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11/21/2017
0 COUNTY COMMISSIONERS DISTRICT Joseph E. Flescher, Chairman District 2 Peter D. O'Bryan, Vice Chairman District 4 Susan Adams District 1 Bob Solari District 5 Tim Zorc District 3 1. 2. CALL TO ORDER 9:00 A.M. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 21, 2017 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 180127 1h Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS INVOCATION GRANICUS # Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN ELECTION OF BOARD OF COUNTY COMMISSION VICE-CHAIRMAN 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS November 21, 2017 Page 1 of 6 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Monetary Grants for Recycling Pilot Program within the Indian River County School District, by Stephanie Fonveille, Recycling 17-1185 Education and Marketing Coordinator, Indian River County 6. APPROVAL OF MINUTES None 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Thank You Note for Public Works Department 17-1203 B. Indian River County Venue Event Calendar Review 17-1200 8. CONSENT AGENDA A. Checks and Electronic Payments November 3, 2017 to November 9, 2017 17-1191 B. Vero Beach Regional Airport - Request for Letter of Support 17-1186 C. Miscellaneous Budget Amendment 001 17-1187 D. Recommended Selection of Consultant for RFQ 2018006 - Engineering and Biological Support Services for Sector 3 Beach (Wabasso Beach) and 17-1188 Dune Renourishment Project E. Approval of Mailroom Copier Lease Agreement and Amendment with 17-1193 U.S. Bank and Atlantic Business Solutions Maintenance Agreement F. Declaration of Excess Equipment as Surplus for Sale or Disposal 17-1195 G. Miscellaneous Budget Amendment 021 17-1196 H. Recommended Selection of Consultant for RFQ 2018007 - Engineering and Biological Support Services for Sector 7 (Porpoise Point) Beach and 17-1198 Dune Renourishment Project I. Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Melissa Dean & Donald Arthur Frost 6350 65th Street, Vero Beach, FL 17-1183 32967 Originals for Execution November 21, 2017 Page 2 of 6 9. J. Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Fischer Family Partnership, LLC 6425 77th Street, Vero Beach, FL 32967 17-1184 Originals for Execution K. Land Purchase - Future Expansion Owner: G & T, LLC 1612 20th Street, Vero Beach, FL 32960 2015 16th Avenue, Vero Beach, FL 32960 17-1192 Originals for Execution L. Countryside Citrus Well Mitigation Plan - Design Phase 17-1194 M. Subordination of City Utility Easements to the Florida Department of Transportation, for the SR 60/43rd Avenue Project 17-1201 Originals for Execution CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing for December 5, 2017: County Initiated Request to Amend the 5 . Year Capital Improvements Program and the Supporting Data and Analysis of 17-1171 the Capital Improvements Element of the Comprehensive Plan for the Period FY 2017/18 - 2021/22 (Legislative) 2. Notice of Scheduled Public Hearing for December 5, 2017: Dee Brown's Request for Abandonment of a Portion of 21st Place Between 97th Road and East 98th Avenue Lying South of Lots 17-1190 1-3, Block I -I and North of Lots 7-9, Block H -H of Vero Tropical Gardens, Unit 2 [ROWA-17-07-04 / 2003090183- 79125] (Legislative) 11. COUNTY ADMINISTRATOR MATTERS None November 21, 2017 Page 3 of 6 12. DEPARTMENTAL MATTERS A. Community Development 1. Condemnation, Demolition and Removal of Unsafe Structure 17-0963 Located at 4076 Old Dixie Highway, Vero Beach B. Emergency Services 1. Signing of Work Order No. 3 for Radio System P25 Migration Project 17-1189 Originals for Execution C. General Services None 1, Human Services None 2. Sandridge Golf Club None 3. Recreation None D. Human Resources None E. Office of Management and Budget 1. 4th Quarter Preliminary FY 2016/2017 Budget Report 17-1204 F. Public Works None G. Utilities Services None 13. COUNTY ATTORNEY MATTERS A. Indian River County Committees - Member Reappointments 17-1172 B. Amendment to Hobart Tower Lease 17-1205 November 21, 2017 Page 4 of 6 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher None B. Commissioner Peter D. O'Bryan None C. Commissioner Susan Adams None D. Commissioner Bob Solari 1. Senate Bill 574, Senator Greg Steube's Tree Bill 17-1197 E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency 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 November 21, 2017 Page 5 of 6 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.ircgov.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. 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 Saturn at 12:00 Noon to 5:00 p.m. November 21, 2017 Page 6 of 6 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM SA Public Presentation Date: Date: November 9, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Thru: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Stephanie C. Fonvielle, Recycling Education and Marketing Coordinator, SWDD Subject: Monetary Grants for Recycling Pilot Program within the Indian River County School District Solid Waste Disposal District (SWDD) staff has been working closely with the Indian River County School District (IRCSD) to develop a pilot program where four selected schools would receive the necessary recycling containers and equipment to establish a robust campus -wide recycling program. To bring this program to fruition, SWDD applied for, and was awarded, two monetary grants: a $2,500 grant from Waste Management's Think Green Grant Program and a $5,000 grant from the Carton Council's School Carton Recycling Grant Program. The SWDD staff would like to publically thank both Waste Management and the Carton Council for coming alongside the County and the IRCSD in our efforts to increasing recycling at our schools. Attachments: 1. Waste Management Think Green Grant Recipient Confirmation Email 2. Carton Council Grant Recipient Confirmation Email @BCL@500E35AO.doex Page - 1 - P1 From: McCormick, Dawn To: Stephanie Fonvielle Cc: Boyson. Amv; Reider-Hicks. Dina Subject: 2017 Think Green Grants Date: Thursday, August 24, 2017 12:38:30 PM Attachments: 2017ThinkGreenGrants finalrewrt .door Photo and Video Release.pdf Hi Stephanie: I'm pleased to let you know that Indian River County Solid Waste Disposal District has been awarded a $2,500 Think Green Grant for 2017/18 to be utilized for the IRC School Recycling Pilot Program. I'll process the payment which will take approximately 45 days. Amy Boyson is available to work with you on the project, so please keep her informed of the timeline and key dates/activities. Attached is an End of Year Report for you to fill out and return to me by December 1, 2017 (even if the project is not complete) along with a Photo/Video Release for publicity purposes. Congratulations! Dawn McCormick Director, Communications Eit Community Relations dmccormicko?wm.com Waste Management Inc. of Florida 2700 Wiles Road Pompano Beach, FL 33073 Office: (954) 984-2041 Cell: (954) 226-9894 Waste Management recycles enough paper materials to save 110 million trees each year. Visit recycleoftenrecycleright.com. Recycling is a good thing. Please recycle any printed emails. P2 Heather Alexander From: Stephanie Fonvielle Sent: Monday, November 13, 2017 8:44 AM To: Heather Alexander Subject: FW: grant From: Barbara Heineken [mai lto:bheineken@recycle. com] Sent: Friday, November 10, 2017 2:09 PM To: Stephanie Fonvielle <sfonvielle@ircgov.com> Subject: grant Hi Stephanie. Sorry I didn't get this to you yesterday. We have reviewed your grant application to add cartons in Indian River Schools. I know we have talking about this program for a while now, so I am very excited that you are going to get started this school year. I was especially excited.to see that Waste Management has given a grant to support the program. I am also happy to see that your plan includes expansion of the program to more schools based on the success of the initial pilot. Success will breed success. Thanks for your support of carton recycling in the schools. Cartons are a significant portion of the waste stream, and with a successful recycling program, the schools will see a significant drop in their waste costs. Looking forward to seeing you on the 21St Kind regards, Barbara —for Carton Council BARBARA HEINEKEN Consultant I RRS I RECYCLE.COM 813.802.8036 1 bheineken(Wrecycle.com P3 IRC School Recycling Pilot Program Stephanie Fonvielle Recycling Education and Marketing Coordinator Solid Waste Disposal District Th Vision Tbprovide the tools for campus -wide recycling atselected schools which, if successful, will serve asamodel that can be expanded toother schools inIRC. 11/21/2017 Program Description Provide tools for recycling: • Classrooms • Hallways • Offices • Outdoor Areas • Copier Rooms/Lounges - • Cafeteria ~s4 7901, 30901. 13 gal. slim 31 go]. Tandem Dolly offices Classrooms Hallways Outdoors 11/21/2017 3' 2 Program Description Signage recycle acress arnericcL Posters made Sq, by the students A" 4 Data Collect before -and -after data for garbage and recycling. Provide pre- and post -program surveys Thank You to our Sponsors $5,000 Carton Recycling Grant Program • The Carton Recycling Grant is designed specifically to help schools across the country establish school carton recycling programs with the objective of increasing awareness of school carton recycling. 11/21/2017 3- 3 Thank You to our Sponsors WASTE MANAGEMENT Think Green Grant Program • "The Waste Management Think Green Grants are part of their company's ongoing national effort to encourage the development of local community engagement and environmental solutions that build sustainable communities." Thank You to the School District and School Staff • Dr. Mark Rendell, Superintendent • Robert Michael, Director of Physical Plant • Principal Chris Kohlstedt and Pelican Island Elementary School Staff • Principal Casandra Flores and Rosewood Magnet Elementary School Staff • Principal Anne Bieber and Storm Grove Middle School Staff • Assistant Principal Hilary Poole and VBHS Freshman Learning Center Staff 11/21/2017 3- 4 November 21, 2017 ITEM 74 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: - Members of the Board of County Commissioners DATE: November 14, 2017 SUBJECT: Thank You Note for Public Works Department FROM: Peter O'Bryan Commissioner, District 4 Ms. Donna Barfield sent in a Thank You note to the Public Works Department. P4 7,� INFORMATIONAL ITEM Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar VNA Holiday Grief Counseling -'Private Event November 28 @ iG Center: • 4:30 - 8:30pm for VNA Attendees ONLY Refelections Jazz Concert December 1 @IRC Fairgrounds: • 7,pm-8:30pm Swim Meet - Private Event - ,NCAC CLOSED December 2 @ North County Aquatic Center Commissioner O'Bryan's: South County Community Meeting December 4 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Beachtown Music Festival December 8-9 @ IRC Fairgrounds: • Fri: 4-9pm • Sat: 7-11pm www.beachtownfestival.com 28th Annual Indian River County Senior Golf Championship December 9-10 ,@ Sandridge: • 8am both days Four Lakes POA Meeting - Private Event December 14 @ iG Center: • 2-3pm: For Four Lakes Residents ONLY Santa Calling -FREE Phone Calls from the North Pole December 14 @ iG Center: • 5:30-8:30pm - Registered Children will receive a call from Santa Vero Beach Gun Show December 16-17 @ IRC Fairgrounds: www.patriotshows.com • Saturday 9am-5pm • Sunday 9am4pm P5 PAGE 2 IRC Holiday -Luncheon - Private Event December 20 @IRC Fairgrounds: • 11 am-2pm Community Office Hours Event December 21 @ North IRC Library: • 10am- One on one with Commissioner Susan Adams Churches of IRC .Prayer Meeting January 5 @ IRC Fairgrounds: • Fri: 5:30-9:30pm Vero Beach Coastal Classic Gymnastics Meet January 5-6 @ iG Center: • Fri: 5-8pm • Sat: 8-6pm Commissioner O'Bryan's: South County Community Meeting January 8 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Vero Beach Home Show January 13-14 @ TRC Fairgrounds: www.patriotshows.com • .Saturday l0am-5pm •.Sunday loam-4pm Community Office Hours Event January 18 @ North IRC Library: • l0am- One on one with Commissioner Susan Adams Puchstein's Vero 'Beach Antique Extravaganza January 26-28,@ TRC Fairgrounds: • Friday 12-6pm • Saturday 9am-5pm • Sunday 9am-4pm P6 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271" Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM. ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 9, 2017 corp, U) } Alk SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 3, 2017 to November 9, 2017 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 November 3, 2017 to November 9, 2017. P7 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 360115 11/06/2017 1066 US HWY I LLC 121,459.87 360116 11/08/2017 PORT CONSOLIDATED INC 19,329.52 360117 11/08/2017 JORDAN MOWER INC 3.43 360118 11/08/2017 COMMUNICATIONS INTERNATIONAL 190,873.00 360119 11/08/2017 TEN -8 FIRE EQUIPMENT INC 226;845.97 360120 11/08/2017 VERO CHEMICAL DISTRIBUTORS INC 643.95 360121 11/08/2017 PERERS ENTERPRISES INC 1,222.37 360122 11/08/2017 CHISHOLM CORP OF VERO 193.00 360123 11/08/2017 KIMLEY BORN & ASSOC INC 1,500.00 360124 11/08/2017 VELDE FORD INC 804.38 360125 11/08/2017 SAFETY KLEEN SYSTEMS INC 359.80 360126 11/08/2017 GAYLORD BROTHERS INC 308.22 360127 11/08/2017 HACH CO 4,288.36 360128 11/08/2017 LFI FORT PIERCE INC 794.88 360129 11/08/2017 BOUND TREE MEDICAL LLC 2,175.30 360130 11/08/2017 VERO INDUSTRIAL SUPPLY INC 7.50 360131 11/08/2017 TIRE -SOLES OF BROWARD INC 1,387.64 360132 11/08/2017 BARTH CONSTRUCTION INC 280,889.31 360133 11/08/2017 AMERICAN WATER CHEMICALS INC 25,265.00 360134 11/08/2017 PRECISION SMALL ENGINE CO INC 159.72 360135 11/08/2017 DELL MARKETING LP 1,603.87 360136 11/08/2017 THE GOODYEAR TIRE & RUBBER COMPANY 6.783.20 360137 11/08/2017 BAKER & TAYLOR INC 2,440.32 360138 11/08/2017 MIDWEST TAPE LLC 574.76 360139 11/08/2017 MICROMARKETING LLC 423.57 360140 11/08/2017 CENGAGE LEARNING INC 37.50 360141 11/08/2017 CITY OF VERO BEACH 8,242.28 360142 11/08/2017 INDIAN RIVERALL FAB INC 85.00 360143 11/08/2017 LIVINGSTON PAGE 96.00 360144 11/08/2017 ACUSHNET COMPANY 3,258.36 360145 11/08/2017 DEANGELO BROTHERS INC 278.00 360146 11/08/2017 FEDERAL EXPRESS CORP 51.66 360147 11/08/2017 MUNICIPAL CODE CORPORATION 703.84 360148 11/08/2017 TIMOTHY ROSE CONTRACTING INC 850,167.71 360149 11/08/2017 CALLAWAY GOLF SALES COMPANY 258.43 360150 11/08/2017 FLORIDA POWER AND LIGHT 4,852.54 360151 11/08/2017 FLORIDA POWER AND LIGHT 2,155.06 360152 11/08/2017 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 360153 11/08/2017 IRC HOUSING AUTHORITY 442.00 360154 11/08/2017 STATEATTORNEY 37,498.55 360155 11/08/2017 US KIDS GOLF LLC 159.44 360156 11/08/2017 MEDICARE PART B FINANCIAL SERVICES 931.65 360157 11/08/2017 FLORIDA STATE GOLF ASSOCIATION 59.00 360158 11/08/2017 AARP INSURANCE 74.20 360159 11/08/2017 HENRY SMITH 116.00 360160 11/08/2017 KENNETH JAMES BINGHAM JR 260.00 360161 11/08/2017 INTERNATIONAL ASSOCIATION OF 120.00 360162 11/08/2017 INTERNATIONAL ASSOCIATION OF 110.00 360163 11/08/2017 ALAN C KAUFFMANN 160.00 360164 11/08/2017 BLUE CROSS BLUE SHIELD 75.52 360165 11/08/2017 INTERNATIONAL CODE COUNCIL INC 287.00 360166 11/08/2017 HUMANA 597.01 360167 11/08/2017 BRIDGESTONE AMERICAS INC 1,135.92 360168 11/08/2017 TRANE US INC 760.98 360169 11/08/2017 CELICO PARTNERSHIP 3,419.89 360170 11/08/2017 TMQ INC 475.00 360171 11/08/2017 WILLIAM SCHUTT 30.80 360172 11/08/2017 DAWN BRADFORD 19.00 P8 TRANS NBR DATE VENDOR AMOUNT 360173 11/08/2017 VAN WAL INC 153.00 360174 11/08/2017 JOSEPH W VASQUEZ 72.00 360175 11/08/2017 BNI PUBLICATIONS INC 1,455.55 360176 11/08/2017 MBV ENGINEERING INC 29,625.00 360177 11/08/2017 CENTRAL PUMP & SUPPLY INC 10.07 360178 11/08/2417 ETR LLC 127.76 360179 11/08/2017 STAPLES CONTRACT & COMMERCIAL INC 66.74 360180 11/08/2017 PELICAN ISLES LP 16.00 360181 11/08/2017 ART KRAFT SIGN CO INC 10,716.00 360182 11/08/2017 GLOVER OIL COMPANY INC 17,594.97 360183 11/08/2017 GARY L EMBREY 360.00 360184 11/08/2017 LARRY STEPHENS 36.00 360185 11/08/2017 D&S ENTERPRISES OF VERO BCH LLC 6.40 360186 11/08/2017 PETER OBRYAN 15.53 360187 11/08/2017 PAK MAIL 114.93 360188 11/08/2017 JOHNNY B SMITH 240.00 360189 11/08/2017 MOORE MEDICAL LLC 2,095.18 360190 11/08/2017 CHARLES A WALKER 60.00 360191 11/08/2017 BRIAN FREEMAN 27.09 360192 11/08/2017 MICHAEL KORPAR 140.00 360193 11/08/2017 MADESSIA FLOWERS 48.00 360194 11/08/2017 SOUTHEAST SECURE SHREDDING 80.68 360195 11/08/2017 TREASURE COAST FOOD BANK INC 244.76 360196 11/08/2017 TERESA PULIDO 240.00 360197 11/08/2017 WINSUPPLY OF VERO BEACH 261.15 360198 11/08/2017 T C ENTERPRISE 15,261.00 360199 11/08/2017 FLORIDA MEDICAID 267.69 360200 11/08/2017 LAZENBY & ASSOCIATES INC 866.09 360201 11/08/2017 VERA SMITH 48.00 360202 11/08/2017 SOUTHEAST JET CONSULTLANTS INC 105.00 360203 11/08/2017 LINDSEY GARDENS II LTD 461.00 360204 11/08/2017 THOMPSONS REMODELING & HOME REPAIR INC 3,525.00 360205 11/08/2017 JOSEPH CATALANO 100.00 360206 11/08/2017 CIT FINANCE LLC 186.21 360207 11/08/2017 FBM HOLDINGS LLC 479.00 360208 11/08/2017 FREEDOM HEALTH 302.75 360209 11/08/2017 LOWES HOME CENTERS INC 3,045.88 360210 11/08/2017 GAUDET ASSOCIATES INC 878.88 360211 11/08/2017 CARDINAL HEALTH 110 INC 157.63 360212 11/08/2017 ALEX MIKLO 120.00 360213 11/08/2017 BURNETT LIME CO INC 6,456.80 360214 11/08/2017 PENGUIN RANDOM HOUSE LLC 717.00 360215 11/08/2017 DEC.KMASTERS LLC 900.00 360216 11/08/2017 SUN MOUNTAIN SPORTS INC 900.00 360217 11/08/2017 WEST SAFETY SERVICES INC 1,950.00 360218 11108/2017 BIRCH WOOD CASEY LLC 3,907.00 360219 11/08/2017 DEBORAH CUEVAS 120.00 360220 11/08/2017 KATE P COTNER 357.92 360221 11/08/2017 WADE WILSON 120.00 360222 11/08/2017 DUININCK INC 67,050.00 360223 11/08/2017 STACEY BUSH 28.50 360224 11/08/2017 COAST TO COAST COMPUTER PRODUCTS 209.98 360225 11/08/2017 BERNARD EGAN & COMPANY 137_,318.08 360226 11/08/2017 EAST COAST VETERINARY SERVICES LLC 41.00 360227 11/08/2017 RONALD NICHELSON 60.00 360228 11/08/2017 FOUNDATION FOR AFFORDABLE RENTAL 7.00 360229 11/08/2017 EMA INC 1,037.87 360230 11/08/2017 MICHAEL EDWARD HAMILTON 318.18 360231 11/08/2017 THE TRANSIT GROUP INC 10,399.50 360232 11/08/2017 ANFIELD CONSULTING GROUP INC 10,000.00 P9 TRANS NBR DATE VENDOR AMOUNT 360233 11/08/2017 SCRIPPS NP OPERATING LLC 257.77 360234 11/08/2017 JOSEPH DIZONNO 140.00 360235 11/08/2017 MOLINA HEALTHCARE MEDICAID 310.82 360236 11/08/2017 MOLINA HEALTHCARE MEDICAID 76.60 360237 11/08/2017 RED THE UNIFORM TAILOR 1,802.53 360238 11/08/2017 JENNIFER E PROPER 70.00 360239 11/08/2017 CATHEDRAL CORPORATION 17,868.39 360240 11/08/2017 UNIFIRST CORPORATION 713.53 360241 11/08/2017 MOTION PICTURE LICENSING CORPORATION 629.44 360242 11/08/2017 GOTTA GO GREEN ENTERPISES INC 218.04 360243 11/08/2017 RUSSELL L OWEN Ill 100.00 360244 11/08/2017 WEST FLORIDA MAINTENANCE INC 11,081.20 360245 11/08/2017 CERES ENVIRONMENTAL SERVICES 179,551.76 360246 11/08/2017 TRIHEDRALINC 9,517.50 360247 11/08/2017 COVERALL NORTH AMERICA INC 107.50 360248 11/08/2017 GRAVES INJURY LAW 96.87 360249 11/08/2017 MATHESON TRI -GAS INC 3,078.08 360250 11/08/2017 PEOPLE READY INC 15,338.89 360251 11/08/2017 ROBERT 0 RICHARDSON III 60.00 360252 11/08/2017 EMILY GOUGE 120.00 360253 11/08/2017 WILLIS SPORTS ASSOCIATION INC 1,462.94 360254 11/08/2017 COLE AUTO SUPPLY INC 1,951.06 360255 11/08/2017 WILLIE BURDEN 180.00 360256 11/08/2017 MAR1SAALEXANDER 16.00 360257 11/08/2017 CANON FINANCIAL SERVICES INC 247.51 360258 11/08/2017 SAMUEL HUNTER 181.71 360259 11/08/2017 ALLAN D KELLERMAN 13,760.00 360260 11/0812017 ADVANCED ROOFING INC 121,910.04 360261 11/08/2017 DAVE FORD PAINTING INC. 14,750.00 360262 11/08/2017 STUART RUBBER STAMP & SIGN CO INC 85.26 360263 11/08/2017 CORE & MAIN LP 883.75 360264 11/08/2017 ERIC SKALA 132.00 360265 11/08/2017 STEWART MATERIALS LLC 9,963.65 360266 11/08/2017 REYES GROUP GENERAL CONSTRUCTION LLC 21,595.00 360267 11/08/2017 KAISERKANE STORM LLC 5,923.84 360268 11/08/2017 ANNIE LFURRER 91.37 360269 11/08/2017 JACQUELINE HIERS 10.00 360270 11/08/2017 RICHARD J HILLS 250.00 360271 11/08/2017 SUZANNE JACOBS 18.13 360272 11/08/2017 JAMES E KIELLEY 102.13 360273 11/08/2017 DONALD H KUHNE 5.88 360274 11/08/2017 RUSSELL LIPSITZ 65.00 360275 11/08/2017 ROBERT E LORYSR 97.78 360276 11/08/2017 WILLIAM P MATHEWS 519.04 360277 11/08/2017 JOYCE E MOORE 88.16 360278 11/08/2017 MICHAEL B MURPHY 87.87 360279 11/08/2017 BARBARA MURPHY 300.40 360280 11/08/2017 BURNS & SONS CONCRETE INC 100.00 360281 11/08/2017 AMA INSURANCE AGENCY INC 168.41 360282 11/08/2017 ANNE ANDERSON 105.07 360283 11/08/2017 CATHLEEN BOWEN 279.40 360284 11/08/2017 STEPHEN T BARAN 100.84 360285 11/08/2017 ROBERT A BARTH 93.41 360286 11/08/2017 MARSHALLABARRETT JR 83.10 360287 11/08/2017 MAUREEN ALBRECHT 272.82 360288 11/08/2017 DEANDREACUEVAS 84.00 360289 11/08/2017 JASON URBONOWICZ 276.64 360290 11/08/201? WARREN CATERSON 200.00 360291 11/08/2017 UTILREFUNDS 86.90 360292 11/08/2017 UTIL REFUNDS 42.32 P10 TRANS NBR DATE VENDOR AMOUNT 360293 11/08/2017 UTIL REFUNDS 28.03 360294 11/08/2017 UTIL REFUNDS 31.26 360295 11/08/2017 UTIL REFUNDS 172.96 360296 11/08/2017 UTIL REFUNDS 10.53 360297 11/08/2017 UTIL REFUNDS 42.60 360298 11/08/2017 UTIL REFUNDS 65.16 360299 11/08/2017 UTIL REFUNDS 76.72 360300 11/08/2017 UTIL REFUNDS 69.88 360301 11/08/2017 UTIL REFUNDS 32.74 360302 11/08/2017 UTIL REFUNDS 40.96 360303 11/08/2017 UTILREFUNDS 36.62 360304 11/08/2017 UTIL REFUNDS 38.20 360305 11/08/2017 UTIL REFUNDS 40.54 360306 11/08/2017 UTIL REFUNDS 69.80 360307 11/08/2017 UTIL REFUNDS 36.92 360308 11/08/2017 UTILREFUNDS 28.65 360309 11/08/2017 UTIL REFUNDS 62.86 360310 11/08/2017 UTIL REFUNDS 37.20 360311 11/08/2017 UTILREFUNDS 12.81 360312 11/08/2017 UTIL REFUNDS 42.32 360313 11/08/2017 UTIL REFUNDS 7.20 360314 11/08/2017 UTIL REFUNDS 251.84 360315 11/08/2017 UTILREFUNDS 7,86 360316 11/08/2017 UTIL REFUNDS 1.34 360317 11/08/2017 UTIL REFUNDS 43.97 360318 11/08/2017 UTIL REFUNDS 37.62 360319 11/08/2017 UTIL REFUNDS 69.55 360320 11/08/2017 UTIL REFUNDS 40.41 360321 11/08/2017 UTIL REFUNDS 22.47 360322 11/08/2017 UTIL REFUNDS 79.90 360323 .11/08/2017 UTIL REFUNDS 3.97 360324 11/08/2017 UTIL REFUNDS 25.08 360325 11/08/2017 UTILREFUNDS 65.82 360326 11/08/20,17 UTIL REFUNDS 30.85 360327 11/08/2017 UTIL REFUNDS 48.91 360328 11/08/2017 UTIL REFUNDS 89.37 360329 11/0812017 UTIL REFUNDS 86.22 360330 11/08/20.17 UTIL REFUNDS 45.35 360331 11/08/2017 UTIL REFUNDS i.58 360332 11/08/2017 UTIL REFUNDS 26.79 360333 11/08/2017 UTILREFUNDS 37.66 360334 11/08/2017 UTILREFUNDS 25.82 360335 11/08/2017 UTIL REFUNDS 11.15 360336 11/08/2017 UTILREFUNDS 948.08 360337 11/08/2017 UTILREFUNDS 173.58 360338 11/08/2017 UTIL REFUNDS 203.89 360339 11/08/2017 UTIL REFUNDS 62.95 360340 11/09/2017 CITY OF VERO BEACH 55,793.55 Grand Total: 2,636,119.94 P11 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1012308 11/03/2017 AT&T 1,420.02 1012309 11/03/2017 OFFICE DEPOT BSD CUSTOMER SVC 1,081.02 1012310 11/03/2017 WASTE MANAGEMENT INC 2,036.22 1012311 11/03/2017 POLYDYNE INC 2,648.80 1012312 11/03/2017 T -MOBILE USA INC 344.25 1012313 11/06/2017 EVERGLADES FARM EQUIPMENT CO INC 446.43 1012314 11/06/2017 DEMCOINC 1,281.97 1012315 11/06/2017 CENTER POINT INC 12,324.96 1012316 11/06/2017 ABCO GARAGE DOOR CO INC 129.00 1012317 11/06/2017 ALLIED UNIVERSAL CORP 14,973.77 1012318 11/06/2017 COMO OIL COMPANY OF 'FLORIDA 287.43 1012319 11/06/2017 ESRI INC 6,200.00 1012320 11/06/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 113.33 1012321 11/07/2017 OFFICE DEPOT BSD CUSTOMER SVC 1,622.62 1012322 11/07/2017 WASTE MANAGEMENT INC 1,878.90 1012323 11/07/2017 INDIAN RIVER BATTERY 162.90 1012324 11/07/2017 INDIAN RIVER OXYGEN INC 3,563.75 1012325 11/07/2017 GALLS LLC 7,402.41 1012326 11/07/2017 MEEKS PLUMBING INC 372.00 1012327 11/07/2017 IRRIGATION CONSULTANTS UNLIMITED INC 39.83 10.12328 11/07/2017 GROVE WELDERS INC 62.35 1012329 11/07/2017 RECORDED BOOKS LLC 404.60 1012330 11/07/2017 SOUTHERN COMPUTER WAREHOUSE 4,939.33 1012331 11/07/2017 SOUTHERN PLUMBING INC 406.00 1012332 11/07/2017 SOUTHERN JANITOR SUPPLY INC 2,349.16 1012333 11/07/2017 METRO FIRE PROTECTION SERVICES .INC 629.99 1012334 11/07/2017 WACO FILTERS CORPORATION 7,785.00 1012335 11/07/2017 PIONEER MANUFACTURING 840.00 1012336 11/07/2017 HYDRA SERVICE (S) INC 4,996.00 1012337 11/07/2017 RADWELL INTERNATIONAL INC 108.17 1012338 11/09/2017 EVERGLADES. FARM EQUIPMENT CO INC 1,032.76 1012339 11/09/2017 COLD AIR DISTRIBUTORS WAREHOUSE 359.78 1012340 11/09/2017 APPLE INDUSTRIAL SUPPLY CO 70.08 1012341 11/09/2017 ALLIED UNIVERSAL CORP 2,577.65 1012342 11/09/2017 COMPLETE ELECTRIC INC 1,383.37 1012343 11/09/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 25.99 1012344 11/09/2017 FILTRATION GROUP CORPORATION 721.32 Grand Total: 87,021.16 P12 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5508 11/03/2017 SENIOR RESOURCE ASSOCIATION 462.59 5509 11/03/2017 IRC FIRE FIGHTERS ASSOC 7,320.00 5510 11/03/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 34,348.87 5511 11/03/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 2,478.97 5512 11/03/2017 VETERANS COUNCIL OF I R C 4,772.55 5513 11/03/2017 IRC CHAMBER OF COMMERCE 16,257.47 5514 11/03/2017 IRC CHAMBER OF COMMERCE 22,001.48 5515 11/03/2017 FIDELITY SECURITY LIFE INSURANCE COMPANY 2,820.42 5516 11/03/2017 TOTALADMINISTRATIVE SERVICES CORP 10,,098.41 5517 11/03/2017 PIERCE MANUFACTURING INC 799,801.00 5518 11/06/2017 C E R SIGNATURE CLEANING 5,000.00 5519 11/06/2017 IRS -PAYROLL TAXES 459.00 5520 11/06/2017 IRS -PAYROLL TAXES 464,398.35 5521 11/06/2017 FL SDU 5,912.36 5522 11/08/2017 IRS -PAYROLL TAXES 193.72 5523 11/08/2017 MUTUAL OF OMAHA 7,326.67 5524 11/08/2017 AMERICAN FAMILY LIFE ASSURANCE CO 18,663.24 5525 11/08/2017 I R C HEALTH INSURANCE - TRUST 604,543.67 5526 11/09/2017 INDIAN RIVER COUNTY SHERIFF 11,644.04 5527 11/09/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 17,661.98 5528 .11/09/2017 WEST HEALTH ADVOCATE SOLUTIONS INC 1,150.05 5529 11/09/2017 CHARD SNYDER & ASSOCIATES INC 278.80 5530 11/09/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 35,895.50 5531 11/09/2017 MUTUAL OF OMAHA 16,750.25 5532 11/09/2017 IRC CHAMBER OF COMMERCE 16,686.97 5533 11/09/2017 IRC CHAMBER OF COMMERCE 9,296.88 5534 11/09/2017 IRL COUNCIL 50,000.00 Grand Total: 2,166,223.24 P13 Office of the ?8 INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: November 13, 2017 SUBJECT: Vero Beach Regional Airport — Request for Letter of Support DETAILS: The Vero Beach Regional Airport is making an application for a grant through the Small Community Air Service Development Program (SCASDP). Eric Menger, Airport Director, has requested a letter of support from the Indian River County Board of County Commission to include with the application package. Attached please find a draft letter of support to be reviewed by the Board for the Chairman's signature. FUNDING: This is not a request for Funding or a Grant Match from Indian River County Board of County Commission. RECOMMENDATION: It is recommended that the Board of County Commission review and approve the draft letter of support for the Vero Beach Regional Airport's Small Community Air Service Development Program Grant Application. P14 BOARD OF COUNTY COMMISSIONERS Susan Adams District I Joseph E Flescher District 2 November 21, 2017 Ms. Brooke Chapman, Associate Director Office of Aviation Analysis 1200 New Jersey Avenue, SE Washington, DC 20590 Dear Ms. Chapman: Tim Zorc District 3 Peter D. O'Bryan District 4 Bob Solari District 5 Indian River County Board of County Commission strongly supports the Vero Beach Regional Airport in its pursuit of marketing and incentive funding to assist in growing commercial airline service in our area. The existing service, Elite Airways, has been a huge benefit to tourism in our community for two years, and now has very good potential for increasing its service to additional destinations. The entire community has been excited to partner with Vero Beach Regional Airport in supporting local and regional marketing efforts. At the County level, it is well known that many jobs and businesses are supported by aviation growth and success. Out demographics -support additional commercial airline service since there are over two million people within the airport's catchment area, many of whom prefer direct, non-stop service to their point of destination. At this point in the airport's commercial service development strategy, it is imperative That we invest in moving forward with new destinations and more regular flights. We are very confident that such new service can be very successful. Elite Airways has already proven the market and the concept; now it is time to take our air service to the next level and reach the larger market. Please consider favorably the airport's request for funding assistance in the form of a grant under the SCASD program. Sincerely, , Chairman Indian River Count), Board of County Commission 1801270 Street, Building A Vero Beach, FL 32960 (772) 226-1490 P15 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: November 13, 2017 Subject: Miscellaneous Budget Amendment 001 Description and Conditions Each year it becomes necessary to "roll over" certain expenses to the current fiscal year. Several purchases that were initiated on Fiscal Year 2016-17 purchase orders were not received or completed prior to September 30, 2017. Exhibit "A" appropriates funding for these projects from fiscal year 2016-17 to fiscal year 2017-18. P16 RESOLUTION NO. 2017- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2017-2018 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2017-2018 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 2017-2018 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 2017-2018 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner, Joseph E. Flescher Commissioner, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Bob Solari Commissioner, Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2017. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners :/ Ln , Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P17 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 001 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Non-Revenue/Cash Forward -Oct 1 st 001039-389040 $139,645 $0 Impact Fees/Non-Revenue/Cash Forward -Oct 1st 103039-389040 $27,416 $0 Transportation Fund/Non-Revenue/Cash Forward -Oct 1st 111039-389040 $332,419 $0 Emergency Services/Non-Revenue/Cash Forward -Oct 1 st 114039-389040 $732,928 $0 Optional Sales Tax Fund/Non-Revenue/Cash Forward -Oct 1st 315039-389040 $1,303,790 $0 SWDD/Non-Revenue/Cash Forward -Oct 1st 411039-389040 $34,307 $0 Building Dept/Non-Revenue/Cash Forward -Oct 1st 441039-389040 $123,549 $0 Utilities/Non-Revenue/Non-Revenue/Cash Forward -Oct 1st 471039-389040 $423,095 $0 Self Insurance/Non-Revenue/Cash Forward -Oct 1st 502039-389040 $12,415 Total Revenue $3,129,564 Expense General Fund/Human Resources/All Office Supplies 00120313-035110 $829 $0 General Fund/Parks/Fairground Expenditures 00121072-036750 $31,323 $0 General Fund/Parks/Other Improvements Except Bldgs 00121072-066390 $10,716 $0 General Fund/Parks/Automotive 00121072-066420 $13,226 $0 General Fund/Facilities Mgmt/Maint-Buildings 00122019-034610 $9,500 $0 General Fund/Facilities Mgmt/Maint-Air Conditioning 00122019-034620 $2,978 $0 General Fund/Facilities Mgmt/Other Improvements Except Bldgs 00122019-066390 $69,850 $0 General Fund/FPL Grant/Other Operating Supplies 00123725-035290 $1,223 $0 Impact Fees/Main Library/Institutional Supplies 10310971-035250 $1,638 $0 P18 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 001 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Impact Fees/Main Library/Other Machinery & Equipment 10310971-066490 $6,490 $0 Impact Fees/North County Library/Institutional Supplies 10311271-035250 $1,638 $0 Impact Fees/North County Library/Other Machinery & Equipment 10311271-066490 $3,010 $0 Impact Fees/Parks/Gifford Park Restroom/Concession Stand 10321072-066510-17004 $14,640 $0 Transportation Fund/Road &n Bridge/Other Operating Supplies -Irma 11121441-035290-17026 $4,000 $0 Transportation Fund/Road & Bridge/Automotive 11121441-066420 $149,875 $0 Transportation Fund/Road & Bridge/Heavy Equipment 11121441-066430 $138,479 $0 Transportation Fund/Road & Bridge/Other Machinery & Equipment 11121441-066490 $31,592 $0 Transportation Fund/Traffic Engineering/Computer Software 11124541-035120 $8,473 $0 Emergency Services/Fire-Rescue/Tuition-Registration 11412022-035430 $10,000 $0 Emergency Services/Fire-Rescue/Automotive 114142022-066420 $722,928 $0 Optional Sales Tax Fund/Fire Services/Automotive 31512022-066420 $1,013,002 $0 Optional Sales Tax Fund/Fire Services/Fire Station #14 31512022-066510-15015 $154,188 $0 Optional Sales Tax Fund/Facilities Mgmt/Other Improvements Except Bldgs 31522019-066390 $83,218 $0 Optional Sales Tax Fund/Facilities Mgmt/Courthouse Security Access System 31522019-066510-17007 $53,382 $0 SWDD/Landfill/Other Contractual Services 41121734-033490 $4,000 $0 SWDD/Landfill/Other Operating Supplies/Irma 41121734-035290-17026 $7,804 $0 SWDD/Recycling/Postage 41125534-034210 $17,224 $0 SWDD/Recycling/Outside Printing 41125534-034720 $5,279 $0 Building Dept/Other Contractual Services 44123324-033490 $119,735 $0 Building Dept/All Office Supplies 44123324-035110 $3,814 $0 Utilities=astewater Treatment/Other Contractual Services- Irma 47121836-033490-17026 $680 $0 Utilities/Water Production/Other Contractual Services -Irma 47121936-033490-17026 $127,265 $0 Utilities/General Engineering/R&R/Central WWTF Gearbox 47123536-044699-16517 $35,728 $0 Utilities/General Engineering/R&R/SCWWTF Grit Removal System 47123536-044699-17516 $86,924 $0 P19 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 001 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Utilities/General Engineering/R&R/Hobart Water Plant Painting 47123536-044699-17523 $17,049 $0 Utilities/General Engineering/R&R/WRWWTF Filter Replacement 47123536-044699-17524 $132,185 $0 Utilities/General Engineering/R&R/Central WWTF US Pump 47123536-044699-17533 $9,635 $0 Utilities/Sludge/Chemicals 47125736-035230 $13,629 $0 Self Insurance/Risk Mgmt/General Liability Insurance 50224619-034530 $12,415 $0 Total Expenses $3,129,564 P20 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 13, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommended Selection of Consultant for RFQ 2018006 — Engineering and Biological Support Services for Sector 3 Beach (Wabasso Beach) and Dune Renourishment Project BACKGROUND: The existing professional coastal engineering consultant contracts will expire on December 31, 2017 and have no renewals available. On behalf of the Public Works Department and in accordance with FS 287.055, Requests for Qualifications (RFQs) were solicited for professional coastal engineering and biological support services related to the management and renourishment of the Sector 3 project area. As identified in the County Beach Preservation Plan, Sector 3 begins approximately 3.6 miles south of the Sebastian Inlet and extends approximately 6.6 miles between the Florida Department of Environmental Protection (FDEP) Reference (R) Monuments R -20-R-55. The Sector 3 project area was initially nourished in 2010-2012 with subsequent repairs to the dunes in 2015 following damages sustained from Hurricane Sandy (2012). The Sector 3 project area sustained additional damages from Hurricanes Matthew (2016) and Irma (2017) and is now in need of renourishment to maintain protection to upland properties and infrastructure. RFQ RESULTS: Advertising Date: RFQ Opening Date: DemandStar Broadcast to: RFQ Documents Requested by: Replies: September 22, 2017 October 20, 2017 at 2:00 pm 655 Subscribers 40 Firms 4 Firms ANALYSIS: A selection committee comprised of Keith McCully, P.E., Stormwater Engineer, James Gray, Natural Resources Manager, Kendra Cope, Environmental Specialist, Adam Heltemes, P.E., Senior Civil Engineer and Marty Smithson, Sebastian Inlet District Administrator independently evaluated P21 and scored the received statements of qualifications in accordance with FS 287.055 and the County Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. The top three ranked firms were invited to participate in interviews. After the interviews, the committee members again independently ranked the firms and a Committee ranking was compiled. The final ranking established by the committee is: Proposing Firm Location 1. Aptim Environmental & Infrastructure, Inc. Boca Raton 2. Coastal Tech-G.E.C., Inc. Vero Beach 3. Applied Technology & Management, Inc. West Palm Beach 4. Atkins North America, Inc. Melbourne 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. Funding is budgeted and available for the design and permitting of the Sector 3 Beach and Dune Renourishment Project in the Beach Restoration Fund, Other Professional Services Hurricane Matthew — Account No. 12814472-033190-17001. The County has also received a fully signed FEMA Project Worksheet (No. IRGA01— Hurricane Matthew), making project related design, permitting, and construction expenses eligible for up to 87.5% in Federal and State cost share. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top ranked firm (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. P22 CONSENT INDIAN RIVER COUNTY I�C OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 6, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Mailroom Copier Lease Agreement and Amendment with U.S. Bank and Atlantic Business Solutions Maintenance Agreement BACKGROUND: On October 22, 2013, the Board of County Commissioners approved award of RFP 2013022 for the replacement of Copiers in the Mailroom, County Administration and BCC offices to Copytronics (now Konica Minolta). The required lease term for the machines is near its end, and the equipment utilized by the mailroom, including a high capacity black and white production machine and a color production and scanning machine, are due to be upgraded to better serve existing and projected needs. Over the past several months, staff has met with and evaluated several manufacturers and vendors with State of Florida and other cooperative contracts, and has identified Sharp machines provided and serviced by Atlantic Business Solutions of Melbourne under a National Joint Powers Alliance (NJPA) contract to best enable the mailroom to meet the variety of production needs currently requested and also offer additional services that are now outsourced. The term of the new lease is 60 months. While the expenditures are currently budgeted and the procurement under a valid cooperative contract, staff is requesting the Board's approval to execute the specific agreements. The County Attorney has reviewed and approved all three documents as to form and legal sufficiency. FUNDING/BUDGET AMENDMENT: Both lease and per page maintenance costs are paid from the Mailroom — Maintenance - Office Equipment Account (00125119-034630) in the General Fund, with the bulk of the maintenance expenses charged back to the various departments at the per page rates. The new total lease amount will increase by $649 per year, while the per page maintenance costs will decrease significantly ($2,544 per year, based on current utilization). P23 CONSENT Monthly Lease Current Proposed Difference Lease $890.57 $944.69 +$ 649.44 Per Page Rate Current Proposed Color $0.0500 $0.0379 -$0.0121 B&W Color Machine $0.0099 $0.0050 -$0.0049 B&W Production $0.0055 $0.0038 -$0.0017 Annual Comparison Current Proposed Difference Annual Maintenance $11,010 $ 8,466 -$2,544 Annual Lease $10,687 $11,336 +$ 649 RECOMMENDATION: Staff recommends the Board authorize the Purchasing Manager to execute the U.S. Bank lease agreement and addendum, as well as the maintenance agreement with Atlantic Business Solutions. ATTACHMENT: U.S. Bank Lease Agreement U.S. Bank State and Local Government. Addendum Atlantic Business Solutions Maintenance Agreement P24 APPLICATION NO. AGREEMENT NO. Supplier: embank. — —A—. Melbourne, rne, FL Drive40 lantic Melbourne, FL .7575 EQUIPMENT FINANCE Phone: 321.259.7575 Lease Agreement �...�\ BUSINESS SYSTEMS .w* � YSTE ,� Fax: 321.259.7600 The words Lessee, you and your refer to Customer. The words Lessor, we, us and our refer to U.S. Bank Equipment Finance, a division of U.S. Bank National Association ("U.S. Bank Equipment Finance"). FULL LEGAL NAME Indian River County STREET ADDRESS 1800 27th Street CITY - - STATE Vero Beach FL ZIP PHONE FAX 32960 772-226-1575 BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS CITY STATE ZIP E-MAIL EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE) EQUIPMENTDESCRIPTION MAKE/MODEUACCESSORIES Sharp MX6500 SERIAL NO. Sharp MX1205 together with all replacements, parts, repairs, additions, and accessions incorporated therein or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance recoveries ❑ See the attached Schedule A TERM AND PAYMENT SCHEDULE Term in 60 Months 60 Payments* of $ 944.69 *plus applicable taxes The lease contract payment ("Payment") period is monthly unless otherwise indicated. 1 OF OPTIONS You may choose one of the following options within the area you check and initial at the end of the original term, provided that no event of default under the Agreement has occurred and is continuing. If no box is checked and initialed, then Fair Market Value will be your end of lease option. Leases with $1.00 or $101.00 purchase options will not be renewed. To the extent that any purchase option Indicates that the purchase price will be the "Fair Market Value" (or "FMV'), such term means the value of the Equipment In continued use. ® 1) Purchase all but not less than all the Equipment for the Fair Market Value per paragraph 1, 2) Renew the Agreement per paragraph 1, or 3) Return the Equipment per paragraph 3. _ Customers Initials O 1) Purchase the Equipment for $1.00, or 2) Return the Equipment per paragraph 3. Customer's Initials THIS IS A NONCANCELABLE / IRREVOCABLE AGREEMENT; THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED CUSTOMER By signing below, you certify that you have reviewed and do agree to all terms and conditions of this Agreement on this page and on page 2 attached hereto. referenced above) 17GLa11111 . FEDERAL TAX I.D. # PRINT NAME ACCEPTANCE OF You certify that all the Equipment listed above has been furnished, that delivery and installation has been fully completed and is satisfactory. Upon you signing below, your promises herein will be irrevocable and unconditional in all respects. You understand that we have purchased the Equipment from the Supplier, and you may contact the Supplier for a full description of any warranty rights under the supply contract, which we hereby assign to you for the term of this Agreement (or until you default) Your approval as indicated below of our purchase of the Equipment from the Supplier is a condition precedent to the effectiveness of this Agreement. above) Page 1 of 2 P25 1. AGREEMENT: For business purposes only, you agree to lease from us the goods (the "Equipment") and/or to finance certain licensed software and services ("Financed Items", which are included in the word "Equipment" unless separately stated), all as described on page 1 of this Agreement, as it may be supplemented from time to time. You agree to all of the terms and conditions contained in this Agreement and any supplement, which (with the acceptance certification) is the entire agreement regarding the Equipment ("Agreement") and which supersedes any purchase order or invoice. You authorize us to correct or insert missing Equipment identification information and to make corrections to your proper legal name. This Agreement becomes valid upon execution by us and will start on the date we pay the Supplier. Interim rent/due date adjustments will be in an amount equal to 1/30th of the Payment, multiplied by the number of days between the Agreement start date and the first Payment due date. This Agreement will renew for 12 -month term(s) unless you purchase or return the Equipment (according to the conditions herein) or send us written notice between 90 and 150 days (before the end of any term) that you do not want it renewed. If any provision of this Agreement is declared unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect in that jurisdiction and all others. 2. RENT, TAXES AND FEES: You will pay the monthly Payment (as adjusted) when due, plus any applicable sales, use and property taxes. The base Payment will be adjusted proportionately upward or downward: (1) by up to 10% to accommodate changes in the actual Equipment cost; (2) if the shipping charges or taxes differ from the estimate given to you; and (3) to comply with the tax laws of the state in which the Equipment is located. If we pay any taxes, insurance or other expenses that you owe hereunder, you agree to reimburse us when we request and to pay us a processing fee for each expense or charge we pay on your behalf. We may charge you for any filing fees required by the Uniform Commercial Code (UCC) or other laws, which fees vary state -to -state. By the date the first Payment is due, you agree to pay us an origination fee, as shown on our invoice or addendum, to cover us for all closing costs. We will have the right to apply all sums, received from you, to any amounts due and owed to us under the terms of this Agreement. If for any reason your check is returned for nonpayment, you will pay us a bad check charge of $30 or, if less, the maximum charge allowed by law. We may make a profit on any fees, estimated tax payments and other charges paid under this Agreement. 3. MAINTENANCE AND LOCATION OF EQUIPMENT; SECURITY INTEREST: At your expense, you agree to keep the Equipment: (1) in good repair, condition and working order, in compliance with applicable manufacturers' and regulatory standards; (2) free and clear of all liens and claims; and (3) only at your address shown on page 1, and you agree not to move it unless we agree. As long as you have given us the written notice as required in paragraph 1 prior to the expiration or termination of this Agreement's term, 9 you do not purchase the Equipment, you will return all but not less than all of the Equipment and all related manuals and use and maintenance records to a location we specify, at your expense, in retail re -saleable condition, full working order and complete repair. You are solely responsible for removing any data that may reside in the Equipment you return, including but not limited to hard drives, disk drives or any other form of memory. You grant us a security interest in the Equipment to secure all amounts you owe us under any agreement with us, and you authorize us to file a financing statement (UCC -1). You will not change your state of organization, headquarters or residence without providing prior written notice to us so that we may amend or file a new UCC -1. You will notify us within 30 days it your state of organization revokes or terminates your existence. 4. COLLATERAL PROTECTION; INSURANCE; INDEMNITY; LOSS OR DAMAGE: You agree to keep the Equipment fully insured against risk and loss, with us as lender's loss payee, in an amount not less than the original cost until this Agreement is terminated. You also agree to obtain a general public liability insurance policy with such coverage and from such insurance carrier as shall be satisfactory to us and to include us as an additional insured on the policy. Your insurance policy(s) will provide for 10 days advance written notice to us of any modification or cancellation. You agree to provide us certificates or other evidence of insurance acceptable to us. If you fail to comply with this requirement within 30 days after the start of this Agreement, you agree to pay a monthly property damage surcharge ("PDS") of up to .0035 of the Equipment cost as a result of our credit risk and administrative and other costs, under the PDS program that is further described on a letter from us to you. We may make a profit on this program. Under this program, AS LONG AS YOU ARE NOT IN DEFAULT AT THE TIME OF A LOSS (excluding losses from intentional acts), the remaining balance owed on the subject Equipment will be forgiven. NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT. We are not responsible for, and you agree to hold us harmless and reimburse us for and to defend on our behalf against, any claim for any loss, expense, liability or injury caused by or in any way related to delivery, installation, possession, ownership, use, condition, inspection, removal, return or storage of the Equipment. You are responsible for the risk of loss or for any destruction of or damage to the Equipment. You agree to promptly notify us in writing of any loss or damage. If the Equipment is destroyed and you do not have the PDS program you will pay to us the unpaid balance of this Agreement, including any future rent to the end of the term plus the anticipated purchase price of the Equipment (both discounted at 3%). Any proceeds of insurance will be paid to us and credited, at our option, against any loss or damage. You authorize us to sign on your behalf and appoint us as your attomey-in-fact to endorse in your name any insurance drafts or checks issued due to loss or damage to the Equipment. All indemnities will survive the expiration or termination of this Agreement 5. ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT, without our prior written consent. Without our prior written consent, you shall not reorganize or merge with any other entity or transfer all or a substantial part of your ownership interests or assets. We may sell, assign, or transfer this Agreement without notice. You agree that ff we sell, assign or transfer this Agreement, the new Lessor will have the same rights and benefits that we have now and will rat have to perform any of our obligations. You agree that the new Lessor will not be subject to any claims, defenses, or offsets that you may have against us. You shall cooperate with us in executing any documentation reasonably required by us or our assignee to effectuate any such assignment. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. 6. DEFAULT AND REMEDIES: You will be in default if: (a) you do not pay any Payment or other sum due to us or any other person when due or it you break any of your promises in this Agreement or any other agreement with us or any of our affiliates or any material agreement with any other lender, (b) you make or have made any false statement or misrepresentation to us, (c) you or any guarantor dies, dissolves or terminates existence, (d) there has been a material adverse change in your or any guarantors financial, business or operating condition, or (e) any guarantor defaults under any guaranty for this Agreement If any part of a Payment is more than 5 days late, you agree to pay a late charge of 10% of the Payment which is late or if less, the maximum charge allowed by law. If you are ever in default, at our option, we can terminate this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of the term plus the anticipated purchase price of the Equipment (both discounted at 30/6). We may recover default interest on any unpaid amount at the rate of 12°/, per year. Concurrently and cumulatively, we may also use any or all of the remedies available to us under Articles 2A and 9 of the UCC and any other law, including requiring that you: (1) return the Equipment to us to a location we specify; and (2) immediately stop using any Financed Items. In addition, we will have the right, immediately and without notice or other action, to set-off against any of your liabilities to us any money, including depository account balances, owed by us to you, whether or not due. In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay our reasonable attorney's fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. If we have to take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that your rights and remedies are governed exclusively by this Agreement. You waive all rights under Article 2A (508-522) of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will not be subject to any penalties. 7. INSPECTIONS AND REPORTS: We will have the right, at any reasonable time, to inspect the Equipment and any documents relating to its use, maintenance and repair. Within 30 days after our request, you will deliver all requested information (including tax returns) which we deem reasonably necessary to determine your current financial condition and faithful performance of the terms hereof. This may include: (i) compiled, reviewed or audited annual financial statements (including, without limitation, a balance sheet, a statement of income, a statement of cash flow, a statement of changes in equity and notes to financial statements) within 120 days after your fiscal year end, and (ii) management -prepared interim financial statements within 45 days after the requested reporting period(s). Annual statements shall set forth the corresponding figures for the prior fiscal year in comparative forth, all in reasonable detail without any qualification or exception deemed material by us. Unless otherwise accepted by us, each financial statement submitted to us shall be prepared in accordance with generally accepted accounting principles consistently applied and shall fairly and accurately present your financial condition and results of operations for the period to which it pertains. 8. FAXED OR SCANNED DOCUMENTS, MISC.: You agree to submit the original duly -signed documents to us via overnight courier the same day of the facsimile or scanned transmission of the documents. Any faxed or scanned copy may be considered the original, and you waive the right to challenge in court the authenticity or binding effect of any faxed or scanned copy or signature thereon. You agree to execute any further documents that we may request to carry out the intents and purposes of this Agreement. All notices shall be mailed or delivered by facsimile transmission or ovemight courier to the respective parties at the addresses shown on this Agreement or such other address as a party may provide in writing from time to time. By providing any telephone number, now or in the future, for a cell phone or other wireless device, you are expressly consenting to receiving communications, regardless of their purpose, at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic dialing system from us and our affiliates and agents. These calls and messages may incur access fees from your provider. 9. WARRANTY DISCLAIMERS: YOU AGREE THAT YOU HAVE SELECTED THE SUPPLIER AND EACH REM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND YOU DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. WE DO NOT TAKE RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. THE SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF THE SUPPLIER, AND NOTHING THE SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATION UNDER THIS AGREEMENT. YOU WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, OR ANY OTHER ISSUE IN REGARDS TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. 10. LAW, JURY WAIVER: Agreements, promises and commitments made by Lessor, concerning loans and other credit extensions must be in writing express consideration and be sinned by Lessor to be enforceable. This Agreement may be modified only by written agreement and not by course of performance. This Agreement will be governed by and construed in accordance with Minnesota law. You consent to jurisdiction and venue of any state or federal court in Minnesota and waive the defense of inconvenient forum. For any action arising out of or relating to this Agreement or the Equipment, YOU AND WE WAIVE ALL RIGHTS TO A TRIAL BY JURY. 23697 Page 2 of 2 Rev. 12102/2011 P26 embank. EQUIPMENT FINANCE STATE AND LOCAL GOVERNMENT ADDENDUM AGREEMENT # 2306217 Addendum to Agreement # 2306217, dated 10/17/2017, between Indian River County, as Customer and U.S. Bank Equipment Finance, a division of U.S. Bank National Association, as Lessor. The parties wish to amend the above -referenced Agreement to add the following language: REPRESENTATIONS AND WARRANTIES OF CUSTOMER: Customer hereby represents and warrants to Lessor that: (a) Customer has been duly authorized by the Constitution and laws of the applicable jurisdiction and by a resolution of its governing body (which resolution, if requested by Lessor, is attached hereto), or other authority of its governing body, if applicable, to execute and deliver the Agreement and to carry out its obligations hereunder; (b) All legal requirements have been met, and procedures have been followed, including public bidding, in order to ensure the enforceability of the Agreement; (c) The Agreement is in compliance with all laws applicable to Customer, including any debt limitations or limitations on interest rates or finance charges; (d) The Equipment will be used by Customer only for essential governmental or proprietary functions of Customer consistent with the scope of Customer's authority and will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use; Customer's need for the Equipment is not expected to diminish during the term of the Agreement; (e) Customer has funds available to pay contracted Payments until the end of its current appropriation period, and it intends to request funds to make contracted Payments in each appropriation period, from now until the end of the term of the Agreement; (f) Customer's exact legal name is as set forth on page one of the Agreement; and (g) Customer will not change its legal name in any respect without giving thirty (30) days prior written notice to Lessor. NON -APPROPRIATION: If either sufficient funds are not appropriated to make contracted Payments under the Agreement or (to the extent required by applicable law) the Agreement is not renewed, the Agreement shall terminate and Customer shall not be obligated to make contracted Payments under the Agreement beyond the then -current fiscal year for which funds have been appropriated. Upon such an event, Customer shall, no later than the end of the fiscal year for which contracted Payments have been appropriated, deliver possession of the Equipment to Lessor. If Customer fails to deliver possession of the Equipment to Lessor, the termination shall nevertheless be effective but Customer shall be responsible for the payment of damages in an amount equal to the portion of contracted Payments thereafter coming due that is attributable to the number of days after the termination during which the Customer fails to deliver possession and for any other loss suffered by Lessor as a result of Customer's failure to deliver possession as required. Customer shall notify Lessor in writing within seven (7) days after either the failure of the Customer to appropriate funds sufficient for the payment of the contracted Payments or (to the extent required by applicable law) the Agreement is not renewed, but failure to provide such notice shall not operate to extend the Agreement term or result in any liability to Customer. ENTIRE AGREEMENT: Customer agrees that the terms and conditions of the Agreement and any supplement or schedule thereto and any related acceptance certificate constitutes the entire agreement regarding the financing or lease of the Equipment and supersedes any purchase order, invoice, request for proposal or other document. The parties wish to amend the above -referenced Agreement by restating the following: Any provision in the Agreement stating that the Agreement shall automatically renew unless the Equipment is purchased, returned or a notice requirement is satisfied is hereby amended and restated as follows: "This Agreement will renew for month-to-month terms unless you purchase or return the Equipment (according to the conditions herein) or send us written notice at least 30 days (before the end of any term) that you do not want it renewed." 10162 REV 11/13 modified 11.21.7 Page 1 of 2 P27 Any provision in the Agreement stating that you grant us a security interest in the Equipment to secure all amounts owed to us under any agreement is hereby amended and restated as follows: "To the extent permitted by law, you grant us a security interest in the Equipment to secure all amounts you owe us under this Agreement, and you authorize us to file a financing statement (UCC -1) or be named on the vehicle title to show our interest." Any provision in the Agreement stating that you shall indemnify and hold us harmless is hereby amended and restated as follows: "You shall not be required to indemnify or hold us harmless against liabilities arising from the Agreement. However, as between you and us, and to the extent permitted by law and legally available funds, you shall bear the risk of loss for, shall pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses, damages or losses arising under or related to the Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof, except that you shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring after you have surrendered possession of the Equipment in accordance with the terms of the Agreement to us or that arise directly from our gross negligence or willful misconduct." Any provision in the Agreement stating that a default by you under any agreement with our affiliates or other lenders shall be an event of default under the Agreement is hereby amended and restated as follows: "You will be in default if: (a) you do not pay any Payment or other sum due to us under the Agreement when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement, (b) you make or have made any false statement or misrepresentation to us, (c) you or any guarantor dies, dissolves or terminates existence, (d) there has been a material adverse change in your or any guarantor's financial, business or operating condition, or (e) any guarantor defaults under any guaranty for this Agreement." Any provision in the Agreement requiring you to pay amounts due under the Agreement upon the occurrence of a default, failure to appropriate funds or failure to renew the Agreement is hereby amended to limit such requirement to the extent permitted by law and legally available funds. Any provision in the Agreement stating that the Agreement is governed by a particular state's laws and you consent to such jurisdiction and venue is hereby amended and restated as follows: "This Agreement will be governed by and construed in accordance with the laws of the state where Customer is located. You consent to jurisdiction and venue of any state or federal court in such state and waive the defense of inconvenient forum." By signing this Addendum, Customer acknowledges the above changes to the Agreement and authorizes Lessor to make such changes. In all other respects, the terms and conditions of the Agreement remain in full force and effect and remain binding on Customer. U.S. Bank Equipment Finance Lessor Signature Customer X Signature Title Date Title Date NOTE: SIGNER OF THIS DOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 10162 REV 11/13 modified 11.21.7 Page 2 of 2 P28 .k 5131 Industry Drive, Melbourne, FL 32940 ,Atlantic TRANSACTION DETAILS 321-259-7575 BUSINESS SYSTEMS http://www.atlanticbusinesssystems.com SOLD TO: Name: Indian River County Address: 1801 27th Street City: Vero Beach State: FL Zip: 32960 Phone No.: 772-226-1575 SHIP TO: Name: Indian River County Mailroom Address: 1800 27th Street City: Vero Beach State: FL Zip: 32960 [Phone No.: Key Operator: Lynne Kelleher Phone: 226-1420 Fax: Email: mailroom@ircgov.com A/P Contact: Danielle Phone: 226-1983 Fax: Email: finance@ircgov.com EQUIPMENT: 'El See Attached Schedule A ID #: MODEL DESCRIPTION SERIAL #: PRICE EXTENDED CURRENT LEASING CO. MX -6500 MX -1205 65 ppm color and 120 ppm b/w light production MFP's I Dispose As Per Lease * Conditions of Contract provided on back of this document. TOTAL As Per Lease MAINTENANCE: Base Bills: Monthly N Quarterly ❑ Overage Bills Quarterly N DATE OF SERVICE: I From: 11/20/2017 To. 11/20/2018 PLATINUM/ink: Remote Device: Yes I * $ 9.95/Month Base Rate Images Included Overage Rate Black *See notes box Color I * Scans Billed at NO CHARGE 7 erm cF Conditions provided on back of this document. PLANTINUM/ink (Details of services will be provided on separate documentation). NOTES: MX6500 Maintenance Rates: No minimum, b/w CPC $0.005, color CPC $0.0379. MX1205 Maintenance Rates: No minimum, b/w CPC $0.0038. State contract rates- to be locked in for term of contract. Scan billed at no charge. LEASE TERM: 036 Months 039 Months 048 Months 960 Months 063 Months LEASE DETAILS: ❑TPM ❑CPC ❑Straight NFMV ❑$I Leasing Company: US Bank Monthly Equipment Pa ment TOTAL MONTHLY INVESTMENT * Note: A separate lease agreement is required for terms selected above. CURRENT EQUIPMENT INFORMATION: ❑ See Attached Schedule A ID #: MAKE/MODEL SERIAL NO. ACCESSORIES CURRENT LEASING CO. Stream of Payments I $ N/A I Dispose Note: I Stream oPa ments or Dispose selected a separate orm is required ❑ Buyout to Keep ❑ Buyout to Return ❑ Buyout to Trade up ❑ Stream of Payments I $ ❑ I Dispose Print Account Manager's Name: Beth Ritter Customer Signature: Account Manager's Signature: Date: Print Name: Manager's Approval: Date: Title: Date: P29 CONDITIONS OF CONTRACT: It is agreed by the purchaser that this contract is not subject to cancellation or to any verbal agreement or condition not stipulated in writing on it, and that the title to the said goods shall not pass until the purchase price is paid in full, and said goods shall remain the property of the seller until that time. In case of default of payment, or in case of removal of said goods prior to full payment or any part thereof without the consent of seller or in the event that purchaser shall mortgage or part with the possession of said property, voluntarily or involuntarily, without the consent of the seller, the latter shall have the right to take immediate possession of same wherever it may be found and remove it with or without process of law, and may declare this agreement terminated and retain all money paid hereunder as liquidated damages and rental of said goods. Undersigned further agrees to pay a reasonable attorney's fee for the collection of the indebtedness herein agreed to be paid and as against said indebtedness and such attorney's fee undersigned waives all exemptions as to personal property under the Constitution and Laws of the State of Florida, or any other state. Initials: Terms & Conditions I. Maintenance: This agreement is cancelable with 30 -day written notice only. Customer agrees to pay all taxes to Atlantic Business Systems, including state and local sales or excise taxes based upon charges pursuant to the agreement. Atlantic Business Systems agrees to maintain the equipment in good working order, in accordance with its service policy, as amended from time to time. Service will include: A. Emergency repairs during Atlantic Business Systems normal working hours with a targeted service response time of four (4) hours or less. B. Preventative Maintenance during Atlantic Business Systems normal working hours with a targeted service response time of twelve (12) hours or less. C. Installation of engineering improvements, as set forth in technical bulletins published by Sharp Electronics. As a condition of this agreement, the customer agrees to provide: A. Equipment Key Operators for each shift of operation. B. AC outlets with appropriate voltage as specified by product manufacturer. Because many of the problems associated with systems failure are due to power functions, AC outlets should reside on dedicated circuits to prevent brownouts and damage to the internal components of the interface and multifunction device. All digital connected systems must be protected with approved surge protection and line conditioner on the dedicated circuits and network connections. Services not described herein (including, but not limited to, additional retrofits, services connected with relocation of equipment, or adding or removing accessories, attachments, or other devices, exterior painting or refinishing the unit, the performance or normal operator functions as described in Operation Manual(s) or repair of damage, or increase of in-service time resulting from operating neglect or use of unauthorized supplies) will be charged in accordance with Atlantic Business Systems time and material rate then in effect. Atlantic Business Systems shall not be responsible for failure to render service due to causes beyond its control, including but not limited to work stoppages, fires, civil disobedience, riots, rebellions, acts of natural disaster, and similar occurrences. Other than the obligation of Atlantic Business Systems, expressly set forth herein, Atlantic Business Systems disclaims all warranties, expressed or implied. Atlantic Business Systems shall not be responsible for direct, incidental, or consequential damages, including but not limited to damage arising from the use or performance of the equipment or the loss of the use of the equipment. II. Supplies Usage: Contract includes enough supplies to support your level of usage. Supply usage beyond the manufacturer's estimated yield may be chargeable. III. Payment Terms: All invoices are due upon receipt, unless otherwise agreed upon by both parties. Interest shall accrue on the amount which is due at the rate of 1.5% per month, or the highest rate allowed by law, whichever is less. Actual attorney's fees before suite is filed and for trial, arbitration, and any appeal will be charged to the purchaser if it is necessary to place this contract in the hands of an attorney for collection, and this charge becomes a part of this contract and obligation of the purchaser to pay. IV. Rate Increases: Maintenance rates to be locked in for term of lease. V. Venue Waiver Clause: The account debtor and all guarantees waive any and all rights to venue under Chapter 47, Florida Statutes, including any amendments thereto, and that any action brought to collect on the account may be brought in any court of competent jurisdiction in Brevard County, Florida. VI. Force Majeure: Atlantic Business Systems will not be liable for delay or default in delivery due to any cause beyond it's reasonable control, such as governmental action, strikes, or other labor troubles, fire, damage or destruction of goods, and acts of God. VIL Early Cancellation: Early cancellation of this contract may result in a charge equal to the monthly usage for the unfulfilled term. This contract automatically renews at the end of term for 1 year, annually, in absence of a 30 -day written notice by either party. Invoices are based on the total copies/prints/scans and faxes received during the billing period. Initials: P30 Atlanelc BUSINESS SYSTEMS Leveraging Technology to Improve Office Efficiency PLATINUM/ink -Remote Device Management and Customer Helpdesk Support Supplement to your EZ Maintenance Agreement Thank you for choosing us to provide you with your office automation technology. In our continuing effort to become a more valued strategic business partner, we have upgraded our facilities and manpower, providing you with an enhanced customer support program. Our PLATINUMIink team is tasked with proactively improving our service efficiency and the performance of your equipment. PLATINUM/ink, remote device management and customer helpdesk support is designed to enhance your existing EZ Maintenance program. As a PLATINUM/ink customer you will enjoy the following benefits that go above and beyond a typical service plan: ➢ Unlimited FREE remote monitoring and proactive service remediation ➢ Automated toner monitoring and fulfillment ➢ FREE freight for toner shipments (average cost $7.46) ➢ Unlimited FREE updates, installation & configurations of new print drivers (average cost $33.75) ➢ Unlimited FREE adding and editing of your "scan to folder" destinations (average cost $33.75) ➢ Unlimited FREE adding and editing of your "scan to email" addresses (average cost $33.75) ➢ Unlimited FREE updating of network and security settings on your MFP (average cost $67.50) ➢ Unlimited FREE adding and editing of your fax routing & destinations (average cost $33.75) ➢ Unlimited FREE equipment moves within your county (average cost $75 to $150) ➢ FREE waste toner collection bottles (average cost $28.08) Evolving technology requires us to invest in more sophisticated IT resources and support. Our goal is to quickly resolve all service issues reported by our valued customers. Network and Internet issues can cause certain features on your MFP such as printing and scanning to fail. While the loss of these capabilities can be frustrating, often it is not the result of a "device mechanical failure" requiring a service call that would be covered under your EZ Maintenance plan. Rather, the remediation would be through an IT Helpdesk Support Ticket. This is why we have created and are providing you with PLATINUM/ink. The cost for this program is a nominal rate of $9.95 per contract per month (or $29.85 quarterly). "LeT'v'erag� Technology to Improve Qflfii_ce Efifiiciency." P31 CONSENTAGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 14, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Michael Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Declaration of Excess Equipment as Surplus for Sale or Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As authorized by the Board, the items will either be sold by online auction or at the scheduled December 2, 2017 live auction at the Sheriff's facility. The funds received from the sale of these items will be returned to the appropriate accounts. RECOMMENDATION: Staff recommends the Board declare the items on the Excess Equipment List for 112117 Agenda as surplus and authorize their sale and/or disposal. There is no cost to the County associated with this request. ATTACHMENT: Excess Equipment List for 112117 Agenda P32 Excess Equipment List for 112117 Agenda Dept # Asset Fleet Description VIN/Serial Working y/n 250 23000 677 2006 Ford E3500 Cargo Van 1FTSS34L86DAO3559 N 233 NA VeriFone Omni 3740 Credit Card Machine 711-315-855 n 244 25185 HP Color LaserJet 5550N Printer CS2734 N 216 24545 Soneil Electric Cart N 251 24817 Dell Optiplex 755 y 251 27552 Dell Optiplex 7010 y 222 23485 Dell Optiplex 745 CS#2438 N 109 13142 Large Oversized Table Property Tag #10000367 N 241 26133 Watchguard XTM 5 Series CS#2853 N 241 23436 Optiplex GX520 Tower CS#2393 N 120 180240 Mobile Radio 1632838 Y 120 179990 Mobile Radio 1632641 Y 214 190620 274 2000 Sterling SLT 7500 Dump Truck 2FZNAlBB4YAH14890 Y 214 146250 113 1994 Water Truck 1FDYW82EXRVA01144 Y 214 193870 102 2001 Ford Crew Cab 1FDSW34LSlEA86936 Y 214 21951 013 2004 F250 Ford CrewCab Truck 1FTNW20L74E05604 Y 214 23502 690 2006 F150 Ford Pick Up Truck 1FTRF12256NB36016 Y 214 22581 864 2005 Chevrolet Silverado Pick Up Truck 1GCEC14X3523Z3634 Y 214 201880 398 2002 F250 Ford CrewCab 1FTNW20L62EB83226 Y 214 21801 346 2004 Chevrolet Silverado 1GCEC14V24Z244145 Y 214 22065 296 2004 F150 XL 4X2 Ford Truck 1FTRF12W44NC42778 Y 120 24378 723 2007 Chevrolet Ambulance 1GBE4V19X7F421062 N 120 22862 720 2004 GMC 4500 Ambulance 1GDE4V1264F16076 N 120 22864 721 2004 GMC 4500 Ambulance 1GDE4V1204F516459 N 210 25137 413 2009 F250 Crew Cab Pickup (wrecked) 1FTSW20589EB04766 N 220 18163 143 1998 Chevy 1 Ton pickup with Tommy Lift 1GCGC33R7WF047730 Y 269 22056 671 2004 F350 Utility Truck 1FDWF36P14EC59759 Y P33 E "AW)ITIONALBACK-UP Excess Equipment List for 112117 Agenda - SUPPLEMENT r November 21, 2017 - (Consent Item 8.1. - Dept # Asset Fleet Description VIN/Serial working y/n 214 19308 300 2000 Ford Explorer 1FMZU72E2YUB73273 Y. 268 22236 682 2004 .Ford F-350 w/ crane 1FDWF36P24EC56787 269 21520 313 2003 Ford F-350 w/ Utility Bed 1FDWF36P03ED43134 y 269 20805 427 2002 Ford F -350,w/ 11 -foot Service Body 1FDWF36F42EB70224 y 269 21554 321 2003 Ford F-350 w/ Utility Bed 1FDWF36P33EC66775 y 269 20184 393 2062 Ford F-350 w/Utility Bed 1FDWF36F62EB70225 y 269 21508 392, .2003 Ford F-350 w/ Utility Bed 1FDWF36P33ED01783 y 1�1 Consent Agenda Indian River County Interoffice Memorandum �14 Office of Management & Budget To: Members of the Board of County Commissioners . From: Michael R. Smykowski Director, Office of Management & Budget Date: November 14, 2017 Subject: Miscellaneous Budget Amendment 021 Description and Conditions 1. On August 15, 2017 the Board of County Commissioners approved Miscellaneous Budget Amendment 021 and the associated resolution. This budget amendment authorized the Budget Director to complete any necessary budget amendments for balancing the 2016/2017 fiscal year within sixty (60) days after the close of the fiscal year to be in compliance with Florida Statutes. Due to a timing discrepancy between fiscal years, a budget amendment is needed to fund the current year portion of the annual Verotown LLC lease agreement. Exhibit "A" appropriates funding in the amount of $28,313 from Dodgertown/Capital Reserve Fund/Cash Forward Oct i St. P34 RESOLUTION NO. 2017- 076 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR OR THE DIRECTOR OF THE OFFICE OF MANAGEMENT & BUDGET OR THEIR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO AMEND THE FISCAL YEAR 2016-2017 BUDGET DURING THE PERIOD COMMENCING NOVEMBER 15, 2017, THROUGH AND INCLUDING NOVEMBER 30, 2017. WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, it is necessary to delegate signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator, the Assistant County Administrator, and the Director of the Office of Management and Budget to be able to make any necessary amendments to the Fiscal Year 2016-2017 budget prior to the closing of the fiscal year; and WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes or by the designated budget officer if the total appropriations of the fund does not change; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that: 1. The County Administrator, the Assistant County Administrator, and the Director of the Office of Management & Budget are authorized to execute all documents necessary to amend the Fiscal Year 2016-2017 budget, which may arise during the period commencing November 15, 2017, through and including November 30, 2017, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 2. The Effective Date of this Resolution is September 20, 2017, and this Resolution shall expire without further action of this Board at the close of business on November 30, 2017. The foregoing resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner 7 nrr and, upon being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher WE Vice Chairman, Peter D. O'Bryan AYE Commissioner, Tim Zorc AVE Commissioner, Susan Adams AYE Commissioner, Bob Solari AYE P35 RESOLUTION NO. 2017 --o76 The Chairman thereupon declared the resolution duly passed and adopted this i5tb day of„ cpjqt- 2017. ATTEST: Jeffrey R. Smith, Clerk of Circuit BOARD OF COUNTY COMMISSIONERS and Court and Comptroller . ......... 4;�RJNDIAN RIVER COUNTY, FLORIDA (All By: 41ur beputy Clerk ep Flescher, Chairman Approved as to form and legal sufficiency ifn- Reingold, County Attorney Resolution No. 2017-076 Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 021 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Dodgertown Reserves/Non-Revenue/Cash Forward Oct 1st 308039-389040 $28,313 $0 Expense Dodgertown Reserves/Maintenance-Buildings 30816275-034610-01002 $9,190 $0 Dodgertown Reserves/Other Machinery & Equipment 30816275-066490-01002 $19,123 $0 1 of 1 P37 X14 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 13, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommended Selection of Consultant for RFQ 2018007 — Engineering and Biological Support Services for Sector 7 (Porpoise Point) Beach and Dune Renourishment Project BACKGROUND: The current professional coastal engineering consultant contracts will expire on December 31, 2017 and have no renewals available. On behalf of the Public Works Department and in accordance with FS 287.055, Requests for Qualifications (RFQs) were solicited for professional coastal engineering and biological support services related to the management and renourishment of the Sector 7 project area. As identified in the County Beach Preservation Plan, Sector 7 begins 18.3 miles south of the Sebastian Inlet and extends approximately 2.2 miles between the Florida Department of Environmental Protection (FDEP) Reference (R) Monuments R -97-R-108. The Sector 7 project area was initially nourished in 2007. The Sector 7 project area also sustained damage from Hurricanes Matthew (2016) and Irma (2017) and is in need of renourishment to maintain protection to upland properties and infrastructure. RFQ RESULTS: Advertising Date: RFQ Opening Date: DemandStar Broadcast to: RFQ Documents Requested by: Replies: September 22, 2017 October 20, 2017 at 2:00 pm 623 Subscribers 45 Firms 5 Firms ANALYSIS: A selection committee comprised of Keith McCully, P.E., Stormwater Engineer, James Gray, Natural Resources Manager, Kendra Cope, Environmental Specialist, Adam Heltemes, P.E., Senior Civil Engineer and Marty Smithson, Sebastian Inlet District Administrator independently evaluated and scored the received statements of qualifications in accordance with FS 287.055 and the County Purchasing Manual. These scores were compiled by the committee and an overall ranking P38 of the submittals developed. The top three ranked firms were invited to participate in interviews. After the interviews, the committee members again independently ranked the firms and a committee ranking was compiled. The final ranking established by the committee is: 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. Funding is budgeted and available for the design and permitting of the Sector 7 Beach and Dune Renourishment Project in the Beach Restoration Fund, Other Professional Services Hurricane Matthew —Account No. 12814472-033190-17001. The County has also received a fully signed FEMA Project Worksheet (No. IRGA05 — Hurricane Matthew), making project related design, permitting, and construction expenses eligible for up to 87.5% in Federal and State cost share. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top ranked firm (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. P39 Proposing Firm Location 1. Coastal Tech-G.E.C., Inc. Vero Beach 2. Aptim Environmental & Infrastructure, Inc. Boca Raton 3. Applied Technology & Management, Inc. West Palm Beach 4. Environmental Science Associates Delray Beach 5. Atkins North America, Inc. Melbourne 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. Funding is budgeted and available for the design and permitting of the Sector 7 Beach and Dune Renourishment Project in the Beach Restoration Fund, Other Professional Services Hurricane Matthew —Account No. 12814472-033190-17001. The County has also received a fully signed FEMA Project Worksheet (No. IRGA05 — Hurricane Matthew), making project related design, permitting, and construction expenses eligible for up to 87.5% in Federal and State cost share. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top ranked firm (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. P39 I CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Acquisition — 66th Avenue Widening Project Owner: Melissa Dean & Donald Arthur Frost 6350 65th Street, Vero Beach, FL 32967 DATE: November 8, 2017 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition for the planned improvements of 66m . Avenue between 49th Street - 691h Street. The proposed improvements include widening the existing two-lane roadway to a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. Melissa Dean & Donald Arthur Frost own a 29.1 acre parcel which contains an equestrian facility, Belgian Acres. To accommodate the future planned improvements on 66th Avenue, the Countyneeds to acquire the 0.48 acres of the parcel for right-of-way purposes and a 10 footTemporary Construction Easement. The County obtained an appraisal of the property indicatinga value of $30,800.00. After several weeks of negotiations the County and the landowners agreed on a purchase price of $48,000.00 ($43,000.00 for the right-of-way purchase, and an additional $5,000.00 for the Temporary Construction Easement). FUNDING Funding is budgeted and available in Account No. 10215241-066120-07806, Traffic Impact Fees/ District 2/ROW/ 66th Avenue (49th Street — 69th Street). RECOMMENDATION. Staff recommends the Board approve the Purchase Agreement for the 0.48 acres of property located at 6350 65th Street, Vero Beach, FL 32967, and authorizethe Chairman to executethe purchase agreement on behalf of the Board. ATTACHMENTS One Original Purchase Agreement One Original Temporary Construction Easement APPROVED AGENDA ITEM FOR: November 21, 2017 P40 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND MELISSA DEAN AND DONALD ARTHUR FROST THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2017, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Melissa Dean and Donald Arthur Frost ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 6350 65th Street, Vero Beach, 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 scheduled to do road improvements on 66th Avenue between 49th Street and 81St Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 20,929 square feet or 0.48 acres of property as depicted on Exhibit "B", and WHEREAS, the County also needs a 10 foot Temporary Construction Easement (TCE) from Seller as described on Exhibit "CA attached in order to facilitate the Project, and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. 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 6350 65th Street, Vero Beach, Florida and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 20,929 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property). P41 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $43,000.00 (Forty Three Thousand and 00/100 Dollars). The compensation ("Compensation") for the Temporary Construction Easement shall be $5,000.00 (Five Thousand and 00/100 Dollars). The Purchase Price and the Compensation 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. 2.2 Temporary Construction Easement. The Seller shall have thirty (30) days following the closing date to move the fence out of the temporary construction easement area, and the Seller will move at his own expense the fence back after construction is completed. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which 2 P42 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 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) 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. (c) 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. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from 3 P43 the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys. to locks and codes to access devices to County, if applicable. 8. Closinq Costs, Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 8. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 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. 9. Miscellaneous. 9.1 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. 9.2 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. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 4 P44 9.4 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 orfacsimile transmission, as follows: If to Seller: Melissa Dean & Donald Arthur Frost 6350 65th Street, Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 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. 9.6 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. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 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 riot required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 5 P45 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 Chairman Melissa Dean Date Approved b BCC � /t - pp Y DonaldArffiur Frost Date ATTEST.: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to or Leg Sufficiency: William K. D6Braa ,-Depu County Attorney P46 EXHIBIT "A" PBS 2-12 TR 5 LESS W 30 A & RD RNV & W 20.82 AC OF TR 6 LESS RD RNV & LESS LOT 96.45 FT E & W BY 192 FT N & S AS R BK 223, PP 337 (OR BK 467 PP 913)" Commonly known as: 6350 65th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-08-00001-0050-00002.0 ri P47 m A 00 EXHIBIT "B" • I 1 C3 3 50' N W 50' a o ij- TRACT 5 P-I INDIAN RIVER FARMS CO. W+ E a� PLAT BOOK 2, PAGE 25 W EMPTY POCKETS o I I I I (ST. LUCIE) Z SUBDIVISION W PB 12, PG 37 $ I I I to uzj l as to r PARCEL 310 i7i rn m 2,992 SQ.FT.- 10' TCE 0.07 ACRES - --L_ —� PROPOSED RIGHT OF WAY 7- 99,7'±- EXISTING RIGHT OF WAY- /7 AVE. BASELINE FDOT 50' WIDE R/W PER R/W MAP SECT. 66530-2250 I I I SOUE N�1 �.-QUARTER OF SECTION 8 65th STREP— - - LEGAL DESCRIPTION RIGHT OF WAY PARCEL R/W LINE LF I 0 �U I 0 200' 400' GRAPHIC SCALE 200' SURVEYORS NOTES 66th AVE PARCEL , zLn zto TRACT 5 715F v TRACT 6 a rn < INDIAN RIVER FARMS CO. PLAT BOOK 2, PAGE 25 (ST. LUCIE) 96.45' 323908000010 0500000 237 2.0 ORB I PARCEL 310 17,934 SQ. FT. 192, r10' TCE 0.41 ACRES 30' 1 —il�30' TRACT LINE -- 80' - AVrLINE---'�— THE NORTH 30.00 FEET OF THE SOUTH 80 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 2331, PAGE 237, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. TRACT 5 LESS THE WEST 30 ACRES THEREOF) AND THE WEST 20.82 ACRES OF TRACT 6, SECTION 8, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK 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; EXCEPTING, HOWEVER THE FOLLOWING PROPERTY: FROM THE SOUTHEAST CORNER OF THE WEST 30 ACRES OF TRACT 5, SECTION 8, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, RUN EAST ALONG LL 0 Q 2 U W 0 Y 0 In LL ❑o QJZ ZW::) 000 U �dw U) W W Z o 0 Z W J THE SOUTH LINE OF SAID TRACT A DISTANCE OF 99.83 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 05 g WEST A DISTANCE OF 192 FEET, THENCE RUN EAST A DISTANCE OF 96.45 FEET; THENCE RUN SOUTH 05' EAST A R DISTANCE OF 192 FEET; THENCE RUN WEST A DISTANCE OF 96.45 FEET TO THE POINT OF BEGINNING; SAID LANDS NOW g LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. o ^� CONTAINING 20,929 SQUARE FEET OR 0.48 ACRES, MORE OR LESS. 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. _ 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION 8. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS DRAWING IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. LEGEND SECTION LINE EASEMENT UNE PROPERTY LINE .� PROPOSED RIGHT OF WAY M -1.e inns: K\MM-%r'-AMtAN RIVER C0\6M AVENUE\ZM7-0112 - Rsrlwa Per INVARCa 310-Bals9 310 Oat it =7 12:10M Mr dat.a.eret.r DEDICATION - - RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE TCE TEMPORARY CONSTRUCTION - EASEMENT M -1.e inns: K\MM-%r'-AMtAN RIVER C0\6M AVENUE\ZM7-0112 - Rsrlwa Per INVARCa 310-Bals9 310 Oat it =7 12:10M Mr dat.a.eret.r 0 X94 This that fegd desaptkm the ccrUfas o and skefeh of property eh. herein mode sup* -,Wm that tAG Tegd desarptkn i was undo my and acrd sketch meets the standards of pracOm set forth by the F rw ^ Board of PY*fbm nd S:wrepra and Mappers M Chapter 5J-17, Rar/dc cz- sdw Cbdq pwmmnt to Sectke7 472.027, Rad AdmkNh© do Statutes and that this draekrg to a true and accurate rnpreoeitaHm thereof to the best of my knoWedge and bd/ef. Subjact to notes and notatIms sham g - ECG DE'WE7M, PAM. Na 5179 1C) _(l-17 MINI fflrl DATE Not Mkt RTthout the s*ature and the c the/ rtthxd sed of a Ikrtda M -1.e inns: K\MM-%r'-AMtAN RIVER C0\6M AVENUE\ZM7-0112 - Rsrlwa Per INVARCa 310-Bals9 310 Oat it =7 12:10M Mr dat.a.eret.r TCE — 661h Avenue Roadway Widening - Project #1505 PID #32-39-08-00001-0050-00002.0 Project Parcel #310 — Melissa Dean & Donald Arthur Frost Prepared by and return to: IRC -PW -mf 1801 271h Street, Vero Beach, FL 32960-3388 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, made and executed this day of , 2017, by Melissa Dean and Donald Arthur Frost whose address is 6350 65th Street, Vero Beach, FL 32967, hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of FIVE THOUSAND DOLLARS and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF This easement is for the purpose of all construction incidentals, such as; grading, sloping, sodding, clearing, excavating, dredging, etc. This easement shall exist only until the completion of the construction work for the 66th Avenue Project No. 1505. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed, and delivered in the presence of: Witness Signature Grantor Signature Printed Name: Q'0csc-, Printed Name: Meli sa -Dean Witness Signature Grantor Signat a �,ilt7 Printed Name: �acihm p�Qh. Printed Name: Donald Arthur Frost STATE OF FLORIDA} ����11 COUNTY OF INDIAN RIVER} The foregoing instrument was acknowledged before me this a60 -day of c , 2017, by Melissa Dean and Donald Arthur Frost, and they are rsonally known to me or produced driver's license as identification. Sign: Notary Public Printed name & Commission # A ro ed as Fo legal Sufficiency: Fmd'6.�Notarmyp�t'.PHILIP DASCH lic-State of Floridal•Comission 4 GG 106425«,'; My Comm. Expires May 18, 2021 • ounty Attorney lowltil through National "cry Assn, j J P49 r �3 N W 00 0 CL t.- W E l(x� Im _ O 1 _ N 66TH AVE. BASELINE FDOT 50' WIDE R/WI PER -4 R/W MAP SECT. i 8885530-2250 I to O LO U 50' 0 200' 400' GRAPHIC SCALE 200' EXHIBIT "C" TRACT 5 INDIAN RIVER FARMS CO. W W PARCEL Zin Zo TRACT 5 F U F V TRACT 6 U)< INDIAN RIVER FARMS CO. PLAT BOOK 2, PAGE 25 W (ST. WGE) Z EMPTY POCKETS - - W PLAT BOOK 2, PAGE 25 (ST. LUCIE) POINT OF COMMENCEMENT SUBDIVISION POINT OF BEGINNING R/W RIGHT OF WAY ORB PB 12, PG 37 PG PAGE Q TEMPORARY CONSTRUCTION 96.45' -] 323908000010050000020 DAM I8 the -11-I1 thoutNot vd1d wisignotaro and Me ar/gk:d ralsad sed of o Aaklo y ORB 2331, PG 237 $ ,o PARCEL 310-TCE PARCEL 310-TCE m 997 SQ.FT. 5,979 SQ.FT. --L r10�TCE 0.02 ACRES 192' 10' TCE 0.14 ACRES PROPOSED RIGHT OF WAY 99.7't 597.9 T—f EXISTING RIGHT OF WAY-/ 3_t 0'-} 59TH UWE N-9 QUARTER OF SE TILT ON 8 65th STR€EJ 30' 90' TRACT UNE!— _ _ _ LEGAL DESCRIPTION _ _ TEMPORARY CONSTRUCTION EASEMENT EXISTING THE NORTH 10.00 FEET OF THE SOUTH 90 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL I R/W UNE RECORDS BOOK 2331, PAGE 237, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYORS NOTES TRACT 5 LESS THE WEST 30 ACRES THEREOF) AND THE WEST 20.82 ACRES OF TRACT 6, SECTION 8, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK 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; EXCEPTING, HOWEVER THE FOLLOWING PROPERTY: FROM THE SOUTHEAST CORNER OF THE WEST 30 ACRES OF TRACT 5, SECTION 8, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, RUN EAST ALONG THE SOUTH UNE OF SAID TRACT A DISTA E LL 0 6 LL O Q _ ❑ U O ((0 LLL W -0 Z 0 0 dW W U Q 0_ oaz J � 0 Z W J NC OF 99.83 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 09 _ WEST A DISTANCE OF 192 FEET; THENCE RUN EAST A DISTANCE OF 96.45 FEET; THENCE RUN SOUTH 05' EAST A DISTANCE OF 192 FEET: THENCE RUN WEST A DISTANCE OF 96.45 FEET TO THE POINT OF BEGINNING; SAID LANDS NOW t LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. c 3 CONTAINING 6,976 SQUARE FEET OR 0.16 ACRES, MORE OR LESS. s LEGEND SECTION LINE EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. _ 2) THE BEARING BASE FOR THIS SURVEY. IS THE WEST LINE OF SECTION 8. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS DRAWING IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 0MVM9 aaac I'Alra-9svwAMM MM w\eeni kVwuE\=?-onz - R«wa Per RC\PARM 310-TCUN9 ao Oct n, :m7 i:sam bX ehriL DEDICATION - - RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE TCE TEMPORARY CONSTRUCTION EASEMENT 0MVM9 aaac I'Alra-9svwAMM MM w\eeni kVwuE\=?-onz - R«wa Per RC\PARM 310-TCUN9 ao Oct n, :m7 i:sam bX ehriL agi sel 01 IN �� 0181 This cerNHes that o legal desalotkn and sketch of the property shorn herson was made under and sketch meets the ststay an and that th/s fegd descrptlan proetk a set fafM by the RorWa Heard of AroRmfad Surveyom and Mq*ws M Chapter SJ -17, fiafda Admhistradve Code, pursuant to Sechba 472027, Fladda Statute% and that fhls drvMny b o true and acearate representatlen thereof to the lit best of my knowledge end bdkf. SLDILv t to note, and netathrns shorn hereon. EG Ot.7NE7FR, P.SM. No. S179 DAM I8 the -11-I1 thoutNot vd1d wisignotaro and Me ar/gk:d ralsad sed of o Aaklo y RE 0MVM9 aaac I'Alra-9svwAMM MM w\eeni kVwuE\=?-onz - R«wa Per RC\PARM 310-TCUN9 ao Oct n, :m7 i:sam bX ehriL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Acquisition — 66th Avenue Widening Project Owner: Fischer Family Partnership, LLC 6425 77th Street, Vero Beach, FL 32967 DATE: November 8, 2017 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition forthe planned improvements of 66th Avenue between 69th Street - 85th Street (CR510). The proposed improvements include wideningthe existing two- lane roadwayto a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. Fischer Family Partnership, LLC owns a 35.9 acreparcel which is zoned A-1. To accommodate the future planned improvements on 66th Avenue, the County needs to acquire the 0.27 acres of the parcel for right- of-way purposes. The County obtained an appraisal of the property indicating a value of $33,900.00, and made a conditional offer of $33,900.00 to the landowner. The landowner requested additional compensation of $26,777.00 for the relocation of berms, palms and irrigation. After several weeks of negotiations the County and the landowner agreed on $13,043.00 for the relocation of the berms, palms and irrigation with a total purchase price of $46,943.00. FUNDING Funding is budgeted and available in Account No. 31521441-066120-16009, Optional Sales Tax, 66th Avenue (69th Street — 851h Street). RECOMMENDATION Staff recommends the Board approve the Purchase Agreement for the 0.27 acres of property located at 6425 77th Street, Vero Beach, FL 32967, and authorizethe Chairman to executethe purchase agreement on behalf of the Board. ATTACHMENTS One Original Purchase Agreement APPROVED AGENDA ITEM FOR: November 21.2017 P51 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND FISCHER FAMILY PARTNERSHIP, LLC THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2017, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Fischer Family Partnership, LLC ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 6425 77th Street, Vero Beach, FL, Vero Beach, 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 scheduled to do road improvements on 66th Avenue between 49th Street and 81St Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 11,883 square feet or 0.27 acres of property as depicted on Exhibit "A", and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. 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 6425 77th Street, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 11,883 square feet, 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 $46,943.00 (Forty Six Thousand and Nine Hundred Forty -Three 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this P52 Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior wfitten consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or 2 P53 otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) 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. (c) 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. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents. P54 8.1 County shall pay the following expenses at Closing: 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 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. 9. Miscellaneous. 9.1 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. 9.2 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. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duty 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: If to Seller: Dr. Henry A. Fischer Fischer Family Partnership, LLC PO Box 780068 Sebastian, FL 32978 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak 4 P55 r - Either party may change the information above by giving written notice of such change as: provided in this paragraph. 9.5 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 1 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. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to F this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. r r- 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 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 P56 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 Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approve.. Jason E. Brown, County Administrator Approved as to Form and .L--@ al Sufficiency: al, De' County Attorney W—LWP V 'DeBraal, De William K. Dr. Henry A. ischer -Date rel P57 EXHIBIT "A" PBS2-12W 10AOFTR3&E20AOFTR4&W 10AOFN20AOFTR4&N256FTOFE1/2 OFTR5& N 256 FT OF W 10.82 A OF TR 6 LESS R/WS (OR BK 693 PP 1203) & ALSO INC A PCL OF LAND BEING A PORT OF TR 4 BOUNDED AS FOLL: BOUNDED ON THE N BY THE N LINE OF S 1/2 OF TR 4; BOUNDED ON THE E BY W LINE OF E 5 A OF S 20 A OF TR 4; BOUNDED ON THE S BY THE S LINE OF TR 4 & BOUNDED ON THE W BY W LINE OF E 5 A OF S 1/2 OF TR 4; LESS THE FOLL: A PARCEL OF LAND BEING A PORT OF TRS 3, 4, 5 & 6, SEC 5, TWP 32 S, RNG 39 E ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS CO SUB, PBS 2-25 OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, MORE PART DESC AS FOLL: COMM AT NW COR OF SAID TR 4, PROCEED S 89 DEG 50 MIN 29 SEC E ALONG THE N LINE THEREOF A DIST OF 1619.89 FT TO THE NW COR OF REPLAT OF SPYGLASS AFFIDAVIT OF EXEMPTION AS RECORDED IN PBI 26-60, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; TH S 00 DEG 31 MIN 15 SEC W ALONG THE W LINE OF SAID PLAT A DIST OF 525.20 FT TO POB; TH CONT S 00 DEG 31 MIN 15 SEC W ALONG SAID W PLAT LINE A DIST OF 741.21 FT TO THE SW COR OF SAID PLAT; TH S 89 DEG 44.MIN 26 SEC E ALONG THE S LINE OF SAID PLAT A DIST OF 7.22 FT TO A PT ON THE E LINE OF THE W 10.82 AC OF SAID TR 6; TH S 00 DEG 27 MIN 45 SEC W ALONG SAID E LINE A DIST OF 256.00 FT TO A PT ON THE S LINE OF THE N 256.00 FT OF SAID TR 6; TH N 89 DEG 44 MIN 26 SEC W ALONG SAID S LINE AND THE S LINE OF THE N 256.00 FT OF SAID TR 5 A DIST OF 494.51 FT; TH N 00 DEG 31 MIN 15 SEC E A DIST OF 837.62 FT; TH S 89 DEG 40 MIN 20 SEC E A DIST OF 305.73 FT; TH N 00 DEG 31 MIN 15 SEC E A DIST OF 159.95 FT; TH S 89 DEG 44 MIN 26 SEC E A DIST OF 181.30 FT TO POB" Commonly known as: 6425 77th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-05-00001-0030-00002.0 7 P58 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Directo FROM: Monique Filipiak, Land Acquisition Specialis SUBJECT: Land Purchase — Future Expansion Owner: G & T, LLC 1612 20th Street, Vero Beach, FL 32960 201516 th Avenue, Vero Beach, FL 32960 DATE: November 13, 2017 DESCRIPTION AND CONDITIONS Satira Mekras is the owner of G&T, LLC. Ms. Mekras owns two parcels of land south of the Indian River County parking garage, across from the Indian River County Courthouse. The County currently owns all the parcels between 161h and 17th Avenue and between 20th and 2111 Street, except for the property located at 1612 20th Street, a commercial building which is being leased by attorney Robert C. Clark, and the property located at 201516th Avenue, 0.14 acres of unimproved land. Acquiring these two parcels will allow the County to provide additional parking and/or provide for the future expansion of services adjacent to the Indian River County Courthouse. Staff was contacted by the Mekras family in August 2016, to inquire if the County was interested in purchasing the two parcels. The County obtained an appraisal of the properties and the property at 1612 20th Street appraised for $300,000.00. The property at 2015 16th Avenue appraised for $100,000.00. After negotiating with the Mekras Family, the County's final offer was $450,000.00 for both parcels. The Mekras family was asking for $700,000.00 for both parcels and they declined the County's offer. Satira Mekras contacted County staff in August, 2017 and she agreed to the purchase price of $450,000.00 and agreed to pay the closing costs. FUNDING Funding is budgeted and available from Impact Fees/Public Buildings/All Land- Acct #10322019- 066110. RECOMMENDATION Staff recommends the Board approve the Purchase Agreement for the properties located at 1612 20th Street, Vero Beach, FL 32960 and 201516th Avenue, Vero Beach, FL 32960, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS One Original Purchase Agreement APPROVED AGENDA ITEM FOR: November 21, 2017 P59 AGREEMENT TO PURCHASE, SELL, REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND G&TLLC THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2017, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and G & T LLC, ("the Seller") who agree as follows: WHEREAS, Seller owns property located at 1612 20th Street, Vero Beach, FL 32960 and 2015 16th Avenue, Vero Beach, FL 32950. A legal description of the properties is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is purchasing the property for a future parking purposes and expansion near the Indian River County Courthouse; and WHEREAS, in order to proceed with future expansion, the County needs to purchase properties located 1612 20th Street, Vero Beach, FL 32960 and 2015 16th Avenue, Vero Beach, FL 32960; and WHEREAS, the Seller contacted the County to purchase the parcels of approximately 0.28 acres of property as depicted on Exhibit "A", and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. 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 the certain parcels of real property located at 1612 20th Street, Vero Beach, FL 32960 and 201516th Avenue, Vero Beach, FL 32960. A legal description of the properties is attached as Exhibit "A", fee simple, containing approximately 0.28 acres, 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 located at 1612 20th Street shall be $350,000.00 (Three Hundred Fifty Thousand and 00/100 Dollars). The purchase price ("Purchase Price") for the Property located at 2015 16th Avenue shall be $100,000.00 (One Hundred Thousand and 00/100 Dollars). P60 The Purchase Price shall be paid to Seller 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 and the duly authorized representative of the County executes the Agreement. The Parties hereby acknowledge and agree that the Seller has executed the Agreement prior to the County's counter execution in order to accommodate the County's approval process. The Parties further agree that in the eventthat the County fails to deliver this Agreement fully executed to Seller via certified mail with signature receipt confirmation within 30 days from the date Seller executed the Agreement, that this Agreement shall be null and void, the Parties be released from the Agreement and neither Party shall have any further obligation to the other. 3. Title. Seller shall convey marketable title to the Property by special warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use commercially reasonable best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) accept title subject to existing defects and proceed to closing. Notwithstanding the foregoing, in no event shall Seller be required to incur costs greater than $1,000 related to Seller's best efforts to cure title defects. 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 To the best of Seller's knowledge, 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. P61 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing; or (iii) obtain specific performance of the terms and conditions hereof. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 15 days following the Full Execution ("Execution") of the contract by the Parties. Execution shall be the date that the County executes the Agreement. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a special 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) 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, not to exceed the $1,000 limit imposed in Paragraph 3 herein, except for Real Estate Taxes owed on the Property by Seller that have not been paid as of the day of Closing. (c) 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. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. P62 7. Personal Proae 7.1 The Seller has no personal property on the Property. The County hereby acknowledges that the Property is currently rented to and in possession of Robert C. Clark ("Tenant"), who currently has an Agreement to Lease ("Lease"), the term of which has expired, but continues on a month-to-month basis. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices, to the extent they are in Seller's possession, to County, if applicable. 7.3 Addendum. Seller to provide documentation listed in Exhibit "B" Addendum to Agreement to Purchase, Sell and Lease Real Estate prior to closing. B. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents. 8.1 Seller shall pay the following expenses at or prior to Closing: 8.1.1 The cost of recording the special warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the special warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.1.4 All costs, not to exceed $1,000, 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 if any. 9. Miscellaneous. 9.1 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. 9.2 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. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. P63 9.4 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: If to Seller: G & T, LLC 500 Loretto Avenue Coral Gables, FL 33146 Attn: Satira Mekras, Owner If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the contact information in Paragraph 9.4 above by giving written notice of such change as provided in this paragraph. 9.5 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. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, the prevailing party, which for purposes of this provision will include the County and Seller, will be awarded reasonable attorney's fees, costs and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 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. P64 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA G&T LLC BOARD OF COUNTY COMMISSIONERS 17 Chairman Iatira Mekras, Owner D to Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 0 Deputy Clerk Approved: Jason E. Brown, County Administrator Approve as to orm and Leam Sufficiency: William K. DeBraal, eputy County Attorney EXHIBIT "A" Lot 7, Block 44, of Original Town of Vero (now Vero Beach), according to the plat thereof, as recorded in Plat Book 2, at Page 12, of the Public Records of St. Lucie County, Florida, said lands now lying and being in Indian River County, Florida Commonly known as: 1612 20th Street, Vero Beach, FL 32960 Parcel ID Number: 33-39-02-00001-0440-00007.0 Lot 6, Block 44, Vero Beach, City of Original, according to map or plat thereof as recorded in Plat Book 2, Page 12 of the Public Records of Indian River County, Florida Commonly known .as: 2015 16th Avenue, Vero Beach, FL 32960 Parcel ID Number: 33-39-02-00001-0440-00006.0 P66 EXHIBIT "B" Addendum to Agreement to Purchase, Sell, and Lease Real Estate The Seller agrees to the following terms and conditions as part of the Agreement: 1. Provide the County with a copy of the current lease and amendment for Attomey Robert C. Clark prior to closing. 2. Statement of 2017 rent (rent roll), security deposits and reconciliation for 2016 prior to closing. 3.. Provide keys and access codes to property at closing, only to the extent they are in Seller's possession. 4. Execute Assignment of Lease in favor of the County at closing. P67 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: November 6; 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Countryside Citrus Well Mitigation Plan - Design Phase DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) owns and operates two (2) regional potable water treatment facilities. The North County Reverse Osmosis (NCRO) Water Treatment Plant is rated for 11.44 million gallons per day (mgd). Today, the NCRO plant operates a rotation of 3 to 4 skids (out of eight), fed from 5 wells (out of nine), for daily water demands. Running at hypothetical full production capacity.with all eight skids loaded, the NCRO, including blend, can physically produce 15.0 mgd. Given that the future hypothetical withdrawals may have additional drawdowns on the Upper Floridan Aquifer (UFA), the County has elected a mitigation plan to the wellfields immediately west of the NCRO well fields. The wellfields immediately to the west are located within the Countryside Citrus (CC) property owned by Mr. and Mrs. Van Antwerp. The CC property is divided into six (6) parcels ranging from 0.86 to 9.0 acres for a total of approximately 28.93 acres. The CC property has five (5) wells that were installed as far back as 1925 and as recently as 2005. Currently, the three (3) homesteads and the packing house are served by County potable water at no charge. This arrangement will be part of a more formalized agreement once additional costs are known for the mitigation plan. ANALYSIS: The mitigation plan has been discussed with St. Johns River Water Management District (SJRWMD) and the property owner in detail. A solution was agreed to by all parties, contingent upon other details to be finalized at a later date, to install a new UFA supply well with well pump and to retrofit an existing CC well with a submersible pump and motor. Included with the mitigation plan is that the Van Antwerps have been and will continue to receive County water to three residences and one packing house. Once the general framework of the mitigation plan was agreed to by the SJRWMD and the property owner, staff requested Kimley-Horn and Associates to prepare a proposal for the solutions contemplated which include coordination and meetings, specifications and drawings, permitting, observation, and startup. The work order will be provided in accordance with the Extension of the Continuing Services Contract Agreement for Professional Services with Kimley-Horn and Associates dated October 24, 2017. The scope is more specifically described in the attached Work Order No. 16. The total negotiated cost for the Well Page 1 of 2 F:\Utilities\UTILITY - Engineering\WATER\CUP-10524\Van Antwerp Well Mitigation\BCC Items\Agenda - Van Antwerp Well Mitigation Plan v2.docx P68 Mitigation Plan at Countryside Citrus in Work Order No. 16 is a lump sum amount of $44,608 separated into four (4) tasks. Prior to the implementation of the mitigation plan, staff will bring forth a separate item for Indian River County Board of County Commissioner's approval memorializing the understanding between all parties with actual costs to implement the mitigation plan. FUNDING: Funds for this project are derived from the Other Professional Services account in the operating fund. Operating funds are generated from water and sewer sales. Description Account Number Amount Van Antwerp Remediation 47123536-044699-17529 $44,608.00 RECOMMENDATION: Staff recommends approval of Work Order No. 16 authorizing the referenced professional services and requests the Board of County Commissioners to authorize the Chairman to execute Work Order No.16 on their behalf for a lump sum amount of $44,608 to Kimley-Horn and Associates. ATTACHMENT(s): 1. Work Order No. 16 and supporting documents (6 Pages) Page 2 of 2 F:\Utilities\UTILITY - Engineering\WATER\CUP-10524\Van Antwerp Well Mitigation\BCC Items\Agenda - Van Antwerp Well Mitigation Plan v2.docx P69 WORK ORDER NUMBER 16 Van Antwerp Property Water Supply Restoration This Work Order Number 16 is entered into as of this _ day of . 2017, pursuant to that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014, (collectively referred to as the "Agreement") and that certain Extension of Continuing Contract Agreement for Professional Services entered into as of this 2411 day of October, 2017 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), 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 B (Fee Schedule), 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 A (Time Schedule), 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. CONSULTA`N'T BOARD OF COUNTY COMMISSIONERS Kimlev-Hdrnlssoci�c. OF INDIAN RIVER COUNTY By: % By: B'a o d, P.E. Title: S for .P. Approved Date: , Chairman BCC Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: _ Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P70 Exhibit A Indian River County Department of Utility Services Van Antwerp Property (Countryside Citrus) Water Supply Restoration and Well Addition PROTECT UNDERSTANDING Indian River County Utilities (IRCU) is in the process of mitigating water withdrawal impacts to the Van Antwerps (VA) existing groundwater wells from the Hobart wellfield. The following scope consists of meetings and discussions, preparation of documents, coordination, and implementation of the construction of one new supply well, wellpump, and retrofitting one of Van Antwerps (VA) irrigation supply wells #1 with submersible pumps & motors. The intent is to restore, improve and preserve capacity of these wells from future impacts from the Hobart wellfield. SCOPE OF WORK Below is the anticipated scope of work for VA Farm (Countryside) raw water supply and well addition. TASK 1- MEETINGS AND DISCUSSIONS Consultant will attend meetings, participate in conference calls, and be available for discussions with Indian River County Utilities (IRCU) staff, St Johns River Water Management District (SJRWMD), the Van Antwerps, and others. Consultant will prepare for these meetings, including preparation of documents, participate in pre - meeting discussions, and provide follow up to the meetings and discussions. Consultant will attend and participate in conference calls during design and implementation of the work described herein. It is assumed that weekly conference calls will be attended initially, with call frequency reducing to twice monthly during implementation of the work. TASK 2 - PREPARE DOCUMENTS FOR NEW SUPPLY WELL Consultant will prepare design documents and technical specifications for one new permanent 6 -inch Floridan aquifer supply well #6 for the VAW property, and installation of a new submersible well pump in the existing VAW well (#1). C:\Users\mark.miller\Documents\IRCU Van Antwerp Water Supply Restoration 11.7.17.docx Pagel o174 P71 Consultant will prepare 90% review documents and submit electronic copies to IRCU staff for review. Consultant will revise the documents to include IRCU comments and prepare final documents to be used for bidding or procurement of a contractor to construct and implement the work. Consultant will prepare mechanical, civil, well and wellhead details, and electrical drawings for the scope of work assuming up to six (6) to eight (8) drawings. Consultant will select pump and motor sizes, and assist with pump system startup and testing of well and pump assembly during startup. Electronic copies of final drawings and technical specifications will be provided to IRCU for bidding, including up to 6 copies of drawings (11x17) and specifications booklet (8-1/2 x 11). TASK 3 - COORDINATION Consultant will provide coordination with FPL, Indian River County, and VAW in the siting of the well and final sizing of the service. Consultant will coordinate with pump and electrical equipment suppliers, local drillers, and contractors. Consultant will coordinate replacement of the existing end -suction well pump at VAW well #1 and electrical upgrades which may be necessary. TASK 4 - CONSTRUCTION PHASE, FINAL IMPLEMENTATION Consultant will provide construction phase services consisting of bid and/or procurement phase, review of bids/ price proposals, on-site observation of well drilling and mechanical installation activities, review of submittals, and operational testing of designed system. The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices. Consultant will provide construction phase services including hydrogeological services, performance testing of well, and preparation of a brief well completion report for well. Consultant will utilize subconsultant services of JLA Geosciences, Inc. for the Hydrogeologic Consulting Services (JLA). C:\Users\mark.miller\Documents\IRCU Van Antwerp Water Supply Restoration 11.7.17.docx Page 2 of P72 Consultant will provide hydrogeological support and observation services during construction of the new 6 -inch well. Consultant will provide up to 64 hours of on- site hydrogeological services (JLA) for the new well. Consultant will review drilling, geologic and geophysical data and provide recommendations for casing setting depths and completion intervals. Consultant will review pump test results and provide recommendations for permanent pump setting depth. Consultant will coordinate water quality testing. Consultant will provide Jimited contract document interpretation, shop drawing and pay request review and change order requests. Shop drawing submittal will be reviewed for conformance with the intent of the contract documents. JLA will prepare a brief well completion report, including a summary of the lithologic logs, field logs, hydrologic and water quality data, and preparation of figures, data, lithogic logs, and appropriate attachments. Four (4) final copies of the report will be furnished to Owner. The installation of the well pump, column piping, and electrical service for operation of the well will be observed, including startup and operational testing. Contractor to provide coordination of startup. Consultant will attend up to two (2) progress meetings, review construction related issues, and provide coordination where needed. ITEMS FURNISHED BY OWNER The following items will be furnished by the Owner and are necessary for completion of the tasks described herein. • Access to site • Preparations of front-end bid documents SCHEDULE Consultant will provide these services as expeditiously as practical and mutually agreed upon schedule. Consultant will strive to accommodate the following schedule: 1. Prepare Documents 4 - 6 weeks 2. Bidding/ Procurement 4 - 6 weeks 3. Award/ Contractor Mobilize 4 - 6 weeks 4. Drill well 4 - 6 weeks C:\Users\mark.miller\Documents\IRCU Van Antwerp Water Supply Restoration 11.7.17.docx Page 3 of 4 P73 5. Well pump/electrical 4 weeks 6. Operational testing 4 weeks TOTAL ANTICIPATED 24 - 32 weeks (6 - 8 months) FEE SCHEDULE We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 4th, 2014, and extension of Continuing Contract Agreement for Professional Services entered into as of the 24th day of October, 2017 with Indian River County. The Consultant will provide professional services on a lump sum fee basis as follows: Task No. Task Task Fee TASK 1 MEETINGS AND DISCUSSIONS $13,310 TASK 2 PREPARE DOCUMENTS FOR NEW SUPPLY WELL $12,513 TASK 3 COORDINATION $ 3,300 TASK 4 CONSTRUCTION PHASE $15,485 TOTAL $ 44,608 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Water use permitting & coordination with SJRWMD • Groundwater modeling C:\Users\mark.miller\Documents\IRCU Van Antwerp Water Supply Restoration 11.7.17.docx Page 4 of P74 EXHIBIT B ESTIMATE FOR ENGINEERING SERVICES PROJECT: Van Antwerp Property Water Supply Restoration CLIENT: Indian River County Utilities ESTIMATOR: MDM DESCRIPTION Meetings, Discussions, Preparation of Documents, Construction & Implementation DIRECT LABOR MAN-HOURS PRINC SEN PROF/ PM MDM Reg Prof PE FH P3 TECH NB/VH CLK EXP SUB Dir Exp LINE TOTAL , NO.1 TASK 1 MEETINGS AND DISCUSSIONS Conference calls 10 $2,250 Meetings 16 $200 $3,800 JLA $7,260 $7,260 2 PREPARE DOCUMENTS Prepare drawings 6-8 6 38 $5,340 Specs 2 4 $870 Elec C& 2 $3,500 $3,950 JLA $2,353 $2,353 3 COORDINATION Pump, FPL, & vendors 6 6 $1,980 JLA $1,320 $1,320 4 CONSTRUCTION Bidding/procurement 4 4 $1,200 onsite observations 4 2 $1,110 submittals 2 6 $1,080 contractor coordination 6 2 $1,560 JLA $10,535 $10,535 TOTAL HOURS 01 581 01 581 4 25168 $0 $44,608 LABOR($/HOUR) 2351 2251 1501 1051 75 $0 $0 SUBTOTAL 01 130501 01 60901 3001 251681 $44,608 $0 V Ln Indian River County Board of Commissioners Meeting of November 21, 2017 Re: Item #8.L. Countryside Citrus Well Mitigation Plan - Design Phase Please be advised that the Mitigation Plan should be in the name of Frederick W Van Antwerp (COIR) and Florence B Van Antwerp (COTR). Not in the name of Countryside Citrus, as Countryside Citrus is only a lessee, with no ownership of the property. The name Countryside Citrus is mentioned in in at least two other places in the Consent Agenda Item. We would appreciate your changing these items at your earliest convenience. Thank you. Sincerely, Florence B Van Antwerp and Frederick W Van Antwerp -15-1 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney d� Office Of Consent 1112112017 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: November 16, 2017 ATTORNEY SUBJECT: . Subordination of City Utility Easements to the Florida Department of Transportation, for the SR 60/431 Avenue Project In June 2015, the County and the Florida Department of Transportation (FDOT) entered into a County Incentive Grant Program Locally Funded Agreement (incentive Agreement) whereby FDOT would acquire the needed right-of-way for the SR 60/43'd Avenue intersection improvements (Project) with the cost of acquisition to be split equally between the parties. On August 15, 2017, the Board approved an agreement for Subordination of County Utility Easements to the Florida Department of Transportation for the SR 60/43rd Avenue Project. In that Subordination, the FDOT agreed to pay the cost of relocation of the County's utilities if they were impacted by the improvement project. Those easements are located on the southeast corner of the intersection near Young's Produce. As a result of title searches, surveying and performing utilities locations, a City of Vero Beach Utility easement has been found in the area near the Szechuan Palace Restaurant and will be impacted by the Project. The land is owned by the Sexton Family. FDOT has asked the City to subordinate its interest in the utility easements to FDOT, which was done by the City at their Council meeting of October 3, 2017. The City and FDOT are now asking the County to join into that agreement to pay for the costs of relocation of the City utilities that will have to be relocated during the Project. Since the City utilities lie in an easement owned by the City, the party requesting the relocation of the utilities must pay for the cost of moving them to the new location. As the County is responsible for construction of the Project (with financial assistance from FDOT) the County is responsible for the cost of relocation. FUNDING. Funding for this matter is budgeted and available in the Traffic Impact Fees/Construction in Progress /43rd AVE 18th ST to 26th ST, account number 10215241-066510-06041. An exact cost amount to move the utilities cannot be determined at this time, however it is estimated to be approximately $1,000.00. P76 City Utility Subordination, SR 60/43rd Avenue November 16, 2017 Page 2 RECOMMENDATION. Staff recommends the Board of County Commissioners approve the Subordination of City Utility Interests with the City of Vero Beach and the Florida Department of Transportation, for the SR 60/43rd Avenue Project and approve the accompanying Resolution authorizing the Chairman to execute the Subordination on behalf of the Board. Attachments: Subordination of City Utility Interests Resolution Authorizing the Chairman to sign the Subordination of City Utility Interests Copy to: Richard B. Szpyrka, P.E., Public Works Director William Johnson, P.E., Roadway Production Engineer Robin Brisebois, FDOT 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 Stefanie Beskovoyne Assistant City Attorney City of Vero Beach SBeskovoyneO-COVB. orq P77 23-UTL.04-06/93-Modified by D4/DR This instrument prepared under the direction of: Legal Description prepared by: Louis Cefolia, P.S.M. (04/1.5/16) Document prepared by: Grace K. Abel (07/15/16) Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section: Managing District: S.R. No. County: SUBORDINATION OF CITY UTILITY INTERESTS 123.3 4317591 88060-2526 04 60 Indian River THIS AGREEMENT is entered into this day of 201 , by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the COUNTY, and the CITY OF VERO BEACH, a Florida municipal corporation, hereinafter called the CITY. W I T N E S S E T H: WHEREAS, .the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the COUNTY; and WHEREAS, the COUNTY is willing to pay to have the CITY' S facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, CITY and COUNTY agree as follows: CITY subordinates to the interest of COUNTY its successors and assigns, any and all of its interest in the lands as follows, viz: Parcel No. 123 Item/Segment No. 4317591 A portion of Lots 1 and 2, PINEWOOD SUBDIVISION, according to the plat Page 1 of 5 P78 thereof, as recorded in Plat Book 2, Page 89 of the Public Records of Indian River County, Florida, lying in Section 4, Township 33 South, Range 39 East, as shown on Sheets 3, 5, and 8 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4317591, Section 88060-2526, being more particularly described as follows: Commence at the Northeast Corner of said Lot 1; thence North 89°19'17" West along the Northerly line of said Lot 1, a distance of 20.00 feet to a point on the Westerly Existing Right of Way line of County Road 611 (43rd Avenue) and the POINT OF BEGINNING; thence along said Westerly Existing Right of Wa.y line of County Road 611 (43rd Avenue) for the next nine (9) courses: (1) South '00001101" West, a distance of 20.00 feet; thence (2) South 89019'17" East, a distance of 5.00 feet; thence (3) South 00°01'01" West, a distance of 50.63 feet; thence (4) North 89002'02" West, a distance of 5.00 feet; thence (5) South 00001'01" West, a distance of 30.00 feet; thence (6) South 89002'02" East, a distance of 5.00 feet; thence (7) South 00001'01" West, a distance of 28.44 feet; thence (8) North 89°02158" West, a distance of 5.00 feet; thence (9) South 00°01'01" West, a distance of 30.00 feet to a point on the Southerly line of said Lot 2; thence North 89002'58" West along said Southerly line of Lot 2, a distance of 25.01 feet; thence North 00001'01" East, a distance of 158.93 feet to a point on said Northerly line of Lot 1; thence South 89019117" East along said Northerly line of Lot 1, a distance of .25.01 feet to the POINT OF BEGINNING. Containing 4,371 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B. & PAGE Easement 10/07/08 Sexton, Inc., a City of Vero O.R.B. for Florida Beach, Florida 2299, Utilities corporation PG. 502 Easement 10/07/08 Sexton, Inc., a City of Vero O.R.B. for Florida Beach, Florida 2301, Utilities corporation PG. 296 Page 2 of 5 P79 PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the COUNTY'S current minimum standards for such facilities as required by the COUNTY'S applicable procedure or guidelines, in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the COUNTY. Should the COUNTY fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter, adjust, or relocate its facilities located within said lands, the COUNTY hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the COUNTY Is facilities. , 4. The CITY agrees to repair any damage to COUNTY facilities and to indemnify the COUNTY against any loss or damage resulting from the CITY's negligence in exercising its rights outlined in Paragraphs 1 and 3 above. Except to the extent provided by section 768.28, Florida Statutes, nothing in this Agreement shall be construed or intended to be a waiver of the parties' sovereign immunity whether by contract or by law. (Signature pages to follow) Page 3 of 5 P80 IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY BY: Chairman The foregoing instrument was acknowledged before me this 21st day of November 2017, by Chairman, who is personally known to me. Approved as to form and legal sufficiency. i liam K. DeBraal Deputy County Attorney Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Approved: Jason E. Brown County Administrator Page 4 of 5 P81 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its City Council acting by the Mayor .or Vice - Mayor of said Council, the day and year aforesaid. ATTEST: Tammy Burs.ick City Clerk [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH, a Florida municipal corporation By: Laura Moss, Mayor The foregoing instrument was acknowledged before me this day of 201 , by Laura Moss, as Mayor, and Tammy Bursick, as City Clerk, who are personally known to me. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: ADMINISTRATIVE REVIEW (For Internal Use Only -Sec. 2-77 COVB Code) Approved as conforming to City policy: James R. O'Connor City Manager Approved as to form and legal sufficiency: Wayne R. Coment City Attorney Approved -as to technical requirements: Robert J. Bolton Director, Water & Sewer Page 5 of 5 P82 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A SUBORDINATION OF CITY UTILITY INTERESTS FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE 43RD AVENUE/STATE ROAD 60 PROJECT. WHEREAS, the construction improvements to the 43rd Avenue/State Road 60 intersection, including the addition of turn lanes, drainage piping with drainage structures, signalization, signing and pavement markings from 18th to 26th Street ("Project") is an Indian River County priority project; and WHEREAS, the City of Vero Beach has two utility easements that may be affected by the Project; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Subordination of City Utility Interests for the aforementioned Project, in case the utility facilities need to be relocated should there be a conflict that arises during construction of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Subordination of City Utility Interests for the aforementioned project. The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner being put to a vote, the vote was as follows: Chairman Vice -Chairman Commissioner Commissioner Commissioner who and, upon The Chairman thereupon declared the resolution passed and adopted this 21th day of November, 2017. BOARD OF COUNTY CONMIISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal Deputy County Attorney F:\Attorney\Bill\Capital Projects\43rd Avenue Project\FDOT Documents\Resolution Subordination of City of Vero Beach Utilities.doc P83 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: Ofce of INDIAN MEMORANDUM Board of County Commissioners /a A ) Communi y Development 1112112017 RIVER COUNTY ATTORNEY THROUGH: Stan Boling, Director, Community Development Department THROUGH: Scott P. McAdam, MCP, CBO, Building Official FROM: William K. DeBraal, Deputy County Attorney DATE: November 15, 2017 SUBJECT: Condemnation, Demolition and Removal of Unsafe Structure Located at 4076 Old Dixie Highway, Vero Beach It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 21, 2017. DESCRIPTION AND CONDITIONS: The structure listed in the attached condemnation list, locally referred to as the Club Bali, has been condemned and ordered repaired or removed by the Building Official. The structure has been inspected by staff and is considered unsafe and detrimental to the health, safety, and welfare of the general public. It is a threat to the abutting building to the south and the owner of .the neighboring building has complained of water getting into his building from the Club Bali building. As per county code requirements, the owner of the property and others with an interest in the property were issued notices to repair or remove the structure within 60 days, and advised of their right to appeal the condemnation order before the Indian River County Construction Board of Adjustments and Appeals. In addition, condemnation cards were posted on the property. The owner was also notified that the Board would consider a Resolution to demolish the building and impose a lien, if they failed to demolish the structure or obtain permits to repair the structure. The owner has not applied for repair permits, demolition permits, or appealed the decision of the Building Official. ANALYSIS: The subject structure has been vacant for a considerable period of time. During that time, the building has continued to deteriorate. The roof has a large hole where water freely enters the building. The second story has partially collapsed and the building is unsecured. It is frequented by vandals, IV drug users and transients. The Sheriff's Department found a gun in the building recently. The parcel was recently purchased at tax deed sale by Summit Tax Partners, LLC, of Lincoln, Nebraska. Pursuant to Florida Statutes, municipal liens are not scrubbed from a tax deed sale so the County's Notice recorded on the public record is valid against the new owner. The County Attorney's Office contacted Summit Partners by letter, phone and email in September 2017. Summit expressed the P84 Club Bali Demolition November 15, 2017 Page 12 desire to repair the building so they were referred to the Treasure Coast Builders Association for hiring a contractor to examine the building. To date, no response has been received from Summit Partners. Not only has the owner failed to maintain the structure in compliance with the Minimum Standard Codes, it has failed to bring the structure into compliance as required by the posted notice. Since the owner has not filed an appeal to the condemnation order, the County may now proceed with demolition of the structure and with assessing a lien against the property for demolition and removal. The demolition of this commercial structure will most likely exceed recent demolition contracts, which have averaged $4,175 per residential site. The neighboring building located at 4066 Old Dixie is owned by Mr. Cobb. It is abutting the Club Bali to the south. Mr. Cobb is experiencing water coming into his building from the Club Bali building. Preliminary inspections and discussion with Mr. Cobb reveals that the two buildings do not share a common wall, rather there are two separate walls. The demolition contractor will have to be especially careful in demolishing the Club Bali so as not to affect Mr. Cobb's building, thus, staff anticipates a higher demolition cost. The County Attorney's Office has reviewed the title report on the parcel and found no encumbrances (i.e. mortgages, liens) other than code enforcement liens and unpaid taxes from 2016 in the amount of $1,675.50. The property is located in the Gifford Neighborhood Plan area known as east Gifford. Demolition of this unsafe structure on this site, as proposed, will help meet the neighborhood plan objective of demolishing unsafe structures in east Gifford. Also, in accordance with the neighborhood plan, the demolition project will include weed removal/control on the subject lot. FUNDING Funding for the demolition and removal of the unsafe structure is available in the MSTU Fund/Reserve for Contingency. After demolition bids are received and a demolition contract is awarded, a budget amendment will need to be processed to move those funds to the MSTU/Road & Bridge/Other Contractual Services- Account # 00421441-033490. RECOMMENDATION Staff recommends that the Board of County Commissioners declare this structure unsafe and a nuisance, and order the building demolished, with related debris removed from the property by a private vendor approved through standard bid procedures. Staff further recommends that the Board adopt the resolution authorizing the Building Official to report the County's demolition and debris removal cost for the structure to the County Attorney for the preparation and recording of a lien to be placed on the real property of the owner of the demolished unsafe structure for the purpose of recovering the County's demolition costs. ATTACHMENTS 1. Resolution 2. Condemnation List 3. Pictures of Condemned Structure P85 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE DEMOLITION OF AN UNSAFE STRUCTURE AND THE RECOVERY OF COSTS. WHEREAS, Indian River County has adopted the Property Maintenance Code at Chapter 403, Indian River County Code; and WHEREAS, Section 403.08 of the Property Maintenance Code provides for the recovery of the costs of repairs to and/or demolitions of unsafe structures; and WHEREAS, Section 100.080 of the Indian River County Code provides that the Board of County Commissioners may cause, by resolution, a lien to be filed in the Official Record Books of the County against properties on which the county has incurred demolition costs; and WHEREAS, a notice of intent to adopt a lien resolution has been given to the proposed lienee(s), NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,, FLORIDA, that the unsafe structure on the property described on the attached Condemnation List be demolished; and that any costs incurred by County government as a result of such demolition undertaken at the direction of the Board of County Commissioners shall be recovered from the property upon which each unsafe structure is located, as identified in the attached Condemnation List. The costs of such demolition shall be reported to the Building Official who shall notify the County Attorney's Office to prepare a lien for the recovery of those costs, to be placed upon the real property of the unsafe structure as listed in the attached Condemnation List, any such lien bearing interest at the rate established by the Board of County Commissioners for the calendar year in which the lien is recorded, such interest to commence accruing from the date the lien is recorded in the Public Records of Indian River County, Florida, until such time as the lien, including interest, is paid. F:\Attomey\Bill\Demolitions\Club Bali demo resolution.doe P86 RESOLUTION NO. 2017 - The ' foregoing resolution was offered , and seconded by Commissioner upon being put to a vote, the vote was as follows: Joseph E. Flescher Peter D. O'Bryan Susan Adams Bob Solari Tim Zorc by Commissioner and, The Chairman thereupon declared the resolution duly passed and adopted this 21 st day of November, 2017. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B 10 ' � (1, 00 William K. DeBraal Deputy County Attorney M :oMey\Bill\Demolitions\Club Bali demo resolution.doc il M Chairman P87 RESOLUTION NO. 2017 - CONDEMNATION LIST: 1. Owner: Summit Tax Partners, LLC Property: 4076 Old Dixie Highway, Vero Beach, FL Tax ID#: 32392600008000000002.0 Legal Desc.: ESPYS SUBDIVISION - LOT 2 PLAT BOOK 2 PAGE .36 F:\Attorney\Bill\Demolitions\Club Bali demo resolution.doc P88 RESOLUTION NO. 2017 - CONDEMNATION LIST: Owner: Summit Tax Partners, LLC Property: 4076 Old Dixie Highway, Vero Beach, FL Tax ID#: 32392600008000000002.0 Legal Desc.: ESPYS SUBDIVISION _ LOT 2 PLAT BOOK 2 PAGE 36 F;Wttorney\Bill\Demolitions\Club Bali demo resolution.doc P89 4076 Old Dixie HWY Write a description for your map. +ij x• y '_. �` •'_ �1_ -� •�'•r'-"� �'�'Miii ... 'F—�_MS•si `_ w • �� ter•' �.i�;=- •;a•.''�,." • - �r. :►L .,i' ; : ' -_r, `st"41 i_�--- ,? Legend RY��". �a '� = • fit. �.��;'y • P �-'.�' ` • .t�' '% Q 4076 Old Dime Hwy .. �, 1 ftp rti•f+htt } t•a. /.-' ""_ t..r•,'�y;,i.��:'�.4t� . fir' "•' .t• � 4 `. 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'i"\ a t� `• � -" f�YI: � _ � , CAP, -4, li 9*9 4'< r�+����.•L e 4 +��,+e+ ¢ to t ^ DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: John King, Director of Emergency Services FROM: Maria Resto, Radiological Emergency Analyst/Radio System Manager DATE: November 13, 2017 SUBJECT: Signing of Work Order No. 3 for Radio System P25 Migration Project 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 August 16, 2016, the Board approved a migration project to the Federal Communications Commission P25 standard for interoperable digital two-way communications for public safety organizations. This is a planned upgrade and is detailed in the County's Capital Improved Element (CIE). As you will recall, staff recommended commencing the upgrades in phases over a five-year period. Staff is now presenting Work Order No. 3 for the phased upgrade, which includes all the work necessary to install the simulcast equipment, DC power and antenna system. Continuing with the Board approved P25 migration project and agreement for service; the attached work order outlines the projects and associated cost of $1,596,311.81 and requires signing of the work order. FUNDING: Funding is budgeted and available in the Optional Sales Tax/Fire Services/800MHZ Upgrade P25 Compliance account. ITEM Amount Account Number P25/Phase 2 $1,596,311.81 31512022-066510-16004 RECOMMENDATION: Staff recommends the Board approve Work Order No.3 with Communications International Inc. and authorize the Chairman to execute the agreement. ATTACHMENTS: 1. Work Order No. 3 2. Exhibit "A" 3. Quote for Stage 3 Radio System Upgrade from Communications International, Inc. P94 Indian River County Emergency Services 4225 43'd Avenue Vero Beach, Florida 32960 Telephone: (772) 226-3900 FAX: 772-567-9323 Project: P25 Radio Project Emergency Services WORK ORDER NO. 3 FOR THE COUNTYWIDE P25 MICROWAVE RADIO SYSTEM MIGRATION PROJECT WITH COMMUNICATIONS INTERNATIONAL, INC. This Work Order No. 3 to the Countywide P25 Radio System Migration Project dated November 21, 2017 is for the Radio System Contractor (Communications International) to perform work necessary to provide P25 Radio Communications Network Enhancements to the Indian River County (County) Radio System.. Work Order No. 3 is as follows: SECTION I — PROJECT LIMITS This Work Order No. 3 includes tasks and services for Communications International to perform in connection with the radio system upgrade. SECTION II - SCOPE OF SERVICES As agreed upon between Communications International and County, that Communications International shall provide all Engineering, Design and supply necessary materials and labor to install radio system simulcast equipment, DC power and 700 MHZ antenna system (Part 1 of 3) as described in price quote dated 10-30-16. Milestones and pricing associated herein are attached to this Work Order No. 3 as Exhibit A and incorporated by reference herein. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT Communications International shall provide the County: The services completed by Communications International and delivered to the county within 365 days from notice to commence. SECTION IV — COMPENSATION The County agrees to pay, and Communications International agrees to accept, for the above- described services rendered as identified in Sections I, II, and III of this Work Order No. 3 for a total amount of $1,596,311.81 P95 Any additional services not described hereon shall be pre -approved by the County. All invoicing shall include itemized costs and materials expended to complete the work. IN WITNESS WHEREOF the parties hereto have executed these presents this 21st day of November, 2017. OWNER: DESIGN/BUILDER: BOARD OF COUNTY COMMISSIONERS Communications International INDIAN RIVER COUNTY, FLORIDA (Signature) Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Comptroller and Clerk of Circuit Court Deputy Clerk Approved as to Form and Legal Sufficiency: Dylan Reingold, County Attorney Jason Brown, County Administrator (Signature) Joseph Cowan, Project Manager Witnessed by: (Signature) (Printed name) P96 EXH I BIT "A" Milestone Payment Schedule Milestone 1 CDR Acceptance 246,262.36 Milestone 2 Ci receipt of Harris RF Nuipment 540,275.40 Milestone 3 Ci receipt of Harris Spare RF Equipment 167,353.51 Milestone 4 Ci receipt of DC Power Equipment 255,120.00 Milestone 5 Ci receipt of Antenna/Coax/Combiners 57,350.00 Milestone 6 Installation Services 184,950.54 Milestone 7 Testing and Final Acceptance 145,000.00 Total Invoicin $1,596,311.81 P97 • COMMUNICATIONS INTERNATIONAL An Employee Owned Company Indian River County Emergency Services ATT: John King Quote Date: 10/30/2017 Valid Until 12/30/2017 Quote#: SWF1003( stomer ID: I RCES Stage 3 of Public Safety Radio System Upgrade to P25 Phase 2 Jeff Willingham Area Manager Steve Fisher Chief Enaineer 1 Qty 1 ModelItem Harris D• 700 MHZ 5 Ch Simulcast Site w Primary Control Point $ 317,441.30 ,.. $ 317,441.30 2 1 Harris 700 MHZ 5 Ch Simulcast Site w Secondary Control Point $ 279,941.30 $ 279,941.30 3 1 Harris 700 MHZ 5 Ch Simulcast Site $ 219,946.40 $ 219,946.40 4 1 Harris 700 MHZ 5 Ch Simulcast Site $ 219,946.40 $ 219,946.40 5 1 Harris 700 MHZ Antenna System Part 1 of 3 Parts $ 57,350.00 $ 57,350.00 5 1 Harris Site & Simulcast System Spares $ 167,353.51 $ 167,353.51 6 1 Eltek DC Power Systems - $ 292,120.00 $ 292,120.00 7 1 CI -S Installation, Engineering & Project Management Services $ 212,867.00 $ 212,867.00 8 1 CI -M Installation Hardware, Materials and Grounding $ 6,086.90 $ 6,086.90 System Discount $ (176,741:00) Special Assumptions Quote subject to Ci standard terms and conditions. Submit Purchase Order to: Communications International 4450 US Highway 1 Vero Beach, FL 32967 www.ask4ci.com Quote accepted: Signature Date Print Name Title P98 • COMMUNICATIONS INTERNATIONAL QUOTE TERMS AND CONDITIONS: An Employee Owned Company 1. Quotes are exclusive of all installation and programming charges unless expressly stated and all applicable taxes. 2. Title will pass upon shipment, risk of loss will pass upon delivery to purchaser's facility. 3. Ordered equipment may be returned for a full refund, less a 25% restocking fee, if the equipment is returned unused and undamaged in its original packaging within six months after shipment. 4. Prices quoted are valid for the duration as noted above. 5. Net 30 days after invoice 6. Manufacturer's standard equipment warranty (which will be furnished upon request) applies to all ordered equipment. Communication International, Inc. DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE ORDERED PRODUCTS, EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. Communication International, Inc.'s TOTAL LIABILITY ARISING FROM THE ORDERED PRODUCTS WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, IN NO EVENT WILL COMMUNICATIONS INTERNATIONAL INC. BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. 8. These terms will prevail over any inconsistent or additional terms on any purchase order submitted by the purchaser P99 DEPARTMENTAL MATTERS Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board Of County Commissioners DATE: November 15, 2017 SUBJECT: 4th Quarter preliminary FY 2016/2017 Budget Report FROM: Michael Smykowski Director, Office of Management & Budget Following is the staff report for the fourth quarter preliminary of fiscal year 2016/2017. Staff will make a presentation at the Board meeting. P100 Quarterly Budget Report - Budget to Actual Revenue Comparison FY 2016-2017 4th Qtr -preliminary 001 -GENERAL FUND Account Description BUDGET YTD Revenues Percentage of Annual Budget Difference Comments/ Notes 001031 Taxes $48,505,555 $49,261,734 101.6% $756,179 The county budgets ad valorem taxes @ 95% collection. Most are paid by Nov to receive the 4% discount 001033 Intergovernmental $7,791,796 $6,372,016 81.8% ($1,419,780) SRA grant budgeted but not yet received. 001034 Charges For Services $944,800 $1,123,310 118.9% $178,510 Prison revenue and fairground fees higher than anticipated 001035 Judgments, Fines & Forfeits $206,649 $189,495 91.7% ($17,154) Radio Tower rents slightly below budgeted figures 001036 Licenses $104,500 $117,702 112.6% $13,202 makes this % lower than other funds. 001037 Interest $104,500 $245,615 235.0% $141,115 Interest earnings higher than anticipated 001037 Interest Mark to Market Adjustment $0 ($56,437) N/A ($56,437) Non -Cash entry required by GASB made quarterly 001038 Miscellaneous $4,667,827 $5,346,105 114.5% $678,278 Surplus sales and the FPL Disaster Preparedness grant are higher than anticipated 001039 Other Sources $18,217,560 $18,217,465 100.0% ($95) +450k Subtotal without cash forward $80,543,187 $80,817,005 100.3% $273,818 Shooting Range revenues below budget. 001039 Cash Forward $7,255,871 $0 95.6% ($7,255,871) Cash forward reserves budgeted, but not actual Grand Total $87,799,058 $80,817,005 92.096 ($6,982,053) Interest higher than anticipated 004 MUNICIPAL SERVICE FUND Percentage of Account Description BUDGET YTD Revenues Annual Budget Difference Comments/ Notes The county budgets ad valorem taxes @ 95% collection. 004031 Taxes $9,861,412 $9,840,727 99.8% ($20,685) Most are paid in Nov to receive 4% discount. MSTU includes communications tax and business tax which makes this % lower than other funds. 004032 Permits And Fees $9,017,875 $9,643,679 106.9% $625,804 Lag time in franchise fees- anticipated Sept Payment +800k 004033 Intergovernmental $8,106,350 $8,443,191 104.2% $336,841 Lag time in half cent sales tax -anticipated Sept Payment +450k 004034 Charges For Services $1,255,488 $1,045,557 83.3% ($209,931) Shooting Range revenues below budget. 001035 Judgments, Fines & Forfeits $137,750 $131,730 95.6% ($6,020) Code enforcement fines down 004037 Interest $38,000 $131,424 345.9% $93,424 Interest higher than anticipated 004037 Interest Mark to Market Adjustment $0 ($30,528) N/A ($30,528) Non -Cash entry required by GASB made quarterly 004038 Miscellaneous $19,700 $273,229 1386.9% $253,529 Surplus Sales higher than anticipated Subtotal without Cash Forward $28,436,575 $29,479,009 103.7% $1,042,434 004039 Cash Forward $2,126,034 $0 ($2,126,034)Cash forward reserves budgeted, but not actual Grand Total 1 $30,562,609 1 $29,479,009 96.5% ($1,083,600) Quarterly Budget Report - Budget to Actual Revenue Comparison FY 2016-2017 4th Qtr -preliminary 111 TRANSPORTATION FUND Department Description BUDGET YTD Revenues Percentage of Annual Budget Difference Comments/ Notes 111032 Permits And Fees $185,250 $258,970 139.8% $73,720 Permit revenue higher than budgeted. 111033 Intergovernmental $2,620,290 $2,894,744 110.5% $274,454 DOT Traffic Signal Enhancement revenue received in July. 111034 Charges For Services $93,575 $99,402 106.2% $5,827 MPO Services reimbursements done at year end 111037 Interest $30,400 $50,757 167.0% $20,357 Interest earnings higher than anticipated 111037 Interest Mark to Market Adjustment $0 ($3,011) N/A ($3,011) Non -Cash entry required by GASB made quarterly 111038 Miscellaneous $338,795 $438,345 129.4% $99,550 Traffic Sign Production revenue higher than anticipated 111039 Other Sources $9,770,179 $9,756,429 99.9% ($13,750) Subtotal without Cash Forward $13,038,489 $13,495,636 103.5°x6 $457,147 111039 Cash Forward $2,593,527 $0 Subtotal without Cash Forward ($2,593,527) Cash forward reserves budgeted, but not actual Grand Total $lS,632,0261 $13,495,636 1 86.3°x6 ($2,136,380) 114 EMERGENCY SERVICES DISTRICT Department Description BUDGET YTD Revenues Percentage of Annual Budget Difference Comments/ Notes 114031 Taxes $27,163,668 $27,604,729 101.6% $441,061 The county budgets ad valorem taxes @ 95% collection. Most are paid by Nov. to receive the 4% discount 114033 Intergovernmental $923,811 $891,928 96.5% ($31,883) 114034 Charges For Services g $5,369,701 $6,354,551 118.3% $984,850 Permit, Inspection, and ALS revenues higher than anticipated 001035 Judgments, Fines & Forfeits $11,400 $1,600 14.0% ($9,800) False Fire Alarm revenues down significantly 114037 Interest $28,500 $82,090 288.0% $53,590 Interest higher than anticipated 114037 Interest Mark to Market Adjustment $0 ($6,397) N/A ($6,397) Non -Cash entry required by GASB made quarterly 114038 Miscellaneous $128,071 $103,828 81.1% ($24,243) One-time contribution from FP&L received in January Subtotal without Cash Forward $33,625,152 $35,032,329 104.2% $1,407,177 114039 Cash Forward $4,091,683 $0 ($4,091,683) Cash forward reserves budgeted, but not actual Grand Total $37,716,835 $35,032,329 92.9% ($2,684,506) Grand Total - All Taxing funds $171,710,5181 $158,823,979 92.5% ($12,886,539) Quarterly Budget Report - Budget to Actual Expense Comparison FY 2016-2017 4th Qtr. Preliminary 001- General Fund Department Description BUDGET YTD Expenses Percentage of Annual Budget Difference Comments/ Notes 101 BCC Operations $1,036,026 $984,972 95.1% ($51,054) 102 County Attorney $1,598,997 $972,094 60.8% ($626903) Legal Services budgeted but not all incurred, regarding All Aboard Florida. 103 Geographic Info Systems Dept. $53,082 $53,082 100.0% $0 GIS costs charged on a monthly basis. 106 General Health $890,001 $866,070 97.3% ($23,931) 107 Communications/Emergency Sac $577,017 $353,824 61.3% ($223,193) 800 MHZ Maintenance budgeted but not yet expended 109 Main Library $2,559,922 $2,059,668 80.5% ($500,254) Carpeting budgeted but not yet completed. 110 Agencies $6,782,384 $5,391,505 79.5% ($1,390,879)Community Transportation Coordinator expenses reimbursed as expended. 111 Medicaid $1,142,135 $1,092,392 95.6% ($49,743) Lag time in reimbursement submittals. 112 North County Library $1,058,617 $986,163 93.2% ($72,454) Salaries/benefits and operating expenses lower than anticipated 113 Brackett Family Library $287,770 $254,901 88.6% ($32,869) Savings in part-time employees/benefits and operating supplies 114 Value Adjustment Board $66,950 $39,210 58.6% ($27,740) Expenses lower than anticipated 118 Ind Riv Soil/Water Consery $45,737 $38,443 84.1% ($7,294) Salary/Benefits lower due to turnover in personnel 119 Law Library $86,492 $84,629 97.8% ($1,863) 128 Children's Services $1,051,965 $960,936 91.3% ($91,029) Funding based on reimbursement submittals. 137 Redevelopment Districts $163,672 $163,671 100.0% ($1) CRA payments are due in full in December. 199 Reserves $6,395,102 $4,888,918 76.4% ($1,506,184) Contingencies budgeted, but not expended. 201 County Administrator $458,771 $435,705 95.0% ($23,066) Lobbyist Services not yet expended. 202 General Services $135,146 $131,848 97.6% ($3,298) 203 Human Resources $463,432 $444,084 95.8% ($19,348) Insurance and Legal Fees lower than anticipated 204 Planning and Development $6,000 $1,140 25.3% ($4,860) Pace/illegal dumping expenses not as high as anticipated 206 Veterans Services $269,709 $252,962 93.8% ($16,747) Expenditures based on reimbursement. 208 Emergency Management $576,153 $512,282 88.9% ($63,871) Some grants budgeted but not yet expensed. 210 Parks $2,428,826 $2,115,785 87.1% ($313,041) Budgeted capital fairground expenses not yet incurred. 211 Human Services $287,5081 $209,340 72.8% ($78,168) Actual expenses lower than anticipated 1 W Quarterly Budget Report - Budget to Actual Expense Comparison FY 2016-2017 4th Qtr. Preliminary 001- General Fund (continued) Department Description Budget YTD Expenses Percentage of Annual Budget Difference Comments/ Notes 212 Agriculture Extension $178,094 $167,093 93.8% ($11,001) 216 Purchasing $167,880 $167,289 99.6% ($591) 220 Facilities Management $3,881,373 $3,358,425 86.5% ($522,948) Budgeted capital not yet purchased Andoperating costs lower than anticipated 229 Management & Budget $321,100 $315,944 98.4% ($5,156) 237 FPL Grant $121,295 $55,146 45.5% ($66,149) Vacant position. 238 Emergency Mgmt. Base Grant $133,986 $122,794 91.6% ($11,192) 241 Computer Services $228,366 $228,366 100.0% $0 Computer Service costs charged on a monthly basis. 246 Risk Management $283,218 $283,218 100.0% $0 Insurance charge done once a year. 250 County Animal Control $568,145 $516,572 90.9% ($51,573 Fuel and operating expenses lower than anticipated. 251 Mailroom/Switchboard $344,200 $322,094 93.6% ($22,106) 252 Environmental Control $7,033 $4,831 68.7% ($2,202) Professional Services for the Environmental Control Board meetings lower than anticipated. 300 Clerk Of Circuit Court $988,668 $989,813 100.1% $1,145 400 Tax Collector $1,465,104 $3,434,582 234.4% $1,969,478 Commission charged on Ad Valorem collections, most collected by December. TC returns excess fees at year end. 500 Property Appraiser $2,849,099 $2,848,062 100.0% ($1,037) 600 Sheriff $45,913,885 $45,779,872 99.7% ($134,013) Utility costs lower than anticipated 700 Supervisor Of Elections $1,325,318 $1,325,150 100.0% ($168) Workers comp lower than anticipated 901 Circuit Court $108,311 $78,363 72.3% ($29,948) Expenditures based on reimbursement. 903 State Attorney $91,252 $83,264 91.2% ($7,988) Expenditures based on reimbursement. 904 Public Defender $3,309 $2,787 84.2% ($522) Expenditures based on reimbursement. 907 Medical Examiner $398,008 $398,008 100.0% $0 Scheduled monthly draws Grand Total $87,799,058 $83,775,297 95.4% 1 ($4,023,761) Quarterly Budget Report - Budget to Actual Expense Comparison FY 2016-2017 4th Qtr, Preliminary A RACr" r A Department Description BUDGET YTD Expenses Percentage of Annual Budget Difference Comments/ Notes 102 County Attorney $69,789 $880 1.3% ($68,909) Florida Municipal Power Agency (FIVIPA) legal expenses not expended. 104 North County Aquatic Center $839,151 $683,690 81.5% ($155,461) Capital expenditures budgeted but not yet incurred. 105 Gifford Aquatic Center $469,330 $306,548 65.3% ($162,782) Capital expenditures budgeted but not yet incurred. 108 Recreation $917,295 $870,008 94.8916 ($47,287) — 115 Intergenerational Facility $503,082 $397,636 79.0% ($105,446) Operating expenses lower than anticipated. 116 Ocean Rescue $865,955 $858,434 99.1% ($7,521) 161 Shooting Range Operations $752,631 — $583,212 77.5% ($169,419) d Cl Pro Shop anay Target expenses underhi idopt 199 Reserves $23,965,549 $23,678,060 98.8% ($287,489) Contingencies budgeted, but not expended. 204 Planning And Development $244,417 $235,306 96.3% 95.7% ($9,111) 205 County Planning $947,360 $906,480 ($40,880) 207 Environmental Plan/Code Enforci $492,096 $458,589 93.2% ($33,507) 210 Parks $165,266 $152,173 92.1% ($13,093) 214 Roads And Bridges $53,214 $18,468 34.7% ($34,746) Costs to demolish structures condemned by BCC vary and don't occur regularly throughout year. 234 Telecommunications $197,474 $167,612 84.9% ($29,862) 400 Tax Collector $80,000 $174,564 218.2% $94,564 Commission charged on Ad Valorem collections, most collected by December. TC returns excess ifees at year end. lGrand Total 1 $30,562,6091 $29,491,660 96.590 1 ($1,070,949)1 Quarterly Budget Report - Budget to Actual Expense Comparison FY 2016-2017 4th Qtr. Preliminary 111 - Transportation Fund Department Description BUDGET YTD Expenses Percentage of Annual Budget Difference Comments/ Notes 199 Reserves $1,117,625 $936,466 83.8% ($181,159) Contingencies budgeted, but not expended. 214 Roads And Bridges $8,136,231 $6,858,316 84.3°0 ($1,277,915) Employee turnover and capital projectsbudgeted but not yet incurred 243 Public Works $298,052 $291,130 97.7% ($6,922) 244 County Engineering $2,206,023 $1,993,036 90.3% ($212,987) Multiple position vacancies. 245 Traffic g Engineering g' $2,823,932 $2,293,089 81.29'0 ($530,843) Multiple position vacancies and signal enhancements not completed this year. 281 Stormwater $1,050,153 $807,301 76.9% ($242,852) Other Professional Services not yet expended Grand Total 1 $15,632,0161 $13,179,338 84.3% ($2,452,678) 114 Emereencv Services District Department Description BUDGET YTD Expenses Percentage of Annual Budget Difference Comments/ Notes Salaries $17,444,101 $17,123,975 98.2% ($320,126) Employee turnover Benefits $8,720,529 $8,249,959 94.6% ($470,570) Employee turnover and elected benefits contributing to the decrease. Operating $5,281,691 $4,753,096 90.0% ($528,595) Capital Outlay $4,416,821 $2,327,749 52.7% ($2,089,072) Capital expenditures and Station #7 renovations budgeted but not yet expended. Grants and Aids $13,822 $13,821 100.0% ($1) Other Uses $1,839,871 $927,926 50.4% ($911,945) Contingencies budgeted, but not expended. Grand Total 1 $37,716,8351 $33,396,526 88.5% 1 ($4,320,309) Grand Total - All Taxing Funds $171,710,518 $159,842,821 93.1% 1 ($11,867,697) 0 rn Financial Indicators Snapshot - Sept 2017 -prelim Report Revenues Gas Tax (Fund 109) Optional Sales Tax (Fund 315) Half Cent Sales Tax Traffic Impact Fees (Fund 102) Impact Fees (Fund 103) Tourist Tax Franchise Fees -TOTAL Recreat!on Revenues NCAC GAC Recreation IG Building P70fif!&TLoss Building Dept. Golf Course Fleet SWDD Shooting Range _0 O V Compared to Prior Year % Change Current Month % Change Year - to -Date 4.9% 2.1% 15.1% 14.0% 7.3% 3.0% 10.5% 4.2% 4- 1.4% -4.6% 4.8% 4.4% 7.4% 4.3% 7.6% -31.3% 167.1% -8.7% 83.2% -95.4% -7.6% -5.5% -6.6% 6.4% 0.7% -2.3% 4- 12.3% 14.1% 58.3% -11.9% -88.4% -33.6% 242.1% a lot! n/a -34.2% -37.9% -6.3% 113.0% -83.5% -19.1% -29.5% -26.9% Compared to Budget % Variance Current Month %Variance Year -to -Date 4.9% 2.1% 15.1% 14.0% 7.3% 3.0% 10.5% 42.5% 22.8% * 96.8% -4.6% 7.9% 7.6% 29.8% 167.1% = 14.8% 83.2% -21.8% -7.6% -3.3% Comments Represents collections through Aug 2017; increase of $66,797 from prior year YTD. Through Aug 2017 collections -trend is positive -YTD figures have exceeded prior year by $674,543 Year to date collections through Aug 2017 are above prior year by $356,352. Varies by month, however, significant annual decrease totaling ($372,719); compared to YTD budgeted figures, actuals are up $1,104,696. Varies by month, YTD figures down by($116,238) from last year. Compared to YTD budgetfigures, actuals are up $1,144,081. Tourist Taxes have exceeded the budget by $181,917; year to date revenues are $148,504 more than last year. Overall Franchise Tax revenue of $9,378,254 vs $9,554,633 in prior year. Year to date revenue of $270,684 in FY2016 vs. $308,959 in FY2017. Year to date revenue of $69,933 in FY 2016 vs. 61,637 in FY2017. Many revenue accounts shifted from Recreation to IG Building in FY2017 budget. Combined Recreation and IG Building YTD revenue of $135,431 in FY2016 vs. $312,770 in FY2017. Many revenue accounts shifted from Recreation to IG Building in FY2017 budget. Combined Recreation and IG Building YTD revenue of $135,431 in FY2016 vs. $312,770 in FY2017. Profit of $445,355 through 4th quarter vs $676,805 during the same period last year Total Rounds are up 4,906 or 5.4% YTD. Net income of $641,699 vs $684,930 from last year Fleet YTD net income of $15,574 vs $94,293 from last year SWDD YTD net income of $724,237 vs $2,394,272 from last year Shooting Range YTD net income of ($224,108) vs ($176,555) from last ear FY 2016/2017 BUDGET RECONCILIATION October 1, 2016 to September 30, 2017 Budget Approved Budget as of October 1, 2016 55,170 $ - 308,029,307 Fund Item Description 2,031,571 Budget Amendment Grants Received Facilities Maint/Other Contractual Services 2,350 001 General Fund/EMPG 77,343 4 001 General Fund/EMPA 41,636 4 001 General Fund/5339 Grant 196,717 9& 13 001 General Fund/5311 Grant 66,583 9 001 General Fund/5305 Grant 30,000 16 001 General Fund/5307 Grant 2,958,687 9 & 24 001 General Fund/SCAAP Grant 48,984 20 108 Section 8/HUD Section 8 Grant 343,044 9 109 Secondary Roads/SCOP Grant 4,212,379 12 114 Emergency Services DistricUFEMA FF Assistance Grant 942,500 5 114 Emergency Services District/County Awards Program 21,867 4 120 911 Surcharge Fund/911 Special Disbursements 52,200 19 128 Beach Restoration/Sea Turtle Grant 1,000 17 136 HUD Grant Renewals/HMIS-CoC 849,564 14 315 Optional Sales Tax/LAP Grant - 8th Street Sidewalk 95,000 17 315 Optional Sales Tax/FWC Grant/Hunter Education Classroom 144,000 9 6 114 10,081,504 28,070 Projects Carried Forward from FY 2015116 001 Parks/Automotive 55,170 1 001 General Fund/Fund CIE -Rollover 2,031,571 6 001 Facilities Maint/Other Contractual Services 2,350 1 001 Facilities Maint/Maint-Air Conditioning 13,701 1 001 Facilities Maint/Automotive 28,044 1 004 Road & Bridge/Other Contractual Services 18,214 12 004 Shooting Range/Maint-Office Equipment 25 1 004 Shooting Range/Other Operating Supplies 5,526 1 102 Traffic Impact Fees/Fund CIE -Rollover 1,659,283 6 103 Impact Fees/Fund CIE -Rollover 1,169,861 6 109 Secondary Roads/Fund CIE -Rollover 4,798,182 6 109 Secondary Roads/Computer Software (035120) 6,200 1 109 Secondary Roads/Computer Software (068003) 8,300 1 111 Transportation Fund/Fund CIE -Rollover 150,000 6 111 Road & Bridge/Automotive 19,586 1 111 Road & Bridge/Other Machinery & Equipment 3,710 1 111 Traffic Engineering/Maint-Heavy Equipment 18,085 1 111 Traffic Engineering/Uniforms 64 1 114 Emergency Services District/Fund CIE -Rollover 1,249,580 6 114 Fire Rescue/Other Professional Services/Station 15 28,070 1 114 Fire Rescue/Automotive 747,839 1 123 SHIP/Fund CIE -Rollover 9,448 6 124 MPO/Fund CIE -Rollover 1,248,704 6 128 Beach Restoration Fund/Fund CIE -Rollover 5,169 6 129 NSP Grant/Fund CIE -Rollover 62,343 6 133 FL Boating/Fund CIE -Rollover 170,604 6 134 Library Bequest/Fund CIE -Rollover 2,830 6 136 Fed/State Grants/HUD/Fund CIE -Rollover -110,981 6 140 Court Facilities/Fund CIE -Rollover 221,561 6 & 12 140 Court Facilities/Metal Detectors 5,000 5 171 East Gifford Stormwater/Fund CIE -Rollover 19,000 6 181 Gifford Streetlights/Fund CIE -Rollover 50,000 6 P108 Fund 315 315 315 315 315 411 418 441 471 471 471 471 471 471 471 471 505 Item Description Optional Sales Tax/Fund CIE -Rollover Optional Sales Tax/Emergency Services/Automotive Optional Sales Tax/Road & Bridge/66th Ave -60th to 49th St. Optional Sales Tax/Road & Bridge/8th St Sidewalk Optional Sales Tax/Facilities Maint/Other Improvements Ex Bldg CC & Recycling/Other Road Materials/Supplies Golf Maint/Golf Renewal & Replacement Building Department/Other Contractual Services Waste Water/Sewage Plant Maint General & Engineering/Misc Water R&R General & Engineering/49th St Water Main Replacement General & Engineering/Hobart Generator Repair Customer Service/Other Operating Supplies Wastewater Collection/Maint Heavy Equipment Wastewater Collection/Utility R&R Osprey Marsh/Renewal & Replacement Computer Services/Computer Software Donations/Contributions 004 Parks Conservation/Gopher Tortoise Habitat FFWC P.O. 114 Emergency Services District/FP&L Contribution 128 Beach Restoration/Donations Unbudgeted Items 001 General Fund/Hurricane Matthew 001 General Fund/Transfer-Tax Collector 001 General Fund/Community Transportation Coordinator 001 General F u nd[T ransfer- Property Appraiser 001 General Fund/Medical Examiner 001 General Fund/Mailroom/Telephone 001 General Fund/Sheriff/Hurricane Irma 001 General Fund/Sheriff/Sex Offender Registration Fees 004 MSTU Fund/Hurricane Matthew 004 MSTU Fund/IG Revenue 102 Traffic Impact Fees/43rd Ave & SR60 102 Traffic Impact Fees/Unconditional Offer - Jenkins Estate 103 Impact Fees/North County Offices Expansion 108 Section 8/Moving & Miscellaneous Expenses 109 Secondary Roads/Hurricane Matthew 111 Transportation Fund/Hurricane Matthew 111 Transportation Fund/Stormwater 111 Transportation Fund/Public Works/Esri ArcGIS Server 112 Special Law Enforcement Trust Fund/Sheriff-Law Enforcement 114 Emergency Services District/Assistant Fire Chief 114 Emergency Services District/Transfer-Property Appraiser 114 Emergency Services District/Microsoft Enterprise Agreement 114 Emergency Services District/Hurricane Matthew 114 Emergency Services District/Equip Station # 14 117 Tree Ordinance Fund/Other Professional Services 120 911 Surcharge Fund/Microsoft Enterprise Agreement 120 911 Surcharge Fund/Hurricane Matthew 126 MACE/Sheriff/Law Enforcement 128 Beach Restoration/Hurricane Matthew Bonus 128 Beach Restoration/Hurricane Matthew 130 NSP 3/Inter-Dept Charges 181 Gifford StreetlightingfTransfer-Property Appraiser 16,784,884 1,013,002 17,227 12,400 645,869 6,275 350 119,735 27,598 1,119 6,385 20,791 2,635 3,798 900 4,177 3,825 32,368,009 14,000 90,000 915 104,915 148,235 120,000 224,608 36,967 27,017 20,000 500,000 19,300 33,180 96,600 1,964,053 749,249 570,000 86,266 109 469,461 19,000 7,660 113,250 45,184 4,955 98,655 120,644 35,600 100,000 28,693 3,411 39,118 216 253,052 5,000 24 Budget Amendment 6 1 1 1 1 1 1 13 1 1 1 1 1 1 1 1 1 4 17 23 11 & 17 9 13&22 13 23 23 24 24 11 & 17 22 12 4&13 24 11 17 11,17 & 23 22 23 10 & 13 13 13 4 11 & 17 22 9 4 17 2 ,13,22,23 3 11 22 9 P109 Fund Item Description Budget Amendment 182 Laurelwood Streetlighting/Transfer-Property Appraiser 4 9 183 Rockridge Streetlighting/Transfer-Property Appraiser 4 9 184 Vero Highlands Streetlighting/Transfer-Property Appraiser 25 9 185 Vero Lake Estates Streetlighti ng/Transfer- Property Appraiser 50 9 190 Vero Shores Streetl ig hti ng/Transfer- Property Appraiser 2 9 191 Ixora Park StreetlightingfTransfer-Property Appraiser 4 9 192 Royal Poinciana Streetlighting/Transfer-Property Appraiser 4 9 193 Roseland Road StreetlightingfTransfer-Property Appraiser 7 9 195 Moorings StreetlightingfTransfer-Property Appraiser 13 9 199 West Wabasso Streetlighting/Transfer-Property Appraiser 5 9 245 Land Acquisition Bond/Transfer-Property Appraiser 2,299 9& 13 315 Optional Sales Tax/Courthouse Judge Security 399,625 10 315 Optional Sales Tax/Law Enforcement 70,719 2 315 Optional Sales Tax/Sheriffs Locking mechanism project 20,000 17 315 Optional Sales Tax/Replacement Generator & Windows 135,720 3 315 Optional Sales Tax/Sheriffs Hangar Project 530,000 13 315 Optional Sales Tax/Fire Rescue/Fire Station # 14 328,602 22 315 Optional Sales Tax/Road Projects 121,965 23 315 Optional Sales Tax/North County Offices Expansion 2,480,000 24 411 SWDD/Transfer-Property Appraiser 2,827 9 & 13 411 SWDD/Hurricane Matthew Bonus 216 3 411 SWDD/Hurricane Matthew 1,206,896 11 & 17 411 SWDD/Landfill Closure Costs 500,000 24 418 Sandridge Golf Course/Hurricane Matthew 7,554 11 418 Golf Course/Hurricane Matthew Bonus 432 3 441 County Building/Microsoft Enterprise Agreement 90,392 4 441 County Building/Hurricane Matthew 6,678 17 441 County Building/Esri ArcGIS Server 3,191 22 471 Utilities/Unemployment 320 9 471 Utilities/Microsoft Enterprise Agreement 120,523 4 471 Utilities/Hurricane Matthew Bonus 1,942 3 471 Utilities/On-Call Policy 19,313 4 471 Utilities/Jones Estate 25,500 4 471 Utilities/West Wastewater Treatment Facility 29,900 13 471 Utilities/Sampling of Incoming Waste 40,000 15 471 Utilities/Hurricane Matthew 152,795 11 & 17 471 Utilities/General & Engineering/Esri ArcGIS Server 24,575 22 501 Fleet/Hurricane Matthew 2,379 17 501 Fleet/Hurricane Matthew Bonus 216 3 502 Self Insurance/Hurricane Matthew 241 17 502 Self Insurance/Hurricane Matthew Bonus 216 3 505 IT/Hurricane Matthew Bonus 8,501 3 505 IT/Microsoft Enterprise Agreement 175,698 4 505 IT/Hurricane Matthew 9,597 11 & 17 12,458,457 Total - All Amendments 55,012,885 Total Budget as of Sept 30, 2017 preliminary 363,042,191 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Attorney's Matters -B.C.C. 11-21-2017 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners n� FROM: Dylan Reingold, County Attorney DATE: November 6, 2017 SUBJECT: Indian River County Committees — Member Reappointments BACKGROUND. ATTORNEY /3 On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which appointed the County Attorney's Office to monitor member terms of certain committees. Specifically, the resolution requires that (1) on approximately October 15 of each year, the County Attorney's Office shall contact all board appointed committee members whose terms will expire in the following January, and determine whether those members want to be considered for reappointment, and (2) at the last Board meeting in November of each year, the County Attorney's Office shall present to the Board a list of all committee members requesting reappointment — at which time the Board will reappoint members from the list as it deems appropriate. Thereafter, on approximately December 1 st of each year, a list of committee vacancies will be created and posted on the County website, and the Board will make appointments to fill the vacancies no later than the following January 15th The County Attorney's Office has contacted committee members whose term will expire in January 2018. Attached to this memorandum is a list of those members who have requested reappointment. The Board should now review the list and make such reappointments as it deems appropriate. It should be noted that in addition to those committee members not seeking reappointment, there are many existing vacancies. A list of the anticipated vacancies is attached for informational purposes. F. itorneylChristinolCO]AY17TEES1GeneralMattetsOCCAgendaMenrasli71!06Reappointments-midNovmigdowg Pill Board of County Commissioners November 6, 2017 Page Two RECOMMENDATION. The County Attorney recommends that the Board consider the attached list of committee members requesting reappointment, and reappoint such members as the Board deems appropriate. ATTACHMENT(S). 1. List of Committee Members Requesting Reappointment 2. List of Anticipated Committee Vacancies (Informational Purposes Only) DTR:cm F. +Anorne), ChristinalCO.bf! f/TTEESIGenera! MattersWCC Agendahfemosl t 71106 Reappoinrmews-mid Nov mtg. dorx P112 COMMITTEE MEMBER TERM RENEWAL FOR 2018 Committee Members who terms were due to expire in January 2018, and wish to have their term renewed. 1. AFFORDABLE HOUSING ADVISORY COMMITTEE 2 Year Terms — No Residency Requirement o Mary Cone — Actively engaged in bank or mortgage industry o Linda Morgan — Citizen residing within jurisdiction of local governing body making the appointments o Mark Seeberg — Real Estate professional o David Washington — Essential services personnel 2. AGRICULTURAL ADVISORY COMMITTEE 2 Year Terms — County Residency Requirement o Robert Adair, Jr. — Associated Industry o Ruben Koch — Irrigation Industry 3. BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE 2 Year Terms — County Residency Requirement — o Bob Anderson - BCC Appointee o Christian Hendricks - BCC Appointee o Francisco J. San Miguel - BCC Appointee 4. CODE ENFORCEMENT BOARD 3 Year Terms — County Residency Requirement o Joseph Petrulak — Subcontractor o Karl L. Zimmerman — Realtor 6. CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS 3 Year (Staggered) Terms — No Residency Requirement o Roy H. Lambert, Jr. — Architect 10. PUBLIC SAFETY COORDINATING COUNCIL 4 Year Terms — No Residency Requirement o Suzanne Caudell — Comprehensive Offender Rehab & Education Program P113 COMMITTEE MEMBERS WHO RESIGNED, DECLINED TO RENEW TERM FOR 2018 & EXISTING VACANCIES Committee Members who terms were due to expire in January 2018, and do not wish to have their term renewed, or resigned, and existing vacancies • AFFORDABLE HOUSING ADVISORY COMMITTEE — 2 year term, unless otherwise noted o Citizen actively engaged in residential home building industry in connection with affordable housing - (existing vacancy) o Citizen who represents employers within the jurisdiction - (existing vacancy) • AGRICULTURAL ADVISORY COMMITTEE - 2 year term, unless otherwise noted o Vegetable Industry — 9/29/17: Louis C. Schacht decided not to be renewed o Citrus Industry - (existing vacancy) • CODE ENFORCEMENT BOARD — 3 year term, unless otherwise noted o Architect - (existing vacancy) • CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS — 3 year term, unless otherwise noted o Code Administrator (flea Mechanical Contactor) — 9/29/17: Duane M. Weise decided not to be renewed o Fire Safety Inspector (fka Plumbing Contractor) - (existing vacancy) • PUBLIC SAFETY COORDINATING COUNCIL — 4 year term, unless otherwise noted o Representative from county/state jobs program or other community groups who work with offenders and victims - (existing vacancy) I P114 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney County A ttorney's Matteis - B.C.C. 11. 21.17 Of ce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorney DATE: November 15, 2017 SUBJECT: Amendment to Hobart Tower Lease ATTORNEY 1313 BACKGROUND: In 2008, Indian River County ("County") entered into a license agreement ("Original Agreement") with Global Tower Assets, LLC ("Global Assets"). The Original Agreement called for the County to lease a certain portion of Hobart Park to Global Assets so it could construct a communications tower. The Original Agreement was for a ten year term with the option to extend for 4 additional extensions of five years. GTP Towers I, LLC, the successor entity to Global Assets, contacted the County earlier this year requesting an amendment to the Original Agreement in exchange for a $10,000 signing bonus. The pertinent terms of the proposed amendment are: • Except as modified by the amendment, the provisions of the Original Agreement remain in full force and effect and are hereby ratified and affirmed; • GTP Towers I, LLC, accepts the extension in the Original Agreement of 20 years and accepts another extension of up to 15 years. This would make the underlying license agreement expire in 2053; • The County promises to give GTP Towers 1, LLC, the right of first refusal if it desires or receives an offer for the sale of the licensed property from a third party competitor of GTP Towers I, LLC; and • The County admits it has the authority to enter into the amendment to the license agreement. RECOMMENDATION: The County Attorney's Office recommends that the Board authorize Jason Brown, County Administrator for Indian River County, to execute the amendment to the Original Agreement with GTP Towers I, LLC, and the corresponding W-9. ATTACHMENT(S). First Amendment to the License Agreement for Hobart Tower. P115 THE FIRST AMENDMENT TO LICENSE AGREEMENT This First Amendment to License Agreement (this "Amendment") is made effective as of the latter signature date hereof (the "Effective Date") by and between Indian River County, FL ("Landlord") and GTP Towers I, LLC, a Delaware limited liability company ("Tenant") (Landlord and Tenant being collectively referred to herein as the "Parties"). RECITALS WHEREAS, Landlord owns the real property described on Exhibit A attached hereto and by this reference made a part hereof (the "Parent Parcel"); and WHEREAS, Landlord (or its predecessor -in -interest) and Tenant (or its predecessor -in -interest) entered into that certain License Agreement dated November 4, 2008 (as the same may have been amended from time to time, collectively, the "License"), pursuant to which the Tenant licenses a portion of the Parent Parcel and is the beneficiary of certain easements for access and public utilities and, if applicable, easements for guy wires and guy anchors, all as more particularly described in the License (such portion of the Parent Parcel so licensed along with such portion of the Parent Parcel so affected, collectively, the "Licensed Premises"), which Licensed Premises are also described on Exhibit A; and WHEREAS, Landlord and Tenant desire to amend the terms of the License to extend the term thereof and to otherwise modify the License as expressly provided herein. NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: One -Time Payment. Tenant shall pay to Landlord a one-time payment in the amount of Ten Thousand and No/100 Dollars ($10,000.00), payable within thirty (30) days of the Effective Date and subject to the following conditions precedent: (a) Tenant's receipt of this Amendment executed by Landlord, on or before November 30, 2017; (b) Tenant's confirmation that Landlord's statements as further set forth in this Amendment are true, accurate, and complete, including verification of Landlord's ownership; (c) Tenant's receipt of any documents and other items reasonably requested by Tenant in order to effectuate the transaction and payment contemplated herein; and (d) receipt by Tenant of an original Memorandum (as defined herein) executed by Landlord. License Term Extended. Notwithstanding anything to the contrary contained in the License or this Amendment, the Parties agree the License originally commenced on November 18, 2008 and, without giving effect to the terms of this Amendment but assuming the exercise by Tenant of all remaining renewal options contained in the License (each an "Existing Renewal Term" and, collectively, the "Existing Renewal Terms"), the License is otherwise scheduled to expire on November 17, 2038. In addition to any Existing Renewal Term(s), the License is hereby amended to provide Tenant with the option to extend the License for each of three (3) additional five (5) year renewal terms (each a "New Renewal Term" and, collectively, the "New Renewal Terms"). Notwithstanding anything to the contrary contained in the License, (a) all Existing Renewal Terms and New Renewal Terms shall automatically renew unless Tenant notifies Landlord that Tenant elects not to renew the License at least sixty (60) days prior to the commencement of the next Renewal Term (as defined below) and (b) Landlord shall be able to terminate this License only in the event of a material default by Tenant, which default is not cured within sixty (60) days of Tenant's receipt of written notice thereof, provided, however, in the event that Tenant has diligently commenced to cure a material default within sixty (60) days of Tenant's actual receipt of notice thereof and reasonably requires additional time beyond the sixty (60) day cure period described herein to effect such cure, Tenant shall have such additional time as is necessary (beyond the sixty [60] day cure period) to effect the cure. References in this Amendment to Site No: 370764 Site Name: Vero Beach Ring, FL //6 "Renewal Term" shall refer, collectively, to the Existing Renewal Term(s) and the New Renewal Term(s). The Landlord hereby agrees to execute and return to Tenant an original Memorandum of License in the form and of the substance attached hereto as Exhibit B and by this reference made a part hereof (the "Memorandum") executed by Landlord, together with any applicable forms needed to record the Memorandum, which forms shall be supplied by Tenant to Landlord. 3. Rent and Escalation. The Parties hereby acknowledge and agree that all applicable increases and escalations to the rental payments under the License (the "Rent") shall continue in full force and effect through the New Renewal Term(s). Notwithstanding anything to the contrary contained in the License, all Rent and any other payments expressly required to be paid by Tenant to Landlord under the License and this Amendment shall be paid to Indian River County. 4. Landlord and Tenant Acknowledgments. Except as modified herein, the License and all provisions contained therein remain in full force and effect and are hereby ratified and affirmed. Landlord Statements. Landlord hereby represents and warrants to Tenant that: (i) to the extent applicable, Landlord is duly organized, validly existing, and in good standing in the jurisdiction in which Landlord was organized, formed, or incorporated, as applicable, and is otherwise in good standing and authorized to transact business in each other jurisdiction in which such qualifications are required; (ii) Landlord has the full power and authority to enter into and perform its obligations under this Amendment, and, to the extent applicable, the person(s) executing this Amendment on behalf of Landlord, have the authority to enter into and deliver this Amendment on behalf of Landlord; (iii) no consent, authorization, order, or approval of, or filing or registration with, any governmental authority or other person or entity is required for the execution and delivery by Landlord of this Amendment; (iv) Landlord is the sole owner of the Licensed Premises and all other portions of the Parent Parcel; and (v) there are no agreements, liens, encumbrances, claims, claims of lien, proceedings, or other matters (whether filed or recorded in the applicable public records or not) related to, encumbering, asserted against, threatened against, and/or pending with respect to the Licensed Premises or any other portion of the Parent Parcel which do or could (now or any time in the future) adversely impact, limit, and/or impair Tenant's rights under the License, as amended and modified by this Amendment. The representations and warranties of Landlord made in this Section shall survive the execution and delivery of this Amendment. Landlord hereby does and agrees to indemnify Tenant for any damages, losses, costs, fees, expenses, or charges of any kind sustained or incurred by Tenant as a result of the breach of the representations and warranties made herein or if any of the representations and warranties made herein prove to be untrue. The aforementioned indemnification shall survive the execution and delivery of this Amendment. 6. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: 180127th Street, Vero Beach, FL 32960; to Tenant at: Attn: Land Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn Legal Dept., 116 Huntington Avenue, Boston, MA 02116. Any of the Parties, by thirty (30) days prior written notice to the others in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice. 7. Counterparts. This Amendment may be executed in several counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument, even though all Parties are not signatories to the original or the Site No: 370764 Site Name: Vero Beach Ring, FL 117 same counterpart. Furthermore, the Parties may execute and deliver this Amendment by electronic means such as .pdf or similar format. Each of the Parties agrees that the delivery of the Amendment by electronic means will have the same force and effect as delivery of original signatures and that each of the Parties may use such electronic signatures as evidence of the execution and delivery of the Amendment by all Parties to the same extent as an original signature. 8. Governing Law. Notwithstanding anything to the contrary contained in the License and in this Amendment, the License and this Amendment shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Licensed Premises is situated, without regard to the conflicts of laws provisions of such State or Commonwealth. 9. Waiver. Notwithstanding anything to the contrary contained herein, in no event shall Landlord or Tenant be liable to the other for, and Landlord and Tenant hereby waive, to the fullest extent permitted under applicable law, the right to recover incidental, consequential (including, without limitation, lost profits, loss of use or loss of business opportunity), punitive, exemplary and similar damages. [SIGNATURES COMMENCE ON FOLLOWING PAGE] Site No: 370764 Site Name: Vero Beach Ring, FL i/8 LANDLORD: Indian River County, FL Signature:_ Print Name: Title: Date: [SIGNATURES CONTINUE ON FOLLOWING PAGE] 764 FL //Y TENANT: GTP Towers I, LLC a Delaware limited liability company Signature: _ Print Name: Title: Date: Site No: 370764 Site Name: Vero Beach Ring, FL !Zej EXHIBIT A This Exhibit may be replaced at Tenant's option as described below PARENT PARCEL Tenant shall have the right to replace this description with a description obtained from Landlord's deed (or deeds) that include the land area encompassed by the License and Tenant's improvements thereon The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Licensed Premises is a part thereof with such Parent Parcel being described below. Being situated in the County of Indian River, State of Florida, and being known as Indian River County APN: 32-39-04-00000-3000-00001.0 AND BEING a portion of the same property conveyed to Board of County Commissioners of Indian River County, a political subdhision of the State of Florida from Trustees of the Internal Impro-v went Fund of the State of Florida by Warranty Deed dated March 07, 1967 and recorded March 22, 1967 in Deed Book 251, Page 265. Tax Parcel No. 32-39-44.00000-3000-00001.0 Site No: 370764 Site Name: Vero Beach Ring, FL I Z I EXHIBIT A (Continued) LICENSED PREMISES Tenant shall have the right to replace this description with a description obtained from the License or from a description obtained from an as -built survey conducted by Tenant. The Licensed Premises consists of that portion of the Parent Parcel as defined in the License which shall include access and utilities easements and, if applicable, easements for guy wires and anchors existing at the time of this Amendment (such guy wire and anchor easements shall be 10 feet on either side of existing guy wires and running 20 feet beyond each guy anchor and may be used by Tenant to access, repair, upgrade, maintain and replace such guy wires, anchors and fencing by Tenant). The square footage of the Licensed Premises shall be the greater of: (i) the land area conveyed to Tenant in the License; (ii) Tenant's (and Tenant's customers) existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any). A portion of the South line one Half of the Southwest One Quarter of Section 33, Township 31 South, Range 39 East, being ruore particularly described as follows: Commence at the Soutlncest comer of said .Section 33; thence South 901 00' 00" East, along the South line of said Section 33, a distance of 1087.65 feet, thence departing said South litre, North 00° 00' 14" West, a distance. of 1168.49 feet to the POINT OF BEGINNING; thence North 10° 00' 22" East, a distance of 30.00 feet; thence South 790,591 38" East, a distance of 328.16 feet; thence North 390 59' 39" East, a distance of 328.16 feet, thence South 50° 00' 21" East, a distance of 30.00 feet; thence South 39° 59139" West, a distance of 328.16 feet; thence South 20° 01'09" East, a distance of 328.16 feet; thence South 59° 58'5 1" West, a distance of 30.00 feet; thence North 20" 01'09" West, a distance of 328.17 feet; thence North 790 59'38" West, a distance of 328.17 feet to the POINT OF BEGINNING. Containing 0.6869 acres or 29924 square feet, more or less. AND BEING a portion of the same property conveyed to Board of County Commissioners of Indian River County, a political subdi%rision of the State of Florida from Trustees of the Interval lrnprovemem Fund of the State of Florida by Warranty Deed dated March 07, 1967 and recorded Match 22,1967 in Deed Book 251, Page 265. Tag Parcel No. 32-39-04-00000-3000-00001.0 Site No: 370764 Site Name: Vero Beach Ring, FL i 2 2- EXHIBIT A (Continued) ACCESS AND UTILITIES The access and utility easements include that portion of the Parent Parcel currently utilized by Tenant (and Tenant's customers) for ingress, egress and utility purposes from the Licensed Premises to and from a public right of way including but not limited to: A portion of the South One Half of the Southwest one Quarter of Section 33, Township 31 South, Range 39 East, being more particularly described as follows: Commence at the Southwest corner of said Section 33; thence South '90' 00'00" East, along the South line of said Section 33, a distance of 1407.28 feet; thence departing said South line, North 180 08'45" Wcst, a distance of 42.09 feet to the North right of way line of Hobart Road (77th Street) and the POINT OF BEGINNING; thence continue North 180 08'45" West, a distance of 956.23 feet; thence North 511 O1' 13" East, a distance of 293.00 feet; thence South 59° 36' 18" East,, a distance of 48.40 feet; thence North 67" 43'04" East, a distance of 20.00 feet; thence South 220 16' 56" East, a distance of 20.00 feet; thence South 670 43' 04" West, a distance of 29.90 feet; thence North 590 36' 18" West, a distance of 44.46 feet; thence South 510 01' 13" West, a distance of 265.37 feet; thence South 18108'45" East, a distance of 949.00 feet to the aforesaid North right of way line of Hobart Road (77th Street); thence North 90° 00' 00" West, along said North right of way line, a distance of 21.05 feet to the POINT OF BEGINNING. Containing 0.5983 acres or 26063 square feet, more or less_ UTILITY A portion of the South one Half of the Southwest one Quarter of Section 33, Torsaship 31 South, Range 39 East, being more particularly described as follows: Commence at the Southwest comer of said Section 33; thence South 90° 00' 00" East, along the South line of said Section 33, a distance of 1388.07 feet; thence departing said Soutar line, North 000 00' 14" Nest, a distance of 1193.82 feet to the PONT OF BEGMNNG; thence North 10° 22'05" gest, a distance of 154.58 feet thence North 79' 3T 55" East, a distance of 8.00 feet: thence South 10° 22'05" East a distance of 152.86 feet} thence South 670 37 34" Rrest, a distance of 8.18 feet to the PONT OF BE.Gi IN— ING_ Containing 0.0282 acres or 1229 square feet, more or less. Site No: 370764 Site Name: Vero Beach Ring, FL 123 10:1 199.3 FORM OF MEMORANDUM OF LICENSE Site No: 370764 Name: Vero Beach Ring, FL Prepared by and Return to: American Tower 10 Presidential Way Woburn, MA 01801 Prior Recorded License Reference: Attn: Land Management/Christopher Flammer, Esq. ATC Site No: 370764 Book 2390, Page 1953 ATC Site Name: Vero Beach Ring, FL State of Florida Assessor's Parcel No(s): 31-39-33-00000-5000-00003-0 County of Indian River MEMORANDUM OF LICENSE This Memorandum of License (the "Memorandum") is entered into on the day of , 201_ by and between Indian River County, FL ("Landlord") and GTP Towers I, LLC, a Delaware limited liability company ("Tenant"). NOTICE is hereby given of the License (as defined and described below) for the purpose of recording and giving notice of the existence of said License. To the extent that notice of such License has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s). Parent Parcel and License. Landlord is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof (the "Parent Parcel"). Landlord (or its predecessor -in -interest) and Tenant (or its predecessor -in -interest) entered into that certain License Agreement dated November 4, 2008 (as the same may have been amended from time to time, collectively, the "License"), pursuant to which the Tenant licenses a portion of the Parent Parcel and is the beneficiary ofcertain easements for access and public utilities and, if applicable, easements for guy wires and guy anchors, all as more particularly described in the License (such portion of the Parent Parcel so licensed along with such portion of the Parent Parcel so affected, collectively, the "Licensed Premises"), which Licensed Premises is also described on Exhibit A. 2. Expiration Date. Subject to the terms, provisions, and conditions of the License, and assuming the exercise by Tenant of all renewal options contained in the License, the final expiration date of the License would be November 17, 2053. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any option to renew the term of the License. 3. Licensed Premises Description. Tenant shall have the right, exercisable by Tenant at any time during the original or renewal terms of the License, to cause an as -built survey of the Licensed Premises to be prepared and, thereafter, to replace, in whole or in part, the description(s) of the Licensed Premises set forth on Exhibit A with a legal description or legal descriptions based upon such as -built survey. Upon Tenant's request, Landlord shall execute and deliver any documents reasonably necessary to effectuate such replacement, including, without limitation, amendments to this Memorandum and to the License. Site No: 370764 Site Name: Vero Beach Ring, FL 12.5 4. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and conditions contained in the License. In the event of a conflict between this Memorandum and the License, the License shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This right shall terminate upon recording of this Memorandum. 5. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: 180127th Street, Vero Beach, FL 32960; to Tenant at: Attn: Land Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn Legal Dept., 116 Huntington Avenue, Boston, MA 02116. Any of the parties hereto, by thirty (30) days prior written notice to the other in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice. 6. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 7. Governing Law. This Memorandum shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Licensed Premises is situated, without regard to the conflicts of laws provisions of such State or Commonwealth. [SIGNATURES COMMENCE ON FOLLOWING PAGE] Site No: 370764 Site Name: Vero Beach Ring, FL 1 Zl IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day and year set forth below. LANDLORD Indian River County, FL Signature: Print Name: Title: Date: State/Commonwealth of County of 2 WITNESSES Signature: _ Print Name: Signature: _ Print Name: WITNESS AND ACKNOWLEDGEMENT On this day of , 201. before me, the undersigned Notary Public, personally appeared who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: [SEAL] [SIGNATURES CONTINUE ON FOLLOWING PAGE] Site No: 370764 Site Name: Vero Beach Ring, FL %Z7 TENANT GTP Towers I, LLC a Delaware limited liability company Signature: _ Print Name: Title: Date: Commonwealth of Massachusetts County of Middlesex WITNESS Signature:_ Print Name: Signature:_ Print Name: WITNESS AND ACKNOWLEDGEMENT On this day of , 201_, before me, the undersigned Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: [SEAL] Site No: 370764 Site Name: Vero Beach Ring, FL EXHIBIT A This Exhibit may be replaced at Tenant's option as described below PARENT PARCEL Tenant shall have the right to replace this description with a description obtained from Landlord's deed (or deeds) that include the land area encompassed by the License and Tenant's improvements thereon The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Licensed Premises is a part thereof with such Parent Parcel being described below. Being situated in the County of Indian River, State of Florida, and being known as Indian River County APN: 32-39-04-00000-3000-00001.0 AND BEING a portion of the same property conveyed to Board of County Commissioners of Indian River County, a political sub&ision of the State of Florida from Trustees of the Internal In4wovement Fund of the State of Florida by Warranty Deed dated March 07, 1967 and recorded March 22, 1967 in Deed Book 251, Page 265. Tax Parcel No. 32-39-04-00000-3000-00001.0 Site No: 370764 Site Name: Vero Beach Ring, FL %Z5 EXHIBIT A (Continued) LICENSED PREMISES Tenant shall have the right to replace this description with a description obtained from the License or from a description obtained from an as -built survey conducted by Tenant. The Licensed Premises consists of that portion of the Parent Parcel as defined in the License which shall include access and utilities easements and, if applicable, easements for guy wires and anchors existing at the time of this Amendment (such guy wire and anchor easements shall be 10 feet on either side of existing guy wires and running 20 feet beyond each guy anchor and may be used by Tenant to access, repair, upgrade, maintain and replace such guy wires, anchors and fencing by Tenant). The square footage of the Licensed Premises shall be the greater of: (i) the land area conveyed to Tenant in the License; (ii) Tenant's (and Tenant's customers) existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any). A portion of the South line one Half of the Southwest One. Quarter of Section 33, Township 31 South, Range 39 East, being more particularly descnibed as follows; Corntnence at the Southwest corner of said Section 33; thence South 901 00` 00" East, along the South line of said. Section 33, a distance of 1087.65 feet; thence departing said South kite, North 00° 00' 14" West, a dunce. of 1168.49 feet to the POINT OF BEGINNING; thence Forth 10° 00' 22" East, a distance of 30.00 feet; thence South 790 59' 38" East, a distance of 328.16 feet; thence Forth 39° 59139" East, a distance of 328.16 feet; thence South 50° 00' 21" East, a distance of 30.00 feet; thence South 39° 59'39" West, a distance of 328.16 feet; thence South 20° 01'09" East, a distance of 328.16 feet; thence South 59° 58' 51" West, a distance of 30.00 feet; thence North 200 01'09" West, a distance of 328.17 feet; thence .North 79° 59'38" West, a distance of 328.17 feet to the POINT OF BEGINNING. Containing 0.6869 acres or 29924 square feet, more or less. AND BEING a portion of the same property conveyed to Board of County Commissioners of Indian .River County, a political subdivision of the State of Florida from 'Trustees of the internal Improvement Find of the State of Florida by Warranty Deed dated March 07, 1967 and recorded March 22, 1967 in Deed Book 251, Page 265. Tax Parcel No. 32-39-04-00000-3000-00001.0 Site No: 370764 Site Name: Vero Beach Ring, FL EXHIBIT A (Continued) ACCESS AND UTILITIES The access and utility easements include that portion of the Parent Parcel currently utilized by Tenant (and Tenant's customers) for ingress, egress and utility purposes from the Licensed Premises to and from a public right of way including but not limited to: A portion of the South One Half of the Southwest one Quarter of Section 33, Township 31 South, Range 39 East, being more particularly described as follows: Commence at the Southwest corner of said Section 33; thence South 906 00` 00" East, along the South line of said Section 33, a distance of 1407.28 feet; thence departing said South line, North 180 08'45" West, a distance of 42.09 feet to the North right of way line of Hobart Road (77th Street) and the. POINT OF BEGINNING; thence continue, North 18" 08'45" West, a distance of 956.23 feet; thence North 51'0 01' 13" East, a distance of 293.00 fbet; thence South 590 36' 18" East, a distance of 48.40 feet; thence North 676 43'04" East, a distance of 20.00 fest; thence South 220 16' 56" East, a distance of 20.00 feet; thence South 67° 43' 04" West, a distance of 29.90 feet; thence North 590 36' 18" West, a distance of 44.46 feet; thence South 510 01' 13" Wcst, a distance of 265.37 fest; thence South 18° 08'45" East, a distance of 949.00 feet to the aforesaid North right of way line of Hobart Road (77th Strut); thence North 901 00' 00" West, along said North right of way line, a distance of 21.05 feet to the POINT OF BEGINNING. Containing 0.5983 acres or 26063 square feet, more or less. UTILITY A portion of the South one Half of the Southwest one Quarter of Section 33, Township 31 South. 'Range 39 East, being more particularly described as follows: Commence at the Southwest corner of said Section 33; thence South. 9011 09 00" East, along the South line of said Section 33, a distance of 1388.07 feet; thence departing said South line, North 00° 00' 14" West, a distance of 1193.82 feet to .the POINT OF BEGINNIN-G; thence North 10° 22'05" West, a distance of 154.58 feet; thence North 79° 3T 55" East, a distance of 8.00 feet: thence South 10° 22'05" East, a distance of 152.86 feet; thence. South 67" 37 34" Nest, a distance of 8..'18 feet to the POINT OF BEG1NNMG. Containing 0.0282 acres or 1229 square feet, more or less. Site No: 370764 Site Name: Vero Beach Ring, FL 131 Instructions for completing the Resolution and Consent Affidavit *IMPORTANT INFORMATION BELOW* In order to avoid delays in the completion of this transaction, the Resolution and Consent Affidavit must be signed by ALL Members, Partners, Directors, Shareholders, Officers or Trustees of the organization. Section 6 of this form allows for the organization to appoint one person to sign the remaining documents but ONE HUNDRED PERCENT (100°6) of the ownership or voting interest of the organization must sign this first. Failure to comply with these instructions or properly indicate the percentage of ownership and/or voting interest will result in delays and could require the documents to be re -executed. If you have any questions, please contact your land lease representative. Site No: 370764 Site Name: Vero Beach Ring, FL Prepared by and Return to: American Tower Attn: Land Management/Christopher Hammer, Esq. 10 Presidential Way Woburn, MA 01801 Assessor's Parcel No(s): 31-39-33-00000-5000-00003-0 RESOLUTION AND CONSENT AFFIDAVIT Indian River County, FL Be it known that, under the pains and penalties of perjury, the undersigned Members, Partners, Directors, Shareholders, Officers or Trustees, as applicable (collectively, the "Affiants") of the above referenced entity (the "Landlord"), hereby declare and resolve the following: 1. Landlord (or its predecessor -in -interest) has licensed or subleased a portion of land to GTP Towers I, LLC, a Delaware limited liability company (the "Tenant") pursuant to that certain License Agreement dated November 4, 2008 (as the same may have been amended from time to time, collectively, the "License"). 2. Landlord and Tenant desire to enter into an amendment of the License (the "Amendment") in order to extend the term thereof and to further amend the License as more particularly set forth in the Amendment, a copy of which is attached hereto as Exhibit A and by this reference made a part hereof. 3. Landlord is duly organized, validly existing, and in good standing in the jurisdiction of its formation, organization, and/or incorporation, as applicable, and is otherwise authorized to transact business and in good standing in any other jurisdictions where such qualifications are required. Landlord has full power and authority to enter into and perform Landlord's obligations under the Amendment and the other Transaction Documents (as hereinafter defined), and the Amendment and the other Transaction Documents have been duly executed and delivered by Landlord. The Affiants listed below are the only legal and equitable owners of Landlord and are the only members, partners, directors, shareholders, officers and/or trustees, as applicable, of Landlord. 4. The Affiants hereby approve of the Transaction Documents and all of the terms and provisions contained therein and declare, resolve and/or affirm, as applicable, that Landlord is hereby authorized to enter into the Transaction Documents with Tenant and effect the transactions contemplated therein. The Affiants hereby declare and affirm that any other corporate and shareholder, member, partner, and/or trustee actions required to effectuate the transactions contemplated in the Amendment and other Transaction Documents have been completed. Site No: 370764 Site Name: Vero Beach Ring, FL )3 3 5. The Affiants also declare that they have full legal authority to bind Landlord under the laws of the State or Commonwealth in which the Licensed Premises (as defined in the Amendment) is located, and Affiants have the full authority to execute any and all of the Transaction Documents on behalf of Landlord and to nominate individuals to act on Landlord's behalf. 6. The Affiants hereby nominate the below listed individual (the "Nominee") as attorney-in-fact to execute and deliver the Amendment, together with any other documents and agreements, including, without limitation, the Memorandum (as defined in the Amendment), required to be executed and delivered pursuant to the terms and provisions of the Amendment (the Amendment and all of such other aforementioned agreements and documents, collectively, the "Transaction Documents"), on behalf of Affiants and Landlord.The Nominee shall have full power and authority to act on behalf of Affiants and on behalf of Landlord for purposes of executing and delivering the Transaction Documents and ensuring that Landlord fulfills its obligations thereunder. Additionally, the Nominee shall have full authority to direct the manner in which all payments made by Tenant pursuant to the Amendment are to be made to Landlord, including, without limitation, identifying which bank account(s) to transfer funds to in the event a wire payment is made by Tenant. NOMINEE: (Print Name) (Address) 7. This Resolution and Consent Affidavit shall become effective as of the date of the last notarized signature of the Affiants listed below. 8. Affiants hereby acknowledge and agree that Tenant, its lenders, and its title insurance company are relying upon, and are entitled to rely upon, this Resolution and Consent Affidavit and the contents hereof as a material inducement to entering into the Amendment and other Transaction Documents. Tenant, its lenders, and its title insurance company may rely upon a faxed, scanned or otherwise electronically reproduced fully -executed copy of this document as if it were an original. 9. This document can only be amended or modified by addendum or an amendment that is fully executed and notarized by all Affiants listed hereunder. [SIGNATURES COMMENCE ON FOLLOWING PAGE] Site No: 370764 Site Name: Vero Beach Ring, FL 13� EXECUTED UNDER THE PAINS AND PENALTIES OF PERJURY ON THE DATE WRITTEN BELOW AFFIANT NO. 1 2 WITNESSES Signature: Signature: Print Name: Print Name: Date: Title: (circle one) Member, Partner, Director, Shareholder, Officer, Trustee Percentage Ownership or Voting Interest: % Signature: Print Name: WITNESS AND ACKNOWLEDGEMENT State/Commonwealth of County of On this day of , 201 before me, the undersigned Notary Public, personally appeared who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: [SEAL] Site No: 370764 Site Name: Vero Beach Ring, FL 13, EXECUTED UNDER THE PAINS AND PENALTIES OF PERJURY ON THE DATE WRITTEN BELOW AFFIANT NO. 2 Signature: _ Print Name: Date: 2 WITNESSES Signature: _ Print Name: Title: (circle one) Member, Partner, Director, Shareholder, Officer, Trustee Percentage Ownership or Voting Interest: State/Commonwealth of County of Signature: _ Print Name: WITNESS AND ACKNOWLEDGEMENT On this day of , 201 before me, the undersigned Notary Public, personally appeared who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: [SEAL] Site No: 370764 Site Name: Vero Beach Ring, FL 13! EXECUTED UNDER THE PAINS AND PENALTIES OF PERJURY ON THE DATE WRITTEN BELOW AFFIANT NO. 3 2 WITNESSES Signature: Signature: Print Name: Print Name: Date: Title: (circle one) Member, Partner, Director, Shareholder, Officer, Trustee Percentage Ownership or Voting Interest: % Signature: Print Name: WITNESS AND ACKNOWLEDGEMENT State/Commonwealth of County of On this day of , 201. before me, the undersigned Notary Public, personally appeared who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: [SEAL] Site No: 370764 Site Name: Vero Beach Ring, FL t3-1 EXECUTED UNDER THE PAINS AND PENALTIES OF PERJURY ON THE DATE WRITTEN BELOW AFFIANT NO.4 Signature:_ Print Name: Date: 2 WITNESSES Signature:_ Print Name: Title: (circle one) Member, Partner, Director, Shareholder, Officer, Trustee Percentage Ownership or Voting Interest: % Signature: _ Print Name: WITNESS AND ACKNOWLEDGEMENT State/Commonwealth of County of On this day of , 201_, before me, the undersigned Notary Public, personally appeared who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: [SEAL] Site No: 370764 Site Name: Vero Beach Ring, FL 13$ EXECUTED UNDER THE PAINS AND PENALTIES OF PERJURY ON THE DATE WRITTEN BELOW AFFIANT NO.5 Signature:_ Print Name: Date: 2 WITNESSES Signature: _ Print Name: Title: (circle one) Member, Partner, Director, Shareholder, Officer, Trustee Percentage Ownership or Voting Interest: State/Commonwealth of County of Signature:_ Print Name: WITNESS AND ACKNOWLEDGEMENT On this day of , 201 before me, the undersigned Notary Public, personally appeared who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: [SEAL] Site No: 370764 Site Name: Vero Beach Ring, FL EXECUTED UNDER THE PAINS AND PENALTIES OF PERJURY ON THE DATE WRITTEN BELOW AFFIANT NO. 6 Signature: _ Print Name: Date: 2 WITNESSES Signature: _ Print Name: Title: (circle one) Member, Partner, Director, Shareholder, Officer, Trustee Percentage Ownership or Voting Interest: State/Commonwealth of County of Signature:_ Print Name: WITNESS AND ACKNOWLEDGEMENT On this day of , 201. before me, the undersigned Notary Public, personally appeared who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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Thank you. P141 Floxida Senate - 2018 By Senator Steube 23-00623A-18 2O18574 --' A bill to be entitled 2 An act relating to tree and timber trimming, removal, 3 and harvesting; creating o' 589,37, F.S.; preempting .4 to the state the regulation of the trimming, removal, 5 or harvesting of trees and timber on private property; b prohibiting certain local governmental actions 7 relating to the trimming or removal of trees or 8 timber; prohibiting local governments from prohibiting 9 the burial of vegetative debris on certain properties; lU providing an affective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section l. Section 589,37, Florida Statutes, is created to 15 read: lh 589.37 Regulation of tree and timber trimming, removal, or 17 harvesting 18 (1) The regulation of the trimming, removal, or harvesting 19 of trees and timber on private property is preempted to the uV state. 21 (2) A municipality, county, or other political subdivision 22 of the stat t 23 (a) Prohibit or restrict a private landowner from trimming, 24 removing, or harvesting i located 25 l d ' private t 26 (b) Require mitigation, including, but not limited to, the 27 planting of trees or the t of a fee, for thel or 28 harvesting 29|(c) Prohibit the burial of trees, shrubs, palmettos, or Page l of 2 COVING; Words eteielee* are deletions; words underlined are additions. 30 31 Floxida Senate - 2018 23-00623A-18 SB 574 2018574_ other vegetative debris on properties larger than 2.5 acres. Section 2. This act shall take effect July 1, 2018. Page 2 of 2 CODING: Wordsstn are deletions; words underlined are additions. P143 Editorial: If a tree falls, does anyone in Tallahassee hear it? 0 11/14/178:39 AM Editorial: If a tree falls, does anyone in Tallahassee hear it? Posted at 12:01 AM Hurricane Irma apparently intervened in defusing the fireworks that were expected at last month's meeting between the Polk County Commission and the community's legislative delegation. The commission's anticipated criticism of Tallahassee's encroachment into local affairs — driven largely by the Legislature's support for a new homestead exemption that voters will decide next year — was subordinated to discussions of how the state will fuel the hurricane recovery. But don't worry, the Legislature is about to hand Polk County and other local governments more reasons to grouse about undermining home rule. On example came Monday when the respected environmental group 1000 Friends of Florida called attention to one bill now making its way through the ongoing legislative committee meetings. It seems that Rep. Katie Edwards, a Plantation Democrat, and Sen. Greg Steube, a Sarasota Republican, believe regulating trees is a power best left to Tallahassee and not city hall. Their identical bills would strip local governments of power to prohibit landowners from removing or trimming trees on their own property. The bill would also block local governments from requiring that landowners plant new trees or pay a fee toward that after removing trees. Finally, local government would have no say on stopping landowners form burying vegetative debris on sites larger than 2.5 acres. Steube told the Sarasota Herald -Tribune that the bill was inspired in part by the fact that he had to comply with a county tree ordinance before clearing an acre of his 5.3 -acre parcel to build a three -car garage with a mother-in-law apartment. He also was miffed that he had to pay thousands of dollars to have downed trees hauled off. And not surprisingly, Steube told the paper he also was motivated by complaints from developers about abiding by such local rules. Interestingly, Steube told the Herald -Tribune he attempted to discuss his issue with each Sarasota County commissioner, all of whom were Republicans like him. But they didn't seem interested in his plea. http://GMS-LKweb.newscyclecloud.com/opinion/20171114/editorial-if-tree-falls-does-anyone-in-taIlahassee-hear-it Page i of 2 P144 Editorial: If a tree falls. does anyone in Tallahassee hear it? 11/14/17 8:39 AM So, he went the way of the czar, filing a bill that abolishes their authority over him. Setting aside the fact that this bill would be a boon for developers who want to clear-cut Florida to the last stump, we could agree that in some cases local regulations seem overbearing, useless, or nonsensical. But there is another side to this. For instance, in 2011 the town of Jupiter zapped a local couple with a S 1.6 million fine for removing 109 mangrove trees from their lot without permission. After fighting it out in court, a panel of appellate judges agreed the town was wrong because mangroves are protected and regulated by the state. That fact, however, did not stop the trees from being axed. The Steube-Edwards bill does not identify which state agency would police trees, or how an agency, if designated, would handle these issues, or if no one would be responsible for this regulation. One might argue this bill either puts everyday Floridians at the mercy of big, distant state government, or means they are not governed at all. The perceived absurdity of local regulations should not create an automatic mandate for Tallahassee to step in and declare them null and void. The place to fix or repeal these local laws is the chambers of city and county commissions, by appealing directly to locally elected leaders, not the state Capitol. If opponents cannot find satisfaction that way, there is always the ballot box. It always puzzles us why the people who complain loudest about interference from Washington want to afflict local government with their own mandates. Stay tuned to see what other authority Tallahassee seeks to take from the government officials closest to the people. http://GM5-LKweb.newscyclecloud.com/opinion/201711 14/editorial-if-tree-falls-does-anyoiie-in-tallahassee-hear-it Page 2 of 2 P145 Worries grow with lawmaker's plan to kill tree rules ►aMM4 by Gaynem le Worries grow with lawmaker's plan to kill tree rules 11/14/17 8:38 AM By Cleveland Tinker Posted Nov 13, 2017 at 6:55 PM Updated Nov 13, 2017 at 6:55 PM Tree canopies in Alachua County and Gainesville are considered some of the most impressive in the state and country, both Lachnicht and Niederhofer said. Alachua County and the city of Gainesville take pride in their reputations as tree -loving communities, and a state legislator's proposal to dismantle local tree ordinances is not germinating well locally — or throughout the state. Last week in Tallahassee during committee meetings to prepare for the 2018 Florida Legislative Session, Sen. Greg Steube, R -Sarasota, introduced Senate Bill 574, which would cut down municipal tree ordinances that deal with "trimming, removal or harvesting of tree and timber on private property." The proposed bill would nullify tree ordinances statewide, including those protecting Gainesville's iconic canopy roads. "This proposed bill will allow the removal of any tree without having to plant another tree in its place," said Meg Niederhofer, a local tree advocate who was the city of Gainesville's arborist from 1988 to 2010. The city of Gainesville enacted its first tree ordinance in the late 1970s and Alachua County soon followed suit. Tree ordinances like the ones on the books in Alachua County and Gainesville have several purposes, Neiderhofer said. They protect open forest areas that help keep hurricanes from becoming as devastating as they otherwise might be, limit soil erosion, help reduce global warming, provide habitat for wildlife and protect the beauty of trees. Ordinances enacted by local governments to protect trees are important because they reflect how much communities value trees, said Steve Lachnicht, director of the Alachua County Growth Management Department. Placing a high value on protecting trees isn't unique to Alachua County, but this area is known for its tree - ,tip:/ /www.gainesville.com/news/20171113 /worries -grow -with -lawmakers -plan -to -kill -tree -rules Page I of 3 P146 Worries grow with lawmaker's plan to kill tree rules 11/14/17 8:38 AM protection efforts, Lachnicht said. The Alachua County Tree Ordinance, adopted by the County Commission in 1991) protects trees with diameters of 8 inches or more or 2 feet in circumference, whichever is less; trees identified by federal and state forestry agencies as the largest of their species and trees that have a diameter of at least 30 inches or 7 -feet, 10 - inches, whichever is less. In 2013, the city of Gainesville revised its tree protection ordinance to narrow the focus of the city's regulations to healthy heritage trees, a group. of some 25 protected species, and levies a fee when those trees are removed from land being developed. Officials in cities with tree ordinances, such as Jacksonville and Tallahassee, have already gone on record with their opposition to the proposed bill, and have been joined by 1,000 Friends of Florida, a statewide nonprofit that monitors land management and other issues, in opposing the bill. Tree canopies in Alachua County and Gainesville are considered some of the most impressive in the state and country, both Lachnicht and Niederhofer said. In recent years, the Legislature has thrown out local ordinances on drones, gas station signs, guns, marijuana dispensaries and ride -sharing. Steube makes a private pioperty-rights argument for his move to pre-empt local rules that require government approval before clearing trees from a lot. Steube told the Sarasota Herald -Tribune he was irked when he found out he had to pull a permit to clear a lot and then pay to have the debris removed when he built a three -car garage on in Sarasota County property. Municipal tree ordinances that have short-term and long-term negative impacts on affordable housing should be evaluated, Sen. Keith Perry, R -Gainesville, said as he was headed to Tallahassee Monday afternoon. "I haven't seen the proposed tree (law) in question, so I can't say if I support it or not," Perry said. "I've heard about it, and I will definitely be looking at it." Both Lachnicht and Niederhofer said Steube's proposed bill is sure to receive a lot of opposition, especially locally. "Our county is known for being a tree -loving county," Lachnicht said. Niederhofer said this area not only protects trees, but insists that more be planted. "Gainesville has led our state in developing regulations that require replanting when trees are removed," she said. htip://www.gainesville.com/news/20171113/worrfes-grow-witli-lawmakers-plan-io-kill-tree-rules Page 2 of 3 P147