, the Business Interruption & Data Recovery - Expenses to recover data and loss of income from a security failure on an insured's network. Terrorism The Coverages remain the same as the current program and decreases in premium were obtained this year for the Property Terrorism. Please note that the deductible has decreased from $100,000 to $10,000 while still securing a reduction in premium. We have secured options for the County for the Liability & NCBR Terrorism programs as outlined further below: TERRORISM PROPERTY PROGRAM: Policy Term ' 20142015 '. �.� -- 2035-2016. "A ` 2016-2017 . � F. a ar ance�:�;. - Base Premium $15,195 $12,250 $11,387 -$863 or 7% reduction Total Insurable $362,661,164 $370,177,549 $381,920,222 $11,742,673 or 3% Values increase Limits $10M occurrence / $10M occurrence / $10M occurrence / Purchased aggregate aggregate aggregate Deductible $100,000 $100,000 $10,000 Reduction in deductible Arthur J Gallagher Risk Management Services, Inc. Page 9 186 Indian River County BOCC TERRORISM LIABILITY & NCBR PROGRAM: -Q,064cyTerm ' 201WOM,- 2015=2016 T 2016-2017 t '.Variance . i v- Base Premium $29,225 $23,925 Option 1: $18,995 Option 1: -$4,930 or Option 2: $22,794 20% reduction. Option 2:-$1,131 or 4.7% reduction Total Insurable $362,661,164 $370,177,549 $381,920,222 $11,742,673 or 3% Values increase Limits $10M Property $10M Property $10M Property Purchased $3M occ/$6M $3M occ/$6M $3M occ/$6M aggregate Liability aggregate Liability aggregate Liability Deductible $100,000 $100,000 Option 1: $65,000 iretention Option 2: $25,000 retention Please note that if the County elected to keep the $100,000 retention for the Terrorism Liability & NCBR coverage, the premium would be the same as the option 1 with the $65,000 retention. Hull & P&I The exposures remained the same as the current program. Premiums have reduced by $325 or 4% from the expiring program and these are outlined below: Arthur J Gallagher Risk Management Services, Inc. Page 187 Indian River County BOCC Boiler and Machinery We have negotiated with Travelers and have enhanced several sub -limits for the County this year. You may recall that we were in the midst of a three-year Program but were successful in negotiating this coverage with Travelers. The following are the major enhancements to the renewal program: :'2015-2016 .• Su -.11imi6 limits $10,000,000 Dependent Property Coverage Extension $250,000 Electronic Data or Media Extension $1,000,000 $5,000,000 Fungus, Wet rot & dry rot $15,000 / 30 days $100,000 and 60 days Hazardous Substance Limitation $2,000,000 $10,000,000 Ordinance or Law $1,000,000 $10,000,000 Unnamed Locations $1,000,000 Included in total limit per Breakdown Business Income Value $3,298,546 $10,000,000 In addition, we were successful in reducing the premium from $10,984 to $10,140 (a 7.6% reduction) even ;with the increase in building & contents values (3%) and enhancing the sub -limits as outlined above. i Inland Marine — vehicles and contractors equipment I There are no material changes in coverages for the 2016 renewal. The limit remains at $15M which we were successful in negotiating last year. Overall, the rates have decreased approximately 7.5% with a slight, overall premium increase due to nearly a 10% increase in the exposures. Policy Term 2014 2015 2015:2016 ; 2016-2 17�G Variance �y0 MUM.01 Base Premium $45,854 $53,032 $53,327 $295 increase Policy Limit $10,000,000 $15,000,000 $15,000,000 Vehicle Values: $10,994,479 $12,728,963 $13,726,095 $997,132 or 7.8% increase Rate: $0.351 per $100 $0.3335 per $100 of $0.309 per $100 of -7.34% decrease in of scheduled scheduled values scheduled values rate values Contractors $3,821,526 $6,802,078 $7,647,360 $845,282 or 12.4% Arthur J Gallagher Risk Management Services, Inc. Page 188 Indian River County BOCC Equipment Values: $0.13 per $100 in $0.1235 per $100 in $0.1142 per $100 in increase Rate: f scheduled values scheduled values scheduled values 7.5% decrease in $149,513 $154,745 Cyber $17,041 rate Contractors $450,000 per item $450,000 per item $450,000 per item $23,925 Equipment Leased B&M $10,984 $10,140 Inland Marine or Rented $53,327 Equipment { Please note this policy is audited annually for the Inland Marine Contractors Equipment. Therefore, the carrier requires the final Contractors Equipment schedule as of 5/1/2016 along with confirmation of the Rental Expenditures. We have been using the rental expenditures of $150,000 for the past few years. Please advise if this amount remains accurate. Last year, the County elected to insure all scheduled contractors equipment. The vehicles are reported to the underwriter as they are reported to us. There have been a few changes to the schedule since originally submitted to the carrier, and therefore, the final premium would be adjusted accordingly. The only change at this point from the vehicle schedule is adding a new 2016 Gill bus valued at $407,330 along with approximately $35,000 in contractors equipment changes. Crime Last year coverage was placed with Massachusetts Bay Insurance Company. This policy was written on a three; year basis with annual installments payable. The renewal premium is $4,903 and there are no changes to the current three-year program. Overall Program Summary In conclusion, the total insurance premium cost for the County has been reduced by $90,888.38 (6.3%) in 2016 with the selection of all the coverages shown below and $35M Named Storm limits and $200,000,000 all other peril limits. The key driver for this savings is a large rate reduction on the property insurance renewal. Coverage 2015 Expiring Premium 2016 Renewal Premium Property ($200M limits & $35M Named Storm) $1,004,212.38 I $918,474 Package $150,000 $146,000 5 WC $149,513 $154,745 Cyber $17,041 $17,226 errorism Property $12,250 $11,387 Terrorism Liability/NCBR $23,925 $18,995 B&M $10,984 $10,140 Inland Marine $53,032 $53,327 Indian River CountV BOCC Hull & PT -1 8101 7776 Crime $4903 4903 TOTAL $1,433,961.38 $1,342,973 Property (Optional Quote - Additional $SM Named torm Limits): 30,000 otal Premium with $40M Storm limits 1,372,973 Named I If the'County would like to purchase an additional $51VI of Named Storm limits (bringing the total limits to $40M instead of $35M) it is an additional $30,000, but this purchase would still generate a savings of $60,888.38 from the 2015 — 2016 Insurance Program. Likewise, to purchase a total of $10M Named Storm limits excess of the currently purchased $35M Named Storm limits, the additional premium is $57,500 ($30,000 + $27,500). The County would still recognize premium savings of $33,388.38 from the 2015-2016 Insurance Program. We hope you are pleased with the results of this proposal and the level of detail and the competitive renewal program we have provided which demonstrates our commitment to providing the best possible value and service to you. We greatly appreciate the opportunity to be of service to you both and the County. Thank you! Rozell Schnur Michael Gillon Client Service Executive Area President Thursday March 25, 2016 I I Arthur). Gallagher Risk Management Services, Inc. Page 190 INDIAN RIVER COUNTY, FLORIDA I aFZ BOARD MEMORANDUM TO: Joseph A. Baird, fCounty Administrator 1 THROUGH: Christopher R. Mora, P.E. ( . Public Works Director FROM: James D. Gray, Jr. 40 Coastal Engineer SUBJECT: Work Order No. 12 CB&I Coastal Planning and Engineering, Inc. Sector 5 Beach Restoration Project — Design and Permitting Services DATE: April 5, 2016 BACKGROUND On March 19, 2013 the Board approved a contract with CB&I Coastal Planning and Engineering, Inc. (CB&I) for professional coastal engineering services in Indian River County for a two-year term, 2013-2015. On March 17, 2015, the Board renewed the contract until March 19, 2017. CB&I is the selected County consultant for professional coastal engineering services related to the Sector 5 Beach Nourishment Project. The Sector 5 project area is a 2.2 mile section of shoreline that extends from Tracking Station Beach Park south to the Gables Oceanfront Condominiums. The majority of the project area is located within the City of Vero Beach's jurisdiction with the exception of Tracking Station Park and the Florida Tech Marine Lab residing in the Town of Indian River Shores. Sector 5 is the most extensively armored (seawall) beach segment of shoreline within the County. Although, coastal armoring provides storm damage protection to upland development, it can also exacerbate beach erosional stress within the immediate beach system. Beach erosion is especially problematic as the Sector 5 beaches account for over 50% of the recreational value of the County beaches. A recommendation of the recently adopted update to the Beach Preservation Plan (BPP) (March, 2015) included a beach fill strategy for the beaches within the Sector 5 project area as way to preserve the environmental, recreational, and storm damage resiliency for upland infrastructure. DESCRIPTION AND CONDITIONS At the request of the Indian River County Beach and Shore Preservation Advisory Committee (Beach Committee), staff solicited CB&I to provide a scope of services cost proposal for the design and permitting of a Sector 5 Beach Restoration Project. The proposed Work Order No. 12 provides professional engineering services for the design and permitting of the Sector 5 Beach Restoration Project at a lump sum amount of $142,763.00. F•\Public Works\JamesG\Sector 5\CBI Work Orders\Sector 5 Design and Permitting agenda item CBI WO No. 12 -- 4-12-16.docx 191 Page 2 BCC Agenda Item Sector 5 Beach Restoration Project April 12, 2016 i I I Work Order No. 12 was formulated in a way that closely followed the coastal engineering analysis used to update the BPP. As such, proceeding forward with the Sector 5 design and permitting following the BPP update provides an opportunity to minimize repeating efforts and save costs. Work Order No. 12 tasks for the Design and Permitting of the Sector 5 Beach Restoration Project are outlined as follows: • Conducting a project feasibility and preliminary project alternatives analysis • Consultation with permitting agencies (FDEP and USACOE) • Developing a National Environmental Policy Act (NEPA) Environmental Assessment — required in order to document if the Sector 5 project will result in significant impacts to the natural, physical or social resources in the project area • Submittal of Joint Coastal Permit Application • Permit meetings and responses to agency Requests for Additional Information (RAI) During the March 21, 2016 Beach Committee meeting, staff discussed CB&I Work Order No. 12. The committee all agreed that a Sector 5 Beach Restoration Project was warranted and voted unanimously (12-0) to support approval of CB&I Work Order No. 12 to accomplish infrastructure restoration of the beaches in Sector 5. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. For FY 15/16, funding in the amount of $150,000 is budgeted and available for design and permitting of the Sector 5 Beach Restoration Project in the Beach Restoration Fund, Other Professional Services — Sector 5 Account No.12814472- 033190-15021. Although FY 2016/2017 Florida Department of Environmental Protection grant funding has not been appropriated for the Sector 5 Beach Restoration Project, design and permitting is eligible for 50% cost share reimbursement when State funds become available. F1Public Works\JamesG\Sector 5\C13I Work Orders\Sector 5 Design and Permitting agenda item CBI WO No. 12 -- 4-12-16.docx 192 Page 3 i BCC Agenda Item Sector 51BBeach Restoration Project April 12,2016 RECOMMENDATION The recommendation of staff is for the Board to support the Beach Committee's March 21, 2016 motion{to approve Work Order No. 12 to the contract with CB&I Coastal Planning and Engineering Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT CB&I Coastal Planning and Engineering, Inc. Work Order No. 12 1 original copy) PY) APPROVED AGENDA ITEM I FOR: April 12, 2016 I BY. X1 Indian River County Appro3wo Date Administration Budget et:( Legal Public Worksl/rw N16 Coastal Eng. Division JDA 41.511b F -\Public Works\JamesG\Sector 5\CBI Work Orders\Sector 5 Design and Permitting agenda item CBI WO No 12 -- 4-12-16.docx 193 WORK ORDER NUMBER 12 i SECTOR 5 BEACH RESTORATION PROJECT DESIGN AND PERMITTING SERVICES I i This Work Order Number 12 is entered into as of this day of , 2016 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of March 19, 2013 ("Agreement'), and amended March 17, 2015, by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and CB&I Coastal Planniniz & Engineering Inc f/k/a Coastal Planning&En ineering Inc ("CONSULTANT"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT CB&I Coastal Planning & En2ineerine. Inc. By: IN / iThomas P. ierr , . ., D.CE Title: Director Date: 4/5/16 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller (Seal) Deputy Clerk Approved: BY: 1V• �CLt1) �Ioseph Al. Baird, County Administrator Approveo as to. form nd legal sufficii/eicy: By: , \ , 0• William K. DeBraal, Deputy County Attorney 194 February 24,'2016 Revised March 24, 2016 Exhibit 1 James Gray Indian River County Public Works - Coastal Engineering Division 1801 27th St, Building A Vero Beach, FL 32960 I Subject: Work Order #12 Indian River County Sector 5 Sector 5 — Design and Permitting Dear James: CB&I Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Blvd Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.CBI.com Indian River County's Beach Preservation Plan separates the County's 22 miles of shoreline into sectors depending on physical attributes. Sector 5, located within Vero Beach, is the most extensively armored segment of shoreline within the County. While the existing coastal armoring provides storm damage protection to upland development, it can also exacerbate beach erosion. This is especially problematic because the beaches within Sector 5 account for over 50% of the recreational value generated by the County's beaches (CB&I, 2015). The 2014 update to the County's Beach Preservation Plan identified that it was cost-effective to maintain the beaches within Sector 5 based on the economic benefit associated with the recreational value. The County has expressed interest in maintaining the beaches of Sector 5 to preserve their environmental, recreational and aesthetic value along with providing storm damage protection to private and Countyl owned property. This proposal outlines a scope of work for CB&I Coastal Planning & Engineering, Inc. (CB&I), f/k/a Coastal Planning & Engineering, Inc. to provide services in support of design and permitting of a project for Sector 5 that aligns with the County's Beach Preservation Plan. i Task 1 — Preliminary Project Design and Feasibility Report The County's Beach Preservation Plan evaluated several beach management strategies (alternatives) including structural and non-structural options. Beach fill was identified as the most cost-effective strategy. In the initial phase of the design, available information will be evaluated in the development of the project size. The intent is to utilize available beach survey data from the County's most recent monitoring events (completed June and February 2015) as the basis for the initial design and permitting effort. Two fill templates will be evaluated that reduce the potential for adverse impacts to the hardbottom resources offshore of the project. One template will consider sand placement primarily on the dry beach, while the other will considered sand placement within the water. Because of the hardbottom constraints, 195 the overall magnitude of the project and the alongshore distribution of the fill templates will be considered. Avoiding hairdbottom impacts will expedite the permitting process and reduce the needed for mitigation. Storm protection benefits afforded by the project will be evaluated by using the SBEACH model. The calibrated SBEACH model setup from analyzes performed as part of the 2014 update to the County's Beach Preservation Plan will be utilized. Numerical modeling (i.e. Delft3D) in not included in this proposal. If numerical modeling is deemed necessary in evaluating the project and CB&I's services are requested, i separate work order will be proposed to the County. A feasibilityi analysis will be performed to evaluate potential upland sand borrow sources to be utilized for fill material. The analysis will evaluate various upland sand sources to identify the most economical and cost effective option. The upland sand sources, including those utilized for construction of the initial Sector 3 Beach Restoration Project and the Sector 3 Dune Repair Project, will be considered as they have been previously approved by the FDEP for grain size, color, and carbonate content. The presence of hardbottom resources and the minimization of impacts will likely limit the volume of sand that can be placed to construct the project. As a result, it is not anticipated that the size of the project will facilitate the use of offshore borrow areas. If offshore borrow areas are deemed viable and CB&I's services are requested in evaluating the borrow areas, a separate work order will be proposed to the County. Additional services not included in this scope of work may include, but are not limited to, reviewing areas previously identified and permitted by the County to determine the volume of beach compatibleisand available and their future viability, development of permit sketches, collect bathymetric surveys, and perform geotechnical investigations. The fill volt mes and upland sand borrow sources will be used to estimate construction costs and durations. The construction timeline will consider sea turtle nesting season and expected permit conditions. Deliverables CB&I will provide the County an electronic copy of the draft feasibility report for the County's review and comments. One (1) hard copy and one (1) electronic copy of the final feasibility report will be provided. Schedule The design' and evaluation of the potential options for Sector 5 project area will begin upon receipt of a notice -to -proceed. It is anticipated that 60 days will be required to complete the analysis and compose a feasibility report documenting the findings. At such time, a draft report will be provided to the County for its review and comments. Once the comments are returned to CB&I, the, final report addressing the comments will be submitted to the County within 15 days. Cost The cost to analyze the project area and compose a feasibility report is $32,248.00. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&I's agreement with Indian River County. 196 Task 2 — Joint Coastal Permit Pre -Application Meetings A Joint Coastal Permit (JCP) application will be developed and submitted to the Florida Department of Environmental Protection (FDEP) and US Army Corps of Engineers (USACE). We will request, prepare for, and lead,a pre -application meeting with the FDEP. This meeting will be conducted via teleconference. We will provide a summary of the project along with readily available information required by the permit application, much of which will be included in the Preliminary Project Design and Feasibility Report. If sand placement is confined to the dune and above mean high water (MHW), we will request that the FDEP expedite the permitting process by considering the project through a Coastal Construction Control Line (CCCL) permit. The purpose of the meeting will be to describe the proposed project and determine the agencies' requirements for the pending permit application. Available information will be presented to the agencies to determine the sufficiency of the information for permit file development. A separate pre -application meeting will be held with the Federal permitting agency (USACE) and Federal commenting agencies (USFWS, NOAA-NMFS). Again, we will request, prepare for, and lead the meeting. Meetings with the Federal agencies are generally conducted via conference call. Based on the results of the meetings, the extent of the permit application requirements will be determined. Deliverables CB&I will request, prepare for, and lead two separate pre -application meetings. Following the meeting, CB&I will compose minutes documenting the discussions and distribute the minutes to the County and the permitting agencies. Schedule The pre -application meeting will be held upon completion of the draft feasibility report. The intent is to conduct the meeting concurrently with the County's review of the report so the comments from the permitting agencies can be included in the final feasibility report deliverables. Cost The cost to facilitate and conduct the two pre -application meetings and compose minutes is $6,622.00. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&I's agreement with Indian River County. 197 Task 3 — Environmental Assessment The National Environmental Policy Act (NEPA) requires federal agencies to consider environmental impacts during their decision-making process for major federal actions. Since it is not anticipated that the Sector 5 project will result in significant impacts to the natural, physical or social resources in the project area`, it is expected that an Environmental Assessment (EA) will satisfy NEPA requirements, and that an Environmental Impact Statement (EIS) will not be required. Previously collected and available data will bei compiled to develop the EA. If necessary, the EA will consider and select measures for mitigating identified adverse environmental impacts. According to the CEQ regulations (40 CFR 1508.9) the required general content of an EA includes: • Purpose and need for proposed action • Description of proposed action and alternatives • Environmental consequences associated with the proposed action and alternatives • Listing of agencies and persons consulted i The organization of the EA plays a significant role in the overall quality of the document and its effectiveness in assessing environmental impacts. The following identifies the format of the EA and main sections: • Introduction — The introduction will identify the project need and provide a history of related actions. • Description of Proposed Action and Alternatives — The EA will contain a detailed description of the proposed action and alternatives to -fulfill the requirements of the purpose and need statement. There may be several action alternatives considered, as well as the "No Action" alternative. Action alternatives will be limited to those management strategies outlined in the County's Beach Preservation Plan. • Affected Environment — A description of the environment in which the proposed action and alternatives are to take place will be included in the EA. This section will describe current conditions and serve as a baseline against which to compare potential impacts of the alternatives. A project has not been previously permitted within Sector 5, therefore it should be anticipated that field investigations will be required in order to establish the baseline conditions. Field investigations will be proposed to the County under a separate work order once the necessary investigations are identified, • Environmental Consequences — The EA will describe and analyze the anticipated environmental effects, if any, of the proposed action and alternatives on the resources described under Affected Environment. Deliverables CB&I will provide the County an electronic copy of the document for the EA as outlined above. The EA will be included in the FDEP Joint Coastal Permit application to support construction of the project. 198 ------------ Schedule The EA will be completed within 60 days of completion of the feasibility report and receipt of data collected during field investigations (if required), whichever is later. As with the feasibility report, a draft EA document will be provided to the County for its review and comments. Once the comments are returned to CB&I, the final EA document addressing the comments will be submitted to the County within in 15 days. Cost The cost to develop an EA document is $44,408.00. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&I's agreement with Indian River County. i Task 4 — JIoint Coastal Permit Application It is assumed for the purposes of developing this scope of work that a Joint Coastal Permit application will be required. If the FDEP concedes to allowing a CCCL permit, then this item will need to be rescoped. A JCP application for a Federal Dredge and Fill Permit will be prepared and submitted to the FDEP for the proposed project. CB&I will act as the agent for the County throughout the JCP application process. We will fill out the application form and submit it to the County for original signature. We will provide responses to all of the questions included in the permit application, except as noted below, where we will coordinate the response with the County. We will coordinate with the County regarding the sovereign submerged lands application portion (questions 9, and 13 through 17) of the application. However, the County will be responsible for responding to this section including providing documentation of upland interest, documenting user fees, and developing a list of names of upland property owners within 500 feet. Item 17 deals with the sovereign submerged land lease, which CB&I will assist in developing the legal property description. We will coordinate with the County to provide written evidence that the project is consistent with the State - approved Local Comprehensive Plan. An Erosion Control Line (ECL) will need to be established for the project area. The County will be responsible for surveying, documenting, and adopting an ECL. No field work is included in this proposal. If CB&I's services are requested in establishing an ECL, a separate work order will be proposed to the County. We will incorporate topographic and bathymetric survey based on the physical monitoring being performed independently by the County (Morgan & Eklund). We will coordinate with the County's surveyor to fulfill the requirements for topographic and bathymetric surveys. Recent surveys are required to fulfill application requirements. We will develop signed and sealed permit sketches for the beach fill area based on the most recent surveys and the design fill template. 199 While construction plans are considered part of the JCP application, we will request that the FDEP require these as part of their Notice to Proceed item list. Development of final plans and specifications is not included in this proposal. If CB&I's services are requested for these items, a separate work order will be proposed to the County. Aerials collected by the County in the summer of 2015 and the edge of hardbottom delineated based on interpretation of those aerials will be used to support the permit application. We will develop a draft construction schedule for the County's review for inclusion in the permit application. We will coordinate with local upland sand mines to obtain sufficient geotechnical information to support the JCP application. We will develop a Sediment QA/QC plan as necessary. We will describe the natural community within the project area based on the Environmental Assessment. We will develop Biological, Physical, and Mitigation Monitoring plans as necessary. No additional field work is proposed as part of this effort. i We will coordinate with the County and Ecological Associates regarding sea turtle nesting data and any wildlife surveys conducted on site. This data will be incorporated into the permit application. No additional field work is proposed as part of this effort. We anticipate that this project can be covered by the Statewide Programmatic Biological Opinion (SPBO). We will coordinate with USFWS regarding any additional information required to apply the Biological Opinion. The SPBO does not include consultation on piping plovers. Separate consultation on piping plovers may be required. It is anticipated that consultation with National Marine Fisheries Service (NMFS) will be required in order to determine appropriate reasonable and prudent measures, terms and conditions and conservation measures for sea turtles, smalltooth sawfish, loggerhead critical habitat and listed coral species. We will explain how the project will affect the coastal system. It is envisioned that the Preliminary Project Design and Feasibility Report will provide much of the support for this portion of the permit application discussion. We will describe the envisioned construction methodology and how turbidity control measures will be instituted to minimize adverse effects to water quality. We will also explain methods to protect threatened and endangered species. The County will be responsible for the JCP application fee. This cost is not included in CB&I's cost for this work. We will follow guidance provided by the FDEP with respect to the filing convention and submittal requirements. We will follow-up with the FDEP to ensure receipt and distribution of the JCP application. We will also document the timeline for review and attempt to provide unofficial responses when and where possible to avoid Requests for Additional Information. 200 The FDEP and USACE will issue a public notice. The USACE will generally issue the public notice themselves but ask for assistance with ensuring the notice is correct. The FDEP will return a public notice and request that the County publish it in the local newspaper and then submit documentation that it was published. CB&I will coordinate with the agencies regarding the public notice. It is assumed that the County I has a contract with the local newspaper(s) and will address the FDEP publication 'requirements. . Deliverables The JCP permit application and the associated attachments will be submitted to the County and FDEP as follows. The permit application package will be prepared and submitted electronically to FDEP's FTP website. A hardcopy as well as* an electronic copy (CD's) of the application package will be provided to the County for its records. Schedule , It is estimated that 120 days will be required to complete the permit application and develop the necessary documentation once the pre -application meetings are held, data from necessary field investigations are available, and the environmental assessment (Task 3) is complete. Cost The cost to develop and submit the permit application package is $39,116.00. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&I's agreement with Indian River County. I Task 5 — Response to Requests for Additional Information The FDEP has 90 days to review the application and either issue a Notice of Intent to issue the permit or issue a Request for Additional Information (RAI). FDEP RAI's may also include comments from the Florida Fish and Wildlife Conservation Commission, other State agencies and the general public. The USACE does not have a timeline requiring their response but may also submit a request for additional information. USACE RAI's may also include questions from USFWS, NOAA-NMFS, other Federal agencies and the general public. Ideally, we will try to provide an unofficial response to the agencies by coordinating with them during the initial period of review. However, some questions may require an official, written response. We will attempt to consolidate the agencies RAI's into a single response. We will coordinate with the County on the extent of the response and what the implication may be to the permitting process and construction. Sometimes, the RAI will contain cost implications due to an expanded monitoring or mitigation requirement. We will draft a response and submit this to the County for review prior to submittal to the agencies with a copy to the County. 201 Coordination with the FDEP and USACE is currently proposed using teleconference capabilities. However, should issues arise that cannot be resolved via regular correspondence and conference calls, then CB&I would recommend that a face-to-face meeting be held with the agencies. Depending on the nature of the comments, the meeting might be in FDEP's offices in Tallahassee, the USACE's office in Cocoa or Jacksonville, or the USFWS office'in Vero Beach. CB&I will prepare for, attend and lead the meeting. Prior to arranging the meeting, CB&I will discuss the need for the meeting with Indian River County. Deliverables Response to the RAI's will be prepared and electronic copies of the response will be sent to the agencies and County CB&I will prepare for, attend and lead the face-to-face meeting. CB&I will develop meeting minutes and circulate these to all attendees. The minutes will be provided in PDF format. Schedule The schedule for the response to the RAI's and for the meeting is dependent on the extent of the questions. ;We will attempt to respond to the questions within 60 days of receipt of the RAI's. We will inform the County if we are unable to meet this schedule due to the extent of response required or the availability of meeting participants. Cost The cost to develop and submit a response to the RAI's and coordinate with regulatory agencies is $20,369.00. The cost includes one (1) face-to-face meeting with the agencies. We will coordinate with the County upon receipt of the RAI's and determine whether the cost included herein is representative of the extent of work required to develop the response. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&I's agreement with Indian River County. 202 Summary i The total lump sum cost to perform the proposed work is $142,763.00. CB&I will proceed with developing the project design and permitting the project upon receipt of a work order from Indian River County. We will proceed and work diligently to meet the proposed schedule barring any unforeseen circumstances. However, many aspects of the project permitting and agency review are outside the control of CB&I. The schedule for this proposal is dependent upon agency review and issuance of the requested permits. Thus, it is provided as a guideline. Deviations from the schedule or costs may arise due to unforeseen issues or permitting implications. CB&I will strive to maintain the schedule and costs as reasonably as can be expected. CB&I will coordinate with the County on the permitting progress and schedule. All work will be performed following provisions of the Professional Coastal Engineering Services Agreement (dated March 19, 2013) and Contract Renewal (dated March 17, 2015) between Indian River County and CB&I. Thank you for the opportunity to serve Indian River County. Please call me if you have any questions. I Sincerely, i David Swigler, P.E. Senior Coastal Engineer CB&I Coastal Planning & Engineering, Inc. AuthorizedCorporate Signature kor')," iP e, n-o Printed Name i Title Please Reply To: David Swigler Phone: 561.361.3172 E -Mail Address: David. Swigler _cbi.com cc: Thomas Pierro, P.E. D.CE, CB&I Sheri Dindial, CB&I Ann Range, CB&I 203 Exhibit 2 SPM REVISION: 2016" REV15.5 Release Date: .1/22/16 PROJECT NUMBER: 1006k_'�, ift %L PROPOSAL NUMBER: lioiwoikiijiooii.�' -------:---Date Pricing Model was Prepared: 12/23/16-,,.:,.,':..:' Project Estimate Summary By Task Sector 6 Design and Permitting 02/23/16 Task Number Task Name Labor Sub. Equipment Materials Other ODC's Travel Total Adjustments Total Project contractors Y $3f - 32;248:0W . fTa "A-- p • 6.622.00 $ $ $ 022.00' 6,622.001 $ $ $ $ 44,408.00 :",46100 39116.00 $ $ $ $ 39.116.60 39;116.00 j_.SR cspons?"tct;!�eclues!i, 18.753!00: $ $ 1.616.00. $ 20,369.00 20,369.00 t,7 $ 'Task!Name;TZ;�O .4, $ 8),!.- ask:Name $ $ X. '%Task Wime 9. 'H $ ri !.' is Sq ;icei� J1. Nat t�Y$ A�r. ny K, . .... .. B otals.. ME All Six;6;()O� I14216&W 'x142 7,8J:00' 4 k_J F.. N..bc CM3.73M3.FM.02300 Issue for Use: OD MMM YYYY Page I of 1 Ph Dylan Remgold, County attorney William K. DeBraal,'Deputy County attorney Kate Pmgolt Cotner; assistant County attorney ATTORNEY'S MATTER: 4/12/16 Of ce of /34 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: The Board of County Commissioners FROM: William K. DeBraal — Deputy County Attorney )� DATE: March 18, 2016 SUBJECT: Demolition Lien The County has demolished a dilapidated structure on the following parcel of property identified below: Property Owner Parcel Description Connie Clark 32-39-26-00002-0090-00005.0 (Lot 5 & N 12.5 ft of Lot 6, Block 9 Hillcrest Subdivision No. 2) 4481-4485 25th Avenue Cost $4,404.42 The next stepin the process is filing a lien against the roe for the costs of p 9 9 property rtY demolition. In accordance with County Code Section 100.080, the Board has passed a resolution to have the lien filed against the property for the costs incurred by the County in demolishing the unsafe structures. Notice of the proposed demolition lien was mailed to the party in interest, and, pursuant to our code, that party may now appear before the Board 'and be heard as to the amount of the proposed demolition lien. Approved for April 12, 2016 BCC Meeting Attorney's Matters OUNTY ATTORNEY Indian River Co. Ap oved Date Admin. - J Co. Atty Budget Department ! /E Risk Mgmt — — 1 205 i I Attached is the lien for the property that, if approved by the Board, will be recorded in the public records against the property. Also attached is the itemization of costs for the demolition. FUNDING: I Costs associated with this item are recording fees for recording the lien in the public records at a cost of $10.00. Funds for this expenditure are available in the MSTU Fund/Road & Bridge/Other Contractual Services, Account No. 00421441-033490. RECOMMENDATION: The County Attorney's Office recommends the Chairman allow the party in interest for the property to address the Commission and be heard on the amount of the proposed lien concerning the property. Following any comments, staff recommends approval of the lien amount and authorization for the Chairman to sign the lien for recordation in the public records. WKD/nhm Attachments: Lien Itemization of costs for the demolition cc: Scott McAdam — Building Official 2 206 This document was prepared by and should be returned to: Indian' River County Attorney's Office 1801 271 Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of April, 2016, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lot 5 and the North 12.5 feet of Lot 6, Block 9, Hillcrest Subdivision No. 2, according to the Plat thereof, as recorded in Plat Book 2, Page 92 of the Public Records of Indian River County, Florida. Parcel No. 32-39-26-00002-0090-00005.0 The name of the record owner of the above-described property is: Connie Clark THIS LIEN is filed against the real property to secure the payment of Four Thousand Four Hundred Four and 42/100 Dollars ($4,404.42), for the cost of demolition and removal of the nuisance structures. THIS LIEN shall, from the date of filing, accrue interest at the rate of five percent (5.00%) per annum, until the total amount, including interest, has been paid. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: 1 Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman Board of County Commissioners BCC%a��bZilg: AND L;:GAL S'UFFICi CY M. LL" K. i2f{tl AL OE?U',rC0U1tr.ATTGFN-� ;f The foregoing instrument was acknowledged before me this day of April, 2016, by Bob Solari, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. I NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: 207 COSTS FOR LIEN ATTACHMENT CALCULATIONS: Connie; Clark 4481 &;4485 2511 Avenue i INSPECTION SREPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED ($6.48 x 2) $ 12.96 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 I POSTAGE - CERTIFIED MAIL ($6.48 x 2) I $ 12.96 I RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $3,940.00 TOTAL COSTS: $4,404.42 208 Attornel!'s Matters - B. CC 4.12.16 Ofce of 1&3 INDIAN RIVER COUNTY Dylan Reingold, Count} Attornev William K. DeBraal, Deputy Count}• AttorneN Kate Pingolt Cotner, Assistant County• Attorney i MEMORANDUM I TO: 1 Board of County Commissioners FROM: I Dylan Reingold, County Attorney DATE: I April 4, 2016 SUBJECT: Report on Potential County -Owned Surplus Properties ATTORNEY On March ;15, 2016, the Indian River County Board of County Commissioners ("Board") directed County staff to report back to the Board within 30 days concerning the properties identified below. The discussion below outlines the research performed to date. Tracking Station Property In April, 1976, Indian River County obtained approximately 5.39 acres located adjacent to Tracking Station Beach Park (the "Subject Property"). In March, 1993, the Town of Indian River Shores (the "Town") obtained the land from Indian River County as part of a land swap involving Gifford Park. A portion of ;Tracking Station Beach Park lies between the Subject Property and the Atlantic Ocean. That portion of Tracking Station Beach Park lying east of the Subject Property was obtained from the United States in August, 1970 to be utilized and maintained as "a public park and public recreation purposes" in accordance with a Program of Utilization, a copy of which is on file with the Department of Interior and with the General Services Administration. The quitclaim deed is attached. Approved jorApril 12, 2016 BCC Meeting Attorney's Matters I� COUNTY ATTORNEY I i F-'.41om`v�LrrdoIGEVFRILIB CCAgrrda.ViS.ryfmP artlei.doc I Indian River Co. Admin. AQ r ved Date l% '% l(p Co. Atty. Budget Department y- f'-16 Risk Management --- --- 209 Board of County Commissioners April 4, 2016 Page Two The Subject Property has a future land use designation of OS/R, Open Space Recreation. An appraisal performed in February, 2016 indicated that the highest and best use for the Subject Property is for development of residential uses, either single family, low density multi -family use, or a mixture of the two. The appraisal valued the Subject Property at $7.7 million, based upon two hypothetical assumptions. The first was that the Town Council would change the future land use to allow low or medium density residential development. The second was that the portion of Tracking Station Beach Park lying between the Subject Property and the Atlantic Ocean could be purchased, or an easement granted in favor of the Subject Property. The cover letter from Stephen J. Boyle, MAI, to the Town, concerning the appraisal is attached. Indian River County has a first right of refusal to purchase the property if the Town of Indian River Shores decides to sell the property. On March 29, 2016, the Town Council discussed the appraisal and directed Town staff to work with the County concerning access from the Subject Property. I The County Attorney's Office seeks guidance from the Board as to whether to explore options with the federal government on the release of the restrictions. r Humiston Park Property There is a parking lot located on the west side of Ocean Drive across the street from Humiston Park in the City of Vero Beach ("Parking Lot"). On September 13, 1944, the City of Vero Beach passed Resolution 302 stating Ithat "Indian River County has acquired title to certain lands within said county, and including the lands hereinafter described, and the Board of County Commissioners of said county is authorized under such chapter to dedicate to public use and purposes any such lands by resolution duly adopted by said Board, and upon request by a proper resolution from a public board and when such lands are within the corporate limits of a municipality, upon the concurrence of the governing body of such municipality." A copy of Resolution 302 is attached. In that resolution, the City of Vero Beach requested the Board dedicate various parcels, .including the Parking Lot, for public use. The resolution specifically notes that Parking Lot was for "park purposes." On October 3, 1944, the Board approved a resolution in which the Board stated that it "does hereby dedicate to public use and purposes the lands herein described", which included the Parking Lot for park purposes. A copy of the Board resolution is attached. There is no evidence that the City of Vero Beach obtained fee simple ownership of the Parking Lot. The IndianRiver County Property Appraiser website indicates that the Parking Lot is owned by the City of Vero Beach. In October, 2013, Atlantic Coastal Land Title Company, LLC issued an Ownership Report to Treasure Coast Title Agency of Vero, Inc. indicating that the Parking Lot is owned by the City of Vero Beach "by virtue of Resolution recorded October 3, 1944 in Indian River County Commission Minute Book 3, at Page 150." A copy of the Ownership Report is attached. The Parking Lot is zoned P-2, Park. In October, 2013, Assistant City Attorney for the City of Vero Beach, Peggy Lyon, noted that the City has continuously financed the maintenance of the Parking Lot as an over -spill public parking lot for Humiston Park and has more recently used the Parking Lot as a public Farmer's Market on Saturday mornings. The City receives a fee for the Farmer's Market. F,Utrom*.1 do'!GF%TRVB CC.Igendn.%1,_S_ph,, No ,,dx 210 I - Board of County Commissioners April 4, 2016 Page Three I In April, 2014, Indian River County received Claimant's Notice of Potential Litigation Against Indian River County Board of County Commissioners Pursuant to Florida Statute 768.28 relating to an alleged slip and fall accident on or near the Parking Lot. In May, 2014, the County's Risk Manager, Beth Martin, had a conversation with the attorney representing the potential plaintiff, who indicated that a City of Vero Beach planner told him that the Parking Lot was County property. Later that same month, City Risk Manager David Cecchi told Ms. Martin that the matter was being handled by the City of Vero Beach as Mr. Cecchi claimed the City of Vero Beach owned the Parking Lot. The County Attorney's Office seeks guidance as to how the Board wishes to proceed with respect to clarifying the ownership issue pertaining to the Parking Lot. 161h Street Parking Lot Indian River County owns a substantial portion, if not all, of the parking lot located on the south side of 16`x' Street; between Old Dixie Highway and the railroad tracks. The parking lot lies in front of two properties. One property is owned by Shamay Company, LLC and the other is owned by Faulman Investment, Ltd. The Source Heaven Sent Thrift Shoppe is located on the property owned by Faulman Investment; Ltd. Presently, this parking lot is mapped by the Indian River County Property Appraiser and treated by the City of Vero Beach as right-of-way for 16`x' Street. In February, 2012, Shamay Company, LLC acquired the property from Vero Beach Broadcasters, LLC. Vero Beach Broadcasters, LLC had acquired the property from Sandab Communications Limited Partnership 11 ("Sandab"). In March, 1992, Indian River County entered into a License to Occupy and Improve County Property with Sandab (the "License") for that 0.14 acre portion of the parking lot located directly between the Sandab property and 16a' Street. Under the License, Sandab was granted the right of ingress, egress, parking, stormwater management, signage and landscaping. The License expired in 2012. A copy of the License is attached. In 2011 and 2012, efforts were made by the County Attorney's Office and the Public Works Department to enter into a license with Vero Beach Broadcasters, LLC. In April, 2012, William K. DeBraal, Deputy County Attorney, wrote to Jim Davis, Vice President/General Manager of Treasure and Space Coast Radio, stating that "County staff would be willing to recommend renewal of the license agreement for an additional ten year period with an annual license fee of $900 per year effective August 25, 2012." In May, 2012, Mr. !Davis wrote to Chris Mora, stating that "instead of cash advertising expenditures that the County be allotted an amount equivalent to the easement rent at no cost to promote important messages as Ms. Swan and Mr. Loar have chosen to do." A copy of the correspondence is attached. Efforts to renew the license were unsuccessful. Mr. Mora and Mr. DeBraal could not recall a license between Indian River County and Faulman Investment, Ltd. F'.�nomq+fida'GE\�R,11�B CC.igendu.VemnrSvrpfyr Avyrrrieadx 211 i Board of County Commissioners April 4, 2016 Page Four, The County Attorney's Office seeks guidance as to whether the Board wishes to consider entering into licenses with Shamay Company, LLC and Faulman Investment, Ltd. or whether the Board would be interested in a private sale of the parking lot to these two entities. Pursuant to Section 125.35, Florida Statutes, the Board can enter into a private sale if the property is an unbuildable lot or if the value of the property isi$15,000 or less, as determined by an appraiser. The parking lot lies within the City of Vero Beach and I is governed by City development regulations. John McCoy, County Chief of the Current Planning Section, coordinated with City of Vero Beach staff and believes that the property does not appear to be buildable, if created as a standalone parcel. Additionally, since the parking lot is right-of- way, it is not zoned, however the adjacent property is zoned industrial. Prior to any sale, County staff needs to ensure that there is no potential need for a turn lane or any other roadway improvements in this area. FUNDING. Any funds related to the disposition of these properties would be deposited into the General Fund unless other restrictions apply (e.g. potential Department of Interior requirements for the portion of Tracking Station Beach Park). RECOMMENDATION. The County Attorney's Office recommends considering the information outlined above and provide direction as to how to proceed with respect to these three properties. ATTACHMENT(S). Quitclaim Deed from United States to Indian River County, dated August 24, 1970 Letter from Stephen J. Boyle, MAI to Town, dated March 23, 2016 City of Vero Beach Resolution 302 Board Resolution, October 3, 1944 Ownership Report by Atlantic Coastal Land Title Company, LLC, dated October 11, 2013 License with Sandab, dated March 17, 1992 Letter from William K. DeBraal to Jim Davis, dated April 4, 2012 Letter from Jim Davis to William K. DeBraal, dated May 22, 2012 F'1Atto ,yLjnda'GB'ERAVB C ClAgndaAl—Sarplar Prop Hk dr 212 3/23J2016 Landmark Web Official Records Search � F 89232 0UMLA61- DEM, 010 :f. 1 i 1'l S'S 7. STATE OF GEORGIA' -J, (` it 114^31 tl.u." Il;i1:1 lu:.,l 0001 Y OF FULTON J THIS INDENTURE, made this the 24th day of Aii-tl. " 1470, be}ween the UNITED STATES OP AMr.RICA, acting by ;,ld"through the Administrator of W'doral SorviVos, under and lntrauutt in the" a powers and 6uthofity iontalnoil• in Cho provisions of Rul.lir 1,a 616, ,80th Congress, approbed Jtiuo 10, • 19•IU, j,a: ty .,f tl:.: i lrat -part, and INDIAN RIVER COU111,Y; •, Ful lttcnl suL.liviJori of the State- of Fldcida, party of the ceccntd par •' - ' 01TRESSF.TH1- r - i That the'pariy. of the first part, for ind in consldera= tion of the sum. of SEVFNTEBN T110USA11D. FIVE IRT tl1RED AND 110/100 DULIARs ($17,500.00) to it cash in li;ltid paid, the receipt of which is hereby aclmowledycd, and further, in cdnsideration.of _ the.perpetual use and maintenance of the property hereinafter doecritAo as And fni ubll , c. a. ,ark 1 l ;utd Public recrcaCfon.tT pur-poses, .all in aceoralance wt'tb.ntillsat.toit, r f lu.l. !larch 30, 1970 .and ;ipprnvud July 23,. 1'9'10, ,1 Cally ytL Ghtci, :aid PCograrii of Utilization U.; on fiIn in tlw Dgpart,aent of Ititurior, Duieau of outdoor 10cruat-ion;t:a pingSon, D: C.,, and iR 'too :office -of 6eno'rJl services Ad,•11ill utrJllun, 009itin -l', Atl•uttJ, Georgia, but for no other purposai'doth by 'Cjteso presuutn re,nise, I ieleaye and forever•quilcliire nut() ilia satd party of the. second Part,. subject to the•reservationJ, ezceptiony, :rostriclions; -conditions and covenants hcretnaftgr expressed and set fortJy •� " that certain t1aci or parco.l of land located -In Gov_erm„enC ICt, '1, Section 20; Township J3 South, Ran!la •10 j;,*lst"in Indian River County, Florida, and more part.i,:ular.ly duscritx d as fnllows., to=wit; { As a point .of reference, cOnvende at the ` Southwest co,;ner.of said Section 20;• run , _ ihenc2' S 89!45'25^ 1t-ijonij thr: south hire 1. of said'Section .20, WIlistance of 3.19.1.1 feet -to a concrote inonubwat; thence.1i 0°13' 15' E, 1000 feet to the Feint of begtltning of the propgi•cy'hereby conveyed; fro.p uaid -point of beginnin.3, cont inuo. N 0° 1,3' 15'• t., I 350. feet to a •pdint; t,_rcncu' S 09°•li'.25• 90 Ecot; moors or la t,. C,-)' the ::,uJn htjh _ •� water line. of trio-Atlantl,c began; thence 4 meander in a suutheaslccly direction 375 foot,, noru or less-, to a line. Chit is. piral- lel .end. 1000 il;ut north or Ute sruth ;llne.6f Section 20;, thauce 11 l: 1415 251• 'l/, '03 feel, .vncu r,r loss, Lo a line L.drt is naill- lcl ,1116 317,1V fete e•r:,l of the vest lint of "id :;uar'iim 20 ,A„1 rLu ,wink- of .IkJitu,inJ, .cunt•,Inin r 1.21 err ii'1•,1 1; , . ?OM 363 FAQ( .33 213 httpj/www.clerk.net/searchfirtdex?ffime=.blue&section=searchCriteriaBOOkPage&gL ickSearchSelecbon=# 1/1 I . .- - _ - •s.�-.��ms ,e.us::: nis:c=�-:_- race• SU&MCl, IIoIIEVER, to all e-;lstlny uaau,Irnts IU,,i rt.jbts Of ray for streets, ruads, highwys, rat lro,.la, pilti,l lnu, II,J public utilities. TO, 11AVE AND To IIOID tl:o, IwrulnLuf.we .iuser1Lv j arty, subJ cct to the resorvationu !'r"I"_ conditions and covenants hurvin ex ,rte tlptinns, ro:,tricttall::, the said 1 and sat lural wltl> Party of the aea>rld p.rrt, lta auccusrx,rs and "lit ulu, forever. The property hereby c.,nvuyud Itad h declared surplus to the noratotoro Laun uU'iIt C thu UNITI:p s'1'AT I' (�{: ;-;:ERICA, is presontly under tlw )Uri: 01 oi.`ti,o_f•„=i,.rral !urvlcua A.Jtaln- lsdratlon, le avallablu for-1.luix-n; l,orip ,lta .1Islwsa'I h:a Lwan heretofore authorised by the At..tniutratur of Corwral Survlcuu, orders. he above orders Pursuant to tcarurrr/d to laws, regulations .nq IT IS AGREED AND IR1Dtikti'POop by a!!d be Mu party - of the drat pttand the-I!lrty u[�thi,;second part�.a� the Part of the second by- lof accoptancu, of,?0;is Dodd; dopa aeknowl r wise its Urlderatandlny of tl:e aycoc:nont�_.,and covenant anJ agree for itself, and its cuccuGuo"ru uxl assigns, forever, as follows: 1. ,The -Premi sue _abuvu du ` i 4 scrYbid; sli'all .be, for and contlnuousl Used r +:., :... llc Ya s aW mainta � ):ae: +iikj. lot a I+lrtr. the park far, rucraatiorwl�d�oi u lit: torth • in sbove,-referred.'.t'o Prl?yrae,:of-:UtY1ls8ilop' {' to the .party., ot.'"''jir.st rr� , :,.. ,.x,j:.,-._., r.*.,!"_ . hied s°t'ond Part, vhlchapr `�'r thO�lPartY the ,aJ ue w.',f 1}L=Att-?n,nay be aeendod Prem-time_,telterei_.at,tlio;iequoat;::'either the party• ot.,tho f/ret..p,rt ;uY;aho "" s Part, with tiro writt:en.,coiiciirronce oPI [lioautl second and that st.c :a mbienta, ` r r ' •x ,-P+rtY• stiel2, bel j_duJ;togand.?beuol o + Part of the :orlginal',proyraiii of Uttliliati'on;:z 2. Proml the ;date of the Dec'' ilie,.party c.`O+id�! file bienalalisrt,- itpiuccpaeoraandF�sa1gr�s�:;11 terior elwr,ts wttli the.societarylol.;fhe'In_ ,wttlely forth ,tAe.usir_ofi<tAe;Ptsty,Qurlty the Preceding tro.year ;per�'cxl,.:'�rid of liii .pert liiont Ort+ tabllshing its: ea itinuocue,use;ol. tho.l>v:lealeeD Pu<pories.;aet ,forth ,�liovu� Pa_ y:.;orl he' ;s'e'�vtkl W li�i�.t v1,1 l rill=_ set l lease, assign, .or ,otlbrw/ac,t-el+ose; ol, any, of the Pr+!alsee above deaciclDal, 1, cc local yov. ernss`P el Mle+Ky that •the,ecrota In satisfied cin asaurodle curitlniwcfPf tlww`interior mance of the propert y� and alatntc- recreational Y-I�' �nJ ror Fw llc,park for Purposed 4• The party u['tho.first t ` ' 0 part ."a' have filo right during the al.Lstoneo I!f any natlonal.,umeegerrcy declared bY,the President i -f the tkl[ IFSA,A OY Alg[IICA, ur the Cunr�reas tnore_ol, ,to the tful'l, YA- roctrlctod 1?oasosslon, •crmtrol and, �g&:;i,f the prowless, or any p Irt ti:Cn:of, without. -cu•u;'JuJ :i:)F(, -= that Lho mirty ut the Ctrat .I+. rt. r.I.1,11 to r.: i!lu aurin.l It I:n -,I tw.1 , j.:rio.1 Y (-nj•).....r Ir...:�.tl,.-_ ILII .r. of 'tnlu :vtiV.r,•auce, Lor t:I,.• W_,34 _ r4ty --_—_. a...�._ __.,.. nS.I.-,_ _moi -i' ._.. 4�:_J '�r� .-• a� ._ - _.� ..-. '{L_�'�,"� 1a'+_. _ ._.-. - -_- -• .a i¢,t. any portion thereof, so used, and sh.hll pay o lair rental for the use of any insLallatiuno or struct- ures which have I>eun a.id.:d tuur�tu wltia,ut tcdurnl al d; PROVIDED, Ihn,EVER, that. if auch u:;u Is r.:•p,l eI after Lhu expir,tion of a I• ctt i of twuu.y (S.,) i.:Pru from the Mata of tills coevt.,un:e, Lila 1.lety :,t f,..• first I,arl shall pay a fair runt.A f.,r Lh,t u„urc portion of the pre.,,isea ::,, u;;c 1; ., S, In the event of a hruach of any cundttlon " or covenant herein imposes, lite Secretary of Lho , Interior may immediately .:nlcr and possess himself. h of ,titlo to the horcin-eonvo,ud promises for and � on beha'l'f of ria UNITED i'T%1.'1 til' \id:htCA: 5 ' 6, In the event. of a brunch of any condition ' or covenant heruin imposed, the party of the ancond Part will, upon demand bl the L'e,:retary of the Inter- " for, take such action, including tato Prosecution of suit, or exutiute such instruments as may be Necessary or required to evidence tran;fur of title to the - herein -convoyed premises to the UI1ITF.D STATE'S OF 1 AFRICA: 7. That, as part of the consideration for tills Deed, the party of'tho soccn.l part covunaitts and agrees for itself, its aucc.:ssr,as and aueigsa, that (1) the program for or 1n. cwutocticwt with which title Dood is { made will be coniiuctud in coiWitance with, and tho party of the second part, its tiuccessore aiid"assl.pte, will comply with all require:aents 1,4'.osed by or put_ ; suant to the regulations of the general Servicue Aissin", istration as in effect on thu date of this Deodc(3l CPA s:. Subpart 101-6.2) issued and t1,u ys provision of Titla� 'ths'CiviI ';. VI '6i Righto Act of 1444; (2) this - covenant t shall be subject in all renpucts to the provisions of said regulational (31 the p'irty of the secondpart; :e i its-•auccessors and assigns, will promptly take and Y ± enntiaue'to take such action as may be noLvYasary to effectuate this covenant; (d) the United State's'shall have the right to seuk ju,flcial unfoeca:uent of tnlu } covenant, and (S) the party oL tlx: ceconJ p;trt, its successors and assigns, will (a) obta►n from :h other porson (any legal entity) who, through contract- ual or other arranye.nents with the party of the second w t' part, its successors or asslglo:, is auLl,orLLo.l to provide services or bonefit: under sail prtxlram, a written agreement pursuant to vilich such other ' u r person shall, with respect t„ the servicae or bone- ted fits which he is authors :ed to pra,vitle, uruluttai;e for himself the same ohl haat ions as tlwao Lupo gid i upon the patty of the :uc.,n.i part, its succoasors and assigns, by this cov.•nant, and (b) furhiul: the 2 S/ ' original of such agrea,unt to the Secretary of the <<,: Ltteciur, ur his uuccurror, up,,n hie requout therufor! -z 1 anJ that Uhl --a eoven.,nt : all run with tlhe lain) hereby �- is, I cuuve• .:.1, u,.I ul,nll in •,uy uv.:ul, wtllwut rugaru to ' tuchntcal cl.t:::lticatfon '.r .i.: A—m.,tion, 1 -{al or tx: binding 1., ti.., lutivot. extent per- ? miLLuu t•y Low .,ml gt.tty ...r til- i,•ueltt :, and %- ;: r ay.,r of tole h, a ly ..1 1 ,. 1 ., :a 1,•,r t a1,.i on- -i f„rct...r.le L; Lw 1•..rly •, ,. •i r-�t I,,,ry ,,., uh:,L t� o KIM V- I :I ata, .. _. � •ti{'}��_"'�'�1'• h"-..:.-f:S•.`-S.cCi::.'�'•J_�Sy.-�--,,- _ _ _ .�,y-;3Y-=,..J-'•b'',i- � Tn I - 19NIR, P -M MM the party of the second part, its Guccussora ana assigns. In the event there Is a brunch of any ut ilia uvij.jittol,s and covenants herein contained by tho party of the a.x onJ 1-171., 11 Itssuccassore and assigns, whether cautiod by tile legal 1,:,111ty the he said party of the liecomi )arts Its succunsara and jL;L;J-jns, to perform said condition* �fiii c-'vvnants, or otliurwitiv, all title and interest In and to thu said pca,njzos shall revert to and become the proliokty of t;1`1 1111171:D :;TATEr. 01 JI-MEHICt. at its 7 Option, and It Shall have the iukw--I„tu riji,t of 'entry u!..)Yi Li..Ij 1, Premises. and the party of thu �ec,,nd hart, Its auccvL;;;Orij and assi,,ns, shall forfeit 411 right, Litlu and interest in raid premises and in.}wly and all of t1ja tcjju,_,jjtu, appurtenances thuraunto WIolt.jLIj.j; and PROVIDED, IKXIEVI:R, that thu failuru of tiiu ,;,ivrut"v of the Department Of interior to require in any onc-'Or more instances complete parformanci of any of ti'll carQi.tiuns ow cove- nants shall not Ie construed "a a wjivur or rulli.quisibiww"t of AM such future performance. WL the ObMiation. uf the -party of the second part, its successors and assigns.-wLth rwtiject4to such future performance shall co' �--- , - full` 1 � i�- - -1� . . ntinuu in uarea 4W affect; Is winess firs irap' tho party of tilie frst Part h4;:- caused these pretiulits to Li' tu I . taAw ana-:In it.; I-hdlf the day and yuan r1rut 7A .f Leon ny Chiur, kJal prollarty VIv1,-,U I*,:uI-jrty C,-n,:ril -;0rvIcQH.'iWsainistr..t ion ti p. I . i'a 11 � a LW t K4AL W LA J44) 3W ma 36 ---r4 STAIN OF GZORGXA wtmrry or ruLTou This day, betoro id WARREN O. VOWY, to me "Wki.O+A snd known"' 1�z descrPed in and who exucutod t,; J" _j: A? veyance on bahalf of tb,; U-N*'T' - M?f:S-'0r, 1427RXCA',". e4jud that lie, buinq , mvi- ProwrLy wvl,.14.n, 'j;ur'vtz;C);_' . Gonural SurVLv u OXDCULOd -the same for tj,Q U_ '"'o an' purposeii as the free act W d d.f 0. Ublrft;D STAIRS Administrator of Oeneral;sui V tration and himself. rm wj'mr seal Of Office in All 'VikVe 24 h ' 1970. 4py'df.))►u-jui MNL y 4 t J • "Y sL A� Jn OFFX37 RMOft Boyle & Drake, Inc. Real Estate Appraisers and Consultants Stephen J. Boyle, ASAI State -Certified General Real Estate Appraiser RZ699 37907 1h Terrace Ste. 202 • Vero Beach, FL 32960 Telephone: (772) 778-7577 Fax: (772) 778-7868 info@boyledrake.com March 23, 2016 Ms. Stefanie -Jo Osborn The Town of Indian River Shores 6001 N A 1 A Indian River Shores, F132963 Paul P. Drake, NMI, SRA State -Certified General Real Estate Appraiser RZ27 Re: An Appraisal Report of 5.50± acres located in incorporated Indian River County, Indian River County, Florida, 32963 ' Ms. Osborn: In accordance with your request, we have made an investigation and analysis of the above referenced property. The subject property represents a 5.50± acre tract of vacant land located on the east side of SR AIA with ocean views but no direct ocean frontage. The purpose of this investigation and analysis was to estimate the Fee Simple Market Value of the subject property assuming the zoning and future land use are changed to allow a use consistent with the Highest & Best Use as of February 24, 2016. The client and intended user is the Town of Indian River Shores. The intended use of the report is to determine the current market value for the internal use of our client. i As a result of our investigation and analysis of the information obtained herein, as well as a general knowledge of the real estate valuation procedures, it is our opinion that the Market Value of the Fee Simple Estate of the subject property "as is", as of February 24, 2016, was: SEVEN MILLION SEVEN HUNDRED THOUSAND DOLLARS ($7,700,000) 218 i Boyle & Drake, Inc. Ms. Stefanie -Jo Osborn the Town of Indian River Shores March 23, 2016 Page ii Extraordinary Assumption(s): None Hypothetical Condition(s) 1.. The subject property currently has a future land use designation of OS/R, Open Space Recreation, as a result of being owned by the Municipality. According to the Town of Indian River Shores, The future land use would be changed to allow low or medium density residential development before it would be offered for sale. For the purpose of this report, we have assumed the future land use would permit medium density residential development. 21. The subject property does not have direct oceanfront as a parcel of land owned by j Indian River County separates the subject from direct frontage. For the purpose if this report, we have assumed the parcel of land owned by Indian River County could be purchased, or an easement granted in favor of the subject, to allow the property owner(s) right of use. The use of a Hypothetical Conditions)may affect assignment results. This is an Appraisal Report report that is intended to comply with the reporting requirements set forth under Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice for an Appraisal Report. As such, it does include summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. Additionally, this appraisal report is prepared in accordance with the appraisal guidelines of the Uniform Standards of Professional Appraisal Practice (USPAP), as approved by the Appraisal Standards Board of the Appraisal Foundation and FIRREA Title XI, 12 CFR Part 323 (FDIC) and 12 CFR Part 34 (RTC). Your attention is directed to the limiting conditions and underlying assumptions upon which the value conclusions are contingent. An Executive Summary has been included for your convenience. It has been a pleasure to serve you in this matter. 219 Boyle & Drake, Inc. Ms. ,Stefanie -Jo Osborn the Town of Indian River Shores March 23, 2016 Page iii Respectfully submitted, Boyle & Drake, Inc. Stephen J. Boyle, MAI State -Certified General Real Estate Appraiser RZ 699 Expires 11-16 W11 i nelIly, Wm. L. Mumm, Dale Talbert and 0. P. Ward; City Attorney Chas. A. "itchell, Supt. of Publ Works Harry W. Damerow and City Clerk A. C. :1acConnell. President of Council Paul A. Beindorf presided. x a Minutes of meeting of Sente.mber 13,1844 were read end approved. r y A. N. Young a_n•:eared before the City Council in respect to changes in street r_ of way through Tracts "B" - "C" - "D" and "r." in Section 2- i 35 - 3 39• After discussion of the matter, the problem was referred to the Finance Committee and the Planning S. Zoning Commission. v I Chief of Police J. Y. Copeland asked that proper steps be taken to correct the y parking conditions at the old Palnetto Hotel. This was referred to the Street and Sidewalk Com c mit'tee for action. F Fire Chief Toole reported instn.l?ation of a €as tFni: at the Beachla.nd Hotel whic I Cj he had not inspected and which he understood it is not his duty to inspect, it being instal led ,Z government leased property under direction of Povernmental agencies. It was moved by Councilrian Connelly, seco^led by Councilman )'.umm and carried the application of John Capone for licuor lic=nse at 894 - 21st Street (former Tropical Bar site) b approved. The hour of 8:'f) o'clock having arrived *goof of rn:blicztion of r.atice of tax equalization meeting was presented and read. IThe Clerk reported in detail on the construction of the f�ersonrl property tax ro andi the difficulties in connection with preparing this 1?art of the roll,incl•iding basis of - z meet against local as comur_red with out of toi-n- firms, household _`urnishings, ):oats, etc. also submitted a list of items apse wring on the county roll which t!:e city does not assess. Al of ithese matters were. approved as explained and an^earirg on th,e roll. The Clerk then submitted the Tar. Aivisory Board's recommendations date May 9,194 and Clerk's communication of :nay 22nd to the BoarA covering new items added to the tax roll Y'oj: and miscellaneous aljustments for 1944, all of which were approved as submitted. Conforming to tine records the following were ordered strict -en from the roll: Widow's exemption for Jennie 17. Pritchard, :',•llie B, Hutchison, Lydia B. Nicholson and Janet Halcrow. The U. S. Naval Airbase valuation was reviewed. Whereupon the following resolition,No. 301,was introduced by Councilman Connelly who moved its adoution: WF -'REAS, it appears that due and legal ^_-tice that the City Council would meet on the 27th day of Se-_Aenber,l=:44 for the trpose of enualizing and correcting the tax assessment roll of said City for t1„ vear 1',44 ;tas been given; and WHERsAS, The Cit„ Council did meet at said time for the -+urn_ ose of hearing objections to said assessment roll nn(l for enunlizin,g and correcting said assessment roll and did on said date receive and file said assessment roll; and WHER;.AS, all T)ro-oerty o:rners and taxpayers desiring to be heard with regard to said assessment roll have been ':eard and the snr..e together with all objections mode have been duly core.idered and it not being fo':nd necessan• to raise of the -G q;sments apNearing on said assessment roll; therefore BE IT Ri;SOLVZD by the City Council of the Cit-; of Vero B=ach that it finds that said assessment roll is corr•ct and there are ro chr_nres necessary t?-ereon ar_d that said tae assessment roll of said k;i.t-, for the ,ear 1944 as rrepared by the City Tax Assessor and _resented to t' -!e Cit- Council be, ?nd it is hereby a-�proved and confirmed. The foreFoir_,: resoi� tion was duly seconded by Co ncil• a.n Mumm ;rmd upon being put to ;a vote was unanimously adopted as (ollo-s: Ayes: Councilmen Ward, Connelly, i'umm, T.•lbert and Beindorr. Nays: None. The Supt. of Public Works reported on complaint received from the Naval Base in connection with flood lights at the athletic field and was instructed to endeavor to work out some satisfactory ::andlinr of t),is matter. The following resolution No. ?^,2 was introduced b-• Cn;;ncilr'..ar. Mumm V. -ho moved it adoption: "K_ZREAS, o rsiwrt to the provisions of Choiter 2.07? of the latus of Florida Indian River County '--as accuired title `o certair lends -ithin said county, and 22.1 including t'-,? !-ereinafter described, red t) -,n 13o^rd of County Commissioner of Baia county is authorized under such chapter to dedicate to public use and purposelands by resolution duly adopted by said Board, and upon reouest b a esoluti any such public board and when such lands are within the co y Proper municipality, a currence of the governingbo corporate limits of a municipality, upon the cc body of such municipality; and, t - '- poses; therefore. WLEREAS, the lands hereinafter described are needed for public use and pur- i BE IT RESOLVl0, that the City Council of the Cit a public board -within Indian River County, Florida, and bei y Of ve Vero Beach. Florida, bei !Vero Beach, does herevlith concur in and reouest the dedicatiot nby theBoard Of C governing body °P the City of -ere of Indian River County, Florida to public use, of the properties hereinafteroty described, scr bed, Commisand ;situated 1n said county, to -wit: i Lots 6 to 15, both inclusive, Block 1, of Northwood Subdivision; Lots 13 to 20, both inclusive and Lots 23 to 29, both irc"usive, Block 2, of Northwood Subdivision for public athletic field and park. Lots 27 to 39, both inclusive, Block 1, of Langwick Subdivision; 1 Lots 6 to 25, both inclusive, Block 2, of Langwick Subdivision for public park. I f Lots 6 and 7. Block 2, East Side Subdivision for public street. 1 Tract na" (Designated as Lake) Sunnyside Park Subdivision for public park. The North 60 feet of Tract "BA, Block 1, of Veromar Subdivision; Lots 1 to 13, both inclusive, Block 13, of-Veromar Subdivision; and Lots 28 to 34, both inclusive, Block 13, of Vermar Subdivision, for public yacht basin and park: The We of Lot 4, Block 1, of Walter Kitching Jr. Subdivision; Lot 5, Block 1, of Walter Kitching Jr. Subdivision; Lot 5 Block 2, of Walter Kitching Jr. Subdivision; for public street. Lots 28 and 29, in Block 1 of Ver Beach Estates Subdivision, for park purposes. ots12, in Block 1; Lots 37, 22, 23, 48, 49 and 501 in Block 2; 4o, 41, 46 ',37,46, 47,, in Block 3: Lots 22, 23, 24, 37, 38. 39, ,93,94,85,90.87.88.60,70.'&-:89 in Block -4; Lotq 26. 1 3 , 33 and 34, in Block 5; Lot 12 in Block 6; Lots 11 and 28 Block 7; Lot 11 in Block 8; Lot 11 in Block 9; Lot 13 in , Bloinck 10; Lot 13 in Block 11; Lots13 and 38 in Block 12; Lot 13 in Block 13; Lot 30 in Block 14; Lots 13 and 38 in Block 15; Lots 13 and 38 in Block 16; Lots 13 and 39 in Block 17: and Lot 13 in Block 18, all in Vero Beach Estates Subdivision, and for Public streets and alleys and for public thoroughfares. i BE IT FURTHER RESOLVED, that a certified copy of this resolution be delivered to the Board of County Commissioners of Indian River County, Florida. The foregoing resolution was duly seconded by Councilman Connelly being put to a vote was unanimously adopted as follows: and upon Ayes: Councilmen Connelly, Mumm, Talbert, Ward and Beindorf. Nays: None. d City's athletic field wereko nedsby thetStateaof Floridanand hewwas nstructedntoddeterminehhow much these 'lands could be acquired as an addition to the Athletic Field. The Mpyor advised of the •ieerican 1eeion's request for permit to conduct a car nival from September 28 to October 7 inclusive and recommended that pe m it be granted without charge, this being for the benefit of the service ren. Such permit was ordered granted•provided no activities be carried on during the period of the High School Football game. 14 was tl.,t the Mayor's appointment�ofoAlvin Festus Meeks ras PoliceemanbofCt edCittyofaVeeroo rd Beach,iFlori, confirmed. It was moved by Councilman Uumm, seconded by Councilman Connelly and carried that the Mayor's appointment of Benjamin Franklin Holland as Fireman of the City of Vero Beach, Florida, be confirmed. The Clerk!a memo of September 23rd in respect to FWA Proj. Fie• No. 8-M-70 and visit of F. E. Albert, Field Supervisor, Federal Works Agency, was submitted and read. It was moved by Councilman Connelly, seconded by Couneil!nan Ward and carried that facil- ities be approved for inclusion In the project, the City's share bei .50a for negro orbe authorized to direct the letter to the government hi $182.50 and the Mayor De cooperate with the da in eve endeavoring ring to this change and that the Cit 222 Navy every way possible, in endeavoring to �tain a recreation building y Kt:Ig I T 1..?o . - 72 V WX ti of the 14. 'L`64Z��F-10 w J: th n -64i...._00un e to CSr6in B n I t bsj�.e inaXto ib-- . ...... ' _q th6 5- .AU:_. q a _PARe arty Iad` by. du -ptb A0 -E., p.d- t b _or, e us, alio' -by �;q -V from s. 'Pubi-I'd!;boridlwith u -the :corporate= pal .Yfl;pqh the concurrence d -h- rence of the gov. ,orn ou qi i WHEyff4&, the lands hereJ naf ter a6sprb ed arneedsd for public use and-_-purP660,Sji thbri6for6j. BE ITRES(jtM, that the City coune.q -of the -C VeroBeach, Florida., being R -public b6ard nill. County, Florida, and being ' --tb*: P�P V the govei�njng bod�,:df Vero Beach,. Abas herewith'. concur :in. by the -Bo-ard:of CountyComnissioAsrs CT bit6lni- Florida to Public use, of the properties 4 and -situated in said -county; to -wit: Lots .6 to .15, -both inclusive,. Block- V.&� - ivowiub-divisioh; Lots 13-t6_ot00.-bh' Inc luS ' t'b- 23 'to 29' both inclusive.; Ho 01 Northwood Subdivision for -public th-1Jet f i6l d and tiaiik. Lots - :27- to 39, bo,th inclusive.;_ ' Block 10of. wickV"Stbisi a. hots 6 t6_2&j--i�th Vs L c Sub iA`6n;k0 P14 k: Block 2i� a k *L 6 and'7 Block 2, East. Side: SubdivisionO*i. public street. -tract ""A°(Designated- as Lake),-�S44hypId" P&Pk` 5uiidivision for public P46k! f7l, The North 60 feet Of 'tract mar 8uVcjj-vision; Lots-l-,-tO noliis ma. ]BlOcj'_jS,. of Veroziiar Siibd v saori ; <andW L 3&i botI. 1 I j.nclusiv6 Block- -1 ,v ision•j for public yacht- be:s n it' d Lot. 4, Block j.-, of 'Waiter -1 -1 1 - �,,Alt4 -9-_ Block K' 61on; Lot 5,' takiing Lot, 5',. Block 2,t of ti7alter gitcYiing t foj� iw]4.44t Q;. - 223 l =Lo`t's-�.28.and=29= ',- _ -;;ri�.Block�l�t�of3;er." .::�.;�.•_�.--- mom;, _ _ - gV``"o-8each,;Psaat:es5 Siitid v siom' "P ? = or:'park-r�Pui`p �:-:,��s'�3r;:��•�`:� '�- - fcalx I;o:t:v-12, ?in -Block 1 � I;ota'53'7 r='2 ` ' 23, }aiid`r;50'�`ii%- Block'.2 "Lots: z ,•''_;:. ri loci, - - - - �:t:. �t83E2�;. , `24=y:g �, ga. 3tjF•., j¢! 4,_ .� t; ��>s•.�`�-� -_ 23 -48, 9 _0;��,, .Xrt [yry K,- _•��t,�- - b-r."s a:.� 5.,'l •>.,h±'. --e , -t� it.Bl'oCJ[`. �r C! ,, r a 6: -r• �� -- ...�=- 'tis 4';<n; Black: �5>in aiil, 28:, "tnBlock,.fi;;uZot"Icl`'3n Iaek 8'. Bzld�,. ,�„� 4=;,13„in�Bla.c]e�10_'� Iio.t° �2:3X.i�`BI:�e'k�s`; -'_ �'':.: y 1s, .I;ots .•�-a,,,:, ,_. � , „ _-]�2;�.T;oiz�l3- ia<<Block'�13� , - - - - �-LOy30`k5.in $i 3 r? ...:ti s .tw.,. �r .�: •�„-•�,.,. fii'� ::::spy.. - _ - ck >z19Iota: 1'S$lock' - __ :-LotaF?l8'�'anc1�38'`'n�Btoek = 4�•�•"`•''"` �' ,",,."; ,�� .a �'' �;-T-gi�n-. _.'.,. �i1 3.n $Pock: 18 ' "Bi R?_ i ivl :"il8 tfa' iii•' 3. T5 =" ^>3 �,�fZ'w L � '� •- e:'' l�-'� tes vsori,) aud= Porgy .utile-•strea,ta' a' ,a3leys `aiiclPor th'or'n .. - - �=gnbl`i"":_::.• ,> ' �FfJRTF�Rcit�S ,-'tha�t--'e•�t�cert�iPiedse'opy, of-,�ai's�' r: - - - C, T", i': - ';'•{:in resolution tiedelve'red :to:; tke:�oardoP �Covrit" Co" ' mm�es3onera. of•� Indian: x ver.`'.Coizf Y:;- Florida:. - - i`S, �• _ .. - - : - - k''i. _ - � - ter,`.; .:i �' - . f =M 224 150 WW � .N: ter. (The following should have been inserted prior to the Resolution on page 129.) Present at this meeting were E. W. Vickers, as Mayor and ?first Executive Officer of the City of Sebastian.; R. G. Hardee, as President of the City Council and F.sad of the Legiale- tive of the City of Sebastian, and Mrs Elizabeth W. Ross, as Tax Assessor of the City of Sebas- tian. I The Board of County Commtasioners and the above designated and described officials of said Municipality of Sebastian then entered into a discussion of the price of each parcel of land to be fixed in connection with the sale thereof under provisions of said Chapter 22079. The Board of County Commissioners and said designated officials of the City of Sebas- tian unanimously and jointly determined and agreed that the price of ell of Such land situated within the corporate limits of the City of Sebastian should be 50% of the amount of the last assessed valuation appearing upon the County Tax Roll. ----------------------------------------- Commissioner Helseth offered the following Resolution and moved Its adoption as fol- -lows, to -wit; RE SO LU TI 0 N WFBREAS, pursucnt to the provisions of Chapter 22079 of the laws of Florida, Indian River County, Florida has acquired title to the lands hereinafter described, and the City Coun- cil of the City of Vero Beach, Florida, being the governing body of such municipality, and being a public board of suid county, has concurred in and requested, by proper resolution, the dedica- tion to public use and purposes of the lands hereinafter described by the Board of County Com- missioners of said county; and the same having been duly considered by said Board of County Commissioners; therefore, BE IT RESOLVED, that the board of County Commissioners of Indian River County,Florida, does hereby dedicate to public use and purposes the lands hereinafter described, situated in Indian River County, Florida, to -wit; Lots 8 to 15, both inclusive, Block 1, of Northwood Subdivision; Lots 13 to 20, both inclusive, and Lots 23 to 29, both inclusive, Block E, of Northwood Subdivision for public athletic field and park. Lots 27 to 39, both inclusive, Block 1, of Langwick Subdivision; Lots 6 to 25, ttoth inclusive, Block 2, of Langwick Subdivision for public park. Lots 6 and 7, Block 2, Rest Side Subdivision for public street. Tract "A" (Designated as Lake) Sunt:yside Park Subdivision for public park. The North 60 feet of Treat "B", Block 1, of Veromar Subdivision; Lots 1 to 13, both inclusive, Block 13, of Veromar Subdivision; and Lots 28 to 34, both inclusive, Block 13, of Veromar Sub- division, for public yacht basin and park. The Hf} of Lot 4, Block 1, of Walter Kitohing Jr. Subdivision; Lot 5, Blook,l, of Walter Kitohing Jr. Subdivision;( Lot 5, Block 2, of Walter Kitching Jr. Subdivision; for public stree t Lots 28 and 29, in Block 1 of Vero Beach Estates Subdivision, for park purposes. Lot .E, in Block 1; Lots 37, 22, 23, 48, 49 and 50, in Block 2; Lots 12, 22, 25., 37, 46, 47, In 4 Block 3; Lots 22, 23, 24, 37, 38, 39, 40, 41, 46, 93, 94, 85,86, 87, 88, 69 and 70, & 89 in Block 4; Lots 26, 13, 33 and 34, in Block 5;. Lot 12 in Block 8; Lots 11 and 28, in Block 9 ; Lot 11 in Block 8, Lot 11 in Block 9; Lot 13 in Block 10,; Lot 13 in Block 11,; Cots 13 and 38 in f Block 12; Lot 13 in Block 13;_ Lot 30 in Block 14;•Lote 13 and 38 in Block 14, Lots 13 and 38 in Block 16; Lots 13 and 38 in Block 17;.and Lot 13 in Block 18, all in Vero Beach Estates Sub- division, and for public streets and alleys and for public thoroughfare's. BE IT FURTHER RESOLVED, that said lands shall not hereafter be assessed for taxes so long ea the same remain dedicated or devoted to public use; and that a certified copy ofthis f !� 1}t• :stiySs: � ,fes: 'Pl .INS Y • V 151 resolution be delivered to the Oounty Assessor of Taxes of said county, in order that he may so.exempt said lends from taxes; and that a certified copy hereof be delivered to the City Tax ®I Assessor of the City of Vero Beach, Florida, in order that he may so exempt said property from I taxes. Motion for the adoption of the Resolution was made by Commissioner Glover and unanimously a, adopted. -- -- ------ -- 1 The Board then proceeded to approve the retain commissions due the Assessor of Taxes, W. R. Duncen, from the various and several special taxing districts within the County, for commis- siona due for assessing the taxes and preparing the tax roll for the year 1943 as indicated on astatements submitted by Mr. Dunoan, and the following statements having been audited, on motion made by Elbert Glover, seconded by Albert 0. Helaeth and carried, were approved by the Board. Name of District or Fund Maintenance Interest d: Slaking S ' County Maintenance $ 402.79 General School 291.23 2usy Bridge District 18,58 School District #1 8.87 14.29 School District #7 13.74 15.96 School District 98 and 9 17,27 School District #11 69.14 109.77 School District #14 9.67 14.86 QSchool District #16 11.64 Sebastian Inlet District 23.78 Indian River Y.osquito Control District 53.17 iNotary Public Bond of Bernice ?Meyer in the sum of $500.00 with the Massachusetts Bonding and Insurance Company, Boston tfessachusetta, was approved September 30, 1944, by Douplas Baker, Clerk. The Board proceeded to and did name and select the following persons as inspectors and olerks over election of the various precincts to hold and conduct the general election to be held Tuesday, November 7, 1944, to -wit: Precinct No. 1, Roseland Caroline Keifner, May Matthe%a and Mrs. M. J. Jeffreys, Inspectors and L. .+Shburner, Clerk. Voting Place: Community Hell. Precinct No. 2, Sebastian Mrs. P. P. Lawson, A Foster and 0. A. Braddock, Inspectors and P. P. Lawson, Clerk. Voting Place: Public Hall. Precinct No. 3, Wabasso Minnie Michael, Helen J. Olson and Alms Jones, Inspectors and J. P. Siblsy, Clerk, Voting Place: ® Legion Hall. Precinct No. 4, Winter Reach W. H. Walker, C. W. Fletcher and J. 11. Andrews, Inspectors and J. A. Campbell, Clerk. Voting Place; X. 0. Lisle's Store. + s Precinct No. 5 A, Vero Beach , William B. Sleath, Ethel B. Guy and Abbie J. Wykoff, Inspectors and Warren T. 2euoh, Clerk, f Voting Place: Community Building. t Precinct No. 5 B, Vero Beach ; Williams James, N. E. Cherry and J. Neely McCown, Inspectors and C. C. Debenhem, Clark, Votirg.i'- Place: Community 'Building. ?5 W ACLTC File No: 43080426 Customer Ref: 3240-32-00006-0010-00028.0 This report is issued to: Treasure Coast Title Agency of Vero, Inc. 3375 20th Street, Suite 130 Vero Beach, FL 32960 Legal Description of Land(s) Search: Lots 28 and 29, Block 1, VERO BEACH ESTATES, according to the PIat thereof, as recorded in Plat Book 5, at Page 8, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. This is to certify that the Company did cause to be conducted a search of the Public Records of Indian River County, Florida, for the purpose of determining fee simple ownership of the above described land(s); and -as a result of that search, the subject (or one or more of them, as indicated below) appears to have an interest (or a recently divested interest) in the subject parcels) of land, to wit: The City of Vero Beach, by virtue of Resolution recorded October 3, 1944 in Indian River County Commission Minute Book 3, at Page 150. Nothing contained herein shall be construed to (a) constitute an examination of title; (b) make any representation as to the insurability or marketability of title to any lands referenced herein; (c) imply any authenticity or legal sufficiency of any instrument referred to herein; (d) represent that title is legally vested as referred to herein; or (e) make any representation as to the existence or nonexistence of mortgages, liens, judgments, or other encumbrances, as same were ignored for the purpose of this report. OWN (43080426) Printed October 11, 2013 - Page 3 229 Certified to Treasure Coast Title Agency of Vero, Inc. ATLANTIC -COASTAL LAND TITLE COMPANY, LLC Authorized Sigoatory: ACLTC File No: 43080426 Customer Ref: 32-40-32-00006-0010-00028.0 OWN (43080426) Printed October 11, 2013 - Page 4 30 .. L ee�rs� Ccs HECOAD VERIFIED JV*AEY K. BMTON CLERK CIRCUIT COURT NCENrair TO OCCUPY AND INDIAN RIVER CO.. FLA Ty ZMERry U 2818 LICENSE TO OCCUPY AND IMPROVE COUM PROPERTY (this "License Agreement"j is made as of the 17th day of March, 1992, by and between IHDIAX RIVER COMP, a political subdivision Of the State of Florida, county Administration Building, 1640 25th Street, Vero Beach, Florida 32960-3394, hereinafter "County" and SANDA8 CONNURICATIONS LIMITED PART ERSEMP Ii, a Delaware limited partnership, having a mailing address c/o Rockland Investments, Inc., 2201 Old Court Road, Baltimore, Maryland 21.208, hereinafter referred to as "Licensee." WITHBSSZTH 1. Subiect Prosier X The County, in consideration of the Covenants and agreements made herein, and upon the conditions set forth below, doss hereby grant unto Licenses a non-exclusive license to occupy and use the following described real property, situate in Indian River County, Florida, to wit, See Exhibit "A" i 2, T&= This License Agreement shall be for a term of 20 years subject only to limitations set forth below. The date of eommenc Wmnt shall be the date the last party executes this License. v $ N 3. Use or Subieet Prop rty, InRz2y"Rnts sgn Cc. Licenses shall talcs the pr �! property in its present F� condition and shall have the right to make only those • improvements necessary for use of the property by Licensee for ingress, egress, parking, stormwater management, signage and landscaping, in association with the current or planned 0 oD m development of the adjoining establishments lying immediately � x south of the property, and for no other purpose. Licensee shall use the property only in a lawful manner, shall make improvements thereto only in accordance with all applicable land development 0 wC regulations of any governing body having jurisdiction, and shall be responsible for obtaining all necessary permits and approvals I IVNl1Lt 1\iS7D06.J1GT "a 14, 1942 c -n Cn N M O 0 O CC -, Cl C1 231 from such agencies. rn addition to any approvals or permits required by lav, Licensee agrees further to subait plans for all Proposed improvamsnts to the public Works Director of Indian River County for his approval prior to beginning any construction. The public Works Director shall not unreasonably Withhold such approval. Licensee shall be responsible for relocating any utilities located on the leased premises, if such relocation is necessary for the construction of improvements as contemplated by this License Agreement. At the and of the term, if this License Agreement is not renewed by the parties, or upon earlier termination by either party under the next paragraph, Licensee shall have the right to remove any improvements it has made, provided it restores the subject property to the approximate condition and grade existing at the Commencement of this License Agreement. Licensee shall not be compensated for any improvements to the property which he chooses not to remove, provided, Licensee shall remain liable to the County for the cost of removing any "such improvements, not including pavement," in ! the event the County must remove them in order for the County to make use of the property. Licensee shall also restore damage to any adjacent public properties occasioned by its construction, maintenance, or removal of such improvements. 4. Revocation of License, Termination= Refund of Rental Paid Whether or not Licensee has made improvements to the property, this License Agreement shall be revocable upon the delivery to Licensee of ninety days advance written notice of intent by the County to reoccupy the property for the installation of public improvements, the use of which would be inconsistent with Licensee's continued use. Upon revocation and return of possession of the property, the County shall refund all rents paid by cash or check to the County but not earned for the remainder of the term, calculated on a daily pro -rated basis. 0 Licensee may terminate this Li Y c�nae Agreement at any time prior o to the and of the term upon giving thirty days advance written -r" CO +�viw.�anfstooe.�►cr _ Am te, IM - z - � rn Fla notice to the County and shall be entitled thereafter to a refund of all rents paid by cash or check to County but unearned, on a daily pro-rata basis, and vithout penalty for early termination. In the event this License Agreement is terminated by either party Prior to the expiration of the term not forth herein, Licensee shall not be entitled to any refund for costs of capital improvements made pursuant to this License Agreement which were intended to be credited toward rental payments. 5. Licensee agrees to carry at his expanse liability insurance to protect the interests of both the County and Licanaae against loss or damage by reason of personal injury, los■ of life, or damage to property, in amounts not lass than $100,000.00 for injuries to or death or any one person, and $300,000.00 for any one occurrence, and $50,00o,00. for damages to Property. Said policy or policies will be standard, owner's, landlord's and tenant's policies, and will include the county as an additional insured. The original or a duplicate of such policy shall be made available to the County prior to use of the Property hereunder. The County shall not be responsible for any negligent act or omission of the Licensee on the property, or in connection with the business operated by Licensee adjacent thereto, and Licenses shall indemnify, defend, and bold the County harmless from any claims, judgments, liens, damages, liability, or any cause of action whatsoever that may arise out of, or result from, the improvement, occupancy, or use of the property by Licensee. 6. TAKS Licensee agrees to pay'any and all real property taxes which may accrue against the property during the term of this License Agreement in the event said property is datersined to be taxable due to its proposed use. 7. Entry :h• County County retains the right to enter and inspect the licensed premises for either compliance with the terms of this uvruVa1%1RW.aar "no 1e, tM - 3 - 0 W O CD co c� G1 Cn 4 i 233 License Agreement or as may be necessary to service the public improvements lying to the north of subject property. s. Default Liceasee agrees that in the event of any legal action on this License Agreement for ejectment, or to enforce the covenant's hereof, or for any default at all on the part of Licensee, its successors or assigns, and should the County prevail in such action, then Licensee shall pay all costs and expenses of such action, including reasonable attorneys' less. 9. Assignuent This License Agreement shall not be assignable by Licensee without the prior written approval of the Board of County Commissioners of Indian River County, which consent shall not be unreasonably withheld. County agrees that Licensee may assign its rights hereunder to The First National Hank of Maryland as security for a loan by said Bank to Licensee. it is mutually agreed that each and every one of the covenants and agreements heroin contained shall be extended to and be binding upon the respective successors, heirs, legal representatives, and assigns of the parties herstol provided, Licensee shall not be relieved of his liability hereunder unless such transfer has received approval by the County. IN WrTNWS WHBRSOF, the parties have hereunto set their hands and seals on the day and year first above written, in duplicate parts. Signed, sealed and delivered in the presence oft -i i JtVW%CL1%157= AC1 JVK 16, "" INDIAN RIVER COVIM, FLORIDA B# L �C C$e-La roan AfPRorrrd for dr°7 �y, issioners Attest 3 :fF 59 [ry _ 234 Or; z �. 40 attachment (Exhibit "A^) APPROVED AS TO FORK AND LEGAL SOFFICIENCYt 'max tr� Courcy Attorney SANDt1B OONWRICATIONs LIXrTEO PARTNERSHIP, II, a Dalavare limited partnership By: Sandab Communications, i • Inc. 9yt , Cetlaee STATR OF FLORIDA i COMM OF INDIAN RIVER The foregoing instrument vas acknowledged before as this o7oiwA day Of �lt.y , 1992, by LVN W. ECGBQT , as the C3tia 'ratan of th—eaoar 'o! County Corm se oversof2n an River County, Florida, on behalf of the Board of County Commissioners of Indian River County, Florida._Be (is personally known to me] (has Prodh=Qdu identification], and he (did)(did not] take oath. Notary Public ' xy Commission Expires: P.rRICIA 8,4160 NEZ.p Mati►1RIa� � �os�s.�ta+onape.t� nto.lu�ra STATE OF FbealgA �tPS�L�t COMITY or i i trument was acknowledged before me is cr�day of 19921! ret bySftet•en 3% n-0, as aw of COMM cat io s In I, Inc;, the general P o San C Ications Limited Partnership I1, a limited partnership. He (is personally known to me)(bas produced identification), and he (did nota take oath.�.� \•lli0.;_G: � ��lL•�.\ 1�,� . ago i Notary Public . O KY Omission Expires: rpt`\`�5 CO J.VVA%Rs1W70W.A91 Am 16, 1992 - 5 - Ai,� 4�, .v A J/ i 235 MMBIT A She East 93fastthe South 62-00 fast Of the West 230.00 lent eL that parcel of land shown in a Special Warranty Dead as recorded in official Record Book 82, page S03 of the Public Records of Indian River county, Florida, being more Particularly described as lollovst CO mencing at the Northeast corner of Lot 8, Block 14, Highland Park Subdivision, as recorded in Plat Book 4, page 64 of the Public Records of St. Lucie County, Plorida; run South along the Bast boundary or Block 14, a distance of 65.00 lest to a point on the South right-cf-way line for 16th Street; thence, ran East along said right -of -%my line 335.00 feat to the Port of Beginning; thence, continue East along said right -of -tray line 95.00 feet; thence, run North 62.00 lest; thence, run Nest 95.00 feet; thence, run South 62.00 feet to the Point of Beginning. Said parcel of land jigs in section 1, Township 33 South, Range 39 East of Indian River County, norida and contains 0.14 acres, more or less. - 0 ;0: O to Co -0 c-> JrVNL%CU%15?M A T hrr 16, Im I 236 BOARD OF COUNTY COMMISSIONERS OFFICE OF COUNTY ATTORNEY co, Alan S. PolackM6, Sr., County Attorney 4 William K DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney April 4, 2012 Mr. Jim Davis, Vice President/General Manager Treasure and Space Coast Radio 1235 1'6�' Street Vero Beach, FL 32960 RE: Renewal of License to Occupy and Improve County Property Located at 1235 16'h Street, Vero Beach, FL Dear Mr. Davis: County Staff has had the opportunity to discuss renewal of the twenty year license agreement for the county owned property located 1235 16th Street. After review of the license agreement, it appears that it is set to expire on August 25, 2012. In considering renewing agreements similar to this license agreement, the Board of County Commissioners has sought consideration in the form of fair market rental value of the licensed property. Our Public Works Director estimates that it would cost approximately $600 dollars to construct each parking space. Since there are fifteen spaces, total construction costs would be approximately $9,000. If you calculate an annual rate of 10% of the gross value of the improvements that rental rate would equal $900 per year ($75.00 month). Therefore the County staff would be willing to recommend renewal of the license agreement for an additional ten year period with an annual license fee of $900 per year effective August 25, 2012. Should,you have any questions concerning this matter, please do not hesitate to contact me. Sincerely yours, William K. DeBraal Deputy County Attorney c: Chris Mora, Public Works Director 1801271h Street, Vero Beach, Florida 32960-3365• (772) 226-1424• Fax (772) 569-4317 237 ircattomey@ircgov.com May 122, 2012 93.7 THE BREEZE • 97.1 OCEAN FM • 99.7 JACK FM • NEWS RADIO 1490 WTTB 123516th Street, Vero Beach, Fl. 32960 • Phone 772-567-0937 • Fax 772-562-4747 Mr. William K. DeBraal Deputy County Attorney Board of County Commissioners 180127 1h Street Vero Beach, Florida 32960 I Bill and Chris, Thanks for taking the time to meet with me last week concerning the License to Occupy concerning the front portion of our building on 16th Street. I'll look forward to meeting with the County Commissioners to discuss this matter in June. As mentioned, we are not opposed to ensuring that the County received "fair value" for the usage of this easement. However, we would like to propose that this alliance continue as it has for 40 years with the radio group committing to promoting the good will of the community. The relationship with the County and the Radio Stations go back a long way and have continued to be a mutually beneficial partnership. As an example: Our Morning Magazine program with Bob Soos gives airtime each week to many of the County dignitaries including: • County Administrator Joe Baird • Current County Commission Chair - Gary Wheeler • Dale Justice — Emergency management Cuordinatut • Diane Wilson — County Stormwater Education Coordinator • Deryl Loar — IRC Sheriff • Mike Redstone — Rec Dept i As well as some "sem i-regulars"(depend ing on specific issues): • Jason Brown — Budget Director • Cheryl Dunn —'IRC Health Department • Rick Herren - County Turtle expert • Bob Keating — Community Development Director • Phil Matson — Metro Planning Organization 238 • Erik Olson —Water and Sewer Director Alan Polakwich — County Attorney • Leslie Swan — Supervisor of Elections Charles Voght — Environmental Health Director Brian Burkeen —Assistant Fire Chief w Additionally, since 1973, our weekly Public Affairs show entitled Community Focus has been hosted by Indian River Counties well known interviewer Marcia Littlejohn. Examples of the topics during the past few weeks have included: • Economic Development.... Helene Caseltine • Chamber of Commerce... Penny Chandler • Emergency Management.... Hurricane Preparation s SafeSpace, (Domestic Violence) • Senior Care/Housing etc... (Home Instead, Inc) • Theatre, (Community, Equity and Children's) ! Groups Supporting Haiti P Fitness for Elderly.... Gary Kitchell of Mind,Body & Sport • Environmental Learning Center Nature Guides/Children's Programs • IR Charter School VAPA Program e Sr. Resource Association • Salvation Army • Treasure Coast Choral's benefit concert • Childcare Resource Event o Youth Guidance Event Community Events held at VBPACenter Cultural Council .... Ted Bowers • AARP... "Grandparent Scams" • Judy La fever..."SHINE"...(info re:Medicare/Medicade) • IRC Garden Club and their Garden Fest • Sun-Up/Homeless Family Center Merged As mentioned, from time to time, the County has spent money to purchase advertising to promote issues at taxpayer expense. An example would be: • Supervisor of Elections Leslie Swan recently aired an advertising schedule in the amount of $5,002 promoting early voting and changes in the polling districts. • County Sheriff Deryl Loar recently aired and advertising schedule in the amount of $1,500 concerning the Sheriffs departments efforts to curb prescription drug abuse. 239 i I In 2004, our county was hit by the eyes of two hurricanes back to back. Our studios were destroyed and yet we kept broadcasting. Our radio stations banded together under adverse conditions to work hand in hand with local and federal authorities to meet the needs of our residents hurt by these storms. We went to an all news format to provide emergency information as requested by government authorities and as called for under the circumstances. Radio "threw out the format book" during this time to help Floridians emerge from this challenge as strong communities who bonded together from this experience. If there is a message we'd like to send it is the long-standing symbiotic collaboration the radio group has had with this area, and the commitment we have to promulgating good will and safety of the residents of our area. In order to do this, last year alone we aired the equivalent of over $250,000 in Public Service Announcements, many of which benefitted our home county of Indian River. We would propose that additionally instead of cash advertising expenditures that the County be allotted an amount equivalent to the easement rent at no cost to promote important messages as Ms. Swan and Mr. Loar have chosen to do. We'll look forward to continuing our discussions on this matter with hopes that the County might see the value of the association in lieu of a cash contribution. Sincerely; Jim Davis Signed electronically: Sent via e-mail to avoid delay: Hard copy to follow. (tz,K Indian River County, Florida Property Appraiser - Printer Friendly Map Print I Back Indian River County GIS Page 1 of 1 13'g . PareelID OwnerName PropertyAddress 32402000000001000003.0 INDIAN RIVER COUNTY 800 46TH PL E VERO BEACH, FL 32963 Notes http://Www.ircpa.org/PrintMap.aspx V ay0R-) 4/12/2016 �, V I _ cam+.. � mss- _ , � ,� •E, - .. y - � •} "t:. - Mal few IFT •may F "�•' �„ — - i � 4►� �`\ `� � ! i �_.� aisr �5� t I .'! Vj ,'}i� ':➢�` .✓��1.�` k ) � `�l � � , .{' s � �•+t), ��.�` ll � ? ! s •'Y J S. �" d''.� � `��-5,. s cad �v �`� ia. 1\1�� _ �•. `•,i � -�_. Vii: •:'� i 5 ;4. � \` ��. Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 i I Print I Back I Indian River County GIS . r r►�-. y �l �� .3' r i .NGT �' t',, ,. '.� .� .. ,`�.,' , �✓ • � - s32403200006007000028A - }! Vero Beach; TER-Y'lN.� A1FiER W.r=aa - 7" 33 tu 11 o.�. i a,:aaa �`i ;; 1 "z : sf .c -•s "�"•�`'Z�''^��, ACCUGIabe v' . Map engine• a' yr:- ParcelID OwnerName PropertyAddress 32403200006001000028.0 CITY OF VERO BEACH OCEAN DR VERO BEACH, FL 32963 Notes nl V I)Lto (7-1 http://www.ircpa.org/PrintMap.aspx 4/12/2016 BCC AGENDA April 12, 2016 ITEM 14.A (1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 5, 2016 SUBJECT: Recycling Used Bikes FROM: Commissioner Bob Solari During the past year bicycle groups have become more active in Indian River county and have engaged in a number of positive activities that have been building the sport in Indian River County. At least one group has made it their mission to recycle, repair and redistribute bikes to many in our community who do not have one. Repairing and recycling bicycles seems to be a much better use of discarded bicycles than does selling them for scrap. I wanted to see if the Board was interested in making it the policy of the County to make any bikes that the County collects available to vetted bike rehab groups for repair and redistribution. I would suggest that any group accepted by the County for a rehab program be asked to submit a simple annual report noting: 1. The number of bikes taken in and recycled. 2. 1 The weight of the bikes taken in and recycled (so we can get proper credit for recycling from the state. 3. ; In broad terms, who received the bikes Thank you. 241 14.C.1 April 12, 2016 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: ' Members of the Board of County Commissioners DATE: April 6, 2016 SUBJECT: Wabasso Corridor Plan Update FROM: Wesley S. Davis Commissioner District 1 As per the discussions which took place during the Public Hearing at the April 5, 2016 Board I of County Commission meeting regarding the rezoning request, residents brought to our attention the need to update the Wabasso Corridor Plan. I kindly request your consideration in directing staff to review and update the Wabasso Corridor Plan and possibly reach out to those residents for specific concerns. 242 April 12, 2016 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: I Members of the Board of County Commissioners DATE:; April 6, 2016 SUBJECT: Request the Board to consider "Going Orange" in September for Hunger Action Month. FROM: Peter O'Bryan Commissioner, District 4 Back up provided. 243 Peter D. O'Bryan From: Rhonda Blakey <rblakey@tcfoodbank.org> Sent: Friday, April 01, 2016 10:46 AM To: Peter D. O'Bryan Subject: I Go Orange Attachments: GoOrangeCombined.pdf I Hi Peter, Great to see you last night! i Every September, the IRC Board of County Commissioners recognizes us for Hunger Action Month, the national Feeding America campaign to raise awareness about the issue of hunger in local communities. One of the unique aspects, is the "go orange" component. Buildings throughout the Treasure Coast and Okeechobee light up orange for the entire month. TCFB promotes that partnership throughout the month of September with pictures on our robust social media platforms. We would be thrilled to have your building light up this year. We can provide the orange gels and I have attached a document that goes into further detail, along with a participation form. If there is someone I should specifically contact, please let me know. I know this may seem early, but we would like to get an idea of who will be partnering with us so we can place the gel order. Thanks so much,for your consideration and your partnership! )24oKdw I Rhonda Blakey / Director of Donor Relations rblakey@tcfoodbank.orp, e.4.A01 Cn+l;, iMOD BANK Treasure Coast Food Bank Office: 772-489-3034 Ext. 11/ Fax: 772-489-5673 401 Angle Road,�Fort Pierce, FL 34947 stophuneer.org Have you met Kate? 244 GO ORANGE FOR HUNGER One In six people on the Treasure Coast and Okeechobee face hunger. This September, we ask that you Go Orange for Hunger to raise awareness of this critical issue. As individuals, charities, businesses and government, we all have a role to play in getting more food to people in need. WHY GO ORANGE FOR HUNGER ACTION MONTH? To celebrate Go Orange Day on September 1st and bring awareness of the issue of hunger in our community throughout September, buildings, landmarks and people across the country will go orange. Hunger Action Month is our opportunity to be a part of a month-long movement that has a real and lasting impact on the mission to end hunger in America. In 2015 more buildings, landmarks and people than ever before turned their lights orange, wore orange or went orange on social media in commemoration of Hunger Action Month However you choose to participate, thank you for your commitment to ending hunger in our community! Please remember to share, post and tweet how you Go Orange for Hunger this September using ##HungerActionMonth Donate. Volunteer Advocate Educate. Together, we can .solve hunger"' Visit stophunger.org to lean more YOU HAVE A ROLE TO PLAY Individuals and families, buildings, landmarks, businesses, schools, universities and restaurants can all Go Orange for Hunger! Consider these great ideas • Wear orange clothing on September 1st and ask co-workers, friends and families to join you. Take a group photo and tweet it to @FeedingAmerica and @TCFoodBank using $tHungerActionMonth • Light your home orange for the month by purchasing orange light bulbs and replacing your outdoor or indoor lighting with them. • Ask the manager of your office building, house of worship and community landmark if they can light up the building in orange for the month, a week or just one day. Cover lighting fixture with orange lighting filters, gels or create a visual display using the Hunger Action Month Logo. • Tweet about #1HungerActionMonth and include the color orange or the Hunger Action Month logo in your social media profile photos during September. TREASURE COAST FOOD BANK -EER MG' .-.....r AMERICA 245 Light Up Orange t a 1��1 s��T: t` •t P TREASURE COAST FOOD BANK FEEDNG' .�,�e...r AMER CA Hunger is closer than you think. In fact, it's right here in our area. This September, during Hunger Action Month, we're reaching out for help in shedding some light on this critical issue. Here's how you can play a role- • Light up your building during the month of Septe I ber using orange lighting filters or gels • Educate your employees and building occupants on hunger and your support • Go orange on your website & social media platforms • Ask employees to wear orange on certain days during the month • Engage the media in your efforts to Light Up Orange • Issue a press release to local media about how you will Light Up Orange • Consider a press event, such as a lighting ceremony, to draw local media to your door I Just submit the attached form to flip the switch and be on your way to joining Light Up Orange! Thank You! ,alio, <:in ;9,,_ U,c, v -it vdww.stophunger.org 246 TREASURE COAST ,FOOD BANK i FEEDNG AMERICA Participation Form Please fill out this form to participate in Light Up Orange. You can submit the form to ham@tcfoodbank.org or fax it to 772-489-5673. Thank you! CONTACT TACT INFORMATION . . . . ..... ... ..... ....... ...... BUSINESS NAME BUSINESS TYPE ... .. . ... . ... CONTACT NAME CONTACT TITLE ... ..... ..... ...... ..... ADDRESS .. .. ... ... ...... .. . ....... .. . .. .... ... .... .. ... CITY STATE ZIP FAX TELEPHONE ... ....... ... EMAIL PARTICIPATION OPTIONS MY BUILDING/LANDMARK WILL LIGHT UP ORANGE ON THESE DATES .... ....... ... ... ...... . PARTICIPATION DESCRIPTION ........ . I . . ..... . .. . - .... ..... . ..... . .. .. . ......... .. MY BUSINESS WOULD LIKE TO RECEIVE MORE INFORMATION ON WAYS TO HELP END HUNGER IN THE COMMUNITY D MY BUSINESS WOULD LIKE MORE INFORMATION ON HOW TO OBTAIN LIGHT UP ORANGE TOOLS SIGNATURE DATE 247 �