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HomeMy WebLinkAbout04/03/2018ORS A BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, APRIL 3, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Bob Solari, Vice Chairman, District 5 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph E. Flescher, District 2 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Rabbi Michael Birnholz, Temple Beth Shalom 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Penny Chandler on Her Retirement from the Indian River County Chamber of Commerce 5.13. Presentation of Proclamation Recognizing the Month of April as Guardian Ad Litem Month 5.C. Presentation of Proclamation Designating the Month of April, 2018 as Child Abuse Prevention Month 5.1). Presentation of Proclamation Designating the Day of April 10, 2018, as Equal Pay Day April 3, 2018 Page 1 of 5 S.E. Presentation of Proclamation Observing April 2018 as Aviation Appreciation Month S.F. Presentation on Indian River. STEAM Fest by Stephanie Watson, Kelly J. Brown, and Mie Powell 6. APPROVAL OF MINUTES 6.A. Regular Meeting of February 13, 2018 6.13. Regular Meeting of February 20, 2018 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD ACTION 7.A. Florida Public Service Commission Consummating Order No. PSC -2018 -0152 -CO -EQ In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company is on file for review in the office of the Clerk to the Board. 7.13. Final "State Approved" Indian River County Local Housing Assistance Plan for Fiscal Years 2018-2019, 2019-2020, and 2020-2021 7.C. 2018 Beach and Shores Preservation Advisory Committee Chairman and Vice -Chairman Election 7.1). City of Sebastian Ordinance 0-18-03, Notice of Annexation of 182.87 Acres, is on file in the Office of the Clerk to the Board 7.E. Continuing Participation with St. Lucie County and Martin County in the Treasure Coast HOME Program Consortium 7.F. Update on All Aboard FL/Vero Electric Expenses 7.G. Residential Paper Shredding Event on April 7, 2018 7.11. Announcing the Winners of the "Drop Savers" Water Conservation Poster Contest 8. CONSENT AGENDA 8.A. Checks and Electronic Payments March 9, 2018 to March 15, 2018 8.13. Checks and Electronic Payments March 16, 2018 to March 22, 2018 8.C. Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity for Coastal Health Services of Brevard Inc. to Provide Interfacility Transportation Services 8.D. GH Vero Beach Development, LLC's Request for Final Plat Approval for a Development to be known as Laguna Village at Grand Harbor, Plat 34 [PD -15-12-04 / 99020110-80718] April 3, 2018 Page 2 of 5 8.E. Award of Bid No: 2018021 IRC Jail Complex Roofing Replacement, Recover and Repair Project 8.F. 26th Street - Advance Acquisition of Right -of -Way 5816 26th Street, Vero Beach, FL 32966. 8.G. 'Work Order No. 3 Environmental Science Associates, Jungle Trail Shoreline Stabilization Project 8.H. Work Order No. 2018006-2, Aptim Environmental & Infrastructure, Inc. Sector 3 Beach and Dune Renourishment - Design and Permitting 8.I. Approval. of Agreement - Aptim Environmental & Infrastructure, Inc. for Engineering and Biological Support Services for Sector 5 (Vero Beach) Beach and Dune Renourishment Project. RFQ# 2018029 8.1 Amendment No. 1 to Work Order No. 10 with Kimley-Horn and Associates - North Reverse Osmosis Water Treatment Facility 2016/2017 Permit Renewal 8.K. 22nd Street SE Sewer Lateral Replacement: Approval of Change Order and Final Payment Blue Goose Construction Work Authorization No. 2018-002 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Ocean Trail, LLC's Request for Vacation of the Hideaway Cove Subdivision Plat [PVSD7-79-04(221) / 2000120037-80175] (Legislative) 10.A.2. Ocean Trail, LLC's Request for Abandonment of the West 20 Feet as shown as Additional Right -of -Way Dedication on the Plat of Hideaway Cove Subdivision [ROWA-17-11-05 / 2000120037-80055] (Legislative) - 10.A.3. Schwerin and Other's Request to Rezone f 9.94 Acres from MED to CG (RZON-99070136-80287) & County's Request to Rezone f 0.20 Acres from MED to CG (RZON-2018010067-81006) (Quasi -Judicial) B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services April 3, 2018 Page 3 of 5 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. Indian River County Welcome Sign Design and Locations 12.E2. Award of Bid No. 2018005 58th Avenue Resurfacing/Reclamation from 26th Street to 49th Street (IRC -1324, FM No. 434840-1-54-01) G. Utilities Services 12.G.1. Waive the Bid Process for Holding Tank Restoration at the Residuals Dewatering Facility - UCP 4138 13. COUNTY ATTORNEY MATTERS 13.A. Resolution Authorizing the Florida Department of Transportation to Acquire Property Rights for County Road 609 (82nd Avenue/Ranch Road) from 69th Street to County Road 510 13.11. Memorandum of Understanding between the County and the Sheriffs Office for Standard Software License and Service Agreement 13.C. . 2018 State Legislative Final Report 13.D. City of Sebastian Fire Marshal Ordinance 14. A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Bob Solari, Vice Chairman C. Commissioner Susan Adams 14.C.1. Request Board Consideration for Discussion regarding Oslo Cemetery D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 14.E.1. Discussion on Information regarding Takeover of Indian River Medical Center by Cleveland Clinic 14.E:2. Discussion on Florida Housing Coalition State and Local Housing Trust Funds 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District April 3, 2018 Page 4 of 5 15.A.1. Sole Source Purchase of Four (4) Stryker Power -Pro XT Stretchers B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking -by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.irceov.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 Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. April 3, 2018 Page 5 of 5 PROCLAMATION HONORING PENNY CHANDLER ON HER RETIREMENT FROM THE INDIAN RIVER COUNTY CHAMBER OF COMMERCE WHEREAS, Penny Chandler has served as President of the Indian River County Chamber of Commerce for 23 years; and WHEREAS, Penny is known as a convener, collaborator and consensus builder, leading the way to strengthen the county's economic development and tourism programs for the benefit of all residents while keeping Chamber members informed on current issues; and WHEREAS, under Penny's leadership, the Chamber was named the 1999 "Florida Chamber of The Year" and in 2008, recognized with 4 -Star Accreditation, placing the organization in the top 3% of all (nearly 7,000) Chambers in the U.S.; and WHEREAS, Penny was named the 2010 "Florida Chamber Professional of the Year" by the Florida Association of Chamber Professionals; and WHEREAS, Penny was instrumental in recruitment of the CVS distribution center, the retention of Piper Aircraft in Vero Beach, and establishing the Leadership Indian River County program; and WHEREAS, Penny created partnerships with many regional and state organizations and developed credible partnerships with governments at all levels; and WHEREAS, Penny coordinated local efforts to raise over $1.5 million to build a new Chamber facility — the first place many visit when arriving in Vero Beach and Indian River County; and WHEREAS, Penny has served on numerous community boards and committees, all for the betterment of Indian River County. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board honors Penny Chandler and her tireless work as President of the Indian River County Chamber of Commerce, and expresses its appreciation for her 23 years of service. Adopted this 3rd day of April, 2018. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Susan Adams Joseph E. Flescher Tim Zorc 1 PROCLAMATION RECOGNIZING THE MONTH OF APRIL, 2018, AS GUARDIAN AD LITEM MONTH WHEREAS, Indian River County prides itself on giving back to the community, contributing to the quality of life among our citizens; and, WHEREAS, April has been designated National Child Abuse Prevention Month; and WHEREAS, April 15 through April 21, 2018, has been designated as National Volunteer Appreciation Week; and, WHEREAS, the Guardian Ad Litem Program is a partnership of volunteers from our county and staff who advocate for the best interest of abused, abandoned, and neglected children within our community; and, WHEREAS, there are at least 190 children in Indian River County involved in the court system through no fault of their own; and WHEREAS, there are 84 citizens of Indian River County advocating for their community's children. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board hereby recognizes the month of April, 2018 as Guardian Ad Litem Month in Indian River County, and urges all residents to give of their time to make a difference in the lives of our most vulnerable children by volunteering with the Guardian Ad Litem Program. Adopted this 3rd day of April, 2018. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Susan Adams Joseph E. Flescher Tim Zorc 2 5C PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2018 AS CHILD ABUSE PREVENTION MONTH WHEREAS, child abuse and neglect is a serious and growing problem affecting more than 3.2 million of our nation's children annually and over 3,500 children locally; and, WHEREAS, the abuse and neglect of children can cause severe, costly and lifelong problems, including physical and mental health problems, school failure and criminal behavior, which affects all of society; and, WHEREAS, increased public awareness of the devastating problem of child abuse and neglect is our strongest weapon in the fight to end it; and, WHEREAS, community organizations such as Exchange Club of Indian River and other organizations who make children a top priority take action to support the physical, social, emotional, and educational development and competency of all children; and, WHEREAS, during the month of April, Prevent Child Abuse Florida in collaboration with the Governor's Office of Adoption and Child Protection, the Florida Department of Children and Families, and the Ounce of Prevention Fund of Florida, will implement Pinwheels for Prevention, a statewide campaign promoting awareness of healthy child development and positive parenting practices. The National Exchange Club will honor all children by wearing blue on Monday's during the month of April. NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, that the month of April, 2018, be designated as CHILD ABUSE PREVENTION MONTH in Indian River County, and all residents are urged to engage in activities whose purpose is to strengthen families and communities to provide the optimal environment for healthy child development. Adopted this 3rd day of April, 2018. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Susan Adams Joseph E. Flescher Tim Zorc 3 so PROCLAMATION DESIGNATING THE DAY OF APRIL 10, 2018, AS EQUAL PAY DAY WHEREAS, 55 years after the passage of the 1962 Equal Pay Act, women, especially minority women, continue to suffer the consequences of unequal pay; and, WHEREAS, according to the US Census Bureau, women working full time, year round in 2015 typically earned 21 % of what men earned, indicating little change or progress in pay equity; and, WHEREAS, in 2009, the Lilly Ledbetter Fair Pay Act was signed into law, which gives back to employees their day in court to challenge a pay gap; and, WHEREAS, according to the National Committee on Pay Equity 2016, college-educated women working full time earn 1.2 million dollars less than their male peers do over the course of a lifetime; and WHEREAS, nearly four in 10 mothers are primary breadwinners in their households, and nearly two-thirds are primary or significant earners, making pay equity critical to families' economic security; and, WHEREAS, according to The Fight for Pay Equity: A State Roadmap for Florida, published by AAUW and updated in September, 2017, the median earnings for men in Florida were $41,586 compared to $36,112 for women — an earnings ratio of just 87%, or third out of all states and the District of Columbia; and, WHEREAS, fair pay strengthens the security of families today and eases future retirement costs while enhancing the American economy; and WHEREAS, Tuesday, April 10, 2018, symbolizes the time in 2018 when the wages paid to American women catch up to the wages paid to men from the previous year. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the day of April 10, 2018, be designated as Equal Pay Day in Indian River County and the Board encourages all citizens to recognize the full value of women's skills and contributions to the labor force and to further encourage businesses to conduct an internal pay evaluation and to ensure women are being paid fairly and equally. Adopted this 3rd day of April, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Susan Adams Joseph E. Flescher Tim Zorc 4 SE PROCLAMATION OBSERVING APRIL 2018 AS AVIATION APPRECIATION MONTH WHEREAS, aviation plays a critical role in the lives of our local citizens, as well as in the operation of our businesses, emergency services, law enforcement, and agriculture; and, WHEREAS, the State of Florida has declared the month of April, 2018, as Aviation Appreciation Month; and, WHEREAS, the State of Florida has a significant interest in the continued vitality of aviation, aircraft and aerospace manufacturing, commercial service and community airports, and aviation education; and, WHEREAS, more than 8.5 percent of Florida Gross State Product results from businesses dependent upon aviation; and, WHEREAS, Florida's commercial airports accommodate more than 149.3 million passengers annually, ranking Florida second in the nation; and, WHEREAS, more than half (50.5 percent) of Florida's visitors arrive each year by air; and, WHEREAS, Florida's general aviation/community airports accommodate more than 9 million visitors and business travelers annually; and, WHEREAS, in total, aviation presents more than $144 billion in annual economic activity in Florida; and, WHEREAS, Piper Aircraft, FlightSafety Academy, Sun Aviation, LoPresti Aviation, and many other large and small businesses are significant employers and tax payers in Indian River County; and, WHEREAS, airports in Indian River County contribute over $500 million in direct and indirect economic impact to our community; and, WHEREAS, organizations like the Vero Beach Air Show, Experimental Aircraft Association, Aircraft Owners and Pilots Association, Veterans Council of Indian River County, National Exchange Club, and many other local, regional, and national organizations recognize and promote the interests and importance of aviation in our communities. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, hereby proclaims the month of April, 2018 as Aviation Appreciation Month. Adopted this 3rd day of April, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Susan Adams Joseph E. Flescher Tim Zorc 5 PROCLAMATION �6, F; DESIGNATING APRIL 14, 2018 AS INDIAN RIVER STEAM FEST DAY WHEREAS, the citizens of Indian River County see the benefit of educating children in the areas of Science, Technology, Engineering, Art, and Math (STEAM); and WHEREAS, STEAM fields are important to the economy and general well-being of our community because they are the underpinning of manufacturing, food production, health care, and much more; and WHEREAS, artists, designers, and writers provide new insights and perspectives that can sow the seeds of scientific progress; and WHEREAS, 2.4 million STEAM jobs are projected to go unfilled in 2018; and WHEREAS, there is a severe underrepresentation of women and minorities in STEAM fields; and WHEREAS, between 2017 and 2027, the number of STEAM jobs will grow 13 percent, compared to 9 percent for non -STEAM jobs; and WHEREAS, the average median hourly wage for STEAM jobs is $38.85 compared to the median earning for all other types of jobs of at $19.30; and WHEREAS, out of 100 STEAM occupations, 93 percent of them had wages above the national average; and WHEREAS, we need creative people to form productive collaborations with scientists, educators, and technologists to make a positive impact on the world; and WHEREAS, 8.74 percent of middle school girls express an interest in engineering, science, and math, but only 0.3 percent choose computer science as a major when they get to college; and WHEREAS, students learn five critical skills through an arts education: creativity, collaboration, confidence, cultural awareness and empathy, and critical thinking; and WHEREAS, Indian River County is committed to investing in the education of all young people by providing expanded learning opportunities in the fields of Science, Technology, Engineering, Art, and Math; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that April 14, 2018 be designated as Indian River STEAM Fest Day in Indian River County. Adopted this 3rd day of April, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA . Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Susan Adams Joseph E. Flescher Tim Zorc �-1 Sr • INDIAN RIVER • SCIENCE • TECHNOLOGY • ENGINEERING • ART • MATH STEAM Fest is about innovation, imagination and having K-12 students & their families explore these critical areas in a fun, exciting and informal way. Be a part of creating an event that brings hands-on experiences to Indian River County. Help us inspire children to dream big and to pursue their education and future career opportunities in STEAM. NOW SEEKING Sponsors I Committee Members I Exhibitors For more information email indianriversteamfest@gmail.com 6 www.indianriversteamfest.com • INDIAN RIVER - SCIENCE • TECHNOLOGY • ENGINEERING • ART . MATH Saturday, April 14, 2018 ♦ 10:00 am - 4:00 pm The Indian River County Intergenerational (1G) Recreation Center 1 1590 Oslo Road, Vero Beach; FL Dear Prospective STEAM Partner, In recent years, the concept of STEAM has gained popularity in the world of education. According to the National Science Foundation, "To succeed in this new information -based and highly technological society, students need to develop their capabilities in STEM to levels much beyond what was considered acceptable in the past." STEAM .builds upon the concept of STEM by emphasizing the integral role of the arts and creativity in this learning process. Specifically, STEAM provides value by exposing youth to Science, Technology, Engineering, Art, and Math. Indian River STEAM Fest will take place on Saturday, April 14, 2018, and offers a day filled with interactive, hands-on exhibits, allowing local K-12 students and their families the chance to explore and create. Help spark children's imaginations and .give them a peek into many future career opportunities right here in Central Florida. As a business, corporation, or individual that understands the value of bringing these opportunities to the hands of young students, you are invited to participate in this one -of -a -kind, local event by serving as a sponsor, exhibitor, donor, or even speaker. Vero Beach Academy is proudly organizing this annual event that will impact hundreds of children right here in Indian River County. Our committee sincerely looks forward to partnering with you. Sincerely, l j kwaly\� Kelly J. Brown Sponsorship Chair (772) 538-8770 p(/� 'iowa Mie Powell Exhibitor Chair (772) 532-2025 2676 12th St. Vero Beach, FL 32960 (772) 584-18511 indianriversteamfest@gmail.com I vn^v.indianriversteamfestfom 2 y. FILED 3/20/2018 ;DOCUMENT NO. 02418-2018 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of renewable DOCKET NO. 20170226 -EQ energy tariff and standard offer contract, by ORDER NO. PSC -2018 -0152 -CO -EQ Florida Power & Light Company. ISSUED: March 20, 2018 CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC -2018 -0085 -PAA -EQ, issued February 19, 2018, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -2018 -0085 - PAA -EQ has become effective and final. It is further ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 20th day of March, 2018. CARLOTTA S. STAUFFER Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850)413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. .m ORDER NO. PSC -2018 -0152 -CO -EQ DOCKET NO. 20170226 -EQ PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. 78 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator Through: Stan Boling, AICP Community Development Director FROM: Sasan Rohani, AICP Chief, Long -Range Planning DATE: March 21, 2018 SUBJECT: Final "State Approved" Indian River County Local Housing Assistance Plan for Fiscal Years 2018-2019, 2019-2020, and 2020-2021 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 3, 2018. DESCRIPTION AND CONDITIONS According to Rule 67-37.005(2), Florida Administrative Code, all local governments receiving SHIP funds must every three years submit a new Local Housing Assistance Plan (LHAP) to the Florida Housing Finance Corporation (FHFC). Accordingly, the county's plan was revised and submitted to the FHFC in 1994, 1997, 2000, 2003, 2006, 2009, 2012, and 2015. Those plans were approved by the FHFC. In 2015, the Board of County Commissioners approved the county's current 3 year plan. Subsequently, the FHFC approved the county's plan and authorized the disbursement of SHIP funds until June 30, 2018. The Board approved the county's new proposed plan on December 5, 2017, and directed staff to submit the new 3 year plan for FY 2018-2019, FY 2019-2020, and FY 2020-2021 to the FHFC. After receiving the plan, FHFC recommended some minor final changes. Similar to the past staff coordinated with the FHFC and revised the LHA plan per state recommendations. Subsequently, the FAFC approved the County's plan with the minor changes made. Staff now submits the revised and "state approved" LHA plan to the Board for its information. ANALYSIS To meet the Florida Housing Finance Corporation's local housing assistance plan submittal requirements, county staff has prepared a new Local Housing Assistance Plan. The new plan is a continuation of the county's previous plan with minor changes and updates. The plan includes updated information and projected expenditures for the new fiscal years. As indicated in the plan, the county will continue its affordable housing incentives and utilizing ten percent (10%) of the state SHIP allocation for administration of the SHIP Program. 1 The county's plan meets all state and local requirements and provide the basic framework and operating procedures, including program strategy qualification requirements and other provisions, for the SHIP program for the next 3 fiscal years. The state's approval of the new plan makes the county eligible to receive SHIP funds until June 2021. As previously indicated, the FHFC recently approved the County's proposed plan with only a few minor changes including a change to the county's new construction (Federal or State programs matching grant) strategy. Those changes revised the new construction strategy from being a grant to developers to being 10 year deferred payment loan, structured so that the loan amount and accumulated interest will be forgiven after 10 years of compliance with appropriate Federal and State housing program requirements. FUNDING All SHIP loans are funded from state SHIP allocations and program income. Therefore, no local funds are involved. RECOMMENDATION The attached approved LHA plan for FY 2018-2019, FY 2019-2020, and FY 2020-2021 is provided to the Board for its information. No action is needed at this time. ATTACHMENTS 1. Approved Indian River County Local Housing Assistance Plan for FY 2018-2019, FY 2019- 2020, and FY 2020-2021 FACommunity DevelopmenOSHIPTHAP\2018-2021 LHAP\BCC-4-3-18 LHAPIan 2018-2021 information.doc 9 Indian River County A SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) 2018-20199 2019-2020, and 2020-2021 m Adopted by BCC: December 5, 2017 Equal Housing Opportunity Approved by FHFC: January 18, 2018 Effective: July 1, 2018 - 1 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 10 Table of Contents Description Page # Section I, Program Details 3 Section II, Housing Strategies 7 A. Owner Occupied Rehabilitation Loans 7 B. Purchase Assistance with or without Rehabilitation Loans 9 C. Emergency Repair Loans 10 D. Disaster Mitigation Loans 12 E. Impact Fee / Capacity Charge Loans 13 F. New Construction (Federal or State Programs Matching Loans) 14 Section III, Incentive Strategies 16 A. Expedited Permitting 16 B. Ongoing Review Process 16 C. Other Incentive Strategies Adopted 17 Section IV, Exhibits 18 A. B. C. D. E. F. G. H. Administrative Budget for 2018-2019, 2019-2020, and 2020-2021 Timeline for Estimated Encumbrance and Expenditure Housing Delivery Goals Charts (HDGC) For 2018-2019, 2019-2020, and 2020-2021 Signed LHAP Certification Signed, Dated, Witnessed or Attested Adopting Resolution Ordinance: No Change to the Original Ordinance Interlocal Agreement: No Interlocal Agreement State Housing Initiatives Partnership (SHIP) Program Information Sheet - 2 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 11 I. Program Details: A. Name of the participating local government: Indian River County Is there an Interlocal Agreement: Yes 0 No B. Purpose of the program: 1. To meet the housing needs of the very low, low and moderate income households; 2. To expand production of and preserve affordable housing; and 3. To further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2018-2019, 2019-2020, and 2020-2021 D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code. Cities and Counties must be in compliance with these applicable statutes, rules and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low- income persons, non-profit housing organizations, and community groups. F. Leveraging: The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants, loans or programs. G. Public Input: Public input was solicited through face to face meetings with housing providers, social service providers, local lenders, neighborhood associations, Affordable Housing Advisory Committee, and the Indian River County Affordable Housing Partnership Group. Public input was solicited through the county website and in the advertising of the Local Housing Assistance Plan Notice of Funding Availability in the local newspaper. H. Advertising and Outreach: SHIP funding availability shall be advertised in the Press Journal (the local newspaper of general circulation) and on the county website, at least 30 days before the beginning of the application period. If no funding is available due to a queue list, no notice of funding availability is required. I. Queue List/Priorities: A queue list will be established when applicants apply to the county SHIP program. Those households on the queue list will be contacted by staff when their queue number is reached. The queue list will be maintained with applicants listed in an order that is consistent with the time that their preliminary intake forms were submitted. Queue numbers will be assigned based on that order. Adjustments to the queue order may be made to achieve any established funding priorities as described in this plan. 3 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 12 Priorities for funding described herein apply to all strategies unless otherwise stated in the strategy. The county will accept preliminary intake forms during the advertised "Application Period". All applicants must complete the SHIP preliminary intake information sheet and submit it to the SHIP office to obtain their queue list number. Once there is a list of eligible applicants, they will be ranked based on the priorities provided below. Ranking Priority: 1. Emergency Loans 2. Special Needs Households (until the program's required percentage has been met) 3. Very low income applicants from local Non-profit Affordable Housing Organizations such as Habitat for Humanity and Every Dream Has a Price 4. Other applicants a. Very low income (until the program's required percentage has been met) b. Low income (until the program's required percentage has been met) C. Moderate income J. Anti -Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application process for eligible housing. K. Support Services and Counseling: Support services are available from various sources. The county, local financial institutions and others may provide a Homebuyer's Educational Workshop for purchase assistance applicants, Homeownership Counseling (pre and post) and credit counseling. L. Purchase Price Limits: The sale price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: 0 U. S. Treasury Department Local HFA Numbers M. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted at www.floridahousing.org. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071, F.S. However, it - 4 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 13 is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. O. Monitoring and First Right of Refusal: In the case of rental housing, the staff and any entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan in the original amount of $10,000 or less shall not be subject to this annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for no less than 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. P. Administrative Budget: A line -item budget of proposed Administrative Expenditures is attached as Exhibit A. Indian River County finds that the funds deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. " Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs." The applicable local jurisdiction has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the local housing assistance plan will be wholly performed and maintained by the Indian River County. R. Project Delivery Costs: In addition to the administrative costs listed above, the county will charge a reasonable project delivery cost not to exceed $2,500.00 to cover inspection - 5 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 14 services, preparation of work write-ups, and construction inspections performed by non - county employees for rehabilitation projects. Since the county Building Division is set as an enterprise fund, if SHIP utilizes a building inspector, SHIP must reimburse the Building .Division for the building inspector's time. For all loans, housing delivery cost will also include but not be limited to recording fees, documentary stamp tax fees, credit report fees, title search fees, partial satisfaction of mortgage recording fees, and counseling fees. These fees will be included in the amount of the recorded mortgage and note. S. Essential Service Personnel Definition: For purpose of SHIP funding, the county considers the following groups as Essential Services to our county: First Responders, Educators in K- 12, Nurses, Active Military, Law Enforcement, Public Utility employees and National Guard stationed in the county. T. The county will, when economically feasible as determined by cost comparison by the assigned housing inspector, employ the following Green Building requirements on rehabilitation repairs, emergency repairs, and new construction: 1. Low or No-VOC paint for all interior walls (Low-VOC means 50 grams per liter or less for flat paint; 150 grams per liter or less for non -flat paint); 2. Low -flow water fixtures in bathrooms—WaterSense labeled products or the following specifications: a. Toilets: 1.6 gallons/flush or less;. b. Faucets: 1.5 gallons/minute or less; and c. Showerheads: 2.2 gallons/minute or less. 3. Energy Star qualified refrigerator (for new construction); 4. Energy Star qualified dishwasher (for new construction); 5. Energy Star qualified washing machine (for new construction) if provided in units; 6. Energy Star qualified exhaust fans in all bathrooms; and 7. Air conditioning: Minimum SEER of 14. Packaged units are allowed in studios and one bedroom units with a minimum of 11.7 SEER. U. The county will inform social service agencies serving the designated special needs populations of available SHIP assistance to achieve the 20% goal of the special needs set- aside. The goals will be met through all loan assistance strategies. V. Describe Efforts to Reduce Homelessness: Treasure Cost Homeless Services Council (TCHSC) provides continuum of care to the homeless population within Indian River County. County. staff works with the TCHSC staff to apply for grants, exchanges information, and provides assistance as needed. TCHSC administers the Homeless Management Information System (HMIS). TCHSC provides shelters, rental and utility assistance, supportive services for veteran families and manages affordable rental properties. - 6 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 15 W. Total assets (cash or non-cash items that can be converted to cash) not including IRA, Keogh, similar retirement savings accounts, and dedicated college saving accounts of an eligible household applying for SHIP assistance shall not exceed twenty thousand dollars ($20,000.00). Section H. LHAP Strategies: A. Owner Occupied Rehabilitation Loans Code 3 a. Summary of Strategy: SHIP funds will be awarded to owner occupied households in need of repairs to correct health and safety issues and code violations related to electrical, plumbing, roofing, windows, and other structural items as well as hurricane hardening activities. A detailed list of rehabilitation work activities allowed or not allowed is included in the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. b. Fiscal Years Covered: 2018-2019, 2019-2020, and 2020-2021 C. Income Categories to be served: Very -low, low, and moderate d. Maximum award: Very Low and Low Income $50,000 Very Low, Low, and Moderate Income $10,000 rehabilitation loan in conjunction with PA loans e. Terms 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in Loan term: 10 years (5 years in conjunction with CDBG funding). 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy (only rehabilitation loans in conjunction with CDBG funding will be forgiven in 5 years or upon death of the homeowner, whichever comes first). 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence, or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying non-CDBG related homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP - 7 - F:\CommunityDevelopment\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 16 eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a repayment. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities as described in section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: All work must be performed by licensed and insured contractors. Applicants applying for rehabilitation assistance loans must also provide a copy of the deed to their home. A complete application and all required documents must be submitted to the SHIP office when an applicant's queue number is reached and contacted by SHIP staff. i. Other Rehabilitation Loan requirements: Rehabilitation loans shall be provided consistent with the requirements of the County's Minimum Standards for Rehabilitation of Residential Properties document. Rehabilitation loans will not be awarded for rehabilitation work completed prior to the county loan approval. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. Residential Construction Hurricane Mitigation (RCMP): The county will match SHIP funds with My Safe Florida Home Funds for hurricane resistant retrofit improvements to owner occupied site built homes to reduce potential future hurricane damage. If applicable, the county shall advertise the availability of My Safe Florida Home funds, accept applications from very low, low, and moderate income homeowners with homestead exemptions for homes that have insured values not exceeding $253,809.00 (SHIP program maximum). Applications will be reviewed on first qualified, first served basis. Eligible retrofit improvements work activities include the following: 1. Improving the strength of the roof deck attachment 2. Creating a secondary water barrier to prevent water intrusion 3. Improving the survivability of the roof covering 4. Bracing gable -ends in the roof framing, 5. Reinforcing roof -to -wall connections 6. Upgrading exterior wall opening protections 7. Upgrading exterior doors - 8 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 17 B. Purchase Assistance with or without Rehabilitation Loans Code 1, 2 a. Summary of Strategy: SHIP funds will be awarded for downpayment and closing costs as well as principal reduction to households to purchase a newly constructed or existing home. A newly constructed home must have received a certificate of occupancy within the last twelve months. An existing home must be in need of rehabilitation. Prospective homebuyers must qualify as a First Time Homebuyer under the HUD definition: An individual who has had no ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. This includes a spouse (if either meets the above test, they are considered first-time homebuyers). A single parent who has only owned with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. b. Fiscal Years Covered: 2018-2019, 2019-2020, and 2020-2021 c. Income Categories to be served: Very -low, low and moderate d. Maximum award: Very Low: $20,000 Low $15,000 Moderate $10,000 e. Terms: Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in Loan term: 20 years. 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 20 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. Default: The loan will be determined to be in default if any of the following occurs during the 20 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a - 9 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 18 primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Applicants must secure a first mortgage from a lender. Applicants for purchase assistance loans must also provide a pre -qualification letter from a lender. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: Requirements for a Refinanced First Mortgage Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate loan, Not to exceed the original first For purchase assistance and interest rate must be mortgage amount. Any available loans up to 1 point allowed lower than the existing equity up to the original mortgage first mortgage interest amount may be used for closing For other loans up to 2 rate. costs associated with the points allowed refinancing. No cash out to applicant C. Emergency Repair Loans Code 6 a.. Summary of Strategy: Funds will be awarded to applicants in need of rehabilitation of their home related to a dire situation that needs to be mitigated immediately. This includes: damaged roofing that is leaking, damaged windows causing exposure to the elements, or electrical or plumbing, including septic tank problems, that could cause damage (fire) to the home or is an immediate health hazard to the occupants. This strategy may be used in cases where the health department, a jurisdiction's building official, or SHIP administrator utilizing SHIP inspector's inspection reports determined that a home is in such a condition that it jeopardizes the occupant's - 10 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 19 health and safety. When an applicant is assisted with emergency repairs, they, will not lose their place on the queue list. However., the amount of funds expended for the emergency repairs will be counted towards the maximum award if the applicant receives subsequent assistance through the rehabilitation strategy. Funds may also be awarded to pay insurance deductibles for any emergency repairs covered by the homeowner's policy. b. Fiscal Years Covered: 2018-2019, 2019-2020, and 2020-2021 C. Income Categories to be served: Very -low, low, moderate d. Maximum award: $20,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in Loan term: 10 years. 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; or failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be selected on a first -qualified, first- served basis with the priorities as described in Section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: An applicant requesting an emergency repair will be required to: 1. Allow the health department inspector, building department inspector, or rehabilitation specialist to access the home for an inspection to determine the need for the repair. - 11 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 20 2. Provide proof of homeowner's insurance policy if it is available, any proof whether or not the insurance will cover any part of the repair, and if applicable, insurance award to be completed prior to SHIP award. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. D. Disaster Mitigation Loans Code 5 a. Summary of Strategy: Funds will be awarded to applicants in need of home repairs directly caused by a disaster that is declared by an Executive Order of the President or Governor. Repairs will be prioritized as follows: 1. Immediate threats to health and life safety (such as sewage, damaged windows, roofing) in cases where the home is still habitable. 2. Imminent residual damage to the home (such as damage caused by a leaking roof) in cases where the home is still habitable. 3. Repairs necessary to make the home habitable. 4. Repairs to mitigate dangerous situations (such as exposed wires). b. Fiscal Years Covered: 2018-2019, 2019-2020, and 2020-2021 C. Income Categories to be served: Very -low, low, moderate d. Maximum award: $30,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 3% Simple Annual Interest. 3. Years in loan term: 10 years. 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. - 12 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 21 In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. 7. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, first- served basis with the priorities for Special Needs income groups as described in section I of this plan. 1. Proof of homeowner's insurance if available. 2. Must file for and use proceeds from insurance as first option. 3. Must file for FEMA, SBA and other assistance available prior to applying to . SHIP. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Funds for disaster mitigation will only be allocated from unencumbered funds or additional funds awarded through Florida Housing Finance Corporation for the disaster. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. E. Impact Fee / Capacity Charge Loans Code 8 a. Summary of the Strategy: To assist income eligible persons with the cost of impact fees and/or water and sewer capacity charges for owner occupied housing units anywhere in Indian River County. b. Fiscal Years Covered: 2018-2019, 2019-2020, and 2020-2021 C. Income Categories to be served: Very Low, low, moderate (in conjunction with PA loan only) d. Maximum award: $20,000 (current average actual cost range from $7,500 to $11,500) e. Terms: 1. Deferred Payment Loan (DPL); Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. - 13 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 22 2. Interest Rate: 3% Simple Annual Interest. 3. Years in loan term: 10 years 5 years in conjunction with CDBG funding. 4. Forgiveness: The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy (5 years if in conjunction with CDBG funding). 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 year loan term, sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. 7. In. cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. 8. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, first- served basis with the priorities for Special Needs income groups as described in Section I. g. Additional Information: Impact Fee Capacity Charge loans will be based on actual amount of impact fees/capacity charges charged by the county. h. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. F. New Construction (Federal or State Programs Matching Loans) Code 21 a. Summary of the Strategy: To assist non-profit organizations, and for-profit developers with matching funds needed to obtain federal or state housing programs funding for development of rental affordable housing projects. b. Fiscal Years Covered: 2018-2019, 2019-2020, and 2020-2021 C. Income Categories to be served: Very low, low and moderate - 14 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 23 d. Maximum award: $25,000 per unit $100,000 per project e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate 3% 3. Term 10 years 4. Forgiveness: the entire loan amount and interest accumulated will be forgiven after 10 years of compliance with federal and state housing program requirements. 5. Repayment: Not required as long as the project is constructed and meets the federal or state housing program requirements. 6. Default: When the assisted housing has changed to a market rate prior to 10 years. In that case, the entire original loan and accumulated interest amount is due and payable. 7. Recipient Selection Criteria: Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program must submit a federal or state housing funding application to the appropriate agency to qualify. Assistance will be provided to projects which receive an award of funds from a federal or state housing programs. Factors that may be considered in selecting the sponsor/developer may include, but is not limited to: a. Capacity and Capability to Carry -out Project b. Scale of Project/Utilization of Density Bonuses c. Experience in Completing Similar Projects d. Use of Personnel from Wages and Workforce Development Programs e. Leveraging f. Site Control g. Neighborhood Compatibility with Area Redevelopment Plan h. Creation of Mixed Income Communities i. Recapture Provisions j. Incorporation of Partnerships with Local Employers, Institutions, Hospitals and Schools k. Incorporation of Transit -Oriented Design 1. Attractiveness of Design in. Multistory Buildings Must Have Elevators and be ADA Compliant n. Use of Green Building Techniques f. Additional Information: The compliance period for developments receiving SHIP funds as a match for any federal and/or state funds will be consistent with applicable - 15 - F:\Community Deve1opment\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 24 federal and state fund requirements. Monitoring of these developments will be done through the appropriate federal or state programs. Developers receiving assistance from both SHIP the Housing Tax Credit (LIHTC) program shall be required to comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from SHIP and other federal, state or local programs shall be required to comply with any requirements specified by the other program in addition to SHIP program requirements. In the event both programs have restrictions on the same issue, the more restrictive regulation shall take precedence. If one program is silent on an issue, the program with a regulation on the issue shall apply. 67-37.007(12) F.A.C. g. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. III. LHAP Incentive Strategies In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives with the policies and procedures used for implementation as provided in Section 420.9076, F.S.: A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3177 (6) (f) (3) for affordable housing projects are expedited to a greater degree than other projects (Housing Element policies 1.5 and 1.6) - Housing Element Policy 1.5 POLICY 1.5: By 2000, the county shall assess its existing permit processing procedure and, if warranted, establish a full one-stop permitting process. - Housing Element Policy 1.6 POLICY 1.6: The County shall take all necessary steps to eliminate delays in the review of affordable housing development projects. In order to define delay, the county hereby establishes the following maximum timeframes for approval of projects when an applicant provides needed information in a timely manner: - Administrative approval - 5 days; - Minor site plan - 5 weeks; - Major site plan - 6 weeks; and - Special exception approval - 13 weeks. Whenever these review times increase by 150% or more due to the work load of the review staff, the county will begin prioritizing the review of affordable housing development project applications. In prioritizing affordable housing development project applications, staff will schedule affordable housing project applications for review before other types of project applications to ensure that maximum review timeframes are not exceeded for affordable housing projects. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption (Housing Element Policy 1.7). - 16 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 25 - Housine Element Policv 1.7 POLICY 1.7: As part of the adoption process for any county regulations which could affect housing development, county planning staff shall prepare a Financial Impact Statement to assess the anticipated impact of the proposed regulation on the cost of housing. When proposed regulatory activities are anticipated to increase the estimated cost per unit projection. The financial impact statement then will be reviewed by the Professional Services Advisory Committee, the Planning and Zoning Commission, and, if possible, the Affordable Housing Advisory Committee. Those groups shall consider the regulation's effect on housing cost in making their recommendation to the Board of County Commissioners. The Board of County Commissioners will consider the financial impact statement in making its final decision on the adoption of any proposed regulations. C. Other Incentive Strategies Adopted: 1. Regulations providing up to a 20% density bonus for affordable housing development projects (housing element policy 2.5, Land Development Regulations Section 911.14(4)(a)). 2. Regulations allowing for small lot subdivisions with reduced setbacks, lot size, and lot width requirements for Workforce or Affordable Housing subdivision projects (Land Development Regulations, Chapter 911 and section 971.41(9)). 3. Regulations allowing for accessory single-family dwelling units in all agricultural and residential zoning districts (Land Development Regulations, Chapter 911 and Section 971.41(10)). 4. Regulations allowing multi -family dwelling units in conjunction with commercial development, such as apartments over commercial buildings (Land Development Regulations Section 911.10 and Section 971.41 (6)). 5. Policies for expedited permit processing (Housing Element policies 1.5 and 1.6). 6. Policy for review of proposed local policies or regulations, which may increase the cost of housing (Housing Element policy 1.7). 7. Inventory of all surplus county owned land (Housing Element policy 2.4). 8. Policy for financing impact fees or payment of impact fees (Housing Element policy 4.3 and policy 4.4). 9. Policy for expediting permits for housing projects utilizing new construction technology (green building, Energy Star Program) (Housing Element policy 1.8). 10. Policy for support of development near transportation hubs or major employment centers (Housing Element policy 1.9). 11. Policy for assistance to non-profit housing organizations to establish CLTs (Housing Element policy 4.10). - 17 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 26 12. Policy for assistance to non-profit organizations to establish CDCs (Housing Element policy 4.11). 13. Policy for assistance to employers for establishing employer assisted housing programs (Housing Element policy 4.12). 14. Policy for establishing a private/public housing trust fund (Housing Element policy 4.13). 15. Regulations allowing zero lot line subdivisions (Land Development Regulations Section 915.15). 16. Establishment of a Local Housing Assistance Program, allowing the county to utilize State Housing Initiatives Partnership (SHIP) program funds for the provision of affordable housing (Local Housing Assistance program, Local Housing Assistance plan, Housing Element policies 2.7, 3.6, 4.4, 4.6, 4.7, 4.9, and 9.1). IV. EXHIBITS: A. Administrative Budget for 2018-2019, 2019-2020, and 2020-2021 B. Timeline for Estimated Encumbrance and Expenditure C. Housing Delivery Goals Charts (HDGC) For 2018-2019, 2019-2020, and 2020-2021 D. Signed LHAP Certification E. Signed, Dated, Witnessed or Attested Adopting Resolution F. Ordinance: No Change to the Original Ordinance G. Interlocal Agreement: No Interlocal Agreement H. State Housing Initiatives Partnership (SHIP) Program Information Sheet - 18 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 27 EXHIBIT A Admin Budget (Based on a state distribution of $654,116.00) Fiscal Year 2018-2019 Salaries and Benefits $50,411.60 Office Supplies and Equipment $3,000 Travel, Workshops, etc. $1,000 Advertising $1,000 Professional Services $10,000 Total $65,411.60 Fiscal Year 2019-2020 Salaries and Benefits $50,411.60 Office Supplies and Equipment $3,000 Travel, Workshops, etc. $1,000 Advertising $1,000 Professional Services $10,000. Total $65,411.60 Fiscal Year 2020-2021 Salaries and Benefits $50,411.60 Office Supplies and Equipment $3,000 Travel, Workshops, etc. $1,000 Advertising $1,000 Professional Services $10,000 Total $65,411.60 There will also be additional administrative income from SHIP program loan repayments and interest earned. - 19 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 28 EXHIBIT B Timeline for SHIP Expenditures Indian River County affirms that funds allocated for these fiscal years will meet the following deadlines: Fiscal Year Encumbered Expended lst Year AR 2nd Year AR Closeout AR 2018-2019 6/30/2020 6/30/2021 9/15/2019 9/15/2020 9/15/2021 2019-2020 6/30/2021 6/30/2022 9/15/2020 9/15/2021 9/15/2022 2020-2021 1 6/30/2022 6/30/2023 9/15/2021 9/15/2022 9/15/2023 If funds allocated for these fiscal years is not anticipated to meet any of the deadlines in the table above, Florida Housing Finance Corporation will be notified according to the following chart: Fiscal Year Funds Not Encumbered Funds Not Expended 111 Year AR Not Submitted 211 Year AR Not Submitted Closeout AR Not Submitted 2018-2019 3/30/2020 3/30/2021 6/15/2019 6/15/2020 6/15/2021 2019-2020 3/30/2021 3/30/2022 6/15/2020 6/15/2021 6/15/2022 2020-2021 3/30/2022 3/30/2023 f 6/15/2021 6/15/2022 6/15/2023 Requests for Expenditure Extensions (close-out year ONLY) must be received by FHFC by June 15 of the year in which funds are required to be expended. The extension request shall be emailed to robert.dearduff(a)floridahousing.org and terry.auringer(iDfloridahousing.org and include: 1. A statement that "(city/county) requests an extension to the expenditure deadline for fiscal year 2. The amount of funds that is not expended. 3. The amount of funds that is not encumbered or has been recaptured. 4. A detailed plan of how/when the money will be expended. Note: an extension to the expenditure deadline (June 30) does not relieve the requirement to submit (September 1 S) the annual report online detailing all funds that have been expended. Please email terry.auringergfloridahousing.org when you are ready to "submit" the AR. Other Key Deadlines: AHAC reports are due for each local government the same year as the local government's LHAP being submitted. Local governments receiving the minimum or less allocation are not required to report. — 20 — F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 29 EXHIBIT C : ... :, '�l . ....... .. .. ... .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ....... .. X ::4 . ....... .. . ....... ... X. ..... ...... ...... ...... ... .. ..... X 8. S. 8. . .... .. ..... ...... ...... ... ...... .. .. .. ...... .. ..... ....... X., 11 o rL o LL w ..... . .. .. .. ... ... .. .. ... .. .. .. ..... . ...... Z u .. .. .. .. .... C4 0 Q Q N capX. :J: Z... ....... .. .. .... . ...... m 0 ... .. ..... ....... ...... X .. .. .. . $2 ..... ...... .. ..... X. ....... OR ..... ..... .. ..... . ...... ... .. .. .. .... . ...... ... .. ..... ..... . ...... re :U ..... . ...... .... . ...... ... .. ..... ..... . ...... ... .. .. .. .... . ...... ... .. ..... ..... . ...... ... .. ..... ..... .. .. .. . ...... .. ..... . ...... .. ..... . ...... ...... . ...... o 6 91 19 A Id — 21 — F:\Community Development\SHIP\LHAP\2018-2021 LRAP\2018-2021 LHAP - final submittal.doc 30 EXHIBIT C P1 Eff2m a v Ci of ...... ....... z 0 rx V ... ...... ...... ...... ...... 0 0 0 ....... ...... ....... A;: ....... ....... ...... - ....... L) ci a 0 z (D ...... ....... z....... uj 0 -j ....... .... ....... z ....... Q CIO N 0 m ....... 0 j....... ...... ....... LL u .... .. o LU ... ....... u w v to m Q W 49 ....... ....... cc ...... ....... W wj — 22 — F:\Community Development\SHIP\LHAP\2018-2021 LRAP\2018-2021 LHAP - final submittal.doc 31 EXHIBIT C ;t - 23 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doC 32 EXHIBIT D k TUP CON =;ITIFiCA '1C1t1 M LAST PAGE J.R. SMITH, CLERK CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government or Interlocal Entity: Indian River County. Florida Certifies that: (1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907-420.9079, Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be unable to comply with any provision of the local housing assistance plan (LHAP). (6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing.for review and/or approval within 21 days after adoption. (9) The. trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a hyperlink to the document shall be provided to Florida Housing by June 30 of the applicable year. -24- FACommunity Devejopment\SHIP\LHAP\2018-2021 LHAP 24 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 33 (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. shall be provided to Florida housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. (14) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 20 years, except for deferred payment loans or loans that extend beyond 20 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami -Dade County). Witness Chief Elected Official or &si2nee .-tv rW'1!Y0*:-,_ Witness Board of County Commissioners, Q' rm BCC Approved: December 5, Date E 9 OR Attest: Jeffrey R. Smith, Clerk of Court arAd (pp mtroller :V_4b7h. W%d34Gi U THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. E c �,S41TH. CCLERK. &Y �✓L— D.0 -25- APPROVED AS TO FORM ANfAL 11FF 1 e WILLIAM K. 6EBRAAL DEPUTY COUNTY ATTORNEY ENCommunity Developmenl\SHIP\LHAP\2018-2021 LHAP - 25 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 34 EXHIBIT E ii AU" c Ct my wE?MfICA':ION ON LAST PACE A. ""VITll, CLERI; RESOLUTION #: 2017 - 11$ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-3.17 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop at least every three -years a Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy within its Local Housing Assistance Plan; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; and WHEREAS, as required by section 420.9075, F.S. If it is found that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan, the local government may use up to 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund to administer the program. -26- FACommuniry Developmen0SHIPTHAP12018-2021 LHAP — 26 — F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 35 v0 7 tT1s104;1%1sCil' I.AST PACE RESOLUTION #: 2017---1 1 R WHEREAS, the Indian River County Community Development Department has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the Board of County Commissioners made a determination that it is in the best interest of the Indian River County citizens to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and WHEREAS, this resolution replaces and supersedes resolution 42015-050, that was approved by the Board on April 21, 2015. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 1: The Board of County Commissioners of Indian River County hereby approve the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2018-2019, 2019-2020, 2020-2021. Section 2: The Community Development Director, is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation. as related to the Local Housing Assistance Plan, and perform all necessary and proper tasks to carry out the term and conditions of said plan. Section 3: The County shall utilize up to 10 percent of the local housing distribution plus 5 percent of the program income deposited into the trust fund to administer the program. -z7- FACommunity Development\SHiP\LHAP12018-2021 LHAP — 27 — F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 36 RESOLUTION #: 2017-_.118_. Section 4: This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner F1 tg r , and seconded by Commissioner Adams , and being put to a vote, the vote was as follows: Chairman, Peter D. O'Bryan AYE Vice Chairman, Bob Solari AYE Commissioner, Joseph E. Flescher AYE Commissioner, Tim Zorc AYE Commissioner, Susan Adams AYE The Chairman thereupon declared the resolution duly passed and adopted this 5th day Of Dec- ber 2017. Board of County Commissioners of Indian River County By: 1 ATTEST by: Jeffrey R. Smith, Clerk of the Circuit Court & Comptroller STAIE OF FLORIDA INDIAN RIVER COUNTY APPROVED AS TO FORM AND THIS IS TO CERTIFY THAT THIS IS LEGAL SUFFICIENCY A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE I�7w� CLERK Dylan Reingold IDATE l County Attorney D.t FXommunity Development\SH1P\LHAP\2018-2021 LHAP -28- — 28 — F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 37 EXHIBIT F No change to the Original Ordinance EXHIBIT G No Interlocal Agreement - 29 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc K EXHIBIT H STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: Indian River County, Florida CHIEF ELECTED OFFICIAL: Joseph E. Flescher, Chairman, Board of County Commissioners ADDRESS: 1801 271 Street, Vero Beach, FL 32960 SHIP ADMINISTRATOR: Sasan Rohani, AICP, Chief, Long Range Planning ADDRESS: 180127' Street, Vero Beach, FL 32960 TELEPHONE: (772) 226-1250 FAX: (772) 226-1922 EMAIL ADDRESS: srohdnip_ircgov.com ADDITIONAL SHIP CONTACTS: Dawn Bradford, Housing Coordinator ADDRESS: 180127' Street, Vero Beach, FL 32960 EMAIL ADDRESS: dbradfordp_irceov.com SENIOR ECONOMIC DEVELOPMENT PLANNER Bill Schutt, AICP ADDRESS: 180127' Street, Vero Beach, FL 32960 EMAIL ADDRESS: bschutt@ircgov.com INTERLOCAL AGREEMENT: NO (IF yes, list other participants in the inter -local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000674 MAIL DISBURSEMENT TO: Board of County Commissioners, Indian River ADDRESS: 1801 27h Street, Vero Beach, FL 32960 OR: IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: ❑ NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 - 30 - F:\Community Development\SHIP\LHAP\2018-2021 LHAP\2018-2021 LHAP - final submittal.doc 39 0 Ic April 3, 2018 INFORMATIONAL ITEM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 23, 2017 SUBJECT: 2018 ELECTION OF BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE CHAIR AND VICE -CHAIR FROM: Lisa Hill Commissioner Assistant At its March 19, 2018, meeting, the Beach and Shore Preservation Advisory Committee members voted to elect Mr. Michael Ochsner as Chairman and Mr. Bob Anderson as Vice Chairman of the Committee for the year 2018. No Board of County Commissioners action is required. 40 lia 3120180015906 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, GLERK OF COURT INDIAN RIVER COUNTY FL BK: 3100 PG: 1027 Page 1 of 6 3/162018 2:06 'PM ORDINANCE NO. 0-18-03 AN ORDINANCE OF THE CITY OF SEBSTIAN, FLORIDA, PROVIDING FOR THE. VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 182.87 ACRES, MORE OR LESS, LOCATED SOUTH OF VACANT "INDUSTRIAL -ZONED" LAND, WEST OF THE FEC RAILROAD AND OLD DIXIE HIGHWAY, AND NORTH AND EAST OF SEBASTIAN HIGHLANDS AND SOUTH MOON UNDER RESIDENTIAL SUBDIVISIONS; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR. INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT AND SEVERABLILITY; AND PROVIDING FOR AN EFFECTIVE DATE. r 8-/x,37 WHEREAS, the owners of real property in an unincorporated enclave of Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian, and being reasonably compact, petitions the governing body of the City of Sebastian to be voluntarily annexed into'the municipality; and WHEREAS, the City Council of the City of Sebastian, Florida finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the corporate limits of the City of Sebastian, Florida and the boundary lines of said City are hereby redefined to include said real property: See attached Exhibit `1' and as shown on the map within said Exhibit `1', containing 182.87 acres, more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. NOTICE. That notice of this ordinance has been posted in accordance with Section 171.044, Florida Statutes. Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder . of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provisions. Section 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember Hill The motion was seconded by Councilmember McPartlan and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice Mayor Linda Kinchen aye Councilmember Ed Dodd aye Councilmember Albert Iovino aye Councilmember Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted this 14ffi day of March, 2018. CITY OF SE A STIAN, FLORIDA By: - Ji / 1, Mayor 2 1. a 40 -a ATTEST: r9ftnette Williams, MMC ex f-�` • � 1i'� 1t. �S5 � J .r 3 Approved as to form and legality for reliance by the City, of Sebastian only: James /Stokes, City Attorney EXHIBIT '1' THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST. THE EAST ONE-HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST. THE SOUTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF • THE SOUTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST.. THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST. THE SOUTH .ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE-. QUARTER. OF THE SOUTHEAST ONE- QUARTER OF SECTION 7, TOWNSHIP 31 SO.UTH,'RANGE 39 EAST. THE EAST FOUR (4) ACRES (MORE. OR LESS) OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE' SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST. THE WEST SIX (6) ACRES OF THE .NORTH ONE=HALF OF THE NORTH ONE=HALF. OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST. BEGINNING AT THE SOUTHWEST CORNER OF ..THE NORTH 6.34 ACRES OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF. -THE SOUTHEAST ONE- QUARTER, THENCE RUN NORTH. 208 FEET, THENCE RUN EAST 838 FEET, THENCE RUN SOUTHEASTERLY TO A POINT' WHICH SAID POINT IS ON THE SOUTH LINE OF THE NORTH 6.3.4 ACRES AFORESAID, THENCE RUN WESTERLY 927 FEET TO THE POINT OF BEGINNING. BEINGJN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST. THAT PART OF THE SOUTH .ONE-HALF . OF . THE. NORTH ONE-HALF. OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER; LYING WESTERLY OF THE RIGHT= OF -WAY OF OLD DIXIE HIGHWAY, BEING IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST. "THE EAST 20.00 ACRES OF THE NE 1/4 OF THE NE 1/4 OF SECTION 18, TOWNSHIP 31 SOUTH,. RANGE 39 EAST OF INDIAN RIVER COUNTY, FLORIDA." "THE WEST 1/2 OF THE NW 1/4 OF THE NW 1/4 AND THAT PART OF THE NE 1/4 OF THE NW 1/4 OF THE NW 1/4 LYING WESTERLY OF THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAIL WAY. (100' WIDE R.O.W.), SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF INDIAN RIVER COUNTY, FLORIDA" 'k4 "THE NORTH 100. 00 FEET OF THAT PART OF THE NORTH 1/2 OF THE SE 1/4 OF THE NW 1/4 OF THE NW 1/4, LYING WESTERLY OF THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAIL WAY (100' WIDE R.O.W.), SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF INDIAN RIVER COUNTY, FLORIDA" TOTAL SURVEYED PARCELS CONTAINING: 7,394,192.69 S.F. OR 169.75 ACRES MORE OR LESS AND THE SOUTH 13.66 ACRES OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE- QUARTER, SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS RAILROAD RIGHT-OF-WAY. TOTAL SURVEYED PARCELS CONTAINING: 567,321.20 + 4;417.39 = 571,738.50 S.F. OR 13.13 ACRES MORE OR LESS 7 u►��'avE°R_ �L 0 300 600 SCALE: (1 Inch = 600 Feet) U '""" "°`'°' CARTER ASSOCIATES, INC. SIntY IYII AM ,ROJ.1 , i742E7 J ��,f.tS ` 0 �• REF.M ....�w_....�,..�.�..:..�.�......�:_. �.. _....._..__�...�—_.�.___ !' t a ,1 + � m r, �h z T. t, •) PELAWE RQ" e 1 lye , X F13"ER CQtC.c �6: j o s T '�- - FZCHER 7 u►��'avE°R_ �L 0 300 600 SCALE: (1 Inch = 600 Feet) U '""" "°`'°' CARTER ASSOCIATES, INC. SIntY IYII AM ,ROJ.1 , i742E7 CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET, VERO BEACH, FL 32960 0 TEL: (772) 562-4191 FAX: (772) 562-7180 REF.M ....�w_....�,..�.�..:..�.�......�:_. �.. _....._..__�...�—_.�.___ F.B. RPG. 7 u►��'avE°R_ �L 0 300 600 SCALE: (1 Inch = 600 Feet) U '""" "°`'°' CARTER ASSOCIATES, INC. SIntY IYII AM ,ROJ.1 , i742E7 CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET, VERO BEACH, FL 32960 RAW A ABY PPD. D.BYBY:c.IR : JHB PLOTBY : Ckd RaNu TEL: (772) 562-4191 FAX: (772) 562-7180 REF.M ....�w_....�,..�.�..:..�.�......�:_. �.. _....._..__�...�—_.�.___ F.B. RPG. 1 _ 1 WtILYQYE "- y PROPOSED ANNEXATION IL SHEET 1 of 1 BOUNDARY OVER AERIAL IMAGERY J 0,,,9.,p. 4D—�o CRY OF HOME OF PELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 (772) 388-8215 iwilliams(akityofsebastian.org March 15, 2018 Jason Brown County Administrator Indian River County Administration 1801 27th Street Vero Beach, FL 32960 Dear Mr. Brown: Indian 0,. County BAR 21 Z018 Office of the County AdministrCdor Please be advised that 182.87 acres, more or less, located south of vacant, ' industrial -zoned land that is west of the FEC Railroad and Old Dixie Highway, and northeast of.the South Moon Under residential subdivision was annexed into the City of Sebastian by City Council at their March 14, 2018 meeting. Please find enclosed a copy of the adopting ordinance with a map and legal description of the property. If you have any questions regarding this annexation, please do not hesitate to contact the Community Development Director, Lisa Frazier, at (772) 388-8228. Sin erely, `p 4&yt� J6bnette Williams, MMC City Clerk Jw. Enclosure: Ordinance No. 0-18-03 J INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Stan Boling, AICP, Community Development Director FROM: Sasan Rohani, AICP, Chief, Long -Range Planning DATE: March 26, 2018 SUBJECT: Continuing Participation with St. Lucie County and Martin County in the Treasure Coast HOME Program Consortium It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 3, 2018. BACKGROUND & ANALYSIS Although the HOME Investment Partnership program is competitive for individual small jurisdictions, large counties get entitlement funding from the HOME program. Smaller counties can also become entitlement communities if several join together and establish a HOME consortium. By being part of a consortium, a smaller county such as Indian River County does not need to compete with other applicants for HOME funds. Currently, Indian River County is part of a HOME consortium with Martin and St. Lucie Counties. Consequently, as long as Indian River County is part of the Treasure Coast HOME program consortium with St. Lucie County and Martin County, the county will receive HOME funds each year. In order to receive the HOME funds from HUD the Indian River County Board of County Commissioners (BCC) passed Resolution No. 2006-057 and authorized execution of the Treasure Coast HOME Consortium agreement. Later, on August 8, 2007, Indian River County entered into an agreement with Martin and St. Lucie Counties to form the Treasure Coast HOME Consortium. St. Lucie County is the lead agency for the Treasure Coast HOME Consortium; it receives all HOME funds, processes all applications, and disburses all HOME funds. The HOME program planning and funding cycle operates in multi-year increments. As structured, St. Lucie County retains all program administration funds to fund its cost of running the program. Since forming the Treasure Coast HOME Consortium, 50 households within Indian River County have been assisted with about $900,000 in HOME funds. Currently, Indian River County receives about $82,500 of HOME funds per year. Within Indian River County, HOME funds are used by Habitat for Humanity's clients to assist with down payment/closing costs and/or construction of new homes. On April 4, 2017, as part of an item related to HUD's 2015 Affirmatively Furthering Fair Housing (AFFA) the Board considered continuing participation in the Treasure Coast HOME program Consortium. At that time, the Board voted 5-0 to continue Indian River County's participation in the HOME Consortium after the 2018 expiration of the then current funding cycle. Recently, St. Lucie County staff asked Indian River County staff to verify IRC's participation in the next HOME funding cycle. Based on the Board's April 4, 2017 vote, county staff confirmed that IRC intends to participate in the next HOME Program consortium cycle. 41 RECOMMENDATION This staff report is for the Board's information; no action is needed at this time. FXommunity Development\HOME Program\HOME PROGRAM ADMIN files\2018 BCC Report\2018 BCC Staff Report April 3,2018 -HOME Participation.docx 42 7r INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: March 26, 2018 FROM: Michael Smykowski Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 3/26/18. ATTACHED: • All Aboard Fl. expenses through 3/26/18 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 3/26/18 spreadsheet. 43 All Aboard Florida Expenses Indian River County 44 Board approved expenses of $186,921 prior to 3/24/15 autorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 -16/17 in addition to prior authorizations Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 3/14/2018 Bryan Cave LLP $58,782.89 Fees for Legal Services -Jan 2018 3/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan 2/20/2018 Bryan Cave LLP $32,662.90 Fees for Legal Services -Dec 2017 2/2/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Dec 1/17/2018 Bryan Cave LLP $6,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McDermot,Will & Emery LLP $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $137,893.85 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP $2,995.50 Fees for Legasl Services -Sept 2017 9/30/2017 Bryan Cave LLP $1,119.00 Fees for Legal Services -Aug 2017 9/27/2017 Bryan Cave LLP $13,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services -lune 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP $823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services -Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 44 All Aboard Florida Expenses Indian River County 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds 8/5/2016 GK Environmental Subtotal Expenses FY 15/16 $807,167.15 $928.37 AAF Hearing 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 *Split between St.Lucie, Indian River, and Martin Counties AcctN00110214-033190-15023 Other Professional Services 4/28/2017 Martin County 50% reimbursement -$3,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consulants $13,396.11 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Subtotal Expenses FY 16/17 $18,779.15 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consulants $24,758.59 Review AAF 90%& plans 9/30/2016 Atkins North America,inc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dyland Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 45 All Aboard Florida Expenses Indian River County Acct#00110111-034020-15023 All Travel 9/30/2017 Delta Air $191.80 9/30/2017 American Airlines $193.20 9/30/2017 let Blue $168.20 9/30/2017 Jet Blue $25.00 9/30/2017 Bob Solari -travel to Washington DC $869.98 with OMB,Senator & Congressman & FDOT Acct#00130214-034020-15023 All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $3,029.76 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahasse AL P -Dylan Reingold 12/16/2015 Kimberely Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 17/18 $137,893.85 Total Expenses 16/17 $223,471.97 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 3/26/18 $2,432,270.38 Total Board authorized budget for FY 17/18 $592,544.00 Total Board authorized budget for FY 16/17 $223,471.00 Total Board authorized budget for FY 15/16 $870,868.00 Total Board authorized budget for FY 14/15 $1,154,212.00 Total Board authorized budget for FY 13/14 $45,826.00 Total budgeted 13/14-17/18 $2,886,921.00 Remaining Balance $454,650.62 46 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman $880.00 2/9/2016 Subtotal Expenses FY 16/17 $880.00 9/30/2016 Berger Singerman $1,072.50 9/20/2016 Berger Singerman $632.50 8/16/2016 Berger Singerman $275.00 7/19/2016 Berger Singerman $275.00 6/14/2016 Berger Singerman $605.00 5/24/2016 Berger Singerman $495.00 5/4/2016 Berger Singerman $1,650.00 2/9/2016 Berger Singerman $1,265.00 1/20/2016 Berger Singerman $11,722.50 12/22/2015 Berger Singerman $15,090.00 12/8/2015 King Reporting & Video $457.75 11/17/2015 Berger Singerman $2,172.50 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 $180,738.02 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan $12,292.50 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 Subtotal Expenses FY 13/14 $58,673.71 47 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Other Prof. Services /Legal Advertising RW Wilson & Assoc 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson & Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 9/30/2014 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson & Assoc $4,090.00 $32,724.85 5/26/2015 RW Wilson & Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 $111.26 Subtotal Expenses FY 13/14 $176.28 Travel 3/21/2018 Tim Zorc-FMPA meeting -Orlando $97.82 1/23/2018 Tim Zorc-FMPA meeting -Orlando $99.16 12/19/2017 Tim Zorc-FMPA meeting -Orlando $100.71 Subtotal Expenses FY 17/18 $297.69 3/16/2016 Dylan Reingold-FL Senate Committee mtg $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 48 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Total expenses FY 17/18 $297.69 Total expenses FY 16/17 $880.00 Total expenses FY 15/16 $69,888.77 Total expenses FY 14/15 $206,300.11 Total expenses FY 13/14 $58,849.99 Total expenses processed as of 3/26/18 $336,216.56 Budget Authorization Budget 10/1/2017 FY 17/18 Budget $68,909.00 10/1/2016 FY 16/17 Budget $69,789.00 10/1/2015 FY 15/16 Budget $69,889.00 9/15/2015 Legal Services $35,150.00 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget $404,828.00 Remaining Balance $68,611.44 49 Informational Item INDIAN RIVER COUNTY I E SOLID WASTE DISPOSAL DISTRICT 7 - BOARD BOARD MEMORANDUM 79 Date: March 23, 2018 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: Residential Paper Shredding Event on April 7, 2018 ' SWDD will be partnering with Southeast Secure Shredding to host the Spring Residential Paper Shredding Event on Saturday, April 7, 2018. All residents of Indian River County are invited to bring up to three (3) boxes/bags of paper (up to 35 lbs each) to be shredded and recycled at no cost. The event will be held from 9 am to 2 pm at Southeast Secure Shredding, located at 3910 U. S. Highway 1 in Vero Beach. From This To This: Recycled Into Thlsl FUNDING: CelebrateiE'arth Day *ith the Solid Waste Disposal District 0, dea"din per ShredJr� Event Shredded paper cannot be recycled curbside and should never be placed in your blue recycling cart. Think green this April and bring your documents to be shredded and recycled Free of Charge! Saturday, April 7, 2018 9amto2pm Southeast Secure Shredding 3910 US 1 • Vero Beach Watch your documents be securely shredded by certified professionals at No Charge! • Maximum 3 boxes/bags per vehicle (up to 35 lbs each). • Staples and paperclips are acceptable, but please remove all binders and hanging folders. • Pre-shredded,paper is acceptable (up to 3 bags). • IRC residents only. No businesses please. For more information visit i.rcrec)'cics.corn or call 770-511.2. The funding for the Spring Residential Paper Shredding Event is available in the SWDD account under Other Contractual Services in the Operating Fund. On August 15, 2017, the SWDD Board approved the sponsorship of two. Residential Paper Shredding Events in Fiscal Year 2017/18 for a total of $1,600. The first Residential Paper Shredding Event took place in the fall on November 18, 2017. Description Account Number Amount Other Contractual Services 411-25534-033490 $1,600 50 @BCL@640D995B.docx - Page 1- Informational Item INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT 7r BOARD MEMORANDUM 44 Y) 7H Date: March 23, 2018 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: Announcing the Winners of the "Drop Savers" Water Conservation Poster Contest For the first time, the Indian River County Department of Utility Services (IRCDUS) participated in the Florida Section of the American Water Works Association's (FSAWWA) annual "Drop Savers" Water Conservation Poster Contest. The contest is designed to promote water awareness and the importance of water conservation in daily life. IRCDUS received 41 submissions from 4th and 5th grade students; 16 posters from Rosewood Magnet School and 25 posters from Osceola Magnet School. Three posters were selected to win gift cards from Amazon for $50 (15t place), $25 (2nd place), and $10 (3rd place). The first place poster was submitted to FSAWWA to compete in the FSAWWA's statewide competition. In recognition of April being designated as Water Conservation Month, all 41 posters will be on display on the second floor of Administration Building A on Tuesday, April 3, 2018, and we are asking the Board to recognize our first, second and third place poster winners: Name 1s' Place Grayton Del Tufo 2nd Place Edy Dowd 3`d Place Anna Gruber FUNDING: Grade School 5 Osceola Magnet School 5 Osceola Magnet School 5 Osceola Magnet School SWDD purchased three gift cards from Amazon to give as prizes to the first place winner ($50), second place winner ($25), and third place winner ($10) of the "Drop Savers" Water Conservation Poster Contest. The gift cards were purchased using the SWDD purchasing card and came out of the SWDD account under Other Promotional Expenses. Description Account Number Amount Other Promotional Expense 411-25534-034820 $85.00 ATTACHMENTS: 1. "Drop Savers" Poster Contest Handout 2. "Drop Savers" Winning Posters 3. Photos of Drop Savers Winners 51 @BCL@940D2BD2.docx - Page 1- FtoxmA N - "Drop Savers" Poster Contest Handout Overview Indian River County Utilities (IRCU) cordially invites students to participate in our "Drop Savers" poster contest. Students in grades 4-5 are encouraged to create a poster depicting a water conservation idea in slogan form, drawing form, or both. The contest teaches school children about the importance of water conservation. We feel that our best opportunity to conserve water is through a long-range education and awareness program, and what better way than to begin with our young people. Poster Contest Guidelines The contest is part of the Florida Section of the American Water Works Association (FSAWWA) which collects posters from grades K-12 and designates the posters into five divisions. This is the first year. that IRCU is participating in this contest so for this pilot we we will only be collecting posters from the following division: Division 3: Fourth and Fifth Grade • Poster shall be drawn on an 8 Y2" x 11"piece of paper. It could be drawn vertically or horizontally. Please include the students name, school and grade level on the back of the poster. • Each poster must portray a water conservation idea in a slogan, drawing, or both. Students may use crayons, paint, color pencils, or markers. No highlighters, photos, or computer graphics are permitted. • Students must work on posters individually, otherwise posters will be disqualified. • Only original artwork will be accepted (no trade -marked or copyrighted materials). • Collected posters might not be returned to the student. Consider taking a picture of your poster or making a copy for yourself before submitting your poster. Judging • Posters will be judged for the message, creativity, and originality (not just artistic ability). • IRC employees will collect the poster submissions from the school's main office on Monday March 5, 2018. IRCU panel of judges will select a 1st, 2nd and 3rd place winner. • Remember that students are to create a poster depicting a Water Conservation idea! "Don't Pollute the Water" is a good theme, but is not really water conservation. Prizes 1) Participants will receive a pencil and a "Living Green" bookmark. These prizes will be dropped off at the school's main office when IRCU employees pick up the posters. 2) Artwork will be displayed in the County Administration Building at 1801 27th St., Vero Beach. 3) Winning posters will be recognized by the Board of County Commissioners. 4) Poster winners will receive gift cards from Amazon: $50 for 1st place, $25 for 2nd place, and $10 for 3rd place. 5) The first place poster will be submitted to the FSAWWA statewide Drop Savers poster contest and the winner may obtain additional prices. For more information about the FSAWWA contest.visit http://fsawwa.org. DEADLINE Monday, March 5, 2018 IRCU employees will come to the school and collect the poster submissions. Please ensure that all poster submissions are in the school's main office by March 5, 2018. 52 0 0 Q% u S G v _ ca ca u a' t ? ;, iii a ; c7 0 O N 14 �"...ar ' Y�' i'.' � Y � ! w •} f � 5 A Y 5 j 'qp ! �S/y, ! s 1 Y � } t,� yx it Yf - 4 q..u�'j �Q I Y t,, 4:•,�* r N t, � A +fE _ ! „YC a �.c• 0�01Vit tl �x 17 Evi� �t. - �a��l�rY"y�%t? ^ice �'L � ..x. ,_ . •�;� � t"�•,�.�" s A` Nt % ' + ., r k �7' �� a ° •.�..vx n .f ♦ � aye � . f � +�";�' «",fig ; j _ `� eta r e � � ''t '��u'+ ia� a• ; A 0 0 x oj U U c� a cd wc7O own r� C/) v-4 I s JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit. Court & Comptroller Finance Department 1801 2Th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM.: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 1.5, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 9, 2018 to March 15, 2018 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 Comptrollers office, for the time period of March 9, 2018 to March 15, 2018. 58 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 364631 03/09/2018 FLORIDA BLUE 727.94 364632 03/15/2018 UTIL REFUNDS 22.31 364633 03/15/2018 UTIL REFUNDS 65.06 364634 03/15/2018 UTIL REFUNDS 12.92 364635 03/15/2018 UTILREFUNDS 11.00 364636 03/15/2018 UTIL REFUNDS 67.60 364637 03/15/2018 UTILREFUNDS 66.96 364638 03/15/2018 UTIL REFUNDS 79.90 364639 03/15/2018 UTIL REFUNDS 31.93 364640 03/15/201.8 UTIL REFUNDS 100.21 364641 03/15/2018 UTIL REFUNDS 148.12 364642 03/15/201.8 UTIL REFUNDS 75.16. 364643 03/15/2018 UTIL REFUNDS 75.18 364644 03/15/2018 UTIL REFUNDS 46.95 364645 03/15/2018 UTIL REFUNDS 38.25 364646 03/15/2018 UTIL REFUNDS 83.85 364647 03/15/2018 UTIL REFUNDS 73.11 364648 03/15/2018 UTIL REFUNDS 72.32 364649 03/15/2018 UTIL REFUNDS 44.39 364650 03/15/2018 UTIL REFUNDS 43.54 364651 03/15/2018 UTIL REFUNDS 88.88 364652 03/15/2018 'UTIL REFUNDS 34.50 364653 03/15/2018 UTIL REFUNDS 78.47 364654 03/15/2018 UTIL REFUNDS 31.37 364655 03/15/2018 UTIL REFUNDS 158.77 364656 03/15/2018 UTIL REFUNDS 83.83 364657 03/15/2018 UTIL REFUNDS 29.17 364658 03/15/2018 UTIL REFUNDS 38.90 364659 03/15/2018 UTILREFUNDS 15.35 364660 03/15/2018 UTIL REFUNDS 40.33 364661 03/15/2018 UTIL REFUNDS 30.47 364662 03/15/2018 UTIL REFUNDS 3.76 364663 03/15/2018 UTIL REFUNDS 89.37 364664 03/15/2018 UTIL REFUNDS 80.86 364665 03/15/2018 UTIL REFUNDS 34.78 364666 03/15/2018 UTIL REFUNDS 83.84 364667 03/15/2018 UTIL REFUNDS 29.65 364668 03/15/2018 UTIL REFUNDS 81.64 364669 03/1512018 UTIL REFUNDS 85.29 364670 03/15/2018 UTIL REFUNDS 4.30 364671 03/15/2018 UTIL REFUNDS 43.15 364672 03/15/201.8 UTIL REFUNDS 67.27 364673 03/15/2018 UTIL REFUNDS 6.32 364674 03/1.5/2018 UTIL REFUNDS 36.06 364675 03/.15/2018 UTIL REFUNDS 82.50 364676 03/15/20.18 UTILREFUNDS 6.20 364677 03/15/2018 UTIL REFUNDS 160.12 364678 03/15/2018 UTIL REFUNDS 5.19 364679 03/1.5/2018 UTIL REFUNDS 78.80 364680 03/1.5/2018 PORT CONSOLIDATED INC 39,167.46 364681 03/15/2018 FIRE EQUIPMENT SVC OF ST LUCIE INC 849.20 364682 03/15/2018 JORDAN MOWER INC 328.38 364683 03/.15/2018 COMMUNICATIONS INTERNATIONAL 2,866.49 364684 03/15/2018 LENGEMANN CORP 736.84 364685 03/15/2018 RANGER CONSTRUCTION IND INC 847.03 364686 03/15/2018 VERO CHEMICAL DISTRIBUTORS INC 404.40 364687 03/15/2018 RICOH USA INC 17.54 364688 03/1.5/2018 KIMLEY HORN & ASSOC INC 2,014.50 59 TRANS NBR DATE VENDOR AMOUNT 364689 03/15/2018 VERMEER SOUTHEAST 220.82 364690 03/15/2018 VELDE FORD INC 1,432.73 364691 03/15/2018 SAFETY PRODUCTS INC 42.97 364692 03/15/2018 DELTA SUPPLY CO 148.27 364693 03/15/2018 KELLY TRACTOR CO 1,961.69 364694 03/15/2018 REPUBLIC SERVICES INC 901,783.73 364695 03/15/201.8 AMERIGAS EAGLE PROPANE LP 181.99 364696 03/15/2018 AMERIGAS EAGLE PROPANE LP 1,959.33 364697 03/15/2018 WILD LAND ENTERPRISES INC 206.16 364698 03/15/2018 LFI FORT PIERCE INC 794.88 364699 03/15/2018 CLIFF BERRY INC 52.50 364700 03/15/2018 KSM ENGINEERING & TESTING INC 2,400.00 364701 03/15/2018 BOUND TREE MEDICAL LLC 8,341.90 364702 03/15/2018 JAMAR TECHNOLOGIES INC 32,340.00 364703 03/15/2018 EXPRESS REEL GRINDING INC 3,500.00 364704 03/15/2018 TIRESOLES OF BROWARD INC 17,424.59 364705 03/15/2018 CALL ONE INC 1,745.00 364706 03/15/2018 CARTER ASSOCIATES INC 1,700.00 364707 03/15/2018 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 3,100.00 364708 03/15/2018 DELL MARKETING LP 846.00 364709 03/15/2018 THE GOODYEAR TIRE & RUBBER COMPANY 50.00 364710 03/15/2018 BAKER &TAYLOR INC 1,217.10 364711 03/15/2018 MIDWEST TAPE LLC 401.19 364712 03/15/2018 BAKER DISTRIBUTING CO LLC 156.67 364713 03/15/2018 CENGAGE LEARNING INC 46.13 364714 03/15/2018 PALM TRUCK CENTERS INC 627.65 364715 03/15/2018 GO COASTAL INC 698.35 364716 03/15/2018 SOFTWARE HARDWARE INTEGRATION 25,906.84 364717 03/15/2018 COMMUNITY ASPHALT CORP 194,592.40 364718 03/15/2018 CLERK OF CIRCUIT COURT 437.06 364719 03/15/2018 CLERK OF CIRCUIT COURT 2,277.10 364720 03/15/2018 INDIAN RIVER COUNTY HEALTH DEPT 311.95 364721 03/15/2018 ROGER J NICOSIA 720.00 364722 03/15/2018 CITY OF VERO BEACH 35,978.15 364723 03/15/2018 FERGUSON ENTERPRISES INC 18,607.46 364724 03/15/201.8 PUBLIX SUPERMARKETS 59.95 364725 03/15/2018 MARRIOTT FT LAUDERDALE NORTH 139.20 364726 03/15/2018 MARRIOTT FT LAUDERDALE NORTH 174.00 364727 03/15/2018 ACUSHNET COMPANY 3,296.73 364728 03/15/2018 FLORIDA WATER & POLLUTION CONTROL 305.00 364729 03/15/2018 FLORIDA WATER & POLLUTION CONTROL 405.00 364730 03/15/2018 GEOSYNTEC CONSULTANTS INC 6,709.94 364731 03/15/2018 FEDERAL EXPRESS CORP 43.00 364732 03/15/2018 FEDERAL EXPRESS CORP 67.20 364733 03/15/2018 TYLER TECHNOLOGIES INC 925.00 364734 03/15/2018 CALLAWAY GOLF SALES COMPANY 3,326.49 364735 03/15/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 7,315.52 364736 03/15/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 9,634.65 364737 03/15/2018 FLORIDA POWER AND LIGHT 40,501.47 364738 03/15/2018 FLORIDA POWER AND LIGHT 1,836.21 364739 03/15/2018 PUBLIC DEFENDER 2,906.46 364740 03/15/2018 STATE ATTORNEY 8,233.41 364741 03/15/2018 PEACE RIVER ELECTRIC COOP INC 291.56 364742 03/15/2018 NEW HORIZONS OF THE TREASURE COAST 25,127.50 364743 03/15/2018 SUNSHINE STATE ONE CALL OF FL INC 1,264.17 364744 03/15/2018 FLORIDA EMERGENCY PREPAREDNESS 200.00 364745 03/15/2018 KENNETH JAMES BINGHAM JR 120.00 364746 03/15/2018 ALAN C KAUFFMANN 220.00 364747 03/15/2018 EVENTMAKERS INTERNATIONAL LLC 766.58 364748 03/15/2018 NEXTRAN CORPORATION 100.48 60 TRANS NBR DATE VENDOR AMOUNT 364749 03/15/2018 RAMADA INN & CONFERENCE CENTER 368.72 364750 03/15/2018 RAMADA INN & CONFERENCE CENTER 368.72 364751 03/15/2018 MICHAEL E HYDE 200.00 364752 03/15/2018 DAVCO ELECTRICAL CONTRACTORS CORP 1,1.90.00 364753 03/15/2018 BRIDGESTONE AMERICAS INC 1,898.76 364754 03/1512018 THE AVANTI COMPANY INC 102.78 364755 03/15/2018 RUSSELL PAYNE INC 559.02 364756 03/15/2018 CELICO PARTNERSHIP 1,048.38 364757 03/15/2018 DAWN BRADFORD 15.58 364758 03/15/2018 CINTAS CORPORATION NO 2 95.84 364759 03/15/2018 FLORIDA DEPT OF JUVENILE JUSTICE 34,108.33 364760 03/15/2018 VAN WALINC 85.00 364761 03/15/2018 ALAN HILL 261.91 364 762 03/15/2018 FASTENAL COMPANY 14090 364763 03/15/2018 TREASURE COAST RADIATOR & MARINE INC 2,470.00 364764 03/15/2018 CENTRAL PUMP & SUPPLY INC 659.93 364765 03/15/2018 MASTELLER & MOLER INC 11,455.00 364766 03/15/2018 STAPLES CONTRACT & COMMERCIAL INC 1,808.35 364767 03/15/2018 GLOVER OIL COMPANY INC 207.20 364768 03/15/2018 GARY L EMBREY 40.00 364769 03/15/2018 LARRY STEPHENS 60.00 364770 03/15/2018 AMERICAN DRILLING SERVICES INC 8,750.00 364771 03/15/2018 PETER OBRYAI 15.53 364772 03/15/2018 PAK MAIL 133.16 364773 03/15/201.8 JOHNNYBSMITH 90.00 364774 03/15/201.8 MOORE MEDICAL LLC 1,507.17 364775 03/15/2018 DYNAMIC AIR QUALITY & COOLING INC 620.00 364776 03/15/2018 MICHAEL KORPAR 60.00 364777 03/15/2018 FRASER, GLENN D 507.20 364778 03/15/2018 TREASURE COAST FOOD BANK INC 230.36 364779 03/15/2018 K'S COMMERCIAL CLEANING 660.00 364780 03/15/2018 EQ THE ENVIRONMENTAL QUALITY COMPANY 24,391.00 364781 03115/2018 LAZENBY & ASSOCIATES INC 1,038.86 364782 03/15/2018 HELPING ANIMALS LIVE -OVERCOME 8.00 364783 03/15/2018 THOMPSONS REMODELING & HOME REPAIR INC 45.00 364784 03/15/2018 FLORIDA ARMATURE WORKS INC 5,832.03 364785 03/.15/2018 JOSEPH CATALANO 40.00 364786 03115/2018 AUTOMATIONDIRECT.COM INC 1,319.25 364787 03/15/2018 JOSHUA HARVEY GHIZ 150.00 364788 03/15/2018 REPROGRAPHIC SOLUTIONS INC 5.46 364789 03/15/2018 LOWES HOME CENTERS INC 2,187.20 364790 03/15/2018 MUNICIPAL EMERGENCY SERVICES INC 1,520.00 364791 03/15/2018 ALEX MIKLO 110.00 364792 03/15/2018 BURNETT LIME CO INC 6,392.40 364793 03/15/2018 BURNETT LIME CO INC 112.50 364794 03/15/2018 SOU 1-TWIDE INDUSTRIES INC 18,227.94 364795 03/15/2018 PENGUIN RANDOM HOUSE LLC 241.50 364796 03/15/2018 SAMBA HOLDINGS INC 1,268.03 364797 03/15/2018 REI ENGINEERS INC 1,550.00 364798 03/15/2018 THE LAW OFFICES OF 681.00 364799 03/15/2018 AMERITAS 26,613.92 364800 03/1.5/2018 BRYAN CAVE LLP 58,782.89 364801 03/15/2018 RONALD NICHELSON 40.00 364802 03/15/2618 STEPHEN G NEILL 2,703.75 364803 03/15/2018 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 364804 03/15/2018 SYLIVIAMILLER 76.00 364805 03/15/2018 HAWKINS INC 507.50 364806 03/15/2018 ANFIELD CONSULTING GROUP INC 10,000.00 364807 03/15/2018 ENCORE ONE LLC 11083.87 364808 03115/2018 RANDY KING 1,954.46 61 TRAINS NBR DATE AIENDOR AA10UNT 364809 03/15/2018 BAUER INTERNATIONAL, PURVEYORS LLC 1,998.00 364810 03/15/2018 KAMAN INDUSTRLALTEC14NOLOGIES CORPORATION 214.66 364811 03/15/2018 SCRIPPS NP OPERATING LLC 262.59 364812 03/1512018 SCRIPPS NP OPERATING LLC 450.45 364813 03/15/2018 UNIFIRST CORPORATION 762.17 364814 03115/29018 SCHUMACHER AUTOMOTIVE- DELRAY LLC 126.94 3648.15 03/15/2018 SITEONE LANDSCAPE SUPPLY LLC 240.70 364816 03/15/2018 ADVANCE STORES COMPANY INCORPORATED 80.86 364817 03/15/2018 GUARDIAN ALARM OF FLORIDA LLC 170.00 364818 03/15/2018 EGP DOCUMENT SOLUTIONS LLC 159.88 364819 03/15/2018 MICHAEL CHURCH 41.00 364820 03/15/2018 RUSSELL L OVEN 111 60.00 364821 03/15/2018 AMERICAN TRAINCO LLC 21200.00 364822 03/15/2018 EDWARD ILLIDGE 60-00 364823 03/15/2018 BUSY BEE LAWN & GARDEN CENTER INC 17.99 364824 03/15/2018 COVERALL NORTH AMERICA INC 215-00 364825 03/15/2018 K ELSIES BLINDS 960.00 364826 03/15/2018 PEOPLE READY TNTC 7,963.94 364827 03/15/201.8 ROBERT 0 RICHARDSON Ili 80.00 364828 03/15/2018 COLE AUTO SUPPLY INC 2,662.31 364829 03/15/2018 PUCHSTEJN PROMOTIONS LLC 250.00 364830 03/15/2018 MARISAALEXANDER 44.00 364831 03/15/2018 SHELTRA & SONS CONTRACTING LLC 17,844.20 364832 03/15/2018 FORERUNNER TECHNOLOGIES INC 4,456.00 364833 03/15/2018 BETH NOLAN 75.00 364834 0.3 VI 5/2018 ALLAN D KELLERA4AN 431783.00 364835 03/15/2018 ADVANCED ROOFING INC 284,680.03 364836 03/15/2018 THOMAS R. PILIERO 44.00 .364837 03/192018 NESTLE WATERS NORTH AMERICA :68.33 364838 03/15/2018 CORE & MAIN LP 11,721.25 364839 03/15/2018 JOHN WALCOTT 123.00 364,840 03/15/2018 ERIC- SKALA 120.00 364841 03/15/2018 DJD EQUIPMENT HOLDINGS LLC 386.37 364842 03/15/2018 IMPACT SPORT SURFACES LLC 6,350.00 364843 03/15/2018 XrYLEMl DEWATERING SOLUTIONS INC 150,000-00 364844 03/15/2018 STEPHEN STONE 100.00 364845 03/15/2018 JOSEPI-I LORINO 120.00 364846 03/15/2018 SHAWN MC CLAIN 100.00 364847 03/15/2.018 KAREN RUDDY 68.38 364848 03/15/2,018 MS APPRAISAL SERVICES LLC 2,520.00 364849 03/15/2018 :DANIEL SMITH 108-00 364850 03/15/2018 MONIQUE- FILIPIAK 139-00 364851 03/15/2018 FLASSOC OF HOUSING & REDEVELOPMENT OFFICIAl 3,675.00 364852 03/15/2018 UTIL REFUNDS 38.25 364853 03/15/2018 UTIL REFUNDS 61.38 364854 03115/2018 UTIL RE -FUNDS 61.38 364855 03/15/2018 UTIL REFUNDS 54.82 364856 03/15/2018 UTIL REFUNDS 56.70 364857 03/15/2018 UTIL REFUNDS 82:88 364858 03/15/2.018 UTIL REFUNDS 36.16 364859 03/15/2018 UTIL REFUNDS 81.64 364860 03/15/2018 UTIL REFUNDS 36.97 364861 03/15/2018 UTIL REFUNDS 343.36 364862 03/15/2018 UTIL REFUNDS 16.86 364863 03/15/2,018 UTIL REFUNDS. 40.78 364864 03/15/2018 UTILREFUNDS 54.44 364865 03/15/2018 UTIL REFUNDS 100.00 364866 03/15/2018 UTIL REFUNDS 56.55 364867 03/15/2.018 UTIL REFUNDS 89.37 364868 03/151018 UTIL REFUNDS 84.00 62 4 TRANS NBR DATE VENDOR AMOUNT 364869 03/15/2018 UTIL REFUNDS 41.89 364870 03/15/2018 UTIL REFUNDS 28.18 364871 03/15/201.8 UTIL REFUNDS 69.07 364872 03/15/2018 UTIL REFUNDS 4.75 364873 03/15/2018 UTIL REFUNDS 65.32 364874 03/15/2018 UTILREFUNDS 45.30 364875 03/15/2018 UTILREFUNDS 34.00 364876 03/15/2018 UTILREFUNDS 25.57 364877 03/15/2018 UTIL REFUNDS 82.87 364878 03/15/2018 UTILREFUNDS 95.34 364879 03/15/201.8 UTIL REFUNDS 1.94 364880 03/15/2018 UTIL REFUNDS 15.40 364881 03/15/2018 UTIL REFUNDS 21.09 364882 03/15/2018 UTILREFUNDS 78.02 364883 03/15/2018 UTILREFUNDS 105.28 364884 03/15/20.18 UTILREFUNDS 45.58 364885 03/15/2018 UTIL REFUNDS 43.28 364886 03/15/2018 UTIL REFUNDS 71.43 364887 03/15/2018 UTIL REFUNDS 100.00 364888 03/15/2018 UTIL REFUNDS 75.88 364889 03/15/2018 UTILREFUNDS 42.61 364890 03/15/2018 UTILREFUNDS 14.34 364891 03/15/2018 UTIL REFUNDS 70.70 364892 03115/2018 UTIL REFUNDS 70.42 364893 03/15/2018 UTIL REFUNDS 43.60 364894 03/15/2018 UTILREFUNDS 46.02 364895 03/1.5/2018 UTIL REFUNDS 41.13 364896 03/1.5/2018 UTIL REFUNDS 85.20 364897 03/1.5/2018 UTIL REFUNDS 85.19 364898 03/15/2018 UTIL REFUNDS 5.23 364899 03/15/201.8 UTIL REFUNDS 322.93 364900 03/15/2018 CANARX GROUP INC 17,178.40 Grand Total: 2;229:786.76 63 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE `TNDOR AMOUNT 1.01.2960 03/09/2018 WASTE MANAGEMENT INC 7,076.94 1012961 03/13/2018 AT&T 7,316.83 1012962 03/1.3/2018 OFFICE DEPOT 13SD CUSTOMER SVC 21133.37 1.012963 03/13/2018 WASTE MANAGEMENT INC 249.60 101.2964 03/14/2018 EVERGLADES FARM EQUIPMENT CO INC 1,658.58 1012965 03/14/2018 COLKITT SHEET METAL & A/C INC 432.00 1012966 03/14/2018 COPYCOINC 280.66 1012967 03/14/2018 HENRY SCHEIN'INC 194.08 1012968 03/14/2018 COLD AIR DISTRIBUTORS WAREHOUSE 326.36 1012969 03/14/2018 1NDIA.N RIVER BATTERY 749.80 1012970 03/14/2018 INDIAN RIVER OXYGEN INC 4_,043.25 101.2971 03/1.4/2018 GALLS LLC 235.35 1012972 03/14/2018 MEEKS PLUMBING INC 16.00 1012973 03/1.4/2018 ALLIED UNIVERSAL CORP 11,568.55 1012974 03/14/2018 NEWMANS POWER SYSTEMS 1,100.00 1012975 03/14/2018 GROVE WELDERS INC 165.26 1012976 03/14/2018 SOUTHERN COMPUTER. WAREHOUSE 1,23836 1012977 03/14/2018 ROGER CLEVELAND GOLF INC 45930 1012978 03/14/2018 TOTAL TRUCK PARTS INC 36.18 1012979 03/14/2018 COMO OIL COMPANY OF .FLORIDA 236.43 1012980 03/14/2018 GLOBAL GOLF SALES INC 57.64 1012981 03/14/2018 BARKER ELECTRIC, AIR CONDITIONING 5,368.00 1012982 03/14/2018 THOMPSON TRACTOR 454.40 1012983 03/14/2018 MIDWEST MOTOR SUPPLY CO 46.76 1012984 03/.14/2018 RECHTIEN INTERNATIONAL TRUCKS 114.95 1012985 03/14/2018 ITERIS .INC 2,840.00 1012986 03/14/2018 SOUTHERN JANITOR SUPPLY INC 3,074.31 1012987 03/ 1412018 FLORIDA LEVEL & TRANSIT CO INC 1,420.04 1012988 03/14/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2,016.11 1012989 03/14/2018 SPINNAKER VERO INC 1,110.50 1012990 03/14/2018 AUTO PARTNERS LLC 14.00 1012991 03/14/2018 L&L DISTRIBUTORS 750.23 1012992 03/14/2018 PIONEER MANUFACTURING 840.00 1012993 03/14/2018 HYDRA SERVICE (S) INC 1,367.72 1012994 03/15/2018 US CENTERS FOR MEDICARE & MEDICAID SERVICES 569.00 Grand Total: 59,560.56 64 ELECTRONIC PAYMENTS - WIRE & ACH. TRANS NBR DATE VENDOR AMOUNT 5778 03/09/2018 MUTUAL OF OMAHA 1,822.50 5779 03/09/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 10,800.00 5780 03/09/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5,473.44 5781 03/09/201.8 PARADISE TITLE 20,000.00 5782 03/09/2018 VETERANS COUNCIL OF I R C 5,713.45 5783 03/09/2018 IRC CHAMBER OF COMMERCE 34,487.59 5784 03/09/2018 KIM.LEY HORN & ASSOC INC 12,900.70 5785 03/09/2018 CDM SMITH INC 52,484.10 5786 03/09/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 51,480.25 5787 03/09/2018 IRC FIRE FIGHTERS ASSOC 9,388.08 5788 03/09/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 3,347.38 5789 03/09/2018 TOTAL ADMINISTRATIVE SERVICES CORP 10;297.94 5790 03/09/2018 I R C HEALTH INSURANCE - TRUST 80,590.16 5791 03/12/2018 IRS -PAYROLL TAXES 417,384.55 5792 03/12/2018 FLSDU 5,7.66.64 5793 03/13/2018 STEWART TITLE COMPANY INC 10,000.00 5794 03/13/2018 I R C HEALTH INSURANCE - TRUST 613,952.77 5795 03/13/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 35,350.00 5796 03/13/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 17,915.38 5797 03/13/2018 WEST HEALTH ADVOCATE SOLUTIONS INC 1,166.55 5798 03/13/2018 CHARD SNYDER & ASSOCIATES INC 282.80 5799 03/13/2018 MUTUAL OF OMAHA 16,766.65 5800 03/13/2018 ELITE TITLE 17,560.00 5801 03/13/2018 ELITE TITLE 22.,560.00 5802 03/14/2018 FLORIDADEPARTMENT OF REVENUE 1,577.97 5803 03/14/2018 FLORIDA DEPARTMENT.` OF REVENUE 2,922.65 5804 03/14/2018 FLORIDA DEPARTMENT OF REVENUE 34,068.78 5805 03/14/2018 FLORIDA DEPARTMENT OF REVENUE 3,500.39 Grand Total: 1,499,560.72 65 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 22, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 16, 2018 to March 22, 2018 Incompliance 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 Comptrollers office, for the time period of March 16, 2018 to March 22, 2018. 66 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 36490.1 03/20/2018 THE PALMS AT VERO BEACH 3,306.00 364902 03/20/2018 VERO BEACH PLACE LLC 2,880.00 364903 03/22/2018 UTIL REFUNDS 71.37 364904 03/22/2018 UTILREFUNDS 69.02 364905 03/22/2018 UTIL REFUNDS 48.40 364906 03/22/2018 UTILREFUNDS 107.1.0 364907 03/22/2018 UTILREFUNDS 37.40 364908 03/22/2018 UTIL REFUNDS 96.06 364909 03/22/2018 UTILREFUNDS 43.74 364910 03/22/20.18 UTIL REFUNDS 204.55 364911 03/22/2018 UTIL REFUNDS 3.94 36491.2 03/22/2018 UTILREFUNDS 94.89 364913 03/22/2018 UTILREFUNDS 18.79 364914 03122/2018 UTILREFUNDS 96.05 364915 03%22/2018 UTILREFUNDS 57.28 364916 03/22/2018 UTIL REFUNDS 17.17 36491.7 03/22/2018 UTILREFUNDS 21.74 364918 03/22/2018 UTILREFUNDS 43.19 364919 03/22/2018 UTILREFUNDS 42.46 364920 03/22/201.8 UTIL REFUNDS 79.14 364921 03/22/2018 UTILREFUNDS 65.85 364922 03/22/2018 UTIL REFUNDS 16.12 364923 03/22/2018 UTIL REFUNDS 102.69 364924 03/22/2018 UTILREFUNDS 6.21 364925 03/22/2018 UTIL REFUNDS 32.04 364926 03/22/2018 UTIL REFUNDS 106.32 364927 03/22/201.8 UTIL REFUNDS 33.01 364928 03/22/2018 UTILREFUNDS 41.89 364929 03/22/2018 UTILREFUNDS 86.51 364930 03/22/2018 UTIL REFUNDS 47.85 364931 03/22/2018 UTILREFUNDS 42.88 364932 03/22/2018 UTILREFUNDS 56.70 364933 03/22/2018 UTIL REFUNDS 31.03 364934 03/22/2018 UTILREFUNDS 19.89 364935 03/22/2018 UTILREFUNDS 42.75 364936 03/22/2018 UTILREFUNDS 21.96 364937 03/22/2018 UTIL REFUNDS 72.01. 364938 03/22/2018 UTILREFUNDS 17.93 364939 03/22/2018 UTIL REFUNDS 42.60 364940 03/22/2018 UTILREFUNDS 24.64 36494:1 03/22/2018 UTIL REFUNDS 14..17 364942 03/22/2018 UTILREFUNDS 37.62 364943 03/22/2018 UTIL REFUNDS 16.87 364944 03/22/2018 UTIL REFUNDS 12.52 364945 03/22/2018 UTIL REFUNDS 3.53 364946 03/22/2018 UTIL REFUNDS 76.12 364947 .03/22/201.8 UTIL REFUNDS 54.27 364948 03/22/2018 PORT CONSOLIDATED INC 41,767.20 364949 03/22/2018 JORDAN MOWER INC 278.47 364950 03/22/2018 COMMUNICATIONS INTERNATIONAL 11,034.00 364951 03/22/2018 TEN -8 FIRE EQUIPMENT .INC 5,613.29 36.4952 03/22/2018 RANGER CONSTRUCTION IND INC 1,1.68.92 364953 03/22/2018 VERO CHEMICAL DISTRIBUTORS INC 1,299.40 364954 03/22/2018 PERERS ENTERPRISES INC 1,606.12 364955 03/22/2018 RICOHH USA INC 274.07 364956 03/22/2018 CHISHOLM CORP OF VERO 2,491.25 364957 03/22/2018 VELDE FORD INC 1,368.84 364958 03/22/2018 AT&T WIRELESS 2,251.80. 67 TRANS NBR DATE VENDOR AMOUNT 364959 03/22/201.8 E -Z BREW COFFEE & BOTTLE WATER SVC 86.89 364960 03/22/2018 GRAINGER 1,523.60 364961 03/22/2018 GENES AUTO GLASS INC 488.00 364962 03/22/2018 GRAYBAR ELECTRIC 876.90 364963 03/22/2018 AMERIGAS EAGLE PROPANE LP 95.68 364964 03/22/2018 AMERICAS EAGLE PROPANE LP 233.92 364965 03/22/2018 AMERIGAS EAGLE PROPANE LP 1,837.96 364966 03/22/2018 AMERIGAS EAGLE PROPANE LP 2,033.28 364967 03/22/2018 HACH CO 2,499.71 364968 03/22/2018 LFI FORT PIERCE INC 1,676.17 364969 03/22/2018 CLIFF BERRY INC 720.60 364970 03/22/2018 KSM ENGINEERING & TESTING INC 412.00 364971 03/22/2018 BOUND TREE MEDICAL LLC 4,148.41 364972 03/22/2018 SCHULKE BITTLE & STODDARD LLC 6,500.96 364973 03/22/2018 PETES CONCRETE 5,050.00 364974 03/22/2018 ECOTECH CONSULTANTS INC 21667.00 364975 03/22/2018 VERO INDUSTRIAL SUPPLY INC 168.33 364976 03/22/2018 VERO FURNITURE MART 385.00 364977 03/22/2018 TIRESOLES OF BROWARD INC 2,755.88 364978 03/22/2018 CITY ELECTRIC SUPPLY 116.54 364979 03/22/2018 CARTER ASSOCIATES INC 375.00 364980 03/22/2018 DELL MARKETING LP 6,498.00 364981 03/22/2018 BAKER & TAYLOR INC 819.07 364982 03/22/2018 MIDWEST TAPE LLC 182.93 364983 03/22/2018 NORTHERN SAFETY CO INC 852.11 364984 03/22/2018 MICROMARKETING .LLC 214.16 364985 03/22/2018 K & M ELECTRIC SUPPLY 25.20 364986 03/22/2018 BAKER DISTRIBUTING CO LLC 33.36 364987 03/22/2018 ATKINS NORTH AMERICA INC 3,264.00 364988 03/22/2018 CENGAGE LEARNING INC 2,338.99 364989 03/22/2018 PALM TRUCK CENTERS INC 267.28 364990 03/22/2018 PENWORTHY COMPANY 851.28 364991 03/22/2018 GO COASTAL INC 183.40 364992 03/22/2018 SOFTWARE HARDWARE INTEGRATION 328.00 364993 03/22/2018 SUNSHINE REHABILATION CENTER OFIRC INC 2,480.00 364994 03/22/2018 RICHARD C THERIEN 450.00 364995 03/22/2018 CREATIVE CHOICE HOMES XVI LTD 671.00 364996 03/22/2018 TINDA.LE-OLIVER & ASSOCIATES INC 4,942.34 364997 03/22/2018 PING INC 177.69 364998 03/22/2018 CLERK OF CIRCUIT COURT 769.55 364999 03/22/2018 CITY OF VERO BEACH 1.2,864.48 365000 03/22/2018 CHAPTER 13 TRUSTEE 201.08 365001 03/22/2018 UNITED WAY OF INDIAN RIVER COUNTY 593.00 365002 03/22/2018 UNITED PARCEL SERVICE INC 338.26 365003 03/22/2018 FERGUSON ENTERPRISES INC 4,483.40 365004 03/22/2018 EBSCO INDUSTRIES INC 17,323.00 365005 03/22/2018 FLORIDA GOVERNMENT FINANCE 18.00 365006 03/22/2018 TREASURE COAST HOMELESS SERVICES 622.28 365007 03/22/2018 FLORIDA DEPT OF EDUCATION 188.46 365008 03/22/2018 HUMANE SOCIETY 19,403.75 365009 03/22/2018 PUBLIX SUPERMARKETS 56.41 365010 03/22/201.8 ACUSHNET COMPANY 264.70 365011 03/22/2018 INTERNATIONAL GOLF MAINTENANCE NC 88,148.43 365012 03/22!2018 CULTURAL COUNCIL OF IRC 3,773.00 365013 03/22/2018 DEANGELO BROTHERS INC 776.00 365014 03/22/2018 FLORIDA WATER & POLLUTION CONTROL 130.00 36501.5 03/22/2018 FLORIDA WATER & POLLUTION CONTROL 130.00 365016 03/22/2018 WEST PUBLISHING CORPORATION 415.64 365017 03/22/2018 ELIZABETH MARTIN 97.01 36501.8 03/22/2018 MORGAN & EKLUND INC 20,295.00 2 TRANS NBR DATE VENDOR AMOUNT 365019 03/22/2018 TIMOTHY ROSE CONTRACTING :INC 88,770.18 365020 03/22/2018 TRAFFIC PARTS INC 4,572.50 365021 03/22/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 1,632.00 365022 03/22/201.8 FLORIDA POWER AND LIGHT 4,728.79 365023 03/22/2018 INDIAN RJVER COUNTY TAX COLLECTOR 327.31 365024 03/22/2018 PH.ILLIP J MATSON 49.86 365025 03/22/2018 TAYLOR MADE GOLF CO .INC 317.37 365026 03/22/2018 CITY OF FELLSMERE 178.31 365027 03/22/2018 SUNSHINE STATE ONE CALL OF FL INC 1,264.17 365028 03/22/2018 CAI14OLIC CHARITIES DIOCESE OF PALM BCH 2,1.40.08 365029 03/22/2018 MEDICARE :PART B FINANCIAL SERVICES 939.14 365030 03/22/2018 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00 365031 03/22/2018 SHERILEE D PARSELL 350.32 365032 03/22/2018 TREASURE COAST SPORTS COMMISSION INC 4,929.42 365033 03/22/2018 IRC HEALTHY START COALITION INC 2.500.00 365034 03/22/2018 IRC HEALTHY START COALITION INC 2,500.00 365035 03/22/2018 IRC HEALTHY START COALITION INC 2,500.00 365036 03/22/2018 IRC HEALTHY START COALITION INC 2,500.00 365037 03/22/2018 AARP INSURANCE 93.55 365038 03/22/2018 UNITED HEALTH CARE INS COMPANY 609.99 365039 03/22/2018 MYLES BROWN 60.00 365040 03/22/2018 KENNETH JAMES BINGHAM JR 100.00 365041 03/22/2018 ALAN C KAUFFMANN 220.00 365042 03/22/2018 JOHN BROWN & SONS INC 3,650.00 365043 03/22/2018 CHILDRENS HOME SOCIETY OF FL 3,500.00 365044 03/22/2018 KEEP INDIAN RIVER BEAUTIFUL INC 5,502.78 365045 03/22/2018 BLUE CROSS BLUE SHIELD 21022.52 365046 03/22/2018 BLUE CROSS BLUE SHIELD 371.29 365047 03/22/2018 HUMANA 569.99 365048 03/22/2018 HUMANA 285.04 365049 03/22/2018 VERO CLUB PARTNERS LTD 557.00 365050 03/22/2018 BRI.DGESTONEAMERICAS INC 1,260.95 365051 03/22/2018 VERO BEACH ROOFING INC 3,745.64 365052 03/22/2018 ECONOLITE CONTROLPRODUCTS INC 12.98 365053 03/22/2018 LINCOLN EQUIPMENT INC 1,270.00 365054 03/22/2018 RUSSELL PAYNE INC 559.65 365055 03/22/2018 CELICO PARTNERSHIP 3,060.54 365056 03/22/2018 ANIXTER INC 498.50 365057 03/22/2018 CINTAS CORPORATION NO 2 209.03 365058 03/22/2018 VAN WAL INC 225.00 365059 03/22/201.8 TRAFFIC CONTROL DEVICES INC 35.482.72 365060 03/22/2018 SYNAGRO-WWT INC 55,458.26 365061 03/22/2018 FLORIDA RURAL LEGAL SERVICES INC 2,747.57 365062 03/22/2018 FASTENA.I. COMPANY 59.72 365063 03/22/2018 COASTALTECHNOLOGY CORPORATION 1,500.00 365064 03/22/2018 PARGAS 290.75 365065 03/22/2018 JOHNS EASTERN COMPANY INC 400.00 365066 03/22/2018 OCLC ONLINE COMPUTER LIBRARY CENTER 436.66 365067 03/22/2018 CENTRAL PUMP & SUPPLY INC 235.64 365068 03/22/201.8 3-D FENCING LLC 9.395.00 365069 03/22/2018 MASTELLER & MOLER INC 15,786 25 365070 03/22/2018 ETR LLC 580.69 365071 03/22/2018 STAPLES CONTRACT & COMMERCIAL INC 493.93 365072 03/22/2018 GLOVER OIL COMPANY INC 46.524.73 365073 03/22/2018 ADMIN FOR CHJLD SUPPORT ENFORCEMENT 288.16 365074 03/22/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 292.07 365075 03/22/201.8 ADMIN FOR CHILD SUPPORT ENFORCEMENT 162.97 365076 03/22/2018 GARY L EMB:REY 40.00 365077 03/22/2018 GUTT, SUSAN S 5.00 365078 03/22/2018 1 ST FIRE & SECURITY INC 155.00 69 TRANS NBR DATE VENDOR AMOUNT 365079 03/22/2018 TOTAL TEMPERATURE INSTRUMENTATION INC 1,736.50 365080 03/22/2018 ALL PRO PAINT & BODY INC 897.00 365081 03/22/2018 JOHNNY B SMITH 150.00 365082 03/22/2018 MOORE MEDICAL LLC 1,701.36 365083 03/22/2018 CHARLES A WALKER 1.20.00 365084 03/22/2018 AQUA -AEROBIC SYSTEMS INC 91889.89 365085 03/22/201.8 REDLANDS CHRISTIAN MIGRANT ASSOC 7,518.25 365086 03/22/2018 BRIAN FREEMAN 27.09 365087 03/22/2018 INDIAN RIVER SOCCER ASSOCIATION 3,000.00 365088 03/22/2018 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,500.00 365089 03/22/2018 CALISE, DARLENE 45.50 365090 03/22/2018 DENISE SNOW 400.00 365091 03/22/2018 K'S COMMERCIAL CLEANING 998.89 365092 03/22/2018 NICOLACE MARKETING INC 2,817.48 365093 03/22/2018 HMA-SOLANTIC JOINT VENTURE LLC 225.00 365094 03/22/2018 GLORIA DEMBROSKI 172.50 365095 03/22/2018 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 624.23 365096 03/22/2018 DE LA HOZ BUILDERS INC 27,500.00 365097 03/22/2018 CWS COMMUNITIES LP 500.00 365098 03/22/2018 TREASURE COAST MOTOR CYCLE CENTER INC 160.00. 365099 03/22/2018 ECMC 276.58 365100 03/22/2018 JANCY PET BURIAL SERVICE INC 620.50 365101 03/22/2018 FLORIDA ARMATURE WORKS INC 946.45 365102 03/22/2018 FLORIDA COAST EQUIPMENT INC 1,116.96 365103 03/22/2018 JOSEPH CAItALANO 40.00 365104 03/22/2018 NATIONAL CINEMEDIA LLC 318.75 365105 03/22/2018 ALLDATA LLC 1,500.00 365106 03/22/2018 HEATHER 14ATTON 100.00 365107 03/22/2018 NEWSOM OIL COMPANY 1,149.86 365108 03/22/2018 REBMANN GROUP LLC 9,865.00 365109 03/22/2018 TIM ZORC 97.82 365110 03/22/2018 ALTERATIONS BLESSED 213.00 365111 03/22/2018 LOWES HOME CENTERS INC 1,391.86 365112 03/22/2018 GAUDET ASSOCIATES INC 1,450.00 3651.13 03/22/2018 CARDINAL 14EALTH 110 INC 816.33 365114 03/22/2018 ALEX MIKLO 170.00 365115 03/22/2018 BURNETT LIME CO INC 12,793.20 365116 03/22/2018 SHERRY LITTLE 5.00 365117 03/22/2018 TREASURE COAST TURF INC 3,351.00 365118 03/22/2018 CARMEN LEWIS 972.00 365119 03/22/201.8 STRAIGHT OAK LLC 153.40 365120 03/22/2018 C E R SIGNATURE CLEANING 20,410.00 365121 03/22/2018 FAN41LY SUPPORT REGISTRY 156.45 365122 03/22/2018 FORTILINE INC 15,332.00 365123 03/22/2018 NAPIER & ROLLIN PLLC 662.50 365124 03/22/2018 ARROW INTERNATIONAL 1,660.36 365125 03/22/2018 RONALD NIC14ELSON 40.00 365126 03/22/2018 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 365127 03/22/2018 SYLIVIA MILLER 942.00 365128 03/22/2018 FLORITURF SOD INC 164.00 365129 03/22/2018 PRESTIGE HEALTH CHOICE 101.37 365130 03/22/2018 ENCORE ONE LLC 2,271.86 365131 03/22/2018 TK6.INC 1,300.00 365132 03/22/2018 ANDERSEN ANDRE CONSULTING ENGINEERS INC 5,062.50 365133 03/22/2018 SCRIPPS NP OPERATING LLC 195.49 365134 03/22/2018 JOSEPH DIZONNO 110.00 365135 03/22/2018 MOLINA HEALTHCARE MEDICAID 274.51 365136 03/22/2018 MOLINA HEALTHCARE MEDICAID 102.28 365137 03/22/2018 RED THE UNIFORM TAILOR 376.35 365138 03/22/2018 UNIFIRST CORPORATION 1.485.27 70 TRANS NBR DATE VENDOR AMOUNT 365139 03/22/2018 CDA SOLUTIONS INC 200.00 365140 03/22/2018 SUNSHINE HEALTH PLAN MEDICAID 561.87 365141 03/22/2018 SITEONE LANDSCAPE SUPPLY LLC 417.21 365142 03/22/2018 HYDROMAX USA LLC 10,955.00 365143 03/22/2018 ADVANCE STORES COMPANY INCORPORATED 22.84 365144 03/22/2018 GUARDIAN ALARM OF FLORIDA LLC 873.00 365145 03/22/2018 WURTH USA INC 641.45 365146 03/22/2018 FLORIDA EAST COAST HOLDINGS CORP 14,685.30 365147 03/22/2018 RUSSELL L OWEN 1II 40.00 365148 03/22/2018 NWI RECYCLING INC 7,540.40 365149 03/22/2018 EASTERN PIPELINE CONSTRUCTION INC 3.400.00 365150 03/22/2018 INDUSTRIAL LAUNDRY SERVICES LLC 169.50 365151 03/22/2018 REBECCA CARSWELL 90.00 365152 03/22/2018 COVERALL NORTH AMERICA INC 2,015.00 365153 03/22/2018 MAGELLAN COMPLETE MEDICAID 29.36 365154 03/22/2018 DEBBIE CARSON 100.00 365155 03/22/2018 MATHESON TRI -GAS INC 1,493.70 365156 03/22/2018 PEOPLE READY INC 8,947.12 365157 03/22/2018 ROBERT O RICHARDSON 111 80.00 365158 03/22/2018 LJB EQUIPMENT SALES INC 2,411.52 365159 03/22/2018 COLE AUTO SUPPLY INC 2,690.57 365160 03/22/2018 MARISA ALEXANDER 36.00 365161 03/22/2018 DANBRANLEY LLC 536.00 365162 03/22/2018 KIMBERLY RICCIARDONE 50.00 365163 03/22/2018 BETH NOLAN 150.00 365164 03/22/2018 MILB ENTERPRISE HOLDINGS LLC 5,000.00 365165 03/22/2018 DAY DREAMS UNIFORMS INC 15,320.00 365166 03/22/2018 ADVANCED ROOFING INC 89,485.42 365167 03/22/2018 SECURITAS ELECTRONIC SECURITY INC 37,666.74 365168 03/22/2018 THOMAS R PILIERO 40.00 365169 03/22/2018 CORNERSTONE C14RISTIAN CHURCH 120.00 365170 03/22/2018 RELX INC 50.00 365171 03/22/2018 GOVDIRECT INC 1,666.50 365172 03/22/2018 STUART RUBBER STAMP & SIGN CO INC 242.74 365173 03/22/2018 CORE & MAIN LP 42,468.23 365174 03/22/2018 NEA.L POOLE 120.00 365175 03/22/2018 ERIC SKALA 60.00 365176 03/22/2018 ADVANTAGE GOLF CARS INC 55.96 365177 03/22/20.18 SOLE SISTERS SHOES LLC 198.98 365178 03/22/2018 DJD EQUIPMENT HOLDINGS LLC 17,000.90 365179 03/22/2018 N BEULAH KING 95.76 365180 03/22/2018 MAXIMUM VELOCITY GYMNASTICS BOOSTER CLUB 500.00 365181 03/22/2018 GEORGE MULLER 50.00 365182 03/22/2018 ENGINEERED SERVICES INC 4,899.00 365183 03/22/2018 JOSEPH LORINO 100.00 365184 03/22/2018 IMAGE ONE CORPORATION 897.00 365185 03/22/2018 THOMAS FLAHERTY 83.39 365186 03/22/2018 FRANK C HAMBLIN 514.83 365187 03/22/2018 LOUISE FIKA 96.47 365188 03/22/2018 LAUREN BORDEAUX 139.12 365189 03/22/2018 CYNTHIA J DONALDSON 97.34 365190 03/22/2018 BRENDA EARNHEART 150.00 365191 03/22/2018 BONNIE A DRISKELL 9.60 365192 03/22/2018 ZALIA COLON 51.52 365193 03/22/2018 PAMELA BEEHLER 98.80 365194 03/22/2018 FCC[ 398.20 365195 03/22/2018 ANDREA ENBORG 153.40 3651.96 03/22/2018 ELITE PROPERTY MANAGEMENT GROUP 150.00 365197 03/22/2018 JUDITH & JOHNNY SMITH 150.00 365198 03/22/2018 NORWICH UNIVERSITY 150.00 71 TRANS NBR DATE VENDOR AMOUNT 365199 03/22/2018 SURFSIDE PAVERS INC 75.00 365200 03/22/2018 JSAAMATEUR SPORTS CORP 150.00 365201 03/22/2018 SHAWN MC CLAIN 40.00 365202 03/22/2018 UTIL REFUNDS 58.21 365203 03/22/2018 UTIL REFUNDS 493.75 365204 03/22/2018 UTIL REFUNDS 64.04 365205 03/22/2018 UTIL REFUNDS 14.05 365206 03/22/2018 UTIL REFUNDS 144.67 365207 03/22/2018 UTIL REFUNDS 92.37 365208 03/22/2018 UTIL REFUNDS 45.91 365209 03/22/2018 UTIL REFUNDS 90.95 365210 03/22/2018 UTIL REFUNDS 46.34 365211 03/22/2018 UTILREFUNDS 50.00 365212 03122/2018 UTIL REFUNDS 51.11 365213 03/22/2018 UTIL REFUNDS 86.22 365214 03/22/2018 UTIL REFUNDS 86.22 365215 03/22/2018 UTIL REFUNDS 28.24 365216 03/22/2018 UTIL REFUNDS 43.03 365217 03/22/2018 UTIL REFUNDS 45.73 365218 03/22/2018 UTIL REFUNDS 49.84 365219 03/22/2018 UTIL REFUNDS 25.87 365220 03/22/2018 UTIL REFUNDS 71.09 365221 03/22/2018 UTIL REFUNDS 67.74 365222 03/22/2018 UTIL REFUNDS 69.88 365223 03/22/2018 UTIL REFUNDS 53.48 365224 03/22/2018 UTIL REFUNDS 74.54 365225 03/22/2018 UTIL REFUNDS 30.79 365226 03/22/2018 UTIL REFUNDS 5.34 365227 03/22/2018 UTIL REFUNDS 79.15 365228 03/22/2018 UTIL REFUNDS 34.11 365229 03/22/2018 UTIL REFUNDS 88.21 365230 03/22/2018 UTIL REFUNDS 43.01 365231 03/22/2018 UTIL REFUNDS 20.69 365232 03/22/2018 UTIL REFUNDS 90.16 365233 03/22/2018 UTIL REFUNDS 31.12 365234 03/22/2018 UTIL REFUNDS 34.34 365235 03/22/2018 UTIL REFUNDS 73.58 365236 03/22/2018 UTIL REFUNDS 32.76 365237 03/22/2018 UTIL REFUNDS 90.89 365238 03/22/2018 UTIL REFUNDS 84.63 365239 03/22/2018 UTIL REFUNDS 80.06 365240 03/22/2018 UTIL REFUNDS 9.91 365241 03/22/2018 UTIL REFUNDS 91.12 365242 03/22/2018 UTIL REFUNDS 4.44 365243 03/22/2018 UTIL REFUNDS 31.22 365244 03/22/2018 UTIL REFUNDS 42.76 365245 03/22/2018 UTIL REFUNDS 863.01 365246 03/22/2018 UTIL'REFUNDS 62.73 Grand Total: 1,055,770.13 72 ELECTRONIC PAYMENTS WIRE & ACH TRANS NBR DATE VENDOR AMOUNT SSQ6 03/16.1201.8 WRIGHT EXPRESS FSC 25,557.13 5807 03/16/2018 IRC CHAMBER OF COMMERCE 11,141.53 5808 03/16/2018 RUSSELL PAYNE.INC 62,751.84 5809 03/16/2018 CDM.:SM1TH INC 5,580.00 5810 03/1.6/20.1.8 K.IMLEY HORN &: ASSOC INC 41636.00 5811 03/16/2018 IRS-PAYROf—L TAXES 14,738.75 5812 03/1.9/2018 SCHOOL DISTRICT OF 1: R COUNTY 140,634.00 5813 03/21./2018 SENIOR RESOURCE ASSOCIATION 535,1774.07 i Grand Totah . 800,813.32 73 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1012995 03/19/2018 AT&T 4,535.12 1012996 03/19/2018 OFFICE DEPOT BSD CUSTOMER SVC 1,747.01 1012997 03/19/2018 WASTE MANAGEMENT INC 1,219.04 101.2998 03/19/2018 COMCAST 84.90 :1012999 03/19/2018 WHEELA.BRATOR RIDGE ENERGY INC 12.795.05 1013000 03/20/201.8 EVERGLADES FARM EQUIPMENT CO INC 21732.36 1013001 03/20/201.8 PARKS .RENTAL & SALES INC 66.00 1013002 03/20/2018 COLKITT SHEET METAL & A/C INC 145.00 1013003 03/20/201.8 ROBINSON EQUIPMENT COMPANY INC 1,141.60 1013004 03/20/2018 COPYCOINC 1.20.40 1013005 03/20/2018 HENRY SCHEIN INC 81.36 101.3006 03/20/2018 NORTH SOUTH SUPPLY INC 1,132.51 1013007 03/20/2018 HELENA CHEMICAL 817.48 1013008 03/20/2018 COLD AIR DISTRIBUTORS WAREHOUSE 269.14 1013009 03/20/2018 INDIAN RIVER BATTERY 101.45 1013010 03/20/2018 INDIAN RIVER OXYGEN INC 388.45 1013011 03/20/2018 RING POWER CORPORATION 9,175.33 1013012 03/20/2018 DEMCOINC 150.24 1013013 03/20/2018 GALLS LLC 1,154.92 1013014 03/20/2018 MEEKS PLUMBING INC 498.00 1013015 03/20/2018 ALLIED UNIVERSAL CORP 7,443.11 1013016 03/20/2018 IRRIGATION CONSULTANTS UNLIMITED INC 261.72 1013017 03/20/2018 THE EXPEDITER 1,749.00 1033418 03/20/2018 GROVE WELDERS INC 386.02 1013019 03/20/2018 SOUTHERN COMPUTER WAREHOUSE 399.93 1013020 03/20/2018 FIRST HOSPITAL LABORATORIES INC 1,677.00 1013021 03/20/2018 DLT SOLUTIONS LLC 3,095.85 1013022 03/20/20.18 APPLE MACHINE & SUPPLY CO 22017.62 1013023 03/20/2018 HD SUPPLY FACILITIES MAINTENANCE LTD 466.39 1013024 03/20/2018 COMO OIL COMPANY OF FLORIDA 70.00 1013025 03/20/2018 PERKINS INDIAN RIVER P14ARMACY 135.80 1013026 03/20/2018 GLOBAL GOLF SALES INC 52.63 1013027 03/20/2018 COMPLETE ELECTRIC INC 373.30 1013028 03/20/2018 ESRI INC 9,680.00 1013029 03/20/2018 THOMPSON TRACTOR 20.00 1013030 03/20/2018 SHRIEVE CHEMICAL CO 4,8.17.16 1013031 03/20/2018 SOUTHERN JANITOR SUPPLY INC 5,418.70 1013032 03/20/2018 HARCROS CHEMICALS, INC. 51847.63 1013033 03/20/2018 GREEN EQUIPMENT COMPANY 1,394.00 1013034 03/20/2038 CUMMINS INC 716.50 1013035 03/20/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2,503.31 1013036 03/20/201.8 FOXCROFT EQUIPMENT AND SERVICE COMPANY LLC 39536 1013037 03/20/2018 NEXAIR LLC 56.80 1013038 03/21/2018 HARCROS CHEMICALS, INC. 5,654.58 1013039 03/21/2018 SPINNAKER VERO INC 723.30 1013040 03/21/2018 L&LDISTRI.BUTORS 845.88 1013041 03/21/2018 STAT MEDICAL DISPOSAL INC 375.00 1013042 03/21/2018 WRIGHT FASTENER COMPANY LLC 450.00 1013043 03/21/2018 PACEANALYTICAL SERVICES INC 6,1.73.00 1013044 03/21/2018 IMAGEN.ET CONSULTING LLC 160.00 1013045 03/21/2018 NEXAIR LLC 323.93 Grand Total: 102,038.88 74 Me1 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Tad Stone, Assistant Chief Department of Emergency Services DATE: March 12, 2018 SUBJECT: Approval of Renewal for a Class `B" Certificate of Public Convenience And Necessity for Coastal Health Services of Brevard Inc. to Provide Interfacility Transportation Services It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On March 22, 2016, the Indian River County Board of County Commissioners approved a renewal of Class `B" Certificate of Public Convenience and Necessity for Coastal Health Services of Brevard Inc., to provide interfacility ambulance medical transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River County Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved . and renewed for a period of two (2) years and will expire May 4, 2018. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class `B" Certificate of Public Convenience and Necessity has been submitted by Coastal Health Services of Brevard Inc. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There is no funding required for this item. 75 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "B" Certificate of Public Convenience and Necessity for Coastal Health Services of Brevard Inc., to be effective for a period of two (2) years from May 4, 2018 to May 4, 2020. ATTACHMENTS: 1. Renewal Application from Coastal Health Services of Brevard Inc. 2. Two (2) Certificates of Public Convenience and Necessity for Coastal Health . Services of Brevard Inc. for signature 76 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) PPLICANT NAME—.] a DATE U2�2t� APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. ® This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ _BLS _ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B EI ✓ BLS GALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D 0 _BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ❑ Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class E1 0 Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. ca N;t rri ' �. JafT1• �.. rn U:\Beth\Beth Casano EOC\COPCMRENEWAL PACKETS\COPCN Application.doc o _n 47 cr: 78 II.. COMPANY DETAILS 1. NAME OF AGENCY: MAILING ADDRESS: q9 -,U CITY �4,\QcS�S COUNTY�tc;r�, ZIP CODE: BUSINESS PHONE: 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): 3. MANAGER'S NAME: ce co ADDRESS: '%U \-k.npraL\tA-e. &4e PHONE #: ecA - \oo 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet.if necessary): NAME ADDRESS POSITION mCa,� �Va�c,.:> ccs C,��`��`'b\. 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # �u"�� �i�;Qt �(. i,�ec.�c.t' 851(,1. t,�}c Sl..s :�C.-i o •1 �y� �� �c�tc.e ; �\ e �- 3�.�1�4 C3�\> Flo v - io\\� U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 2 79 :i 6. FUNDING SOURCE:_�c�`c�e 7. RATE SCHEDULE ATTACHED? YES IN NO ❑ N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: Y�s5�,_ =�h Cti�S nn�Xv,St- III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) se,. QVcL,,,,Q __�JA 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION y` ky 4� ���C� �� 1 r \�vL�Le�r . �Ke.�r_ 1` �� � `� c����•ev e.���% Cru �, ,--P-VC-%r(,9 COOL �r�c�..xl�r,�i 5•eh�,S��t.n2d�C, .<,c�.�<Q;v., Sehc�•a:c�.ZmL U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 81 82 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: lt;N'LVVAL AP'PUGANTS FOR CLASSES A -D NEED ONLY #'s 4 - 91- RENEWAL APPLICANTS FOR CLASSES E AND E4 NEED ONLY #'$ 6 — 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4-5 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date . ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Incl: Service Type, Base Rate, Mileage., Waiting & Special Charges UABeth\Beth Casano EOMCOPCMRENEWAL PACKETS\COPCN Application.doc 4 83 84 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or_E1. APPLICANTS I Applicant Name the representative of do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS. I,,\\tc,n,. �\�C����� , the representative of Applicant Name \LAV- �A do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ANLL APPEICANTS. I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced a ori and that to the best of my knowledge, all statements on thi pplic Ion are true and correct. APPLICANT SIGNATURE DATE Before me personally appeared the sai \\a.a �-� who says that he/she executed the above instrument of his/her own free will and accord, wi h full knowledge of the purpose thereof. Sworn and subscribed in my presence this day of , 201 c\ c� My commission expires: (�o--0Zz NO RY PUBLIC ?o1N�Y a�e�,c FELICIA B. DEVOE * * W COMMISSION # FF 972566 EXPIRES: June 6, 2020 U:1Beth\Beth Casano EOMCOPCNIRENEWAL PACKETSICOPCN Application.doc 'FOFct048mled Thru Budget Notary SeMces 85 I et ., .r:}:'lS;:4. Si i•A :••:cl u;,i{�`✓r?n�`� • ',"} i,: �, POLICY NUMBER: MEPK08664802 COMMERCIAL GENERAL LIABILITY ,.., CG DS 01 10 01 COMMERCIAL GENERAL LIABILITY DECLARATIONS Arch Insurance Company $1,000,000 McNeil & Company, Inc. Harborside 3, 210 Hudson St, Suite 300 P.O. Box 5670 Jersey City, NJ 07311-1107 $100,000 20 Church Street Phone: 866-413-5550 $5,000 Cortland, NY 13045 Coastal Health Systems of Brevard, Inc. $1,000,000 NAMED INSURED: 486 Gus Hipp Boulevard ENERAL AGGREGATE LIMIT MAILING ADDRESS: Rockledge FL 32955 $10,000,000 POLICY PERIOD: FROM 05/27/2017 TO 05/27/2018 AT 12:01 A.M. TIME AT OUR MAILING ADDRESS SHOWN ABOVE - IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF ACH OCCURRENCE LIMIT $1,000,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT $100,000 Any one premises MEDICAL EXPENSE LIMIT $5,000 Any one person ERSONAL & ADVERTISING INJURY LIMIT $1,000,000 Any one person or organization ENERAL AGGREGATE LIMIT $10,000,000 RODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT $10,000,000 RETROACTIVE DATE (CG 00 02 ONLY) THIS INSURANCE DOES NOT APPLY TO "BODILY INJURY", "PROPERTY DAMAGE" OR "PERSONAL AND ADVERTISING INJURY" WHICH OCCURS BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN BELOW. RETROACTIVE DATE: None (ENTER DATE OR "NONE" IF NO RETROACTIVE DATE APPLIES) DESCRIPTION OF BUSINESS FORM OF BUSINESS: INDIVIDUAL ❑ PARTNERSHIP ❑ JOINT VENTURE ❑ TRUST LIMITED LIABILITY COMPANY Ox ORGANIZATION, INCLUDING A CORPORATION (BUT NOT IN- CLUDING A PARTNERSHIP, JOINT VENTURE OR LIMITED LIABILITY COMPANY) BUSINESS DESCRIPTION: Rescue EMS Squad or Ambulance Squad 87 CG DS 01 10 01 © ISO Properties, Inc., 2000 Page 1 of 2 ALL PREMISES YOU OWN, RENT OR OCCUPY LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY See CG DS01 - Supp - Classification Schedule CLASSIFICATION ATTACH THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. Countersigned:05/18/2017 CLASSIFICATION AND PREMIUM LOCATION CLASSIFICATION CODE PREMIUM RATE ADVANCE PREMIUM Prem/ Prod/Comp Prem/ Prod/Comp NUMBER NO. BASE OPS OPS OPS Ops See CG DS01 - Supp - Classification Schec ule STATE TAX OR OTHER (if applicable) $ PER ILDS00 TOTAL PREMIUM (SUBJECT TO AU- DIT) $ PREMIUM SHOWN IS PAYABLE: AT INCEPTION Incl AT EACH ANNIVERSARY $ (IF POLICY PERIOD IS MORE THAN ONE YEAR AND PRE- MIUM IS PAID IN ANNUAL INSTALLMENTS) AUDIT PERIOD (IF APPLICABLE) ❑ ANNUALLY ❑ SEMI- ❑QUARTERLY ❑ MONTHLY ANNUALLY ATTACH THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. Countersigned:05/18/2017 By: (Date) (Authorized Representative) McNeil & Company, Inc. NOTE OFFICERS' FACSIMILE SIGNATURES MAY BE INSERTED HERE, ON THE POLICY COVER OR ELSE- WHERE AT THE COMPANY'S OPTION. 88 Page 2 of 2 © ISO Properties, Inc., 2000 CG DS 01 10 01 POLICY NUMBER: MEPK08664802 f COMMERCIAL GENERAL LIABILITY SUPPLEMENTAL DECLARATIONS LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: 486 Gus Hipp Boulevard, Rockledge, FL 32955 CLASSIFICATION AND PREMIUM CODE PREMIUM RATE ADVANCE PREMIUM Prem/Ops Prod/Comp Prem/Ops Prod/Comp CLASSIFICATION NO. BASE Os 0 s Ambulance Service, First -Aid or Rescue 40032 Incl Incl Squads - Not -For -Profit only [Includes Products. and Completed Ops) Fellow Member Liability Incl Incl Total Advance Premium Incl > CG DS 01 Supplemental 01 03 89 COMMERCIAL GENERAL LIABILITY CG 00 0104 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (2) The "bodily injury" or "property damage" Read the entire policy carefully to determine rights, occurs during the policy period; and duties and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you". and "your" under Paragraph 1. of Section 11 — Who Is refer to the Named Insured shown in the Declarations, An Insured and no "employee" authorized and any other person or organization qualifying as a by you to give or receive notice of an Named Insured under this policy. The words "we", "occurrence" or claim, knew that the "bodily "us" and "our" refer to the company providing this injury" or "property damage" had occurred, insurance. in whole or in part. If such a listed insured The word "insured" means any person or organization or authorized "employee" knew, prior to the qualifying as such under Section 11 — Who Is An policy period, that the "bodily injury" or Insured. "property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation "bodily injury" or "property damage" during marks have special meaning. Refer to Section V — or after the policy period will be deemed to Definitions. have been known prior to the policy period. SECTION I — COVERAGES c. "Bodily injury" or "property damage" which COVERAGE A — BODILY INJURY AND PROPERTY occurs during the policy period and was not, DAMAGE LIABILITY prior to the policy period, known to have 1. Insuring Agreement occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured a. We will pay those sums. that the insured or any "employee" authorized by you to give or becomes legally obligated to pay as damages receive notice of an "occurrence" or claim_. because of ""bodily injury" or "property damage" . includes any. continuation, change or to which this insurance applies. We will have resumption of that "bodily injury" or "property the right and duty to defend the insured against damage" after the end of the policy period. any "suit" seeking those damages. However, we will have no duty to defend the insured d. "Bodily injury" or "property damage" will be against any "suit" seeking damages for "bodily deemed to have been known to have occurred injury" or "property damage" to which this at the earliest time when any insured listed insurance does not apply. We may, at our under Paragraph 1. of Section Il —Who Is An "employee" discretion, investigate any "occurrence" and Insured or any authorized by you to settle any claim or "suit" that may result. But: glue or receive notice of an "occurrence' or claim: (1) The amount we will pay for damages is 1 () Repo rts all, or any part, of the "bodily injury" limited as described in Section 111 — Limits or "property damage" to us or any other Of Insurance; and insurer; (2) Our right and duty to defend ends when we (2) Receives a written or verbal demand or have used up the applicable limit of insurance in the payment of judgments or claim for damages because of the "bodily settlements under Coverages A or B or injuryor property damage"; or medical expenses under Coverage C. (3) Becomes aware by any other means that No other obligation or liability to pay sums or "bodily injury" or "property damage" has perform acts or services is covered unless occurred or has begun to occur. explicitly provided for under Supplementary e. Damages because of "bodily injury" include Payments — Coverages A and B. damages claimed by any person or b. This insurance applies to "bodily injury" and organization for care, loss of services or death "bodily "property damage" only if: resulting at any time from the injury". (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory'; 90 CG 00 0104 13 © Insurance Services Office, Inc., 2012 Page 1 of 16 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child; parent, brother or sister of that. "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Any statute, ordinance or regulation relating This exclusion does not apply to liability to the sale, gift, distribution or use of assumed by the insured under an "insured alcoholic beverages. contract". 91 Page 2 of 16 © Insurance Services Office, Inc., 2012 CG 00 0104 13 If. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured's behalf are "pollutants" release or escape of "pollutants": performing operations if the are brought on or to the premises, site (a) At or from any premises, site or location or location in connection with such which is or was at any time owned or operations by such insured, contractor occupied by, or rented or loaned to, any or subcontractor. However, this insured. However, this subparagraph subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" � u if sustained within a (i) "Bodily injury" rY" arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or used to heat, cool or dehumidify the mechanical functions necessary for building, or equipment that is used to the operation of "mobile equipment" heat water for personal use, by the or its parts, if such fuels, lubricants building's occupants or their guests; or other operating fluids escape from (ii) "Bodily injury" or "property damage" a vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your intentional discharge, dispersal or policy as an additional insured with release of the fuels, lubricants or respect to your ongoing operations other operating fluids, or if such performed for that additional insured fuels, lubricants or other operating at that premises, site or location and fluids are brought on or to the such premises;-site-oriccauon-is not NrC1111SBZ5site or -iucatioirwith tiie and never was owned or occupied intent that they be discharged, by, or rented or loaned to, any dispersed or released as part of the insured, other than that additional operations being performed by such insured; or insured, contractor or subcontractor; (iii) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in for any insured or others for the connection with operations being handling, storage, disposal, processing performed by you or on your behalf or treatment of waste; by a contractor or subcontractor; or (c) Which are or were at any time (iii) 'Bodily injury" or "property damage" transported, handled, stored, treated, arising out of heat, smoke or fumes "hostile disposed of, or processed as waste by from a fire". or for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors or subcontractors working directly or (ii) Any person or organization for whom indirectly on any insured's behalf are you may be legally responsible; or performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". 3 CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page of 16 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage"., however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; 93 Page 4 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph'(&N iiii8'eriiiiiSivi�-does'iivi apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. 1. Damage To Your Work "Property damage" to "your work" arising out of it or any part of.it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured `Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) '"Your work'; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs; tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or 94 CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No .other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in. your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". 95 Page 6 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 0413 i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of- copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of.frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -related - Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or -others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal. and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power_:__or_action___taken. by_- Governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FORA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. CG 00 01041396- @ Insurance Services Office, Inc., 2012 Page TW 16 COVERAGE C — MEDICAL PAYMENTS 1. Insuring. Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied. Premises To a person injured on that part of premises you own or rent that the person normally occupies. Page 8 of'16 d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limif of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. © Insurance Services Office, Inc., 2012 97 CG 00 0104 13 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a parry to the "suit", we will defend that indemnitee if all of the following conditions are met: e. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract';_ This insurance applies to such liability assumed by the insured; The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the. insured in the same "insured contract' The. allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; Th`e -i demnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit' (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses .incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members._ _your_ _partners, and their spouses are .also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds,. but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 98 CG 00 0104 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" . are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. Page 10 of 16 c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end -of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the. Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. © Insurance Services Office, Inc., 2012 99 CG 00 01 0413 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2: above, the Personal And Advertising Injury limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A,• and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the 'Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises; while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage- C for all -medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense., Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage t0'wLu:uL ♦Lu.a'insuranc a-nteay'also app1y. . d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an. insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage. Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 100 CG 00 01 0413 © Insurance Services Office, Inc., 2012 Page 11 of 16 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit. a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the .policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; 101 Page 12 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon 3 your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any. payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured JI IVVV 1.1'111---ll/G -Declarations -VYI IIIGI "Wen -notice IV\II.G VI \I IG nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to .the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads; including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 4. 4 6. 7. 8. However, "auto" does not include "mobile equipment".. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided' tile' insureu-Ts iesponsiuiiiiy iV Nay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 102 CG 00 0104 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily -occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another parry to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.., does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing Jo prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an .architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto'; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading. or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 103 Page 14 of 16 © Insurance Services Office, Inc., 2012 CG 00 0104 13 However, self-propelled vehicles with the following types of permanently attached equipment are not,"mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning;. (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13."Occurrence" means an accident, including continuous .or repeated _exposure_ to substantialiv the same general harmful conditions. 14."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16."Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or . "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been out to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property,. unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - completed operations are subject to the General Aggregate Limit. 17."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. 104 CG 00 01 0413 © Insurance Services Office, Inc., 2012 Page 15 of 16 As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs; tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18."Suit'. means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit' includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.'Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 20."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21. "Your product.: a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Page 16 of 16 b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. © Insurance Services Office, Inc., 2012 105 CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY CG 24 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of "insured contract" in the Definitions section is replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work fora municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders; change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 106 CG 24 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NETWORK SECURITY AND DATA BREACH ENDORSEMENT Insured: Coastal Health Systems of Brevard, Inc. Policy No.: M.EPK08664802 Effective Date: 5/27/2017 NOTICE: EXCEPT AS OTHERWISE PROVIDED, THE COVERAGE PROVIDED BY THIS ENDORSEMENT IS LIMITED TO ONLY THOSE EVENTS THAT ARE FIRST DISCOVERED AND REPORTED WHILE THIS POLICY IS IN FORCE OR DURING ANY EXTENDED REPORTING PERIOD. VARIOUS PROVISIONS IN THIS. ENDORSEMENT RESTRICT COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY TO DETERMINE RIGHTS, DUTIES AND WHAT IS AND IS NOT COVERED. This endorsement modifies the insurance provided under the following: .COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Coverage E — Network Security and Data Breach Liability Network Security and Data Breach Liability Each Event Limit $1,000,000 Network Security and Data Breach Liability Aggregate Limit $ 1 0,000,000 Network Security and Data Breach Liability Retroactive Date 5/27/2015 Coverage F — Privacy Event Mitigation Expense Privacy Event Mitigation Expense Each Event Limit $50,000 Privacy Event Mitigation Expense Aggregate Limit $50,000 Privacy Event Mitigation Expense Retroactive Date 5/27/2015 A. The following are added to Section I — Coverages: 1. Coverage E— Network Security and Data Breach Liability Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as monetary damages because of a "network security or data breach event" to which this insurance applies. We have the right and duty to defend the insured against any "suit" seeking those monetary damages. We have no duty to defend the insured against any "suit" not seeking monetary damages. We also have no duty to defend the insured against any "suit" based upon, arising out of, or attributable to a "network .security or data breach event" to which this insurance does not apply. However, at our discretion, we have the right to investigate any "network security or data breach event" and settle any claim or "suit" that may result. But: (1) The amount we will pay for monetary damages is limited as described below in Section C. Limits Of Insurance; (2) Our right. and duty to defend ends when we have used tip the applicable limit of insurance in the payment of judgments or settlements. No other obligation or _liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A, B and E. b. This insurance applies to a "network security or data breach event" only if: (1) Such "network security or data breach event" takes place in the "coverage territory"; and (2) Such "network security or data breach event" did not result from an act, error or omission that occurred before the Network Security and Data Breach Liability Retroactive Date shown in the schedule or after the end of the policy period; and. GL 4000 10 16 McNeil & Co., 2016 Paf83 of 9 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (3) The "network security or data breach event" is first discovered in accordance with Paragraph c. below during the policy period or any Extended Reporting Period we provide under 4. Extended Reporting Periods; and (4) Written notice is received by us of the "network security or data breach event" within sixty (60) days of its first discovery or before the end of any. Extended Reporting. Period we provide under 4. Extended Reporting Periods, whichever is earlier. c. First Discovery and Related Events or Acts (1) First Discovery A "network security or data breach event" will .be deemed to have been discovered at the earliest of the following times: (a) When such "network security or data breach event" is discovered and recorded by any insured, or.by us, whichever comes first; or (b) When the insured becomes aware of an act, error or omission that may subsequently result in a "network security or data breach event", and you give written notice to us, as described in Section IV — Conditions, of such circumstances as soon as practicable but no later than: (i) Sixty (60) days after -becoming aware; or (ii) The end of any applicable Extended Reporting Period; whichever is earlier. (2) Related Events All related "network security or data breach events" will be considered one event and will be considered first discovered when the first of such related events is discovered. Related "network security'or data breach events" include all "network security or data breach events" that are logically or causally connected by a common nexus of facts, circumstances, situations, events, transactions, causes or acts. 2. Coverage F — Privacy Event Mitigation Expense Insuring Agreement a. We will pay "privacy event mitigation expenses" incurred by the insured, provided such expenses arise directly out of a "privacy event" for which coverage is not otherwise excluded. But the amount we will pay is limited as described below in Section C — Limits Of Insurance; No other obligation or liability to pay sums or perform acts or services is covered. b. This insurance applies to "privacy event mitigation expenses" only if: (1) The "privacy event" takes place in the "coverage territory"; and (2) The "privacy event" did not result from an act, error or omission that occurred before the Privacy Event Mitigation Expense Retroactive Date shown in the schedule or after the end of the policy period; and (3) The "privacy event" is first discovered in accordance with Paragraph c. below during the policy period or any Extended Reporting Period we provide under 4. Extended Reporting Periods; and (4) Written notice is received by us of the "privacy event" within sixty (60) days of its first discovery or before the end of any Extended Reporting Period we provide under 4. Extended Reporting Periods, whichever is earlier. C. First Discovery and Related Events or Acts (1) First Discovery A "privacy event" will be deemed to have been discovered at the earliest of the following times: (a) When such "privacy event" is discovered and recorded by any insured, or by us, whichever comes first; or (b) When you become aware of an act, error or omission that may subsequently result in a "privacy event", and you give written notice to us, as described in Section IV — Conditions, of such circumstances as soon as practicable but no later than: (i) .Sixty (60) days after becoming aware; or (ii) The end of any applicable Extended Reporting Period; whichever is earlier. GL 4000 10 16 McNeil & Co., 2016 P�ge� of 9 Includes copyrighted material of Insurance Services Office, Inc. with its permission. UU . —i (2) Related Events All related "privacy events" will be considered one event and will be considered first discovered when the first of such related events is discovered. Related "privacy events" include all "privacy events" that are the same, related or continuous, or that arise from a common nucleus of facts, circumstances, events or acts. 3. Exclusions This insurance does not apply to: a. Damages, loss or expense arising directly or indirectly from: (1) Any shortcoming in data security that the insured knew about prior to the inception of this policy for which you .failed to take corrective action within a reasonable time, not to exceed sixty (60) days; (2) The insured's failure to comply with all the data security standards issued by credit card issuers or financial institutions with whom you transact business, if you process, store or handle credit card information; (3) The insured's failure .to take reasonable steps to use, design, maintain and upgrade your data security; or (4) The inability to use or lack of performance of software: (a) Due to expiration, cancellation or withdrawal of such software; (b) That has not yet been released from its development stage; or (c) That has not passed all test runs or proven successful in applicable daily operations. b. Damages, loss or expense arising directly or indirectly from: (1) The illegal, unauthorized or wrongful collection of "personally identifiable information" including but not limited to collection of "personally identifiable information" using cookies or malware, if committed by or with the knowledge of the insured; or (2) The failure to provide required notice that such "personally identifiable information" is being collected. c. Damages, loss or expense arising directly or indirectly from the seizure, confiscation, expropriation, nationalization or destruction of a "computer system" by order of any governmental authority. d. Any "network security or data breach event" or "privacy event" that results from an act, error or omission that takes place prior to the inception date of this policy if the insured knew or reasonably should have foreseen that such act, error or omission would give rise to a claim or "privacy event mitigation expense". e. Damages, loss or expense based upon, attributable to, arising out of, in consequence of, or in any way related to litigation or any administrative or regulatory proceedings if such litigation or administrative or regulatory proceedings were initiated prior to or were pending on the inception date of this policy. f. "Bodily injury", "property damage" or "personal and adverstising injury". g. Violation or invasion of any right of privacy except as a result of a "privacy event". h. Breach of contract by an insured or liability assumed by an insured under .any contract or agreement. This exclusion does not apply to liability the insured would have in the absence of the contract or agreement. L Fines or penalties imposed by any federal, state or local governmental authority. j. Any fraudulent, dishonest, malicious, or criminal act by the insured. k. Any "claim" or "suit' brought by or on behalf of any insured against any other insured; provided, however, that this exclusion will not apply to any otherwise covered "claim" or "suit" brought by or on behalf of any insured against a Named Insured arising out of a "privacy event", provided that such insured is not involved in any manner with any such "privacy event". I. Costs or expenses incurred by the insured to comply with any demand or order by any federal, state or local governmental authority other than those provided under Coverage F — Privacy Event Mitigation Expense. m. Any cost to comply with any injunctive or other non-monetray or declaratory relief or any agreement to provide such relief. GL 4000 10 16 McNeil & Co., 2016 PaF64 of 9 Includes copyrighted material of Insurance Services Office, Inc. with its permission. n. Any claim or "suit" alleging, based upon, arising out of, or resulting from, directly or indirectly, any unsolicited electronic faxes, emails, telephone calls or unsolicited communications, including but not limited to claims arising out of unsolicited electronic messages, chat room postings, bulletin board postings, newsgroup postings, pop-up or pop -under Internet advertising or fax -blasting, direct mailing or telemarketing, or claims alleging violations of the Telephone Consumer Protection Act, of 1991, as amended, the CAN -SPAM Act of 2003, as amended, and any other federal, foreign or state anti -spam statutes,r or federal, foreign or state statute, law or regulation relating to a person's right to seclusion and privacy. o. Any uploading, downloading, piracy or file -sharing of digitized music, photos, movies, software or video games. p. Any actual or alleged: (1) Price fixing, restraint of trade, monopolization, including violations of the Sherman Anti -Trust Act, the Clayton Act, or any similar provision of any federal, state, or local statutory law or common law anywhere in the world; or (2) Unfair trade practices or violation of consumer protection laws; provided, however that this exclusion does not apply to any otherwise covered claim under Insuring Agreements E or F; or (3) Violation of the Employee Retirement Income Security Act of 1974, as amended; the Securities Act of 1933, as amended; the Securities Exchange Act of 1934 as amended; or any state Blue Sky or securities law or similar state, foreign or federal statute, including any regulation or order issued pursuant to any of the foregoing statutes. q. Any actual or alleged infringement, misappropriation or violation of any patent, copyright, trademark, service mark, trade dress or trade name. r. Alleging, based upon, arising out of, or resulting from, directly or indirectly, to section 605 (requirements relating to information contained in consumer reports) or 616 (civil liability for willful noncompliance) of the Fair Credit Reporting Act, or any other similar federal, state or local laws or regulations, including but not iimited-to any iavvs or regulations requiring truncation of payrnent card numbers on, or the reniovai of the expiration date from, payment card receipts. 4. Extended Reporting Periods a. We will provide one or more Extended Reporting Periods, as described below, and notify you in writing within thirty days of policy termination, if: (1) This Coverage Part is canceled or not renewed; or (2) We renew or replace this endorsement with other insurance that does not apply to monetary damages on a first discovered and reported basis; or (3) We renew or replace this endorsement with other insurance containing terms and conditions that are less favorable for you than those contained in this endorsement. b. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They only apply to claims arising out of "network security or data breach event" or "privacy event mitigation expenses" arising out of a "privacy event" that occurred prior to the end of the policy period. Once in effect, Extended Reporting Periods may not be canceled. c. (1) A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for sixty (60) days. (2) During the Basic Extended Reporting Period you have the right to report claims made against you arising out of "network security or data breach event" or "privacy event mitigation expenses" arising out of a "privacy event" that occurred prior to the end of the policy period, or to report any "network security or data breach event" or "privacy event" that occurred prior to the end of the policy period which may later result in a claim or "privacy event mitigation expenses". (3) The Basic Extended Reporting Period does not apply to any claims or "privacy event mitigation expenses" that are covered under any subsequent insurance you purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such claims or "privacy event mitigation expenses". (4) The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance. GL 4000 10 16 McNeil s Co., 2016 Pigeo4 of 9 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 11 d. (1) A Supplemental Extended Reporting Period of five (5) years duration is available, but only by an endorsement and for an extra charge. This supplemental period starts when the Basic Extended Reporting Period, set forth in c. above, ends. (2) During the Supplemental Extended Reporting Period you will have the right to report claims made against you arising out of "network security or data breach event' or "privacy event mitigation expenses" arising out of a "privacy event" that occurred prior to the end of the policy period, or to report any "network security or data breach event' or "privacy event' that occurred prior to the end of the policy period which may later result in a claim or "privacy event mitigation expenses". There is no coverage during the Supplemental Extended Reporting Period for any other claims or "privacy event mitigation expenses". (3) You must give us a written request for the endorsement within sixty (60) days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. (4) We will determine the additional premium in accordance with our rules and rates in effect on the date the policy was issued or last renewed. In doing so, we may take into account the following: (a) The exposure insured; (b) Previous types and amounts of insurance; (c) Limits of insurance available under this endorsement for future payments and damages; and (d) Other related factors. The additional premium will not exceed 200% of the expiring annual premium for this coverage. (5) This endorsement shall set forth the terms, not inconsistent with this section, applicable to the Supplemental Extended Reporting Period, including a provision to the effect that the insurance afforded for claims and "privacy event mitigation expenses" first discovered during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. e. If the Supplemental Extended Reporting Period is in effect, we will provide Supplemental, Aggregate Limits of Insurance as described below, but only for claims arising out of "network security or data breach events" or "privacy event mitigation expenses" arising out of "privacy events" which are first discovered during the Supplemental Extended Reporting Period. Paragraph 2. of Section III — Limits Of Insurance will be amended to include the following: (1) Claims arising out of "network security or data breach events" first discovered during the Supplemental Extended Reporting Period will be subject to a Supplemental Aggregate Limit equal to the dollar amount shown in the Schedule for the Network Security or Data Breach Liability Aggregate Limit in effect at the end of the policy period. The Supplemental Aggregate Limit is the most we will pay for the sum of all monetary damages under Coverage E — Network Security or Data Breach Liability arising out of claims first discovered during the Supplemental Extended Reporting Period. If we make a payment for such monetary damages, the Supplemental Aggregate Limit will be reduced by the amount of such payment. Such reduced limit will then be the amount available for further covered monetary damages arising out of "network security or data breach events" first discovered during the Supplemental Extended Reporting Period. The Network Security or Data Beach Liability Each Event Limit will continue to apply. (2) "Privacy event mitigation expenses" arising out of "privacy events" first discovered during the Supplemental Extended Reporting Period will be subject to a Supplemental Aggregate Limit equal to the dollar amount shown in the Schedule for the Privacy Event Mitigation. Expense Aggregate Limit in effect at the end of the policy period. The Supplemental Aggregate Limit is the most we will pay for the sum of all "privacy event mitigation expenses" under Coverage F — Privacy Event Mitigation Expense arising out of "privacy events" first discovered during the Supplemental Extended Reporting Period. If we make a payment for such "privacy event mitigation expenses", the Supplemental Aggregate Limit will be reduced by the amount of such payment. Such reduced limit will then be the amount available for further covered "privacy events" first discovered during the Supplemental Extended Reporting Period. The Privacy Event Mitigation Expense Each Event Limit will continue to apply. B. Supplementary Payments Coverages A and B is amended to read: Supplementary Payments — Coverages A, B and E. GL 4000 10 16 McNeil & Co., 2016 PaFf f of 9 Includes copyrighted material of Insurance Services Office, Inc. with its permission. C. Limits Of Insurance For the purposes of coverage provided by this endorsement, the following is added to Section III — Limits Of Insurance: 1. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of: a. Insureds;. b. Claims made, "suits" brought or "privacy events"; or c. Persons or organizations making claims or bringing "suits." 2. The following applies to Coverage E — Network Security or Data Breach Liability: a. The Network Security or Data Breach Liability Aggregate Limit shown in the Schedule is the most we will pay for the sum of all monetary damages under this endorsement; b. Subject to 2.a. above, the Network Security or Data Breach Liability,Each Event Limit is the most we will pay for all monetary damages resulting from any one "network security or data breach event".. All monetary damages arising out of related "network security or data breach events" will be deemed to be one "network security or data breach event". 3. The following applies to Coverage F — Privacy Event Mitigation Expense: a. The Privacy Event Mitigation Expense Aggregate Limit shown in the Schedule is the most we will pay for the sum of all "privacy event mitigation expenses" under this endorsement; b. Subject to 3.a. above, the Privacy Event Mitigation Expense Each Event Limit is the most we will pay for all "privacy event mitigation expenses" resulting from any one "privacy event". All "privacy event mitigation expenses" arising out of related "privacy events" will be deemed to be one "privacy event". 4. The Limits of Insurance under this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. D. Conditions Fortne purposes of coverage provided by this endorsement, Section ry ='Conditions is modified as foiiows: 1. Sub -paragraph a. under Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit as respects coverage provided by Coverage E — Network Security or Data Breach Liability is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of a "network security or data breach event," "occurrence" or an offense which may result in a claim or "suit." To the extent possible, notice should include: (1) How, when and where the "network security or data breach event," "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "network security or data breach event," "occurrence" or offense. 2. The following is added under Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit as respects coverage provided by Coverage F — Privacy Event Mitigation Expense: e. You must cooperate with us and our designated representatives in the provision of the services described in "privacy event mitigation expenses". 3. The following is added as .respects coverage provided by Coverage F — Privacy Event Mitigation Expense: Duties in the Event of a Privacy Event a. You must notify us as soon as practicable of a "privacy event", but in no event later than thirty (30) days after you incur "privacy event mitigation expenses" for which coverage will be requested under this endorsement. b. With respect to a "privacy event", you must notify us in writing as soon as practicable but no later than sixty (60) days after the first discovery. of the "privacy event" by you. Notice must include: (1) How, when and where the "privacy event" took place; (2) A description of the "privacy event"; (3) The number of individuals and type of "personally identifiable information" involved in the "privacy event"; GL 4000 10 16 McNeil & Co., 2016 Pfge6 of 9 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 11 . (4) Upon request by us, the names and addresses of individuals affected by the "privacy event". c. You must provide us with all information and assistance that we request and cooperate with us and our designated representatives in the: (1) Investigation of any "privacy event" or any acts, errors or omissions that may result in a "privacy event"; and (2) Provision of the services described in "privacy event mitigation expenses". 4. The following is added as respects coverage provided by this endorsement: Your Right to Claim Information a. Upon request, we will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding first discovery coverage endorsement we have issued to you during the previous three years: (1) A list or other record of each "network security or data breach event" or "privacy event", not previously reported to any other insurer, of which we were notified in accordance with Paragraph 2. Duties In the Event of Occurrence, Offence, Claim or Suit of Section 1V — Conditions or Paragraph D.3. above. We will include the date and brief description of the "network security or data breach event" or "privacy event" if that information was in the notice we received. (2) A summary by policy year, of payments made and amounts reserved, stated separately, under any applicable aggregate limit. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. b. You must not disclose this information to any claimant or any claimant's representative without our consent. c. We compile claim and related information for our own business purposes and exercise reasonable care in doing so. In providing this information to the first Named Insured, we make no representations or warranties to insureds, insurers, or others to whom this information is furnished by or on behalf of any insured. Cancellation or non -renewal will be effective even if we inadvertently provide inaccurate information. 5. All references to Coverages A and B are amended to read Coverages A, B, E, and F under Paragraph 4. Other Insurance as respects coverage provided by this endorsement. 6. The following is added under Paragraph 4. Other Insurance as respects coverage provided by this endorsement: d. However, if the insured has another policy, coverage part or endorsement issued by us or one of our affiliated companies that applies to damages, loss or expense we cover under this endorsement, the most we will pay in total is the single largest applicable limit. This limitation, on the amount we will pay applies regardless of whether this coverage or the other coverage is primary, unless the other coverage was purchased specifically to apply in excess of this coverage. E. The following definitions are added to Section V — Definitions: 1. "Computer system" means any: a. Computer hardware, including Personal Digital Assistants (PDAs) and other transportable or hand held devices, software or firmware, or components thereof including data stored thereon, and associated networking equipment or backup facilities; b. Communications networks including the internet, intranets, extranets or virtual private networks to the extent used by the items in a. above; By which "electronic data" is collected, transmitted, processed, stored or retrieved. "Computer system" includes "electronic data" that is stored on any of the items described in a. above or temporarily outside of your "computer system" for use by an insured. 2. "Confidential corporate information" means any commercial trade secret, data, design, interpretation, forecast, formula, method, practice, process, record, report or other item of information of a third party which is: a. Not available to the general public; and (1) Provided to you under a mutually agreed to written confidentiality or non -disclosure agreement; or (2) Marked confidential or otherwise specifically designated in writing as confidential by such third party. GL 4000 10 16 McNeil & Co., 2016 Paniof 9 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 3. "Electronic Data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, �. tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 4. "Network Security or Data Breach Event" means: a. Transmission of malware from your "computer system" to a third party; b. The inability of an authorized user to access your website or your "computer system" because of a denial of service attack; or c. A "privacy event". As used in this definition, a denial of service attack means a malicious attack intended by the perpetrator to overwhelm the capacity of your "computer system" or website by sending an excessive volume of "electronic data" to such "computer system" or website in order to prevent authorized access to it. 5. 'Personally identifiable information" means any: a. Individual's name in combination with any one or more of the following: (1) Social security number, (2) Drivers license number or any other state identification number; (3) Medical or healthcare data including protected health information; (4) Any account number, credit card number or debit card number; (5) Any account relationships, account balances or account histories; or (6) Any password, access code or other security code that would permit access to a financial account. b. Non-public personal information as defined in any part of the following statutes or regulations which regulate the use and protection of non-public personal information (as defined in such statutes or regulations): (1) Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the rules and regulations promulgated thereunder, as amended; (2) Gramm -Leach Bliley Act of 1999 (GLBA) and the rules and regulations promulgated thereunder, as amended; or (3), Other state; feaeraior iocai privacy iavirs requiring �easonabie`sec`urity within a 'computer system for non-public personal information, or a privacy policy limiting the sale, disclosure or sharing of non- public personal information or providing individuals with the' right to access or collect non-public personal information. 6. "Privacy Event" means: a. Unauthorized disclosure of, loss of, theft of, or unintentional delivery or exposure to others of "personally identifiable information" or "confidential corporate information" which is in the insured's care, custody or control. Such disclosure, loss, theft or unintentional delivery or exposure to others is limited to information obtained or released directly from your "computer system"; or b. Failure by you to disclose or warn of actual or potential disclosure or misappropriation of "personally identifiable information" or "confidential corporate information", but only if this endorsement covers such disclosure or misappropriation and it resulted directly from a. above; or c. Violation or the investigation of a violation of any federal, state or local privacy statute addressing disclosure or misappropriation of "personally identifiable information" or "confidential corporate information", but only if this endorsement covers such disclosure or misappropriation and it resulted directly from a. above. 7. "Privacy Event Mitigation Expense" means: a. Reasonable and necessary fees and expenses for: (1) An outside vendor to conduct a computer forensic analysis with reasonable allocation of time and resources to investigate your "computer system" to determine the cause and extent of a "privacy event'; (2) An approved crisis management or legal firm to review the "privacy event" and advise you on the appropriate response; (3) Travel by directors, executive officers, partners or employees of the insured which is done to mitigate damage from the "privacy event"; (4) Printing, advertising, mailing of materials or other costs to provide notice to affected parties of a "privacy event" for the purposes of maintaining good will or compliance with any notification requirements imposed by law; and GL 4000 10 16 McNeil & co.. 2016 Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 114 (5) Services provided to .any individual whose primary identification is the subject of a "privacy event", but only if the primary purpose of such services is mitigating the effect of the "privacy event": (i) Reasonable fees and expenses to establish, maintain and provide call center services; (ii) Credit file monitoring services; or (iii) Reasonable fee's and expenses for any other service specifically approved by us in writing. b. However; 'privacy event mitigation expense" shall not include: (1) Compensation, fees, benefits or overhead of any insured or employee of any insured; (2) Costs or.expenses that would have.been incurred in the absence of the "privacy event"; (3) Costs or expenses associated with upgrading, maintaining, improving, repairing or remediating any "computer system" as a'result of a "privacy event or (4) Costs or expenses associated with upgrading, maintaining, improving, repairing or remediating any procedures, services or property as a result of a "privacy event". GL 4000 10 16 McNeil & Co., 2016 PaFJg of 9 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY CG 0220 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following:. COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following: 2. Cancellation Of Policies In Effect a. For 90 Days Or Less If this policy has been in .effect for 90 days or less, we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, aa.4Vli pal llieu by tl IV rGOJV I's- 1Vr- cancellation, at least: (1) 10 days before the effective date of cancellation if we cancel for .nonpayment of premium; or (2) '20 days before the effective date of cancellation if we cancel for any other ,reason, except we may cancel immediately if there has been: (a) A material misstatement or misrepresentation; or (b) A failure to comply with the underwriting requirements established by the insurer. b. For More Than 90 Days If this policy has been in effect for more than 90 days, we may cancel this policy only for .one or more of the following reasons: (1) Nonpayment of premium; (2) The policy was obtained by a material misstatement; (3) Failure to comply with underwriting requirements established by the insurer within 90 days of the effective date of coverage; (4) A substantial change in the risk covered by the policy; or �J� t11C 1.al11.e110UV11 IJ I QII II tlUtt: IVVJ II UVCI such policies for a given class of insureds. If we cancel this policy for any of these reasons, we will mail or deliver to the first Named Insured written notice of cancellation, accompanied by the reasons for cancellation, at least: (a) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (b) 45 days before the effective date of cancellation . if we cancel for any of the other reasons stated in Paragraph 2.b. B. Paragraph 3. of the Cancellation Common Policy Condition is replaced by the following: 3. We will mail or deliver our notice to the first Named Insured at the last mailing address known to us. 116 CG 02 20 03 12 © Insurance Services Office, Inc., 2011 Page 1 of 2' C. Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following: 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us, we will mail the refund within 15 working days after the date. cancellation takes effect, unless this is an audit policy. If this is an audit policy, then, subject to your full cooperation with us or our agent in securing the necessary data for audit, we will return any premium refund due within 90 days of the date cancellation takes effect. If our audit is not completed within this time limitation, then we shall accept your own audit, and any premium. refund due shall be mailed within 10 working days of receipt of your audit. The cancellation will be effective even if we have not made or offered a refund. D. The followingis added and supersedes any other provision to the contrary: Nonrenewal 1. If we decide not to renew this policy, we will mail or deliver to the first Named Insured written notice of nonrenewal, accompanied by the reason for nonrenewal, at least 45 days prior to the expiration of this policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured at the last mailing address known to us. If .notice is mailed, proof of mailing will be sufficient proof of notice. 117 Page 2 of 2 © Insurance Services Office, Inc., 2011 CG 02 20 03 12 COMMERCIAL GENERAL LIABILITY CG 33 80 02 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - BINDING ARBITRATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART. UNDERGROUND STORAGE TANK POLICY If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, then both parties may, by mutual consent, agree in writing to arbitration of the dis- agreement. If both parties agree to arbitrate, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, both parties must request"that-selection-pe-made"by a"judge of-a'court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and .2. Bear the expenses of the third arbitrator equal- ly. Unless both parties agree otherwise, arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. 118 CG 33 80 02 10 © Insurance Services Office, Inc., 2009 Page 1 of 1 ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE EXTENSIONS This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. Enhanced Property Damage Paragraph a. Expected or Intended Injury in 2 Exclusions under Section I — Coverages, Coverage A Bodily Injury and Property Damage Liability is deleted and replaced with the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Damage to Rented Premises The following paragraph is added to j. Damage to Property of 2. Exclusions under Section I — Coverages, Coverage A Bodily Injury and Property Damage Liability: Paragraphs (1), (3), and (4) of this exclusion do not apply to "property damage" to premises, including the contents of such premises, rented to you or occupied by you with the permission of the owner for a period of 8 or more consecutive days. The most we will pay for all such "property damage" is $50,000. I' 3. Damage to Property The term "damage by fire" is amended to "damage by fire, lightning or explosion" in j. Damage to Property of 2. Exclusions under Section I — Coverages, Coverage A Bodily Injury and Property Damage Liability, paragraph 6. under Section III — Limits of Insurance and paragraph 9.a. under Section V — Definitions. 4. Customer's Autos Paragraphs g. Aircraft, Auto or Watercraft and j. Damage to Property in 2. Exclusions under Section I — Coverages, Coverage A Bodily Injury and Property Damage Liability do not apply to "customer's autos" while on or next to those premises you own, rent or control that are used .for "auto" repair or service. The most we will pay for "property damage" to a "customer's auto" is. $50,000. The following definition is added to Section V — Definitions; "Customer's auto" means an "auto" temporarily in your care, custody or control for the purpose of receiving repair or service but does not include an "auto" owned by, rented or loaned to any insured. This extension only applies if there is no "auto" policy or coverage part provided by us which affords such coverage. 5. Patients Property Paragraph j. Damage to Property in 2. Exclusions under Section I — Coverages, Coverage A Bodily Injury and Property Damage Liability does not apply to the personal effects of fire and rescue victims, medical patients, and the immediate relatives of such victims and patients, while such property is in your care, custody or control at the scene of an emergency or while in transit to or from a medical care facility.. The most we will pay for "property damage" to patients property is $50,000. This extension only applies if there is no inland marine policy or coverage part provided by us which affords such coverage. GL 2014 01 15 McNeil & Co., 2015 PTf4 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 6. Bail Bonds Subparagraph 1.1b. under Section I — Coverages, Supplementary Payments — Coverages A and B is amended to read as follows: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 7. Your Expenses Subparagraph 1.d. under Section I — Coverages, Supplementary Payments — Coverages A and B is amended to read as follows: d. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suit', including actual loss of earnings up to $1,000 a day because of time off from work. 8. Additional Insured The following are added to Section II — Who Is An Insured: a. Persons or Organizations - As Required By Contract Any person or organization when you have agreed in writing in a contract or agreement that such person or organization is to be included on your policy as an additional insured. Such person or organization is only an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your ongoing operations for such person(s) or organization(s); (2) "Your products"; or /Z\ Your Vice or. maintenance of a Nnromieec um, nwn runt learn nr�s.n, nr_ nthenence Yice_.�nn#h t}�e � i .,,....,..,.. �.,.. err permission of the owner, except those premises you lease from person(s) or organization(s) for which paragraph 8.b. below applies. b. Managers, Landlords or Lessors of Premises Any person or organization from whom you lease premises when you have agreed in writing in a contract or agreement that such person or organization is to be included on your policy as an additional insured. Such person or organization is only an insured with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person(s) or organization(s). c: Lessors of Leased Equipment Any person or organization from whom you lease equipment when you have agreed in writing in a contract or agreement that such person or organization is to be included on your policy as an additional insured. Such person or organization is only an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. Coverage provided to the person(s) or organization(s) included as an insured in subparagraphs 8.a., 8.b., and 8.c. above only applies if the written contract or agreement identified in subparagraphs 8.a., 8.b., and 8.c. above is executed prior to the "bodily injury" "property damage", or "personal and advertising injury". Coverage shall be primary and not contributory with respect to the person(s) or organization(s) included as an insured in subparagraphs 8.a., 8.1b., and 8.c. above. Any other insurance such person or organization has will be GL 2014 01 15 McNeil & Co., 2015 P�ge� of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. LL excess and not contributory with this insurance but this provision only applies if it is required in the written contract or agreement identified in subparagraphs 8.a., 8.b., and 8.c. above. 9. Newly Formed or Acquired Organizations Subparagraph 3.a under Section ll,— Who Is An Insured is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the.organization or the end of the policy period, whichever is earlier. 10. Duties in the Event of Occurrence, Offense, Claim, or Suit The following subparagraph e. is added to 2. Duties in the Event of Occurrence, Offense, Claim, or Suit under Section IV — Commercial General Liability Conditions: e. Knowledge of any 'occurrence", offense, claim, or "suit' will be deemed knowledge by you only when such "occurrence", offense, claim; or "suit' is known to an officer, director, commissioner, board member, trustee, "employee", "volunteer worker' or appointee designated by you to give us notice of such 'occurrence offense, claim, or "suit'. 11. Waiver of Subrogation Paragraph 8. Transfer of Rights of Recovery Against Others to Us under Section IV — Commercial General Liability Conditions is deleted and replaced by the following: 8. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. This condition does not apply to persons or organizations with which you have a written contract and for which the provisions of paragraph 8. of this endorsement apply, but only to the extent that subrogation is waived prior to the 'occurrence" or offense under such written contract with that person or organization. 12. Liberalization If we revise this coverage part to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 13. Mental Anguish Paragraph 3. under Section V - Definitions is deleted and replaced by the following: 3. 'Bodily injury" means bodily injury, disability, sickness or disease sustained by a person including death . resulting from'any of these. "Bodily injury" includes "mental anguish" or other mental injury. "Mental anguish" means mental suffering or emotional .disturbances such as distress, fear, anxiety, depression, grief or psychosomatic physical symptoms. GL 2014 01 15 McNeil & Co., 2015 Peof of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: MEPK08664802 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Medical Transporation Management, Inc. 16 Hawk Ridge Drive Lake Saint Louis, MO 63367 With respects to operations of the named insured information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 122 CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: MEPK08664802 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): LogistiCare Solutions, LLC 8600 NW 36th St., Suite #600 Miami, FL 33166 With respects to operations of the named insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ili — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the. amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 123 Page 1 of 1 POLICY NUMBER: MEPK08664802 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Brevard County Fire Rescue 1040 S. Florida Ave. Rockledge, FL 32955 With respects to operations of the named insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 124 CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: MEPK08664802 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Access2Care, LLC 6200 S Syracuse Way, Ste 200 Greenwood Village, CO 80111 With respects to operations of the named insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. © Insurance Services Office, Inc., 2012 shall not increase the Insurance shown in the 125 Page 1 of 1 ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRE &.RESCUE SERVICE This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Except with respect to SECTION V — DEFINITIONS, wherever the term "occurrence" is used in this Coverage Form, including amendments and endorsements, it is hereby replaced with the following: "occurrence" or "Fire & Rescue Service" B. SECTION V —. DEFINITIONS is amended as follows: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" or the "Fire & Rescue service" that caused it. 23. "Fire & Rescue Service" means any actual or alleged act, error or omission by you or any insured in: a. Providing or failing to provide firefighting services; b. Providing or failing to provide emergency rescue services; c. Providing or failing to provide hazardous materials response services; 4. Providing Ui failingto provide f s—f aid; e. Providing or failing to provide professional services of an emergency medical technician (EMT),. paramedic, nurse or other medical personnel, including: (1) Furnishing or dispensing, or failing to furnish or dispense drugs, or surgical or medical supplies or devices; (2) Providing or failing to provide ambulance or emergency medical transportation services; and f. Dispatching or failing to dispatch personnel to provide any of the above services. C. In SECTION I COVERAGES, Exclusion 2.a. Expected or Intended Injury under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended to read as follows: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage":. (1) Resulting from the use of reasonable force to protect persons or property; or (2) Arising from "Fire & Rescue Service". GL 2001 01 15 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. McNeil & Co., 2015 126 ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WHO IS INSURED This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Paragraph 2. of Section 11— Who Is An Insured is deleted and replaced with the following: 2. Each of the following is an insured: a. (1) Your officers, directors, commissioners, board members, trustees, and appointees but only with respect to their duties as your officers, directors, commissioners, board members, trustees and appointees. (2) Your "employees" and "volunteer workers" but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. (3) Your officers, directors, commissioners, board members, trustees, appointees, "employees" and "volunteer workers" while rendering emergency assistance at the scene of an emergency encountered suddenly and unexpectedly. Such assistance must be independent of any other. organization. (4) Your medical directors but only with respect to their duties as your medical directors. (5) However, none of these are insureds for "property damage" to property: (i) Owned, occupied or used by, (ii) Rented to, in the care, custody or control of,. or over which physical control is being exercised for any purpose by you or any of your officers, directors, commissioners, board members, trustees, appointees, "employees", "volunteer workers," or medical directors. b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Any person or organization that owns "commandeered property" but only with respect to liability arising out of your use of such "commandeered property." "Commandeered property" means real and personal property belonging to someone else including but not limited to watercraft, aircraft, "mobile equipment", or animals that you commandeer, seize, borrow or take over for official use to handle an "emergency situation" or to enforce the laws of the local, state or federal government. "Emergency situation" means an unexpected situation demanding immediate, official action. B. Paragraph c. of 4. Other Insurance under Section IV — Commercial General Liability Conditions.is amended to read as follows: c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. If any of the other insurance applies to liability arising out of your use of "commandeered property", this insurance shall be primary as respects liability arising out of your use of "commandeered property", and will not share with such other insurance. GL 2002 01 15 McNeil & Co., 2015 PTZ 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INJURY TO VOLUNTEER WORKERS This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following exclusion is added to Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: ".Bodily Injury" to: a. A "volunteer worker" arising out of and in the course of their duties for you or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that "volunteer worker" as a consequence of paragraph a. above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion only applies if you are legally required to provide insurance covering the "volunteer worker" under any workers compensation or disability benefits law (or similar law) and you fail to do so. B. Under Paragraph 2. Exclusions of COVERAGE C MEDICAL PAYMENTS, exclusion a. Any Insured is amended to read as follows: a. Any Insured To any insured, except "volunteer workers". But this exclusion only applies to "volunteer workers" if you are legally required to provide insurance covering "volunteer workers" under any workers compensation or disability benefits law (or similar law) and you fail to do so. GL 2003 04 02 P ie I of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. LL © ISO Properties, Inc., 2000 0 McNeil & Co., 2002 ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMIT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Paragraph 2. of Section III — Limits Of Insurance: The General Aggregate Limit applies separately to each entity that is scheduled as a Named Insured on the Declarations. Also, the General Aggregate Limit applies separately to each "location" you own, rent or occupy that is scheduled on the Declarations. For the purposes of this endorsement,. Section V - Definitions is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. GL 2005 01 11 McNeil& Co., 2011 Pa]P29 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT & WATERCRAFT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Exclusion 2.g.(2) under Coverage A Bodily Injury And Property: Damage Liability is deleted and replaced with the following: (2) A watercraft that is not being used to carry persons or property for a charge and which: (a) You do not own; or (b) Which you do own but it is less than 35 feet long. B. The following subsections are added to Exclusion 2.g. under Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft that is not owned or operated by any insured described in Paragraph 1. or Paragraph 2.a. of Section II — Who Is An Insured and which is being used for firefighting, emergency rescue or emergency evacuation purposes. (7) An unmanned aerial vehicle, commonly known as a drone, that is owned or operated by any insured described in Paragraph 1. or Paragraph 2.a. of Section II - Who Is An Insured and which is being used for firefighting, emergency rescue or emergency evacuation purposes, including training for such use. GL 2006 01 15 McNeil & Co., 2015 PBoa„1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 19N ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FELLOW MEMBER This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following exclusion is added .to Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: "Bodily injuryto any fellow "employee" or "volunteer worker" of the insured arising out of and in the course of: a. the fellow "employee's." employment by you or performing duties related to the conduct of your business; or b. the fellow "volunteer worker's" duties for you or performing duties related to the conduct of your business. This exclusion does not. apply if Fellow Member Coverage is shown in the Schedule as included. B. Notwithstanding Subparagraph 2.a.(5) under SECTION II — WHO IS AN INSURED, "employees" or "volunteer workers" shall be included as insureds for "property damage" they cause to the property of a fellow "employee" or "Volunteer worker" if Fellow Member Coverage is shown in the Schedule as included. C. The definition of 5. "Employee" under SECTION V —DEFINITIONS is replaced with the following: 5. "Employee" includes a "leased worker" and a "temporary worker". GL 2004 01.15 PAVII of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. McNeil & Co., 2015 COMMERCIAL GENERAL LIABILITY CG 2196 03 05 - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA -RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., 13. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Exclusions of Section 1 — Coverage B — Per - Injury And Property Damage Liability: sonal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: Silica Or Silica -Related Dust a. "Bodily injury" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, or ingestion of, "sil- ica" or "silica -related dust". b. "Property damage" arising, in whole or in part., out of the Actual,—alleged.—threatened_ or suspected contact with, exposure to; ex- istence of, or presence of, "silica" or "silica - related dust". c. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, remediating' or disposing of, or in any way responding to or assessing the effects of, "silica" or "silica -related dust", by any in- sured or by any other person or entity. This insurance does not apply to: Silica Or Silica -Related Dust a. "Personal and advertising injury" arising, in whole or in part, out of the actual, alleged,. threatened or suspected inhalation of, in- gestion of, contact with, exposure to, exis- tence of, or presence of, "silica" or "silica - related dust". b. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, "silica" or "silica -related dust", by any in- sured or by any other person or entity. C. The following definitions are added .to the Defini- tions Section: 1. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), sil- ica particles, silica dust or silica compounds. 2. "Silica -related dust" means a mixture or com- bination of silica and other dust or particles. 132 CG 2196 03 05 © ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 24 09 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GOVERNMENTAL SUBDIVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to b. include.as an insured any elective or appointive of- ficer or a member of any board or commission or agency of yours while acting within the scope of their duties as such. B. Paragraph b. of the definition of "mobile equip- ment' in the Definitions Section is replaced by the following: 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: Vehicles maintained for use solely on or next to premises you own or rent. However, any land motor vehicle, trailer or semi -trailer designed for travel on public roads (includ- ing any machinery or apparatus that is at- tached) owned or leased by you shall be, deemed an "auto" and not "mobile equip- ment" if the only reason for considering it "mobile equipment" is that it is maintained for use. exclusively on streets or highways owned by you. CG 24 09 07 98 Copyright, Insurance Services Office, Inc., 1997 133 Page 1 of 1 ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMERGENCY SERVICE LIABILITY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following is added to Section I — Coverages: Coverage D Emergency Service Liability 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as monetary damages because of a "wrongful act" to which this insurance applies. We have the right and duty to defend the insured against any "suit" seeking those monetary damages. We have no duty to defend the insured against any "suit" not seeking monetary damages. We also have no duty to defend the insured against any "suit" based upon; arising out of, or attributable to a "wrongful act" to which this insurance does not apply. However, at our discretion, we have the right to investigate any "wrongful act" and settle any "claim" or "suit" that may result. But: (1) The amount we will pay for monetary damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B, D, or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Suppiementary_Pay_ments — Coverages A, B and D. b. This insurance applies to a "wrongful act" only if: (1) Such "wrongful act" takes place in the "coverage territory"; (2) Such "wrongful act' occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured, or no "employee" or "volunteer worker" authorized by you to give or receive notice of a "wrongful act" or "claim", knew that the "wrongful act" had occurred, in whole or in part. If such a listed insured or authorized "employee" or "volunteer worker" knew, prior to the policy period, that the "wrongful act" occurred, in whole or in part, then. any continuation, change or resumption of such "wrongful act" during or after the policy period will be deemed to have been known prior to the policy period. c. A "wrongful act" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph. 1. of Section 11 — Who Is An Insured or any "employee" or "volunteer worker" authorized by you to give or receive notice of a "wrongful act" or "claim": (1) Reports all, or any part, of the "wrongful act" to us or any other insurer; (2) Receives a "claim" because of the "wrongful act'; or (3) Becomes aware by any other means that a "wrongful act" has occurred or has begun to occur. d. A "wrongful act" which occurs during the policy period includes any continuation, change or resumption of that "wrongful act" after the end of the policy period. 2. Exclusions a. This insurance does not apply to a "wrongful act" based upon, arising out of, or attributable to: (1) An insured acting as a director or officer, or in a fiduciary capacity as a trustee, or in any similar capacity, for any person or organization other than the Named Insured. (a) This exclusion does not apply to an insured who, with your express approval and consent, serves as an officer or director of a not-for-profit organization that is outside of your control and qualifies as a not-for-profit organization under the provisions of the Internal Revenue Code. GL 0200 01 15 McNeil & Co., 2015 P1 e41 of 6 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. (b) Coverage provided under this policy is excess over and shall not contribute with: (i) any insurance purchased by or onbehalf of any organization described in a.(1)(a) above; or (ii) any other indemnification to which the insured is entitled from the organization described in a.(1)(a) above. (c) In no event will the insurance provided under this policy inure to the benefit of the organization described in a.(1)(a) above, or to any of its directors, officers or employees, except to the extent that coverage is provided to an insured under this policy as set forth in a.(1)(a) above. (2) The gaining of any profit or advantage to which an insured was not legally entitled. (3) The actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants;" including: (a) Any request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants;" or (b) Any "claim" or "suit" by or on behalf of a govemmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any Way responding to, or assessing the effects of "pollutants." (4) Any criminal, malicious or deliberate fraudulent act by the insured, including any malicious or intentional discrimination or harassment of any kind. (a) This exclusion shall apply only if it is finally adjudicated that such conduct in fact occurred. (b) This exclusion shall apply only to those insureds that engaged in such conduct and shall not be imputed to any other insured. (c) This exclusion does not affect our duty to defend an insured, in accordance with Paragraph 1.a. above, prior to determining, through the appropriate legal processes, that the insured engaged in such conduct. (5) Any actual or alleged violation of the insured's responsibilities, obligations, or duties imposed by: (a) The. National Labor Relations Act. (b) The Consolidated Omnibus Budget Reconciliation Act of 1985. (c) The Worker Adjustment and Retraining Notification Act. (d) The Fair Labor Standards Act, however, this exclusion (d) does not apply to the Equal Pay Act. (e) The under -funding or inadequate funding of any qualified or non-qualified pension or service awards program, or any liability imposed under the Employee Retirement Income Security Act of 1974, the Pension Reform Act of 1974, or similar provisions of any federal, state or local statutory law. (f) Any workers compensation, social security, disability benefits or unemployment compensation law or similar federal, state, or local statute or regulation, however, this exclusion (f) does not apply to "benefits administration". However, this exclusion (5) does not apply to a "wrongful act" based upon, arising out of, or attributable to the actual or alleged retaliatory treatment of the claimant by an insured arising from the .claimant's exercise of rights pursuant to any such statute or law. (6) The operation of the principles of eminent domain, inverse condemnation, condemnation proceedings, adverse possession, or dedication by adverse use, including similar actions by whatever name called. (7) The failure to effect or maintain any insurance or bonds of any kind. This exclusion does not apply to "benefits administration". b. This insurance also does not apply to: (1) "Bodily injury" or "property damage" arising out of: (a) "Fire -Rescue Service". (b) The ownership, maintenance, use or entrustment to others of any aircraft, "auto", watercraft, or "mobile equipment" owned or operated by or rented or loaned to any insured. Use includes operation and "loading and unloading".. This exclusion applies even if the actual or alleged "wrongful act" is based upon, arising out of, or attributable to negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by the insured, if the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others GL 0200 01 15 McNeil & Co., 2015 Paf3g of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. of any aircraft, "auto", watercraft or "mobile equipment" that is ownedor operated by or rented or loaned to any insured. (c) Causing or contributing to the intoxication of any person, furnishing alcoholic beverages to a person under the legal drinking age or under the influence of alcohol, or any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. (d) Loss of or damage to property owned by an insured. (2) "Bodily injury" to an "employee" or "volunteer worker". This exclusion does not apply to "employment related practices". (3) "Personal and advertising injury". However, this exclusion does not apply to an actual or alleged act, error or omission by you or any insured arising out of the violation of any federal, state or local statute, ordinance or regulation that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of individually identifiable health information. (4) Breach of contract other than an "employment contract." (5) Damages, other than defense costs, for any actual or alleged breach of any "employment contract". This exclusion does not apply to liability for damages that the insured would have in the absence of the "employment contract". (6) Liability assumed by an insured in a contract or agreement. This exclusion does not apply to liability_ for damages that the insured would have in the absence of the contract or agreement. (7) Fines or penalties imposed by any federal, state or local governmental authority. (8) Costs or expenses incurred by the insured to comply with any demand or order by any federal, state or local governmental authority. (9) Any "claim" seeking relief or redress in any form other than monetary damages. K Supplementary"Payments Coverages A and B -is amended to read' Supplementary Payments — Coverages A, B and D. C. The following are added to Paragraph 2. of Section II — Who Is An Insured but only with respect to Coverage D Emergency Service Liability: Spousal Liability If a "claim" or "suit" for a "wrongful act" committed or allegedly committed by an insured person includes a "claim" or "suit" against the insured person's spouse (whether such status is derived by reason of statutory or common law, or any other law of any country) solely by reason of: 1. Such spousal status; or 2. Such spouse's ownership interest in property or assets that are sought as recovery for the "wrongful act" committed or allegedly committed by the insured person; all monetary damages which such spouse becomes legally obligated to pay by reason of such "wrongful act" will be treated, for the purposes of this policy, as monetary damages which the insured person becomes legally obligated to pay. Such monetary damages will be covered under Coverage D only if, and to the extent, such monetary damages would be covered if the insured person were legally obligated to pay them. However, this extension will not afford coverage for a "wrongful act" committed or allegedly committed by the spouse. Estates, Heirs And Legal Representatives If a "claim" or "suit" for a "wrongful act" committed or allegedly committed by a insured person includes a "claim" or "suit" against : 1. The estate, heirs or legal representatives of that deceased insured person; or 2. The legal representative of that insured person in the event of incompetency, insolvency or bankruptcy; all monetary damages which such estate, heirs or legal representatives become legally obligated to pay by reason of such "wrongful act" will be treated, for the purposes of this policy, as monetary damages which the GL 0200 01 15 McNeil & Co., 2015 P�aq 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. insured person becomes legally obligated to pay. Such monetary damages will be covered under Coverage D only if, and to the extent, in the absence of such death, incompetency; insolvency or bankruptcy of the insured person such monetary damages would be covered if the insured person were legally obligated to pay them. D. Paragraph 2. of Section III — Limits Of Insurance is deleted. and replaced with the following' 2. The General Aggregate Limit is the most we will pay for the sum of:. a. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products/completed operations hazard." b. .Damages under Coverage B; c. .Damages under Coverage D; and d. Medical expenses under Coverage C. E. Paragraph 5. of Section III — Limits Of Insurance is deleted and replaced with the following: 5. a. Subject to Paragraph 2. or Paragraph 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: (1) Damages under Coverages A; (2) Damages under Coverage D; and (3) Medical expenses under Coverage C; Arising out of any one."occurrence." b. For the purposes of determining Limits of Insurance, all "claims" and "suits" under Coverage D which arise out of a single "wrongful act" or a series of related "wrongful acts" shall be considered a single "occurrence." F. Clause a. under Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit of Section IV — Commercial General Liability Conditions is deleted and replaced with the following: 2. Duties in the Event of Occurrence, Offense, Claim or Suit a. You must see to it that we are notified as soon as practicable of a "wrongful act," "occurrence" or an i offense which may result in a "claim" or "suit." To the extent possible, notice should include: (1) How, when and where the "wrongful act," "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "wrongful act," "occurrence" or offense. G. Section I — Coverages and Section IV — Commercial General Liability Conditions are amended as follows: All references to Coverages A and B are amended to read Coverages A, B, and D. H. The following definitions are added to Section V — Definitions: "Benefits administration" means an actual or alleged act, error or omission by you or any insured arising out of the performance of the following functions as respects your "benefits program": a. Determining. who is eligible to participate; b. Enrolling new participants; c. Terminating participants; d. Determining benefits; including, but not limited to, maintaining records of service or employment; e. Processing claims; f. Collecting funds and applying them as required by your "benefits program"; g. Preparing reports required by state or federal government agencies; h. Giving advice to participants or prospective participants, including, but not limited to, providing reports, booklets, pamphlets, memos or messages to participants. "Benefits program" means: a. Any government -mandated insurance program for workers compensation, unemployment, social security or disability benefits operated for the benefit of your officers, directors, commissioners, board members, "employees", or "volunteer workers"; or b. Any employee benefit plan so defined by the Employee Retirement Income Security Act of 1974 operated for the benefit of your officers, directors, commissioners, board members, "employees", or "volunteer workers" including, but not limited to, pension plans, profit-sharing plans, group life insurance, GL 0200 01 15 McNeil & Co.. 2015 Peo l of 6 Includes copyrighted material of Insurance Services Office. Inc. with its permission. group accident insurance, group health, medical, or hospitalization insurance. "Claim" means: a. A verbal or written demand for monetary damages or for non -monetary relief because of a "wrongful act"; or b. A verbal or written notice from any person or organization that it is their intent to seek monetary damages or non -monetary relief from an insured because of a "wrongful act"; c. A verbal or written request for remedial action by an insured because of a "wrongful act". "Claim" does not include any labor or grievance proceeding that is subject to a collective bargaining agreement. This definition applies only to Coverage D Emergency Service Liability. "Discharge of professional duties" means work or operations performed by you or on your behalf as a fire department, ambulance company, rescue squad, emergency service association or other organization described in the Declarations. "Discharge of professional duties" includes, but is not limited to, training activities, fundraising, and community service. "EEOC Proceeding" means an investigative proceeding before the Equal Employment Opportunity Commission or an adjudicatory or investigative proceeding before any similar federal, state, or local government body whose purpose is to address "Employment Related Practices". "Employment contract" means a two-party contract between you and a single individual "employee". "Employment contract" does not mean a labor union contract or other collective bargaining agreement. "Employment related practices" means any of the following actual or alleged acts, errors or omissions by you or any insured involving a current or former "employee" or "volunteer worker", applicant for employment, or "volunteer worker" applicant: a. Discrimination based on race, ethnicity or national origin, religious or political affiliation, age or medical condition, disability or other protected characteristic of the Americans with Disabilities Act, gender, sexual orientation, marital status, or pregnancy. b. Sexual or other illegal workplace harassment including offensive, intimidating, coercive, or unwelcome conduct,_advances, contact or communications._ c. Wrongful dismissal, discharge, or termination of employment or volunteer duties including retaliatory or constructive discharge. d. Breach of "employment contract", but we will not defend an employee in a "claim" made by the Named Insured against that employee. e. Wrongful failure to employ or promote. f. Wrongful deprivation of a career opportunity. g. Wrongful disciplinary action. h. Wrongful demotion or evaluation, or adverse change in the terms, conditions, or status of employment. i. Employment-related invasion of privacy. j. Employment-related defamation. k. Employment-related wrongful infliction of emotional distress. "Fire -Rescue Service" means any actual or alleged act, error or omission by you or any insured in: a. Providing or failing to provide firefighting services; b. Providing or failing to provide emergency rescue services; c. Providing or. failing to provide hazardous materials response services; d. Providing or failing to provide first aid; e. Providing or failing to provide professional services of an emergency medical technician (EMT), paramedic, or nurse, including: (1) Furnishing or dispensing, or failing to furnish or dispense drugs, or surgical or medical supplies or devices; (2) Providing or failing to provide ambulance or.emergency medical transportation services; and f. Dispatching or failing to dispatch personnel to provide any of the above services. "Suit" means a civil proceeding in which monetary damages are alleged, or seeking remedial action, because of a "wrongful act" to which this insurance applies. "Suit" shall include: a. An.arbitration or other alternative dispute resolution proceeding to which an insured must submit, or does submit with our consent, alleging a "wrongful act"; and b. A formal administrative or regulatory proceeding, including an "EEOC Proceeding`', alleging a "wrongful act". GL 0200 01 15 McNeil & Co., 2015 Pice85 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. "Suit" does not include any labor or grievance proceeding that is subject to a collective bargaining agreement. This definition applies only to Coverage D Emergency Service Liability. "Wrongful act" means: a. An actual or alleged act; error or omission by you or any insured arising out of the "discharge of, professional duties" of the Named Insured. b. 'Benefits administration". c. "Employment related practices". d. As respects your officers and board members, "wrongful act' shall include actual or alleged malfeasance, misfeasance, or nonfeasance relating to the duties of their office or board position. i GL 0200 01 15 McNeil & Co., 2015 P of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON -MONETARY CLAIMS This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM In the event of a "claim" or "suit" seeking non -monetary relief or remedial action, but not seeking monetary damages, or a "claim" or "suit" involving the Fair Labor Standards Act, we will pay up to $100,000 reimbursement to the insured for reasonable legal expenses incurred by the insured in defending such "claim" or "suit." We will only pay such expenses if the "claim" or "suit" is based upon, arising out of, or attributable to a "wrongful act" for which coverage is not otherwise excluded under this Coverage Part. Any exclusion relating to the Fair Labor Standards Act does not apply to the coverage provided by this endorsement. Reimbursable legal expenses are limited to: (1) fees or expenses paid by the insured to an attorney or law firm; (2) fees or expenses paid by the insured to the court having jurisdiction over such "claim" or "suit"; (3) fees or expenses paid by the insured to witnesses that testify on the insured's behalf except for any witness who is an insured; and (4) the cost of any required court bonds paid by the insured, but we do not have to furnish these bonds. In the event of multiple "claims" or "suits", all of which pertain to the same "wrongful act," or pertain to a series of related "wrongful acts", $100,000 is the most we will reimburse the insured for all covered legal expenses arising out ..4. L..... ,IA 1 n..l ;... ". ... "„ .;ts" . ard! . al the mbc of n„In n O il � ..l V J41�'ill 111/ \I �IV"V UIIIIJ" VI JVI J I�yYI VJJ V - V 11 VI V 41riiJ' VI 'I'JYIIJ, VI�V 411 IGIILJ: Payment of such expenses will not.reduce the limits of insurance otherwise applicable to the same "wrongful act" or series of related "wrongful acts". GL 2007.01 15 McNeil & Co., 2015 PW of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ARCH INSURANCE COMPANY �^ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1 FINES AND PENALTIES This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM In the event of a "wrongful act' involving the violation of any federal, state or local statute, ordinance or regulation that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of individually identifiable health information, we will pay up to $100,000 per policy period for fines and penalties assessed by a federal, state or local authority as a result of such violation. Payment of such fines and penalties will not reduce the limits of insurance otherwise applicable to the "wrongful act' GL 2017.01 15 McNeil & Co., 2015 Pane 'l of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. r COMMERCIAL GENERAL LIABILITY CG 2173 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: This insurance does not apply to: TERRORISM "Any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism". B. The following definitions are added: 1. 2. For the purposes of this endorsement, "any injury or damage" means any injury or damage I:V VCItSU WiliCill `u`iia :endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part. "Certified act of terrorism" means an act that is certified by the Secretary of the.Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act: and b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion.or the inapplicabilitv. or mission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. 142 CG 2173 01 15 © Insurance Services Office, Inc., 2014 Page 1 of 1 ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE "Corrective Action Costs" Reimbursement $ 1,000,000 (If no entry appears above, information required to complete this endorsement will be shown on the Declarations as applicable to this endorsement.) I. The following is added to SUPPLEMENTARY PAYMENTS - COVERAGES A AND B: "Corrective Action Costs" Reimbursement We will pay up to the amount shown in the Schedule in the aggregate per policy year for "corrective action costs" that you become legally obligated to pay, provided the "corrective action costs" arise directly out of "pollution incident" that occurs during the policy period at a site or location where you are performing "emergency service actions" or "emergency training actions." II. The following changes apply to SECTION I - COVERAGES: A. Exclusion 21(1)(a) under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended to read: At or from any "underground storage tank system" located at any premises, site or location owned, occupied or rented by the insured prior to or during the policy period. However, this exclusion shall not apply to. "bodily injury" or "property damage" arising out of heat, smoke or fumes from a hostile fire; . B. Exclusion 21(1)(d) under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to your "emergency service actions" nor to your "emergency training actions." C. Exclusion 21(2)(b) does not apply to loss, costs, expenses, claims or "suits" arising directly out of your "emergency service actions" or "emergency training actions." GL 2009 04 02 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ISO Properties, Inc., 2000 143 McNeil & Co., 2002 III. The following is added to SECTION V - DEFINITIONS: "Corrective action costs" means reasonable and necessary expenses incurred by you for the removal or neutralization of "pollutants" in compliance with any demand or order by the United States Environmental. Protection Agency or by the Environmental Protection Agency or similar agency of any U.S. state government, by whatever name called. "Corrective action costs" exclude fines or penalties imposed by any federal, state, or local governmental authority. "Emergency service actions" means "your work" that: (1) Is conducted away from any premises you own, rent or occupy; and (2) Is in response to an official request for emergency aid. "Emergency training actions" means your training activities that: (1) Are conducted away from any premises you own, rent or occupy; and (2) Form a part of your pre -planned and pre -scheduled official training activities. "Emergency training actions" includes controlled bums of overgrown vegetation, and fires intentionally ignited by you away from any premises you own, rent or occupy for the purposes of fire suppression training and instruction. "Environmental damage" means the injurious presence in or upon land, the atmosphere, or any watercourse or body of water of solid, liquid, gaseous or thermal contaminants, irritants or pollutants. "Regulated substances" means: (1) Petroleum and all refined by-products of petroleum such as gasoline, diesel fuel, fuel oil, kerosene, or propane-,-d-Ind (2) Any hazardous substance as defined in Section 10 1(4) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, -vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Pollution incident means emission, discharge, release or escape of "pollutants" into or upon land, the atmosphere, or any watercourse or body of water, provided that such emission, discharge, release or escape results in "environmental damage". The entirety of any such emission, discharge, release or escape shall be deemed to be one "pollution .incident'. "Underground storage tank system" means a tank or tanks including any connected piping, ancillary equipment and containment systems that are: (1) Used to contain "regulated substances;" and (2) Located partially or wholly below the surface of the ground; and (3) In contact with any surface or subsurface soils. GL 2009 04 02 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. © ISO Properties, Inc., 2000 © McNeil & Co., 2002 144 ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEMPORARY LIQUOR LIABILITY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Temporary Liquor Liability Paragraph c. Liquor Liability of 2. Exclusions under Section I — Coverages, Coverage A Bodily Injury and Property Damage Liability does not apply to "bodily injury' or "property damage" arising from the distribution, sale, service or furnishing of alcoholic beverages at or during events or functions you hold, lasting not more than 10 consecutive days, but only if you: T. hold the temporary license or permit that is required by a state or local statute governing the sale or distribution of alcoholic beverages; or 2. are not required to hold a temporary license or permit by a state or local statute governing the sale or distribution of alcoholic beverages. GL 2016 01 15 McNeil & Co., 2015 POW of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 146 POLICY NUMBER: MEPK08664802 CRIME AND FIDELITY CR DS 09 08 13 CRIME AND FIDELITY COVERAGE PART DECLARATIONS (COMMERCIAL ENTITIES) (STATE OF FLORIDA) The Crime And Fidelity Coverage Part (Commercial Entities) consists of this Declarations form and the Commercial Crime Coverage Form. Coverage Is Written: ❑X Primary Excess ❑Coindemnity Concurrent Employee Benefit Plan(s) Included As Insureds: Insuring Agreements Limit Of Insurance Per Occurrence Deductible Amount Per Occurrence 1. Employee Theft $$10,000 $NA 2. Forgery Or Alteration $Not Covered $ 3. Inside The Premises — Theft Of Money And Securities $Not Covered $ 4. Inside The Premises — Robbery Or Safe Burglary Of Other Property $Not Covered $ 5. Outside The Premises $Not Covered $ 6. Computer And Funds Transfer Fraud $Not Covered $ 7. Money Orders And Counterfeit Money $Not Covered $ If "Not Covered" is inserted above opposite any specified Insuring Agreement, such Insuring Agreement'and any other reference thereto in this Policy are deleted. If Added By Endorsement: Insuring Agreement(s) Limit Of Insurance Per Occurrence Deductible Amount Per Occurrence Endorsements Forming Part Of This Coverage Part When Issued: See attached form GU207 Total Premium At Policy Inception: $Incl. CR DS 09 08 13 © Insurance Services Office, Inc., 2013 Page 1110 Cancellation Of Prior Insurance Issued By Us: By acceptance of this Coverage Part, ,you give us notice cancelling prior Policy Numbers the cancellation to be effective at the time this Coverage Part becomes effective. Name: McNeil & Company, Inc. Title: President Signature: Date: 05/18/2017 Page 2 of 2 0 Insurance Services Office, Inc., 2013 CR DS 09 943. CRIME AND FIDELITY CR 00 21 11 15 COMMERCIAL CRIME COVERAGE FORM (LOSS SUSTAINED FORM) Various provisions in this Policy restrict coverage. Read the .entire Policy carefully to determine rights, duties and what is or is not covered. Throughout this Policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Definitions. A. Insuring Agreements Coverage is provided under the following Insuring Agreements for which a Limit Of Insurance is shown in the Declarations and applies to loss .that you sustain resulting directly from an "occurrence" taking place during the.Policy Period shown in the Declarations, except as provided in Condition E.1.k'or E.U., which is "discovered" by you during the Policy Period shown in the Declarations or during the period of time provided in the Extended Period To Discover Loss Condition EA .g.: 1. Employee Theft We will pay for loss of or damage to "money", "securities" and "other property" resulting directly from "theft" committed by an "employee", whether identified or not, acting alone or in collusion with other persons. For the purposes of this Insuring Agreement, "theft" shall also include forgery. 2. Forgery Or Alteration a. We will pay for loss resulting directly from "forgery" or alteration of checks, :drafts, promissory notes, or similar written promises, orders or directions to pay a sum certain in "money" that are: (1) Made or drawn by or drawn upon you; or (2) Made or drawn by one acting as your agent; or that are purported to have been so made or drawn. For the purposes of this Insuring Agreement, a substitute check as defined in the Check Clearing for the 21 st Century Act shall be treated the same as the original it replaced. CR 00 21 11 15 b. If you are sued for refusing to pay any instrument covered in Paragraph 2.a., on the basis that it has been forged or altered,. and you have our written consent to defend against the suit, we will pay for any reasonable legal expenses that you incur and pay in that defense. The amount that we will pay for such legal expenses is in addition to the Limit of Insurance applicable to this Insuring Agreement. 3. Inside The Premises— Theft Of Money And Securities We will pay for. a. Loss of "money" and "securities" inside the "premises" or "financial institution premises": (1) Resulting directly from "theft" committed by a person present inside such "premises" or "financial institution premises'; or (2) Resulting directly from disappearance or destruction. b. Loss from damage to the "premises" or its exterior resulting directly from an actual or attempted "theft" of "money" and '.securities", if you are the owner of the "premises" or are liable for damage to it. c. Loss of or damage to a locked safe, vault, cash register, cash box or cash drawer located inside the "premises" resulting directly from an actual or attempted "theft" of, or unlawful entry into, those containers. 4. Inside The Premises - Robbery Or Safe Burglary Of Other Property We will pay for: a. Loss of or damage to "other property": (1) Inside the "premises" resulting directly from an actual or attempted "robbery" of a "custodian`; or (2) Inside the "premises" in a safe or vault resulting directly from an actual or attempted "safe burglary". 0 Insurance Services Office, Inc., 2015 149 Page 1 of 15 b. Loss from damage to the "premises" or its exterior resulting directly from an actual or attempted "robbery" or "safe burglary" of "other property", if you are the owner of the "premises" or are liable for damage to it. c. Loss of or damage to a locked safe or vault located inside the "premises" resulting directly from an actual or attempted "robbery" or "safe burglary". 5. Outside The Premises We will pay for: a. Loss of "money" and "securities" outside the "premises" in the care and custody of a "messenger" or an armored motor vehicle company resulting directly from "theft", disappearance or destruction. b. Loss of or damage to "other property" outside the "premises" in the care and custody of a "messenger" or an armored motor vehicle company resulting directly from an actual or attempted "robbery". 6. Computer And Funds Transfer Fraud a. We will pay for: (1) Loss resulting directly from a fraudulent: (a) Entry of "electronic data" or .__ _ Gui7iNu�ci Nriryia�ir' into; or (b) Change of "electronic data" or "computer program" within; any "computer system" owned, leased or operated by you, provided the fraudulent entry or fraudulent change causes, with regard to Paragraphs 6.a.(1)(a) and 6.a.(1)(b): (i) "Money", "securities" or "other property" to be transferred, paid or delivered; or (ii) Your account at a "financial institution" to be debited or deleted. (2) Loss resulting directly from a "fraudulent instruction" directing a "financial institution" to debit your "transfer account" and to transfer, pay or deliver "money" or "securities" from that account. b. As used in Paragraph 6.a.(1), fraudulent entry or fraudulent change of "electronic data" or "computer program" shall include such entry or change made by an "employee" acting, in good faith, upon a "fraudulent instruction" received from a computer software contractor who has a written agreement with you to design, implement or service "computer programs" for a "computer system" covered under this Insuring Agreement. 7. Money Orders And Counterfeit Money We will pay for loss resulting directly from your having, in good faith, accepted in exchange for merchandise, "money" or services: a. Money orders issued by any post office, express company or "financial institution" that are not paid upon presentation; or b. "Counterfeit money" that is acquired during the regular course of business. B. Limit Of Insurance The most we will pay for all loss resulting directly from an "occurrence" is the applicable Limit Of Insurance shown in the Declarations. If any loss is covered under more than one Insuring Agreement or coverage, the most we will pay to—r such loss shall not exceed the Iargest-Limit of Insurance available under any one of those Insuring Agreements or coverages. C. Deductible We will not pay for loss resulting directly from an "occurrence" unless the amount of loss exceeds the Deductible Amount shown in the Declarations. We will then pay the amount of loss in excess of the Deductible Amount, up to the Limit of Insurance. D. Exclusions 1. This insurance does not cover: a. Acts Committed By You, Your Partners Or Your Members Loss resulting from "theft" or any other dishonest act committed by: (1) You; or (2) Any of your partners or "members'; whether acting alone or in collusion with other persons. 150 Page 2 of 15 © Insurance Services Office, Inc., 2015 CR 00 2111 15 1 b. Acts Committed By Your Employees f. Governmental Action Learned Of By You Prior To The Policy Loss resulting from seizure or destruction of Period property by order of governmental authority. Loss caused by an "employee" if the g. Indirect Loss "employee" had also committed "theft" or Loss that is an indirect result of an any other dishonest act prior to the effective "occurrence" covered by this insurance date of this insurance and you or any of including,but not limited to, loss resulting your partners, "members", "managers", from: officers, directors or trustees, not in collusion with the "employee", learned of (1) Your inability to realize income that you such "theft" or dishonest act prior to the would have realized had there been no Policy Period shown in the Declarations. loss of or damage to. "money", "securities" or "other property"; c. Acts Committed By Your Employees, Managers, Directors, Trustees Or (2) Payment of damages of any type for Representatives which you are legally liable. But, we will Loss resulting from "theft" or any other pay compensatory damages arising directly from a loss covered under this dishonest act committed by any of your d insurance; or "employees", "managers", directors, trustees or authorized representatives: (3) Payment of costs, fees other (1) Whether acting alone or in collusion with expenses you incur iestablishing either the existence or the amount of t other persons; or loss under this insurance. (2) While performing services for you or h. Legal Fees, Costs And Expenses otherwise; Fees, costs and expenses incurred by you except when covered under Insuring e ew pt which are related to any legal action, except reA.1. Agreement when covered under Insuring Agreement d. Confidential Or Personal Information A.2. Loss resulting from: i. Nuclear Hazard (1) The disclosure or use of another Loss or damage resulting from nuclear person's or organization's confidential or reaction or radiation, or radioactive personal information; or contamination, however caused. (2) The disclosure of your confidential or j. Pollution personal information. However, this Loss or damage caused by or resulting Paragraph 1.d.(2) does not apply to loss from pollution. Pollution .means the otherwise covered under this insurance discharge, dispersal, seepage, migration, that results directly from the use of your release or escape of any solid, liquid, confidential or personal information. gaseous or thermal irritant or contaminant, For the purposes of this exclusion, including smoke, vapor, soot, fumes, acids, confidential or personal information alkalis, chemicals and waste. Waste includes, but is not limited to, patents, trade includes materials to be recycled, secrets, processing methods, customer reconditioned or reclaimed. lists, financial information, credit card k. Virtual Currency information, health information or any other type of nonpublic information. Loss involving virtual currency of any kind, by whatever name known, whether actual e. Data Security Breach y or fictitious including, but not limited to, Fees, costs, fines, penalties and other digital currency, crypto currency or any expenses incurred by you which are related other type of electronic currency_ to the access to or disclosure of another I. War And Military Action person's or organization's confidential or personal information including, but not Loss or damage resulting from: limited to, patents, trade secrets, (1) War, including undeclared or civil war; processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. 151 CR 00 21 11 15 © Insurance Services Office, Inc., 2015 Page 3 of 16 (2) Warlike action by a military force, d. Money Operated Devices including action in hindering or Loss of property contained in .any money defending against an actual or expected operated device unless the amount of attack, by any government, sovereign or "money" deposited in it is recorded by a other authority using military personnel continuous recording instrument in the or other agents; or device. (3) Insurrection, rebellion, revolution, e. Motor Vehicles Or Equipment And usurped power, or action taken by Accessories governmental authority in hindering or defending against any of these. Loss of or damage to motor vehicles; 2. Insuring Agreement A.1. does not cover: trailers or semitrailers or equipment andaccessories attached to them. a. Inventory Shortages f. Transfer Or Surrender Of Property Loss, or that part of any loss, the proof of (1) Loss of or damage to property after it which as to its existence or amount is has been transferred or surrendered to dependent upon: a person or place outside the "premises" (1) An inventory computation; or or "financial institution premises": (2) A profit and loss computation. (a) On the basis of unauthorized However, where you establish wholly apart instructions; or from such computations that you have (b) As a result of a threat including, but sustained a loss, then you may offer your not limited to: inventory records and actual physical count {i) A threat to do bodily harm to any of inventory in support of the amount of loss person; claimed. (ii) A threat to do damage to any b. Trading ro P Pert Y; Loss resulting from trading, whether in your (iii) A ("') threat to introduce a denial of r^+,�,�•,� �_��.._�_ "a"" 0 in " yei""'a "' """"""� a���u"`• service attack into any computer c. Warehouse Receipts system'; Loss resulting from the fraudulent or (iv) A threat to introduce a virus or dishonest signing, issuing, cancelling or other malicious instruction into failing to cancel, a warehouse receipt or any "computer system" which is any papers connected with it. designed to damage, destroy or 3. Insuring Agreements A.3., A.4. and A.S. do not corrupt "electronic data" or cover: "computer programs" stored within the "computer system"; a. Accounting Or Arithmetical Errors Or Omissions (v) A threat to contaminate, pollute Loss resulting from accounting or _ or render substandard. your products or goods; or arithmetical errors or omissions. (vi) A threat to disseminate, divulge b. Exchanges Or Purchases or utilize: Loss resulting from the giving or i. Your confidential information; surrendering of property in any exchange or purchase. ii. Confidential or personal information of another person c. Fire or organization; or Loss or damage resulting from fire, iii. Weaknesses in the source however caused, except: code within any "computer (1) Loss of or damage to "money" and system". "securities"; and (2) Loss from damage to a safe or vault. 152 Page 4 of 15 © Insurance Services Office, Inc., 2015 CR 00 21 1115 (2) However, this exclusion does not apply under Insuring Agreement A.5. to loss of 'money", "securities" or "other property" while outside the "premises" in the care and custody of a "messenger" if you: (a) Had no knowledge of any threat at the time the conveyance began; or (b) Had knowledge of a threat at the time the conveyance began, but the loss was not related to the threat. g. Vandalism Loss from damage to the "premises" or its exterior, or to any safe, vault, cash register, cash box, cash drawer or "other property" by vandalism or malicious mischief. h. Voluntary Parting Of Title To Or Possession Of Property Loss resulting from your, or anyone else acting on your express or implied authority, being induced by any dishonest act to voluntarily part with title to or possession of any property. 4. Insuring Agreement A.6. does not cover: a. Authorized Access Loss resulting from a fraudulent: (1) Entry of "electronic data" or "computer program" into; or (2) Change of "electronic data" or "computer program" within; any "computer system" owned, leased or operated by you by a person or organization with authorized access to that "computer system", except when covered under Insuring Agreement A.6.b. b. Credit Card Transactions Loss resulting from the use or purported use of credit, debit, charge, access, convenience, identification, stored -value or other cards or the information contained on such cards. c. Exchanges Or Purchases Loss resulting from the giving or surrendering of property in any exchange or purchase. d. Fraudulent Instructions Loss resulting from an "employee" or "financial institution" acting upon any instruction to: (1) Transfer, pay or deliver "money", "securities" or "other property'; or CR 00 21 11 15 (2) Debit or delete your account; which instruction proves to be fraudulent, except when -covered under Insuring Agreement A.6.a.(2) or A.6.1b. e. Inventory Shortages Loss, or that part of any loss, the proof of which as to its existence or amount is dependent upon: (1) An inventory computation; or (2) A profit and loss computation. E. Conditions The following conditions rapply in addition to the Common Policy Conditions: 1. Conditions Applicable To All Insuring Agreements a. Additional Premises Or Employees If, while this insurance is in force, you establish any additional "premises" or hire additional "employees", other than through consolidation or merger with, or purchase or acquisition of assets or liabilities of; another entity, such "premises" and "employees" shall automatically be covered under this insurance. Notice to us of an increase in the number of "premises" or "employees" is not required, and no additional premium will be charged for the remainder of the Policy Period shown in the Declarations. b. Concealment, Misrepresentation Or Fraud This insurance is void in any case of fraud by you as it relates to this insurance at any time. It is also void if you or any other Insured, at any time, intentionally conceals or misrepresents a material fact concerning: (1) This insurance; (2) The property covered under this insurance; (3) Your interest in the property covered under this insurance; or (4) A claim under this insurance. © Insurance Services Office, Inc., 2015 153 Page 5 of 15 c. Consolidation — Merger Or Acquisition If you consolidate or merge with, or purchase or acquire the assets or liabilities of, another entity: (1) You must give us written notice as soon as possible and obtain our written consent to extend the coverage provided by this insurance to such consolidated or merged entity or such purchased or acquired assets or liabilities. We may condition our consent by requiring payment of an additional premium; but (2) For the first 90 days after the effective date of such consolidation, merger or purchase or acquisition of assets or liabilities, the coverage provided by this insurance shall apply to such .consolidated or merged entity or such purchased or acquired assets or liabilities, provided that all "occurrences" causing or contributing to a loss involving such consolidation, merger or purchase or acquisition of assets or liabilities, must take place after the effective date of such consolidation, merger or purchase or acquisition of YJJ�..tV Vr ii4bifi les, d. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. e. Duties In The Event Of Loss After you "discover" a loss or a situation that may result in loss of or damage to "money", "securities" or "other property", you must: (1) Notify us as soon as possible. If you have reason to believe that any loss (except for loss covered under Insuring Agreement A.I. or A.2.) involves a violation of law, you must also notify the local law enforcement authorities; (2) Give us a detailed,. sworn proof of loss within 120 days; (3) Cooperate with us in the investigation and settlement of any claim; (4) (5) Page 6 of 15 (6) Secure all of your rights of recovery against any person or organization responsible for the loss and do nothing to impair those rights. Employee Benefit Plans The "employee benefit plans" shown in the Declarations (hereinafter referred to as Plan) are included as Insureds under Insuring Agreement A.1., subject to the following: (1) If any Plan is insured jointly with any other entity under this insurance, you or the Plan Administrator is responsible for selecting a Limit of Insurance for Insuring Agreement A.I. that is sufficient to provide a Limit of Insurance for each Plan that is at least equal to that required under ERISA as if each Plan were separately insured. (2) With respect to loss .sustained or "discovered" by any such Plan, Insuring Agreement A.1. is replaced by the following: We will pay for loss of or damage to "money", "securities" and "other property" resulting directly from fraudulent or dishonest acts committed by an "employee", whether identified .or not, acting alone or in collusion with other persons. (3) If the first Named Insured is an entity other than a Plan, any payment we make for loss sustained by any Plan will be made to the Plan sustaining the loss. (4) If two or more Plans are insured under this insurance, any payment we make for loss: (a) Sustained by two or more Plans; or (b) Of commingled "money", "securities" or "other property" of two or more Plans; resulting directly from an "occurrence", will be made to each Plan sustaining loss in the proportion that the Limit of Insurance required under ERISA for each Plan bears to the total of those limits. Produce for our examination all (5) The Deductible Amount applicable to pertinent records; Insuring Agreement A.1. does not apply Submit to examination under oath at our to loss sustained by any Plan. request and give us a signed statement of your answers; and 154 ©insurance Services Office, Inc., 2015 CR 00 21 11 15 g. Extended Period To Discover Loss We will pay for loss that you sustained prior to the effective date of cancellation of this insurance, which is "discovered" by you: (1) No later than one year from the date of that cancellation. However, this extended period to "discover" loss terminates immediately upon the effective date of any other insurance obtained by you, whether from us or another insurer, replacing in whole or in part the coverage afforded under this insurance, whether or not such other insurance provides coverage for loss sustained prior to its effective date. (2) No later than one year from the date of that cancellation with regard to any "employee benefit plan". h. Joint Insured (1) If more than one Insured is named in the Declarations, the first Named Insured will act for itself and for every other Insured for all purposes of this insurance. If the first Named Insured ceases to be covered, then the next Named Insured will become the first Named Insured. (2) If any Insured, or partner, "member", "manager", officer, director or trustee of that Insured has knowledge of any information relevant to this insurance, that knowledge is considered knowledge of every Insured. (3) An "employee" of any Insured is considered to be an "employee" of every Insured. (4) If this insurance or any of its coverages are cancelled as to any Insured, loss sustained by that Insured is covered only if it is "discovered" by you: (a) No later than one year from the. date of that cancellation. However, this extended period to "discover" loss terminates immediately upon the effective date of any other insurance obtained by that Insured, whether from us or another insurer, replacing in whole or in part the coverage afforded under this insurance; whether or not such other insurance provides coverage for loss sustained prior to its effective date. (b) No later than one year from the date of that cancellation with regard to any "employee benefit plan". (5) We will not pay more for loss sustained by more than one Insured. than the amount we would pay if all such loss had been sustained by one Insured. (6) Payment by us to the first Named Insured for loss sustained by any Insured, or payment by us to any "employee benefit plan" for loss sustained by that Plan, shall fully release us on account of such loss. I. Legal Action Against Us You may not bring any legal action against us involving loss: (1) Unless you have complied with all the terms of this insurance; (2) Until 90 days after you have filed proof of loss with us; and (3) Unless brought within two years from the date you "discovered" the loss. If any limitation in this condition is prohibited by law, such limitation is amended so as to equal the minimum period of limitation provided by such law. j. Liberalization If we adopt any revision that would broaden the coverage under this insurance without additional premium. within 45 days prior to or during the Policy Period shown in the Declarations, the broadened coverage will immediately apply to this insurance. k. Loss Sustained During Prior Insurance Issued By Us Or Any Affiliate (1) Loss Sustained Partly During This Insurance And Partly During Prior Insurance If you "discover" loss during the Policy Period shown in the Declarations, resulting directly from an "occurrence" taking place: (a) Partly during the Policy Period shown in the Declarations; and (b) Partly during the policy period(s) of any prior cancelled insurance that we or any affiliate issued to you or any predecessor in interest; and this insurance became effective at the time of cancellation of the prior insurance, we will first settle the amount of loss that you sustained during this Policy Period. We will then settle the remaining amount of loss that you sustained during the policy period(s) of the prior insurance. 155 CR 00 21 11 15 © Insurance Services Office, Inc., 2015 Page 7 of 15 (2) Loss Sustained Entirely During Prior (4) The following examples demonstrate Insurance how we will settle losses subject to this If you "discover" loss during the Policy condition: Period shown in the Declarations, Example Number 1 resulting directly from an "occurrence" The Insured sustained a covered loss of taking place entirely during the policy $10,000 resulting directly from an period(s) of any prior cancelled .'occurrence" taking place during the insurance that we or any affiliate issued terms of Policy A and Policy B. to you or any predecessor in interest, we will pay for the loss, provided: Policy A (a) This insurance became effective at The current policy. Written at a Limit of the time of cancellation of the prior Insurance of $50,000 and a Deductible insurance; and Amount of $5,000. (b) The loss would have been covered Policy B under this insurance had it been in Issued prior to Policy A. Written at a effect at the time of the "occurrence". Limit of Insurance of $50,000 and a We will first settle the amount of loss Deductible Amount of $5,000. that you sustained during the most Settlement Of Loss recent prior insurance. We will then settle any.remaining amount of loss that The amount of loss sustained under you sustained during the policy period(s) Policy A is $2,500 and under Policy B, of any other prior insurance. $7,500. (3) In settling loss under Paragraphs k.(1) The highest single Limit of Insurance and k.(2): applicable to this entire loss is $50,000 written under Policy A. The Policy A (a) The most we will pay for the entire Deductible Amount of $5,000 applies. loss is the highest single Limit of The loss is settled as follows: Insurance-appl; able dura g .h e period of loss, whether such limit (a) The amount of•los s sustained under was written under this insurance or Policy A ($2,500) is settled first. The was written under the prior insurance amount we will pay is nil ($0.00) issued by us. because the amount of loss is less than the Deductible Amount (i.e., (b) We will apply the applicable $2,500 loss - $5,000 deductible = Deductible Amount shown in the $0.00). Declarations to the amount of loss sustained under this insurance. If no (b) The remaining amount of loss loss was sustained under this sustained under Policy. B ($7,500) is insurance, we will apply the settled next. The amount recoverable is $5,000 after the Deductible Amount shown in the Declarations to the amount of loss remaining Deductible Amount from sustained under the most recent Policy A of $2,500 is applied to the loss (i.e., $7,500 loss - $2,500 prior insurance. deductible = $5,000). If the. Deductible Amount is larger The most we will pay for this loss is than the amount of loss sustained $5,000. under this insurance, or the most recent prior insurance, we will apply Example Number 2 the remaining Deductible Amount to The Insured sustained a covered loss of the remaining amount of loss $250,000 resulting directly from an sustained during the prior insurance. '.occurrence" taking place during the We will not apply any other terms of Policy A and Policy B. Deductible Amount that may have Policy A been applicable to the loss. The current policy. Written at a Limit of Insurance of $125,000 and a Deductible Amount of $10,000. 156 Page 8 of 15 © Insurance Services Office, Inc., 2015 CR 00 21 1115 Policy B Issued prior to Policy A. Written at a Limit of Insurance of $150,000 and a Deductible Amount of $25,000. Settlement Of Loss The amount of loss sustained under Policy A is $175,000 and under Policy B, $75,000. The highest single Limit of Insurance applicable to this entire loss is $150,000 written under Policy B. The Policy A Deductible Amount of $10,000 applies. The loss is settled as follows: (a) The amount of loss sustained under Policy A ($175,000) is settled first. The amount we will pay is the Policy A Limit of $125,000 because $175,000 loss - $10,000 deductible = $165,000, which is greater than the $125,000 policy limit. (b) The remaining amount of loss sustained under Policy B ($75,000) is settled next. The amount we will pay is $25,000 (i.e., $150,000 Policy B limit - $125,000 paid under.Policy A = $25,000). The most we will pay for this loss is $150,000. Example Number 3 The Insured sustained a covered loss of $2,000,000 resulting directly from an "occurrence" taking place during the terms of Policies A, B, C and D. Policy A The current policy. Written at a Limit of Insurance of $1,000,000 and a Deductible Amount of $100,000. Policy B Issued prior to Policy A. Written at a Limit of Insurance of $750,000 and a Deductible Amount of $75,000. Policy C Issued prior to Policy B. Written at a Limit of Insurance of $500,000 and a Deductible Amount of $50,000. Policy D Settlement Of Loss The amount of loss sustained under Policy A is $350,000; under Policy B, $250,000; under Policy C, $600,000; and under Policy D, $800,000. The highest single Limit of Insurance applicable to this entire loss is $1,000,000 written under Policy A. The Policy A Deductible Amount of $100,000 applies. The loss is settled as follows: (a) The amount of loss sustained under Policy A ($350,000) is settled first. The amount we will pay is $250,000 (i.e., $350,000 loss - $100,000 deductible = $250,000). (b) The amount of loss sustained under Policy B ($250,000) is settled next. The amount we will pay is $250,000. (no deductible is applied). (c) The amount of loss sustained under Policy C ($600;000) is settled next. The amount we will pay is $500,000, the policy limit (no deductible is applied). (d) We will not make any further payment under Policy D, as the maximum amount payable under the highest single Limit of Insurance applying to the loss of $1,000,000 under Policy A has been satisfied. The most we will pay for this loss is $1,000,000. Loss Sustained During Prior Insurance Not Issued By Us Or Any Affiliate (1) If you "discover" loss during the Policy Period shown in the Declarations, resulting directly from an 'occurrence" taking place during the policy period of any prior cancelled insurance that was issued to you or a predecessor in interest by another company, and the period of time to discover loss under that insurance had expired, we will pay for the loss under this insurance, provided: (a) This insurance became effective at the time of cancellation of the prior insurance; and Issued prior to Policy C. Written at a (b) The loss would have been covered Limit of Insurance of $500,000 and a under this insurance had it been in Deductible Amount of $50,000. effect at the time of the "occurrence". 157 CR 00 21 11 16 ©Insurance Services Office, Inc., 2015 Page 9 of 16 (2) In settling loss subject to this condition: (a) The most we will pay for the entire loss is the lesser of the Limits of Insurance applicable during the period of loss, whether such limit was written under this insurance or was written under the prior cancelled insurance. (b) We will apply the applicable Deductible Amount shown in the Declarations to the amount of loss sustained under the prior cancelled insurance. (3) The insurance provided under this condition is subject to the following: (a) if loss covered under this condition is also partially covered under Condition EAX, the amount recoverable under this condition is part of, not in addition to, the amount recoverable under Condition E.1.k. (b) For loss covered under this condition that is not subject to Paragraph I.(3)(a), the amount recoverable under this condition is part of, not in addition to, the Limit of Insurance applicableto the_ loss covered under this insurance and is limited to the lesser of the amount recoverable under: (i) This insurance as of its effective date; or (ii) The prior cancelled insurance had it remained in effect. m. Otherinsurance If other valid and collectible insurance is available to you for loss covered under this insurance, our obligations are limited as follows: (1) Primary Insurance When this insurance is written as primary insurance, and: (a) You have other insurance subject to the same terms and conditions as this insurance, we will pay our share of the covered loss. Our share is the proportion that the applicable Limit Of Insurance shown in the. Declarations bears to the total limit of all insurance covering the same loss. (b) You have other insurance covering the same loss other than that described in Paragraph m.(1)(a), we will only pay for the amount of loss that exceeds: (i) The Limit of Insurance and Deductible Amount of that other insurance, whether you can collect on it or not; or (ii) The Deductible Amount shown in the Declarations; whichever is greater. Our payment for loss is subject to the terms and conditions of this insurance. (2) Excess Insurance (a) When this insurance is written excess over other insurance, we will only pay for the amount of loss that exceeds the Limit of Insurance and Deductible Amount of that other insurance, whether you can collect on it or not. Our payment for loss is subject to the terms and conditions of this insurance. (b) However, if loss covered under this insurance is subject to a deductible, ..ill ro.'�..:v th, vcducti.~�!c V V` V Amount shown in the Declarations by the sum total of all such other insurance plus any Deductible Amount applicable to that other insurance. n. Ownership Of Property; Interests Covered The property covered under this insurance is limited to property: (1) That you own or lease; (2) That is held by you in any capacity; or (3) For which you are legally liable, provided you were liable for the property prior to the time the loss was sustained. However, this insurance is for your benefit only. It provides no rights or benefits to any other person or organization. Any claim for loss that is covered under this insurance must be presented by you. o. Records You must keep records of all property covered under this insurance so we can verify the amount of any loss. 158 Page 10 of 16 ©Insurance Services Office, Inc., 2015 CR 00 21 11 15 p. Recoveries (b) In the United States of America (1) Any recoveries, whether effected before dollar equivalent, determined by the or after any payment under this rate of exchange published in The insurance, whether made by us or by Wall Street Journal on the day the you, shall be applied net of the expense loss was "discovered". of such recovery: (2) 'Securities (a) First, to you in satisfaction of your Loss of "securities" but only up to and covered loss in excess of the amount including their value at. the close of paid under this insurance; business on the day the loss was (b) Second, to us in satisfaction of "discovered". We may, at our option: amounts paid in settlement of your (a) Pay the market value of such claim; "securities" or replace them in kind, (c) Third, to you in satisfaction of any in which event you must assign to us Deductible Amount; and all your rights, title and interest in and to those "securities'; or (d) Fourth, to you in satisfaction of any loss not covered under this (b) Pay the cost of any Lost Securities insurance. Bond required in connection with issuing duplicates of the "securities". (2) Recoveries do not include any recovery: However, we will be liable only for (a) From insurance, suretyship, the payment of 'so much of the cost reinsurance, security or indemnity of the bond as would be charged for taken for our benefit; or a bond having a penalty not (b) Of original "securities" after exceeding the lesser of the: duplicates of them. have been (i) Market value of the "securities" at issued. the close of business on the day q. Territory the loss was "discovered'; or This insurance covers loss that you sustain (ii) Limit of Insurance applicable to "securities". i resulting directly from an occurrence" the taking place within the United States of (3) Property Other Than Money And America (including its territories and Securities possessions), Puerto Rico and Canada. (a) Loss of or damage to "other r. Transfer Of Your Rights Of Recovery property" or loss from damage to the Against Others To Us "premises" or its exterior for the You must transfer to us all your rights of replacement cost of the property recovery against any person or organization without deduction for depreciation. for any loss you sustained and for which we However, we will not pay more than have paid or settled. You must also do the least of the following: everything necessary to secure those rights (i) The Limit of Insurance applicable and do nothing after loss to impair them. to the lost -or damaged property; s. Valuation = Settlement (ii) The cost to replace the lost or The value of any loss for purposes of damaged property with property of comparable material and coverage under this insurance shall be determined as follows: quality and used for the same purpose; or (1) Money (iii) The amount you actually spend Loss of "money" but only up to and that is necessary to repair or including its face value. We will, at your replace the lost or damaged option, pay for loss of "money" issued by property. any country other than the United States of America: (a) At face value in the "money" issued by that country; or 159 CR 00 21 11 15 © Insurance Services Office, Inc., 2015 Page 11 of 15 (b) We. will not pay on a replacement cost ,basis for any loss or damageto property covered under Paragraph s.(3)(a): (i) Until the lost or damaged property is actually repaired or replaced; and (ii) Unless the repair or replacement is made as soon as reasonably possible after the loss or damage. If the lost or damaged property is not repaired or replaced, we will pay on an actual cash value basis. (c) We will, at your option, pay for loss or damage to such property: (i) In the "money" of the country in which the loss or damage was sustained; or (ii) In the United States of America dollar equivalent of the "money" of the country in which the loss or damage was sustained, determined by the rate of exchange published in The Wall Street Journal on the day the loss was �wiuvvrervd-. (d) Any property that we pay for or replace becomes our property. 2. Conditions Applicable To Insuring Agreement A.I. a. Termination As To Any Employee This Insuring Agreement terminates as to any "employee": (1) As soon as: (a) You; or (b) Any of your partners, "members", "managers", officers, directors or trustees not in collusion with the "employee' learn of "theft" or any other dishonest act committed by the "employee" whether before or after becoming employed by you; or (2) On the date specified in a notice mailed to the first Named Insured. That date will be at least 30 days after the date of mailing. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. b. Territory We will pay for loss caused by any "employee" while temporarily outside the territory specified in Territory Condition. E.1.q. for a period of not more than 90 consecutive days. 3. Conditions Applicable To Insuring Agreement A.2. a. Deductible Amount The Deductible Amount does not apply to legal expenses paid under Insuring Agreement A.2. b. Electronic And Mechanical Signatures We will treat signatures that are produced or reproduced electronically, mechanically or by other means the same as handwritten signatures. c. Proof Of Loss You must include with your proof of loss any instrument involved in that loss or, if that is not possible, an affidavit setting forth the amount and cause of loss. d. Territory We will cover loss that you sustain resulting directly from an "occurrence" taking place anywhere in the world. fierntdi Condition E.1.q. does not apply to' Insuring Agreement A.2. 4. Conditions Applicable To Insuring Agreements A.4. And A.S. a. Armored Motor Vehicle Companies Under Insuring Agreement A.5., we will only pay for the amount of loss you cannot recover: (1) Under your contract with the armored motor vehicle company; and (2) From any insurance or indemnity carried by, or for the benefit of customers of, the armored motor vehicle company. b. Special Limit Of Insurance For Specified Property We will only pay up to $5,000 for any one "occurrence" of loss of or damage to: (1) Precious metals, precious or semiprecious stones, pearls, furs, or completed or partially completed articles made of or containing such materials that constitute the principal value of such articles; or 160 Page 12 of 15 © Insurance Services Office, Inc., 2015 CR 00 21 11 15 (2) Manuscripts, drawings; or records of "Discover" or "discovered" also means the time any kind, or the cost of reconstructing when you first receive notice of an actual or them or reproducing any information potential claim in which it is alleged that you contained in them. are liable to a third party under circumstances 5. Conditions Applicable To Insuring which, if true, would constitute a loss under this Agreement A.6. insurance. a. Special Limit Of Insurance For Specified 6. "Electronic data" means information, facts, Property images or sounds stored as or on, created or used on, or transmitted to or from computer We will only pay up to $5,000 for any one software (including systems and applications occurrence' of loss of or damage to software) on data storage devices, including manuscripts, drawings, or records of any hard or floppy disks, CD-ROMs, tapes, drives, kind, or the cost of reconstructing them or cells, data processing devices or any other reproducing any information contained in media which are used with electronically them. controlled equipment. b. Territory 7. "Employee": We will cover loss that you sustain resulting a. Means: directly from an "occurrence" taking place (1) Any natural person: anywhere in the world. Territory Condition EA.q. does not apply to Insuring (a) While in your service and for the first Agreement A.6. 30 days immediately after F. Definitions termination of service, unless such termination is due to "theft" or any 1. "Computer program" means a set of related dishonest act committed by the electronic instructions, which direct the "employee'; operation and function of a computer or devices connected to it, which enable the (b) Whom you compensate directly by computer or devices to receive, process, store salary, wages or commissions; and or send "electronic data". (c) Whom you have the right to direct 2. "Computer system" means: and control while performing services for you; a. Computers, including Personal Digital Assistants (PDAs) and other transportable (2) Any natural person who is furnished or handheld devices, electronic storage temporarily to you: devices and related peripheral components; (a) To substitute for a permanent b. Systems and applications software; and "employee", as defined in Paragraph 7.a.(1), who is on leave; or C. Related communications networks; (b) To meet seasonal or short-term work by which "electronic data" is collected, load conditions; transmitted, processed, stored or retrieved. while that person is subject to your 3. " means an imitation of "Counterfeit money" direction and control and performing "money" which is intended to deceive and to be services for you; taken as genuine. (3) Any natural person who is leased to you 4. "Custodian" means you, or any of your partners under a written agreement between you or "members", or any "employee" while having and a labor leasing firm, to perform care and custody of property inside the duties related to the conduct of your "premises", excluding any person while acting business, but does not mean a as a "watchperson" or janitor. temporary "employee" as defined in 5. "Discover" or "discovered" means the time Paragraph 7.a.(2); when you first become aware of facts which (4) Any natural person who is: would cause a reasonable person to assume that a loss of a type covered by this insurance (a) A trustee, officer, employee, has been or will be incurred, regardless of administrator or manager, except an when the act or acts causing or contributing to administrator or manager who is an such loss occurred, even though the exact independent contractor, of any amount or details of loss may not then be "employee benefit plan'; or known. 161 CR 00 21 11 15 0 Insurance Services Office, Inc., 2015 Page 13 of 15 (b) Your director or trustee while that person is engaged in handling "money", "securities" or "other property" of any "employee benefit plan"; (5) Any natural person who is a former "employee", partner, "member", "manager", director or trustee retained by you as a consultant while performing services for you; (6) Any natural person who. is a guest student or intern pursuing studies or duties; (7) Any natural person employed by an entity merged or consolidated with you prior to the effective date of this insurance; and (8) Any natural person who is your "manager", director or trustee while: (a) Performing acts within the scope of the usual duties of an "employee"; or (b) Acting as a member of any committee duly elected or appointed by resolution of your board of directors or board of trustees to perform specific, as distinguished from -g.encruy dircc"O.M.-_� vi'.yvur behalf. b. Does not mean: Any agent, broker, factor, commission merchant, consignee, independent contractor or representative -of the same general character not specified in Paragraph 7.a. 8. "Employee benefit plan" means any welfare or pension benefit plan shown in the Declarations that you sponsor and that is subject to the Employee Retirement Income Security Act of 1974 (ERISA) and any amendments thereto. 9. "Financial institution" means: a. With regard to Insuring Agreement A.3.: (1) A bank, savings bank, savings and loan association, trust company, credit union or similar depository. institution; or. (2) An insurance company. b. With regard to Insuring Agreement A.6.: (1) A bank, savings bank, savings and loan association, trust company, credit union or similar depository institution; c. Other than Insuring Agreements A.3. and A.6., any financial institution. 10. "Financial institution premises" means the interior of that portion of any building occupied by a "financial institution" as defined in Paragraph F.9.a. 11. "Forgery" means the signing of the name of another person or organization with intent to deceive; it does not mean a signature which consists in whole or in part of one's own name signed with or without authority, in any capacity, for any purpose. 12. "Fraudulent instruction" means: a. With regard to Insuring Agreement A.6.a.(2): (1) A computer, telefacsimile, telephone or other electronic instruction directing a "financial institution" to debit your "transfer account" and to transfer, pay or deliver "money" or "securities" from that "transfer account", which instruction purports to have been issued by you, but which in fact was fraudulently issued by someone else without your knowledge or consent; or (2) A written instruction (other than those VV.YpI Q4Y'' 1l'Gr insuring -llyrCGl �,Gnt A:i.) issued to a "financial institution" directing the "financial institution" to debit your "transfer account" and to transfer, pay or deliver "money" or "securities" from that "transfer account", through an electronic funds transfer system at specified times or under specified conditions, which instruction purports to have been issued by you, but which in fact was issued, forged or altered by someone else without your knowledge or consent. b. With regard to Insuring Agreement A.6.b.: A computer, telefacsimile, telephone or other electronic, written or voice instruction directing an "employee" to enter or change "electronic data" or "computer programs" within a "computer system" covered under the. Insuring Agreement, which instruction in fact was fraudulently issued by your computer software contractor. 13. "Manager" means a natural person serving in a directorial capacity for a limited liability company. (2) An insurance company; or 14. "Member" means an owner of a limited liability (3) A stock brokerage firm or investment company represented by its membership company. interest who, if a natural person, may also serve as a "manager". 162 Page 14 of 15 © Insurance Services Office, Inc., 2015 CR 00 21 11 15 15. "Messenger" means you, or your relative; or any of your partners or "members", or .any "employee" while having care and custody of property outside the "premises". 16. "Money" means: a. Currency, coins and bank notes in current use and having a face value; b. Traveler's checks and money orders held for sale to the public; and c. In addition, includes: (1) Under Insuring Agreements A.I. and A.2., deposits in your account at any "financial institution"; and (2) Under Insuring Agreement A.6., deposits in your account at a "financial institution" as defined in Paragraph F.9.b. 17. "Occurrence" means: a. Under Insuring Agreement A.1.: (1) An individual act; (2) The combined total of all separate acts whether or not related; or (3) A series of acts whether or not related; committed by an "employee" acting alone or in collusion with other persons, during the Policy Period shown in the Declarations, except as provided under Condition EA X or E.1.1. b. Under Insuring Agreement A.2.: (1) An individual act; (2) The combined total of all separate acts whether or.not related; or (3) A series of acts whether or not related; committed by a person acting alone or in collusion with other persons, involving one or more instruments, during the Policy Period shown in the Declarations, except as provided under Condition E.1.k. or E.I.I. c. Under all other Insuring Agreements: (1) An individual act or event; (2) The combined total of all separate acts or events whether or not related; or (3) A series of acts or events whether or not related; committed by a person acting alone or in collusion with other persons, or not committed by any person, during the Policy Period shown in the Declarations, except as provided under Condition E.1.k. or E.I.I. 18. "Other property" means any tangible property other than "money" and "securities" that has intrinsic value. "Other property" does not include "computer programs", "electronic data" or any property specifically excluded under this insurance. 19. "Premises" means the interior of that portion of any building you occupy in conducting your business. 20. "Robbery" means the unlawful taking of property from the care and custody of a person by one who has: a. Caused or threatened to cause that person. bodily harm; or b. Committed an obviously unlawful act witnessed by that person. 21. "Safe burglary" means the unlawful taking of: a. Property from within a locked safe or vault by a person unlawfully entering the safe or vault as evidenced by marks of forcible entry upon its exterior; or b. A safe or vault from inside the "premises". 22. "Securities" means negotiable and nonnegotiable instruments or contracts representing either "money" or property and includes: a. Tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused value in a meter) in current use; and b. Evidences of debt issued in connection with credit or charge cards, which cards are not issued by you; but does not include "money". 23. "Theft" means the unlawful taking of property to the deprivation of the Insured. 24. "Transfer account" means an account maintained by you at a "financial institution" from which you can initiate the transfer, payment or delivery of "money" or "securities" a. By means of computer, telefacsimile, telephone or other electronic instructions; or b. By means of written instructions (other than those covered under Insuring Agreement A.2.) establishing the conditions under which such transfers are to be initiated by such "financial institution" through an electronic funds transfer system. 25. "Watchperson" means any person you retain specifically to have care and custody of property inside the "premises" and who has no other duties. 163 CR 00 21 11 15 © Insurance Services Office, Inc., 2015 Page 15 of 15 ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ESIP CRIME EXTENSIONS This endorsement modifies the insurance provided under the following: COMMERCIAL CRIME COVERAGE FORM GOVERNMENT CRIME COVERAGE FORM A. Definition Of Covered Persons 1. The definition of "employee" is amended to include: a. Your non -compensated officers. b. Your directors or board members by whatever name called while acting as a member of any of your elected or appointed committees to perform on your behalf specific, as distinguished from general, directorial acts. c. Your treasurer or tax collector. d. Your volunteer workers. Volunteer workers means any non -compensated natural person while performing services for you that are. usual to the duties of an "employee". e. Your leased workers. Leased workers means any natural person leased to you by a labor leasing firm, under a written agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. 2. Exclusion. D.2.a. Bonded Employees of the Government Crime Coverage Form is deleted. 3. Exclusion D.2.d. Treasurer or Tax Collector of the Government Crime Coverage Form is deleted. B. Credit Card Forgery The.following Coverage Extension is added to A. Insuring Agreements: Credit Card Forgery We will pay up to $10,000 under the Forgery Or Alteration Insuring Agreement for "forgery" or alteration of written. instruments required in conjunction with any credit, debit or charge card issued to you or any "employee" for business purposes. This coverage is in addition to the Forgery Or Alteration limit of insurance shown on the declarations, if any. This Coverage Extension does not apply if you have not complied fully with the provisions, conditions or other terms under which the credit, debit or charge card was issued. This Coverage Extension is subject to a deductible of $250 per occurrence. ED 3001 01 11 McNeil & Co., 2011 P�ge41 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. bb CRIME AND FIDELITY CR 01 51 08 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES.- LEGAL ACTION AGAINST US This endorsement modifies insurance provided under the following: COMMERCIAL CRIME COVERAGE FORM GOVERNMENT CRIME COVERAGE FORM KIDNAP/RANSOM AND EXTORTION COVERAGE FORM A. Under the Commercial Crime Coverage Form and Government Crime Coverage Form, the Legal Ac- tion Against Us Condition -is replaced by the fol- lowing: LEGAL ACTION AGAINST US You may not bring any legal action against us in- volving loss: 1. Unless you have complied with all the terms of this insurance; 2. Until 90 days after you have filed proof of loss with us; and 3. Unless brought within 5 years from the date you "discover" the loss. CR 01 51 08 07 B. Under the Kidnap/Ransom And Extortion Cover- age Form, the Legal Action Against Us Condi- tion is replaced by the following: LEGAL ACTION AGAINST US You may not bring any legal action against us in- volving loss: 1. Unless you have complied with all the terms of this insurance; 2. Until 90 days after you have filed proof of loss with us; and 3. Unless brought within 5 years from the date you reported the loss to us. © ISO Properties, Inc., 2006 165 Page 1 of 1 CRIME AND FIDELITY CR 0175 10 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - BINDING ARBITRATION This endorsement modifies insurance provided under the following: COMMERCIAL CRIME COVERAGE FORM COMMERCIAL CRIME POLICY EMPLOYEE THEFT AND FORGERY POLICY GOVERNMENT CRIME COVERAGE FORM GOVERNMENT CRIME POLICY GOVERNMENT EMPLOYEE THEFT AND FORGERY POLICY KIDNAP/RANSOM AND EXTORTION COVERAGE FORM KIDNAP/RANSOM AND EXTORTION POLICY If you and we disagree on the amount of loss, both parties' may, by mutual consent, agree to arbitration of the disagreement. If both parties agree to arbitrate, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree on the third within 30 days, both parties must request that selection be made by a judge of a court having jurisdiction. Each party will 1 Pay the. ovnancao-it .-inniirc• anri .2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by any two of the arbitrators will be binding. 166 CR 0175 10 10 © Insurance Services Office, Inc., 2009 Page 1 of 1 f� 4.J IL 01 75 09 07 THIS ENDORSEMENT. CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES- LEGAL ACTION AGAINST US This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART The following replaces the second paragraph of the Legal Action Against Us Condition: LEGAL.ACTION AGAINST US Legal action against us involving direct physical loss or damage to property.must be brought within 5 years from the date the loss occurs. 167 IL 0175 09 07 © ISO Properties, Inc., 2006 Page 1 of 1 168 N N N N N N N N N N N N N N N N N N N N N C NNNNNNW F+N F+N F+F+OOOOOOOOZ V 01t114N PAC W'14 0 ON 0 W 0 %4 0 WNF+O� D D w co a, ao D co D D D D D D D D co ao D D D y r Ornc-c-m-ncncnr-c-E0(-D���Dv�� n� a� m m n� N c c n CS 3 C7' m "O m M n c c c co 2 n mg rn (nrnOO(Dcomm � . � OO O O — W�1� — — — NNw(n�NCTNN-f- — — � � " G)-n-n-nmT-nm-nm/'\-nm-n0(�OOm�O a,vvvppvvvC W vOCa,o,a,a,Ov rn�cAc�(Ac���CCrn���w wNNC�a W G)mfnCn(n(n-n 7�11,i�TTIT7C�Ci�G�?i'1I� CwwwwcwW n m m m� .A M Co m p�UnwwwNNCM: o o o o o o o o o o o o o r�W �TXTTXM�W r-i�-1 MMr- rte-q r-< G)ODDcDCD �vvvvvmmmm-rnmmmm".rnm" D(D00M000MMoQooMZ "0DDDDDDcoco-DoWrnrn�"Doo" A CAOv-4 W W W AI: W Cyl O_ O_ co CD v O W N O— � W co 4 V V O N N N O O W W Cn W Cn N O W O co N -I V ,A m � cn W N N= O Cn N V N- (D M� w NCJtN V OOOCD-400co OOOvvDD.0,0 ZZUICTW222-a Cl CDC) CEO" W NCD — — " — (O — (D W p W w 'D'DA T CAOwNOOr,)—"I"CO W Mc) -4 G7 «OG)-'r'oZZ`C-X C-0mmT-I0�G� 200000oodom000mmmm00SD mxxxmxmxxxrn���mmmm��m� �vvvvvvvvv�vvv����vv�m 'O M m n tv n 169 170 CC: Joe, Lisa, LeeAnn Ambulance Certification Tracking Abraira, Marcus FT E 1/4/2011 A166.557-72-056-0 2/16/2020 Jan -18 Jul -187E-532327 Dec -18 110 X Alexander, Joshua FT E 8/16/2017 -0425 422-82 430-0 11/30/2019 Jan -16 Jan -197789 Dec -18 Aug -17 X Anderson, Robert FT E 417/2017 -0536 761-86 122-0 4/2!2022 Jan -18 Od-181942 Dec -18 Jul -O6 X Baldwin, Sloan FT M 8/28/2017 8435-793.86.645.0 425/2020 Jan -18 Au -191823 Dec -18 Se -17 X Barkle , Michael FT E 8/16/2017 8624-557-79-148.0 428/2025 Jan -18 Jan -197270 Dec -18 Aug -17 X Bermudez. Isaias FT M 622/1999 8653400-51.459.0 12/19/2018 Jan -18 May -19 M-513805 Dec -18 Sep -99 X Boccardi,Cody FT E 1/232018 8263-112.96-183-0 528/2020 Jan -18 Dec -19 E-555483 Dec -18 Aug -17 X Bui ues,Ariel FT E 12/8/2017 8220-003-87-261-0 7/212021 Jan -18 Nov -18 E-558402 Dec -18 Nov -11 X Bushong, Catarina FT E 2/2/2015 8252-11-393645-0 425/2023 Jan -18 Mar -19 E-544492 Dec -18 Feb -15 X Byrge, Alison D FT M 112/2016 0620-161-75-593.0 3/13/2025 Jan -18 Dec -19 M-530235 Dec -18 Dec -16 X Cala III, Alfred (AI) PT E 4/152013 C400.019.91-082-0 3/2/2025 Jan -18 Aug -18 E-542091 Dec -18 Jan -13 X Carter, John PT M 5/82017 C636.473-73.095-0 3/15/2020 Jan -18 Jan -20 M4866 Dec -18 Jul -17 X Ca hlan-Peppard,Shea FT M 101112017 C245.799.85-184-0 5/24/2026 Jan -18 Jan -19 M-532021 Dec -18 Apr -17 X Cohen,Jason FT M 4/82015 C500.436-76-211-0 6/11/2025 Jan -18 Nov -19 M-510743 Dec -18 Jan -08 X Cornett. Heidi FT E 2292016 C653-333-83-683-0 5232021 Jan -18 Jan -19 E-549922 Dec -18 Oct -15 X Dangler. Jeffre PT M 12/3/2013 D524-425-72-329-0 9192019 Jan -18 Jul -19 M-16989 Dec -18 Apr -93 X Deverakis, Emma PT E 8/12016 0162-201-92-785-0 8/52025 Jan -18 Aug -18 E-552629 Dec -18 Dec -15 X Dra an,Ja PT M 5/242001 D625.42468-003-0 1!32026 Jan -18 Jul -19 M4816 Dec -18 Jul -92 X Dudley. Daniel FT E 1/112010 0340.161-85-056-0 2/162020 Jan -18 Se 18 E-528978 Dec -18 Feb -10 X Dutton, Alexander FT M 626/2012 D350.010.84216-0 6/162020 Jan -18 Aug -19 M-522637 Dec -18 Jul -12 X Edwards, Brian FT E 6/272017 E363078-70.389.0 10292019 Jan -18 Aug -18 E-555147 Dec -18 Jul -17 X EI Mir, Mira FT M 6/11/2012 E456.540.85-865-0 10/52019 Jan -18 Jan -20 M-521515 Dec -18 Se 07 X Gardner, Nicholas PT E 8/92010 G635-630.81-308-0 8282018 Jan -18 Oct -19 E-530507 Dec -18 Aug -10 X Goodwin.Joe FT M 3/14/1989 G350.484-69-009-0 1192026 Jan -18 Apr -19 M-14260 Dec -18 Aug -90 X Greene, Christopher FT E 12/8/2017 G65O115.92-166.0 5/62022 Jan -18 May -18 E-557573 Dec -18 Jul -16 X Greene, Jason FT E 7/312012 G650-421-70-144-0 4242021 Jan -18 Oct -18 E-536856 Dec -18 Nov -02 X Gross, Robert FT E 5/92016 G620-779-83-376-0 10/162023 Jan -18 Jun -18 E-551945 Dec -18 Mar -15 X Hammond, Christopher FT M 12272017 H553-110.75-129-0 4/92026 Jan -18 Dec -19 M-532562 Dec -18 Apr -97 X Hermansen, Jennifer FT E 7252016 H655424-86-890-0 10/30/2022 Jan -18 Jan -19 E-551756 Dec -18 Mar -16 X Howard, Cory FT E 3/25/2002 H630-104-80.3390 9/192021 Jan -18 Au 18 E-511276 Dec -18 Jan -04 X Itri, Angela FT E 7/262016 1360014.92-707-0 6/72022 Jan -18 Dec -19 E-534313 Dec -18 Apr -11 X Iverson, Rhiannon PT M 4/14/2014 1162-72477-756-0 7/162018 Jan -18 Jul -19 M515030 Dec -18 Jan -08 X James, Gregory FT M 10/142006 J52O281-75.303-0 823/2025 Jan -18 May -19 M-514404 Dec -18 Dec -08 X Joseph, Shane FT M 4152012 J21O796.900240 1242020 Jan -18 Jun -19 M-523119 Dec -18 Apr -12 X John, Ste henee PT E 8/12016 J50O791-88-679-0 5/192021 Jan -18 Aug -18 E-551763 Dec -18 Aug -16 X King, Michael FT E 3252016 K52O550.92-013.0 1/13/2022 Jan -18 May -18 E-547665 Dec -16 r-16 X Lewis,Zachari FT E 12/8/2017 L200-99094-263-0 7232023 Jan -18 Aug -19 E-547017 Dec -18 Feb -14 X Malm, Jerry FT E 8112016 M450-421-95.003.0 1132021 Jan -18 Jan -20 E-552777 Dec -18 Aug -16 X Marple, Jacob FT M 12/82017 M614-436.93-128-0 4/8/2023 Jan -18 Mar -18 M-531679 Dec -18 Jun -16 X McDonald, Jack PT E 3152012 M235-432.79-423-0 11232025 Jan -18 Jun -19 E-534866 Dec -18 Mar -12 X McGuire, Bradley PT E 8112016 M260-07095-205.0 6/72019 Jan -18 Jun -19 E-551312 Dec -18 Mar -15 X Moore,Lisa FT M 11/14/1988 M600.912-63-9440 12/42019 Jan -18 Aug -18 M-13422 Dec -18 Sep -90 X Muldoon, Michael PT E 5/112015 M435-558-90-254.0 7/142019 Jan -18 May -18_ E-547112 Dec -18 Mar -15 X Nelson, Keith FT E 10/252005 N425.516-83.082-0 3/22019 Jan -18 Apr -18 E-309452 Dec -18 Nov -05 X Norris, Scott FT M 2/18/2013 N620.785-84305-0 6252019 Jan -18 Oct -18 M-524080 Dec -18 Mar -13 X Oscrio, Jessica FT M 2202017 0260420.67-730-0 6/302023 Jan -18 Feb -19 M-529179 Dec -18 Mar -17 X Perry, Ton a FT M 6/2 612 01 2 P600-813.85.840-0 9202022 Jan -18 Jul -19 M-520312 Dec -18 Jul -12 X Persinger, Randy PT E 728/2017 P62-1-726-86-331-0 9/11/2024 Jan -18 Aug -19 E-545227 Dec -18 Mar -15 X Peterson, Josh FT M 11/29/2010 P362-424-76-402-0 1122024 Jan -18 Jul -18 M-525830 Dec -18 Dec -10 X Pomar, Aldo PT E 11/6/2017 P560.015-93.342-0 9222019 Jan -18 Aug -18 E-556030 Dec -18 Nov -17 X Porras, Kenneth FT E 4/17/2017 P621-517.92445-0 8/9/2018 Jan -18 May -18 E-556288 Dec -18 Jan -17 X Powers, Chris FT M 1/11/2010 P620-101.83-203-0 6/3/2025 Jan -18 Oct -18 W519610 Dec -18 Jun -09 X Pugh. Ciara FT M 11/22015 P200-423-93-599-0 3/192018 Jan -18 Sep -19 M-528663 Dec -18 Nov -15 X Renfro, Samuel FT M 7/13/2015 R516-79092-291-0 8/112022 Jan -18 Aug -18 W532052 Dec -18 Oct -14 X Reyna, Allan PT M 10/3/2016 R500-01072-228-0 6/28/2020 Jan -18 Jan -20 M4855 Dec -18 Nov -98 X Ris, Dillon FT M 4/11/2016 R200.170.95-103-0 323/2019 Jan -18 Feb -18 E-548762 Dec -18 Mar -15 X Rogers. Kyle FT E 4/11/2011 R262.513-91-209-0 6/9/2021 Jan -18 Aug -19 E-533246 Dec -18 Apr -1 I X Rohmann, Brandon FT E 328/2016 R55O065-89-453-0 12/13/2019 Jan -18 Aug -18 E-550742 Dec -18 Dec -15 X Sawyer. Denick FT E 5/31/2017 5600-163.93041-0 21112023 Jan -18 Jan -20 E-555867 Dec -18 Jun -17 X Schneider, Jesse FT M 6/13/2005 S536.427.62-208-0 6/8/2021 Jan -18 Aug -18 M-507601 Dec -18 Jul -05 X Sepulveda, Alec FT E 1/23/2018 S141.018.96.100.0 3202020 Jan -18 Jan -20 E-550071 Dec -18 Jul -16 X Salty. James C. FT E 7/27/1992 530044369-264-0 724/2019 Jan -18 Mar -19 E-85733 Dec -18 Nov -96 X Simmons, Wesley FT E 2/4/2008 5552-887-79-185-0 525/2019 Jan -18 Oct -18 E-520287 Dec -18 Feb -08 X Taylor, Zachary PT E 1/2/2018 T460-993-93371-0 10/11/2018 Jan -18 Jan -19 E-556785 Dec -18 Aug -17 X Thompson, Glenn PT E 811/2016 T512-281-81-006-0 11/6/2020 Jan -18 Aug -19 E-553357 Dec -18 Aug -16 X Veitch, Robert FT E 4/29/2013 V320774-92134-0 4/14/2019 Jan -18 Aug -18 E-539754 Dec -18 May -13 X Villamil, Jessica FT M 1/23/2017 V454-433.83714-0 6/14/2025 Jan -18 Aug -19 M-530114 Dec -18 Feb -17 X Wester, Emenc FT E 11/6/2017 W236-219-92-100-0 3/20/2022 Jan -18 Jun -19 E-552495 Dec -18 Dec -15 X Weeks, Graham PT E 7/21/2014 W200-292-81-092-0 3/122023 Jan -18 Au -19 E-544903 Dec -18 Aug -14 X Weymouth, Jordan FT E 1/23/2018 W-530-435.98-227.0 6272022 Jan -18 Aug -18 E-559541 Dec -18 Oct -17 X Wilkerson,Jasten FT M 11/28/2016 W426-424-89-203.0 6/3/2020 Jan -18 Aug -19 M-530024 Dec -18 Dec -16 X 171 2113/201811.15 AM 172 COASTAL HEALTH SYSTEMS OF BREVARD, INC. TRANSPORT RATE SCHEDULE AMBULANCE TRANSPORTATION BLS Non -Emergency $290.00 ALS Non -Emergency $400.00 BLS Emergency $440.00 ALS Emergency $520.00 ALS -2 $775.00 ALS -SCT $890.00 All Mileage. $11.25 per mile Stand -By or Waiting Time $125.00 per hour or increment thereof In addition to Coastal's primarily non -emergency inter facility services, Coastal routinely renders ambulance services in response to facility requests that fall into the Center for Medicare and Medicaid Services (CAIS) guidelines qualifying Coastal for reimbursement under the CMS code for ALS or BLS Emergency based on the "immediate response" criteria. The current CMS definition for Emergency is not based on "lights and sirens", it is based on "immediate response". Under this contract, Coastal will bill the ALS or BLS Emergency rates only when an immediate response is rendered following an inter facility or 911 request and only when all other CMS criteria for this type of transport have been met. SERVICE CHARGES for ADDITIONAL PERSONEL/SPECIAL EOUIPMENT Stair Chair - Hydraulic Stretcher Use — Lift Assist $100 Additional Charge for each service i crew / equipment. *There is a one-hour minimum charge for all wait time. Note: The above rates are subject to change based on changes made by Medicare or by Coastal's Ambulance Franchise Contract with Brevard County and will be automatically updated in Coastal's billing database on the effective date of. each change. 173 174 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH Stan Boling, AICP; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: March 19, 2018 SUBJECT: GH Vero Beach Development, LLC's Request for Final Plat Approval for a Development to be known as. Laguna Village at Grand Harbor, Plat 34 [PD -15-12-04 / 99020110-80718] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 3, 2018. DESCRIPTION & CONDITIONS: Laguna Village at Grand Harbor consists of 23 single-family lots on 6.08 acres located in the southeastern portion of Grand Harbor adjacent to the Indian River Lagoon. The property is zoned RM - 6 (Residential Multi -Family — up to 6 units per acre), and is being developed at a density of 3.78 units per acre. On October 22, 2015, the county granted preliminary PD plat/plan. After preliminary PD plat/plan approval, a land development permit was issued for the project, the required subdivision improvements were constructed, and a Certificate of Completion was issued. The applicant has submitted a final plat in conformance with the approved preliminary plat, and now requests that the Board of County Commissioners grant final PD plat/plan approval for Laguna Village at Grand Harbor, Plat 34. ANALYSIS: All of the required improvements for Laguna Village at Grand Harbor, Plat 34 have been completed and inspected, and a Certificate of Completion was issued on February 7, 2018. As part of the Certificate of Completion process, the developer posted a maintenance bond to guarantee road and drainage improvements. All improvements (stormwater tracts, landscape easements, roadways) will be private, with the exception of certain utility facilities which will be dedicated to and guaranteed to Indian River County after plat recordation as required by the Utility Services Department. All requirements of final plat approval have been satisfied. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final PD plat/plan approval for Laguna Village at Grand Harbor, Plat 34. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout 176 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BCOD37C3\@BCL@BCOD37C3.doc --)LUI TLC MILMN AMER COUNTY FL&NNED TINVE LOPAMNTAPPLICAnON I -ep, ploase Indivite V10 type ef'-kp pileadeft b,,;Ivg Subwittcl: conceptual PD Special Co-acurs-cat Corsceplowl iND Special Exe-�ptjon Prellimbory Pf),. Final manned Pewlqpm,"t: Note: Fer zFDj rmothig pleAse usc the approprIfite rmenlv! Appliptler.. PROJECT NAME:- Laguna Village at Grand Harbor, Plat 34 Plan Number: PD- 15-12-04 projed 99020110 PROPERTY OWNER. (PLEASE PRINT) APPLICANT (PLEASE PRINT) GH Vero Beach Development, LLC NAME 2231 Falls Cirde ADDRESS Vero Beach, Fl. 32967 CITY, STATE, ZIP 772-7947811 PHONE NUMBER jco1asuqnnq@newseaburyxDrn EMAIL ADDRESS Joe Colasuonno - President CONTACT PERSON PROJECT ENGINEER. (PLEASE PRINT) Masteller & Moler, Inc. NAME 1655 27th Street, Suite 2 ADDRESS Vero Beach, FL 32960 CITY, STATE, ZIP 772-567-5300 PHONE NUMBER mastmolrObellsouth.net EMAIL ADDRESS NAME ADDRESS CITY, STATE, ZIP PHONE NUMBER EMAIL ADDRESS CONTACT PERSON AGENT (PLEASE PRINT) Masteller, Moler &Taylor, Inc. NAME 1655 27th Street, Suite 2 ADDRESS Vero Beach, FL 32960 CITY, STATE, ZIP 772-5648050 ]PHONE NUMBER dt5243@bellsouth.net ILAAIL ADDRESS Yq 0 Stephen E. Moler, PE - Vice President David M. TaAorPSM - PresIdent. CONTACT PERSON CONTACT PERSON SIGNATURE OF OWNER OR AGENT 177 FACurnawnify DevelopmcmtXUsmNOwDev\ApplWons\PDAPP.doo ReOwd Januwy 2011 Page I of 3 MUMMY TAX PARCEL',, ID #(e) OF SUBJECT PROPERTY: 32-39-24-00016-0000-0000.1 PROPERTY CLASSIFICATION(S): T and Use Dgi nation Zoning District Acreage FLU -1 RM -6 6.08 TOTAL PROJECT ACREAGE: 6.08 EXISTING SITE USE(S): Residential PROPOSED SITE USE(S) AND INTENSITY (e.g. # ofunits, square feet by use): 23 units / 3.78 un/ac Replat of a portion Tract A, River Village - Grand Harbor Mat 26 into 25 single-family lots with sinmrwater, landscape and recreation tracts ' ** PLEASE 'LOMPIJa' -M, MR, AM �; � L C.i rxvC lrSr tf The following items must be attached to the application: X If the applicant is other than the owner(s), a sworn statement of authorization from the owner; On File Two deeds and. a verified statement muning every individual having legal or equitable ownership in the property; If owned by a corporation, provide the names and address of each stoc'dlmlder owning more than 10% of the value of outstanding corporation shares; On File Two copies of the owner's recorded warranty doed; x A check, money order or cash mads payable to "Indian River County": banned Development R ,quest - Conceptual PD Speciad Exception less than 20 aces S 2075.00 20-40 acres 2475.00 over 40 acres 2575.00 +100.00 for each additional 25 acres over 40 acres Preliminary PD R4n :less than 20 acres w 1150.00 2040 acres 1250.00 over 40 acres 1300.00 +50.00 for each adul 25 acres over 40 acres Final PD Plans $ 1400.00 Fer concurrent applIcation fees combine the app: apriate fees and subtract $400.00. 178 FAMMMunityDevelWmmt\Usorev urDrMppHeldonAPDAPP.doe RevisedJenuaty2011 Page2of3 0 X Ten sets of complete Conceptual, Preliminary or Final PD (final plat plans must be signed and sealed by surveyor). Plans as per Chapter 9I5, pursuant to tuo typo of approval being requested N/A Any requirements of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as minimum lot width azd size, street frontage requirements, setbacks, etc.), shall be clearly indicated by section and paragraph numbrs, together with the rationale for the waiver request(s), on an attac -d shut. WA 2 Aerials for conceptual or.preliminary PDs Itemized respwase to pre -application for conceptual or concurrent applications X 2 sealed surveys N/A_ 3 sets of floor plans and elevation for commercial or multi -family buildings On File Written Statement and Photograph of Posted Sign •t�,?crl?l�:al s"lat'a t�olw X CONSTRUCTION CC1VIPLETE - BUILT OUT: (A) antifiicate of Completion from Public Works or copy of tetter to Public Works and Utilities requiring inspection of improvements (* Certificate of Completion expected to be applied for within two weeks of this submittal) IF D"ROVEMENTS ARE DEDICATED TO THE PUBLIC: (B) Original EngintWa Certified Cost for Improvements (Signed and Sealed) OR CONSTRUCTION INCOMPLETE - BONDING OUT: (A) Original Engineer's Certified Cost Estimrte for Improvements (Signed and Sealed) X COPIES OF DOCUMENTS TO BE RECORDED WMi THE .FINA.r • PLAT: a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Aro.None b. Property Owner's Association Articlos of Incorporation or Statement Indiaatin 3 Why Recording of POA is Not Required 179 F:t^..ammunity DevclopmmAUms%CurDaiAApplWonstPDAPP.doc RcvieW lanuwy 201 r Pege 3 of 3 >A l ""` `� .. �!" •' 'ti. "..tom �t~�'.1 �:�•f •- 1. �, �` �� � �. ��,\� h � •� i/ � 1, h Ll. � 1 4• , Lrj fit 74 Iz :� � Lr �•�'. {;,:r j �.; 4- .... � "+1 i ` I' ( �'`.r`� _.`; � it .J t. .-+,✓13:'�I':ti•3R I��l.��� tr rj j�'ti. F, `., ` ` � -��• r�4! �w �':/1� _ k + �;�-�'+�, 444` r •'t. `',�.. �� �� Ii ^�. r+., ` , :.fes _ � s t+ 1 �: � . f y r �-1. � � :i � •' � �.�.. �� r FSS^,Z , �.+ y `$�>•�,y'� ,\�� '' II `V�7 ��1{:'��� •F�F'•�S•;�� 1 "� i &c y n + �L9 si ca IM: 9 APO IL F o 301 L �S Y NYS17� 45� ICY -, C z yy.$Li g � + _-,.•�"....l$ Ono 4i n� o.8 off tieIla ' x + imm"ga�an�xm��d"�� 6 3 rs ;ss H L < O N QUC19A, PIN i r< -11--- 1 :-N IR 11 LLI IM INS LLI Alf� QQ , { Qce f% _ 1 1y+ z $ J1 U � a err. ! on. o co O INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason.E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andy P. Sobczak, Infrastructure Project Manager SUBJECT: Award of Bid No: 2018021 IRC Jail Complex Roofing Replacement, Recover and Repair Project DATE: - March 16, 2018 DESCRIPTION AND CONDITIONS On August 16, 2016 the Board of County Commissioners approved Work Order #2 with Jay Ammon Architect, Inc. for the design, assistance with bidding and construction management services for the replacement of the aging roof system at the Indian River County Jail Complex. Following successful design of a roof replacement, the project was released for bid on January 22, 2018. On February 22, 2018, at the Project's scheduled Bid Opening, two (2) qualified bids were opened. A detailed tabulation of the bids is on file and available for viewing in the County Engineering Division. The two successful bidders and their respective bids are as follows: Atlantic Roofing II of Vero Beach, Inc. $1,263,655.00 Atlas Apex Roofing, LLC $1,851,000.00 Atlantic Roofing II of Vero Beach, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $1,263,655.00. Upon checking references, County Staff, incoordination with Jay Ammon Architect, Inc. staff, has determined that Atlantic Roofing II of Vero Beach, Inc. has successfully completed similar construction projects, including recent completion of another county jail facility reroof in Florida, In addition, Atlantic Roofing II of Vero Beach, Inc. has completed previous roofing projects for Indian River County, including the Intergenerational Recreation Center. Atlantic Roofing II of Vero Beach, Inc.'s bid of $1,263,655.00 is above the Engineer's estimate of $1,191,425.00. FUNDING The Jail Roof Replacement Project is included in the Capital Improvement Element approved by the Board of County Commissioners on December 5, 2017. Funding in the amount of 183 C:\Users\legistar\AppData\L.ocal\Temp\BCL Technologies\easyPDF 8\@BCL@840D653F\@BCL@84OD653F.doe Page 2 Award of Bid No: 2018021 IRC Jail Complex Roofing Replacement, Recover and Repair Project $1,000,000 is currently budgeted in FY 17/18 for this project in Optional Sales Tax/Facilities Management/Jail Roof- Account # 31522019-066510-16030. A budget amendment from Optional Sales Tax/Cash Forward -Oct 1st will be required to fund the remainder of the project. RECOMMENDATION Staff recommends that the project be awarded to Atlantic Roofing II of Vero Beach, Inc. in the amount of $1,263,655.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance, and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement DISTRIBUTION Atlantic Roofing II of Vero Beach, Inc. Atlas Apex Roofing, LLC APPROVED AGENDA ITEM FOR APRIL 3, 2018 184 C:\Users\legistar\AppData\L.ocal\Temp\BCL Technologies\easyPDF 8\@BCL@840D653F\@BCL@84OD653F.doc SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Paqe ARTICLE1- WORK................................................................................................................................. 2 ARTICLE 2 - THE PROJECT— ............................................................ .......................................... 2 ARTICLE3 — ENGINEER...................................................................... < %�.............................. 2 ARTICLE 4 -CONTRACT TIMES.................................�x .................................................. ...................... 2 ARTICLE 5 - CONTRACT PRICE ............... ARTICLE 6 - PAYMENT PROCED ARTICLE 7 - INDEMNIFI ARTICLE 8 - CONTRACTOR ARTICLE 9 - CONTRACT �..�.... ......................................................................... 5 ,PRESENTATIONS..................................................................... 5 .......................................................................................... 6 US..................................................................................................... 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI @BCL@940DD91185 00520-1 C:\UsersVegislaAAppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940DD917\@BCL@940DD917.doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 71 ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as -.specified or\indicated in the Contract Documents. The Work is generally described asfollows:� �. PROJECT DESCRIPTION. THE AND REPAIR OF DESIGNATED JAIL COMPLEX TO PROVIDE ROOF SYSTEM. ARTICLE 2 - THE PROJECT PROJEC T/INCLUDES�NTHE REPLACLMENT/�RECOVER ROOFING ASSEMBLIES\AT,T,HE INDIAN'RIVER COUNTY k COMPLETE, WATERTIGHT, 20-YOWARRANTABLE 2.01 The Project for which -the Work under the Contract�Documents may be the whole or only a part is generally described -as follows Project Name: Bid Nu 3.01 Jay Ammon Aechitect;lnc. is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENG'INLER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 120 calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the @BCL@940DD91186 00520-2 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940DD917\@BCL@940DD917.doc General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150 calendar day after the date when the Contract Times commence to run. B. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150 calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof,allowed in accordance with Article 12 of the General Conditions. Liquidated,dam�ages will commence for this portion of work. The parties also recognize the delays, expense\and difficulties involved in proving in a legal proceeding the actual loss suffered-by-,OWN.ER if the Work�is not completed on time. Accordingly, instead of requinng,any-such proof,\OWNER and. -CONTRACTOR agree that as liquidated damages for delay (but,,ni'8t as a,p Ity),�/C_ONTRACTOR shall pay OWNER F_$ 1665.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion�uuntil,the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall: neglect, refuse, or fail to complete the remaining Work within the Contract Time or�any�proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER 1665.0 for each calendar day that expires after the time specified in parag ap\4.02 for completion and readiness for final payment until the Work6s completed'and ready for final payment. rirl F 5 - rnK1TPArT PRIC . 5.01 OWNER shall\pay CONTRACTOR for completion of the Work in accordance with the Contract Documents;,a�amountin current funds equal to the sum of the amounts '.d�tmined pugs \ant to,para`5V .A and summarized in paragraph 5.01.13, below: J A.�,,For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE-CONTRAC`T\SU `subject to additions and deductions provided in the Contract:: Numerical Amount: ount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. @BCL@940DD911 00520-3 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940DD917\@BCL@94ODD917.doc 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount du�,/to,CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the`onstruction services work purchased under the Contract Documents,,,,together with"all,costs associated with existing change orders and other additions\or modifications\to the construction services work provided under the-Contract1Documents. 6.03 Pay Requests. A. Each request for a progress\paynient�s\hall�be submitted/6n the application for payment form supplied�WOW�NER�and the application for payment shall contain the CONTRACTOR'S certification. 4progress payments will be on the basis of progress of the work measured, by the schedule of values established, or in the case of unit price work t as�ed on�the number of units completed. After fifty percent (5'0%)\ ompletion,,and pursuant to Florida Statutes section 218.735(8)(d), he CONTRACTOR may 'submit a pay request to the County as OWNER for up toxone half.(l%2),. the retainage held by the County as OWNER, and th`Gounty as OWNER shal`promptly make payment to the CONTRACTOR unless�suc-amounts are the subject of a good faith dispute; the subject of a claim pursuant 6--Florida�Statutes section 255.05(2005); or otherwise the subject of a claim or d mand.by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the t Tabor, services�r materials supplied by one or more subcontractors or suppliers, the—Gontractor shall timely remit payment of such retainage to those subcontractors \and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County �as OWNER shall receive immediate written notice of all decisions made -by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. @BCL@940DD91188 00520-4 C:\UsersVegistaAAppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940DD917\@BCL@940DD917.doc A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, EN paragraph 6.20 (Indemnification) of the General 4MUMI 8.01 In order to induce OWNER to enter into this Ag following representations: A. CONTRACTOR has examined other related data identified in ft B. CONTRACTOR has visited general, local, and Site con Work. C. CONTRACTOR is fai Regulations that may and others in accordance with `to the Construction Contract. the s� iments and the familiar with and is satisfied as to the ;ost, progress, and performance of the to all federal, state, and local Laws and and',performance of the Work. D. CONTRACTOR -has careful ly\studied._all:) (1) reports of explorations and tests of subsurface\co �ditions.at or contiguous to -the Site and all drawings of physical conditions in or relating\to existingsurface,or\subsurface structures at or contiguous to the Site �(e cx ept Underground fFacilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and �drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified-in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. -- 7 \ \ E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and;data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. @BCL@940DD91189 00520-5 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940DD917\@BCL@94ODD9i7.doc G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate,and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-10)inclusive); 2. Notice to Proceed (page 3. Public Construction Bond (pages\0061,071 to 00610-3, inclusive); 4. Sample 5. Contractors Application for Payment, (pages 00622-1 to 00622-6 inclusive); 6. Certificate`of-Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7- Gontract&s Final Certification 6f -the Work (pages 00632-1 to 00632-2, inclusive); 8General Conditions'(pages 00700-1 to 00700-45, inclusive); 9. Supplementary C�ditions (pages 00800-i to 00800-11, inclusive); 10. Contractor's Application for Change Order, Field Order and Work Change Directive (pages 009 ! 00946-1 and 00948-1); 11. Specifications as listed in Division 1 (General Requirements) and Project Manual to include (Division 2, Division 3, Division 4, Division 6 and Division 7); 12. Drawings consisting of a cover sheet and sheets numbered SP1.0 through A7.4, with each sheet bearing the following general title: Indian River County Jail: 13. Addenda (if applicable Addendum No. 1); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits @BCL@940DD911.90 00520-6 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPU 8\@BCL@940DD917\@BCL@940DD917.doc ARTK 10.01 A. 10.02 A. 10.03 A. 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1 inclusive); 17.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive) ; 19. List of Subcontractors (page 00458-1); 20.The following which may be delivered or issued on,4er the Effective Date of the Agreement and are not attached hereto: al Written AmPnrimPntc- eneral Conditions. ie Contract will be laity sought to be due and moneys he extent that the ,ally stated to the lease or discharge its. ,ors, assigns, and assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. @BCL@940DD91j.ft 00520-7 C:\UsersUegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940DD917\@BCL@940DD917.doc 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law Specifically, the Contractor shall: / ,1 (1) Keep and maintain public records required by the County,to perform the service. (2) Upon request from the County's Custodian of Public Records; provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided4in\Chapter/ 119 or as otherwise provided by law. (3) Ensure that public records that are(exempt4orconfidential and exempt from public records disclosure requirements are not\disclosed except as authorized by law for the duration of the contract term andjollowing completion!of the contract if the contractor does not transfer the records to the County. \ / v (4) Upon completion of the contract possession of the Contractor or keep perform the service. If�the Contrac completion of the contract,�the Contr'c exempt or confidential and exempt contractor keeps and maintains�pr Contractor shall eet all applicable\ stored electronically must 6e,provide Public Records, in a format that -i the County. sfer, at no,cost, to the County all public records in maintain public records required by the County to �ansfer\all public records to the County upon shall destroy any duplicate public records that are � public records disclosure requirements. If the :.records upon completion of the contract, the rements for retaining public records. All records the County, upon request from the Custodian of itible with the information technology systems of B. SIF THE—CO'NT`RACTOR HAS QUESTIONS REGARDING THE APPLICATION, OF\CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS)DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT - (772) 226-1424 publicrecords(&-ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. @13CL@940DD91J.ft 00520-8 C:\UsersVegistarWppData\Local\Temp\BCL Technologies\easyMF 8\@BCL@940DD917\@BCL@940DD917.doc [The remainder of this page was left blank intentionally] @BCL@940DD911.93 00520-9 C:\UsersVegislarWppDala\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940DD917\@BCL@940DD917.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIA By: _ Pe By: _ Ja APPR SUFF By: _ Jeffre Attest (SEAL Desig Name Title: 1 1801 Vero E (772) Facsir CONTRACTOR: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * @BCL@940DD911.94 00520-10 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940DD917\@BCL@940DD917.doc 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: 26th Street — Advance Acquisition of Right -of -Way 581626 th Street, Vero Beach, FL 32966 Owner: Sandra Smith Lambert and Cindi Stenroos DATE: March 21, 2018 DESCRIPTION AND CONDITIONS Sandra Smith Lambert and Cindi Stenroos own a 1.49 acre parcel of property located at 5816 26th Street, Vero Beach, FL 32966. Staff was recently approached by Wesley Davis and realtor Mark Baker about the property. The parcel has a vacant residential home on it and has been vacant for several years. The subject property was built in 1955 and is zoned RS -3 Single -Family Residential District, up to three units/acres. As part of the Indian River County Comprehensive Plan's five-year Capital Improvement Element, the widening of 26th Street to four lanes between 58th and 66th Avenues, is included and allocates funds for the purchase of right-of-way. This parcel is located on the northwest corner of 58th Avenue and 26th Street and due to right of way needs for the project, acquisition of the parcel is warranted. The County obtained an appraisal of the property indicating a value of $145,000.00. The County offered $175,000.00 to purchase the property. After a few weeks of negotiations all parties agreed on $200,000.00 purchase price. FUNDING Funding for this expenditure is available from Acct #31521441-066120-16006 Optional Sales Tax/ROW/26th Street/58th Ave to 66th Ave. RECOMMENDATION Staff recommends the Board approve the Residential Contract for Sale and Purchase forthe 1.49 acres of property located at 5816 26th Street, Vero Beach, FL 32966, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS One Original Residential Contract for Sale and Purchase APPROVED AGENDA ITEM FOR: April 3, 2018 go 195 •• 2 "AS IS" Residential Contract For Sale And Purchase BA. THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR A�"� ER ,• PARTIES: Sandra Smith Lambert & Cindi Stenions ("Seller"), 2• and oun y, ort a „ 3 agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal ("Buyer"), a (collectively "Property") pursuant to the terms and conditions of this AS IS Residential Contract For Sale And Purchase 5 and any riders and addenda ("Contract"): 6 1. PROPERTY DESCRIPTION: 7' (a) Street address, city, zip: 5816 26th Street, Vero Beach, FI 32966 s• (b) Located in: Indian River County, Florida. Property Tax ID #: 32393200001000007.0 9• (c) Real Property: The legal description is Long Legal see attachment 10 11 _. 12 13 ' r 14 Im 15 16 whic Seller and existing on tiie Propertyas of the date of the initial 17 purchase: range(s) o ' ator(s), dlshwasher(s), disposal, c .. ed in the 1s drapery rods and draperies, blinds, w is s in openerrcom,(s), light unityfixtugate 19 and other access devices, and storm shutt s ,garage door opener(s), security gate 20= Other Personal Prope i ro erty"). 21 P l>Z this purchase are: 22 23• (e) The following items are excluded from the purchase: 24 25 PURCHASE PRICE AND CLOSING 26• 2. PURCHASE PRICE (U.S. currency): ............................................ •................................................. $20 0 000.00 27• (a) Initial deposit to be held in escrow in the amount of (checks subject to COLLECTION) ....... 14 /A/A 28 The initial deposit made payable and delivered .to "Escrow Agent" named below 29• (CHECK ONE): -(i) Daccompanies offer or (ii) El is to be made within (if left 30 blank, then 3) days after Effective Date. IF NEITHER BOX IS CHECKED, THEN 31 OPTION (ii) SHALL BE DEEMED SELECTED. 32• Escrow Agent Information: Name.: Atlantic Coastal Land Title Co. 33= Address: 855 2 sk $ , ern eac , 32 6 34• Phone: - E-mail: 1 ea a an,iccoas a.com Fax 35= (b) Additional deposit to be delivered to Escrow Agent within (if left blank, then 10) 36• days after Effective Date..................:...................,...,.,..,...................................................---.....$ N/A 37 (All deposits paid or agreed to be paid, are c llectiveiy referred to as the "Deposit") 36' (c) Financing: Express as a dollar amount or percentage ("Loan Amount") see Paragraph 8 ......... N/A 39• (d) Other: ao (e) Balance to close (not including Buyer's closing costs, prepaids and proraons) by wire $ N/A ti 4r transfer or other COLLECTED funds ......... ....................... :......................... ,.............................. $ 200, 000.00 a NOTE: For the definition of "COLLECTION" or "COLLECTED" see STANDARD S. 1i 1V44 4. 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: iy(iv' (a) If of signed by Buyer and Seller, and -an executed copy delivered to all parties on or before 1W Pi(I L_ > 2018 , this offer shall be deemed withdrawn and the Deposit, If any, shall be returned to 46 Buyer. Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day 47 the counter-offer is delivered, 48 (b) The effective date of this Contract shall be the. date when the last one of the Buyer and Seller has signed or 49 initialed and delivered this offer or final counter-offer ("Effective so , 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur 51 and the closing documents repqired to be furnished by each party pursuant to this Contract shall be delivered 52• ("Closing") on April 25, 2018 ("Closing Date"), at the time established by the Closing Agent. Buyer's Initials Rage ! of 12 Seller's Initials FlpridaRealtor0l0ridaBar-ASIS-5 Rev.4/17.© 2017 Florida Realtors`e and The Florida Bar. All rights reserved. serlagk.070666-200161-9229864 196 "AS is" Residential Contract For Salo And Purchase THiS FORM HAS 13915N APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR 1" PAE2TtES. Sandra Smith Lambert & Cind! Stenroos 4• and oun , or k 3 agree that Seller shall sell and Buyer shall buy the following 4 (COiIACtiVAIy "Property") pursuant to the terms and conditions of th s and any riders and addenda ("Contract"): e I. PROPERTY DESCRIPTION: 7• (a) Street address, city, Zip: 684E 26th W (b) Located in Indiver an Ftl described Real Property and Pee ersona!(`Proper y, AS 1S Residential Contract For Sale And Purchase y� Vero Beach, F132966 Count Florida. Property Tax lD #: 3 2 0 00 o7.0 e4 (c) Real Property: The legal descrlptlon is Long Legal sea aitaohment 10 11 12 14 1s 1s whic +mow eller and existing on the Properly as of the date of the in[tial 17 purchase: ranges o tor(s), dishwa�ses(s), disposal, c ed In the 1s dropery rods and draperies; blinds, nteroom, light fixture(s), 10 and other access devices, and storm shun garage door opener(s), security gate 20. Other Personal Proper ro 21 p in this purchase are: x� 23` (e} The following items are e 24 xcluded from the purchase: 26 PURCHASE PRICE AND CLOSING 26' 2. PURCHASE PRICI~ (U.S. currency): $ fl 200 000.0 2r (a) initial depgsit to be held in escrow in the amount of (checks subject to COLLECTION) ....... $ f` 29 The initial deposit made payable and delivered to "Escrow Agent" named below 2V (CHECK ONE: • j () Qts to be made within (if left )� O []accompanies offeror(II) 3a blank, then 3) days after Effective Date. 1F NEITHER BOX IS CHECKEp, THEN 31 OPTION (!i) SHALL BE DEEMED SELECTED. 32. Escrow Agent Information: Name:Atlantic Coastal Land Title Co. 33, Address: 2 st U ba 34• Phone:L14—)_-mal: ea ' a an Ice i, acorn sd (b) Additional deposit to be delivered to Escrow Fax ' 3d' days after Effective Date..............Agent within (if left blank, then 10} (All deposits paid or agreed 10ctivel sr t be paid, are collectiveiy referred to as the "Deposit"} 39• (c) Financing: Express as a dollar amount or percentage ("Loan Amount") see Paragraph $ ......... NJA 39• (d) Other: 40 (e) Balance to close (Dat lnciuding i3uyer's closing costs, prepaids and proratlans) by wire 41' transfer or, other COLLECTED funds .............................................................. 200" o,Ofl . n 0 4z NOTE: For the definition of "COLLECTION' or "COLLECTED" see STANDARD S. �"�" 13 3..TIME FOR ACCEPTANCE OF OFFER ANIS COUNTER-OFFERS; EFFECTIVE DATE; 44 (a) I not signed by Buyer and Seller, and an executed copy delivered to all parties on or before _Buyer. - 201 g , this offer shall be deemed withdrawn and the Deposit, 9 any, shall be returned to 4e / ' Buyer. Un ass a herwlse sta#ed, time for acceptance 47 �Q, the counter-offer is delivered. P ance of any counter-offers shall be within 2 days after the day 4a (b) The effective date of this Contract shall be the date when the last one or the Buyer and Seller has signed or 40 (',� initialed and delivered this offer or final counter-offer ("Effective -Date"). 60 4. CLOSING DATE. Unless modified by other provisions of this_Contraot, the closing of this transaction shall occur si. and the closing docurnents reqquired to be furnished by each party pursuant to this Contract shall be delivered 82• ("Closing") on Aril 26. 2018 ("Closing Date% at the time established by the Closing Agent. FlOrMa ealals Page 1 of 12 Salter's Inotals •= �, FloridaRaaitors/PloridaBar-ASIS-5 Ptev.4117 o 2017 Florida Realtors,' and iha Florida Bar. All rights reserved. Sm I90: e]OBB9 ROOtb1.9 9884 197 53 5. EXTENSION OF CLOSING DATE: 54 (a) If Paragraph 8(b) is checked and Closing funds from Buyer's lender(s) are not available on Closing Date due 55 to Consumer Financial Protection Bureau Closing Disclosure delivery requirements ("CFPB Requirements"), se then Closing Date shall be extended for such period necessary to satisfy CFPB Requirements, provided such 57 period shall not exceed 10 days. 58 (b) If an event constituting "Force.Majeure" causes services essential for Closing to be unavailable, including the 59 unavailability of utilities or issuance of hazard, wind, flood or homeowners' insurance, Closing Date shall be so extended as provided in STANDARD G. e1 6. OCCUPANCY AND POSSESSION. e2 (a) Unless the box in Paragraph 6(b) is checked, Seller shall, at Closing, deliver occupancy and possession of the e3 Property to Buyer free of tenants, occupants and future tenancies. Also, at Closing, Seller shall have removed 64 all personal items and trash from the Property and shall deliver all keys, garage door openers, access devices e5 and codes, as applicable, to Buyer. If occupancy is to be delivered before Closing, Buyer assumes all risks of ss loss to the Property from date of occupancy, shall be responsible and liable for maintenance from that date, 67 and shall be deemed to have accepted the Property in its existing condition as of time of taking, occupancy. 68• (b) ❑ CHECK IF PROPERTY IS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING. If Property is e9 subject to a lease(s) after Closing or is intended to be rented or occupied by third parties beyond Closing, the 70 facts and terms thereof shall be disclosed in writing by Seller to Buyer and copies of the written lease(s) shall 71 be delivered to Buyer, all within 5 days* after Effective Date. If Buyer determines, in Buyers sole discretion, that 72 the lease(s) or terms of occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery 73 of written notice of such election to Seller within 5 days after receipt of the above items from Seller, and Buyer 74 shall be refunded the Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. 75 Estoppel Letter(s) and'Seller's affidavit shall be provided pursuant to STANDARD D. If Property is intended to 76 be occupied by Seller after Closing, see Rider U. POST -CLOSING OCCUPANCY BY SELLER. 77• 7. ASSIGNABILITY: (CHECK ONE); Buyer Q may assign and thereby be released from any further liability under 78• this Contract; Q may assign but not be released from liability under this Contract; or Q may not assign this 79 Contract. 80 FINANCING 81 8. FINANCING: 82• 0 (a) Buyer will pay Gash for the purchase of the Property at Closing. There is no financing contingency to Buyer's e3 obligation to close. If Buyer obtains a loan for any part of the Purchase Price of the Property, Buyer acknowledges 84 that any terms and conditions imposed by Buyer's lender(s) or by CFPB Requirements shall not affect or extend as the Buyer's obligation to close or otherwise affect any terms -or conditions of this Contract. 86' ❑ (b) This Contract is contingent upon Buyer obtaining approval of a ❑ conventional ❑ FHA Q VA or Q other 87• (describe) loan within (if left blank, then 30) days after Effective Date ("Loan Approval es• Period") for (CHECK ONE):QfiXed,❑adjustable,Qfixed or adjustable rate in the Loan Amount (See Paragraph e9• 2(c)), at an initial interest rate not to exceed % (if left blank, then prevailing rate based upon Buyer's 90• creditworthiness), and for a term of, (if left blank, then 30) years ("Financing"). 91` (f) Buyer shall make mortgage loan application for the Financing within (if left blank, then 5) days 92 after Effective Date and use good faith and diligent effort to obtain approval of a loan meeting le the Financing terms 93 ("Loan Approval"). and thereafter to close this Contract. Loan Approval which requires a condition related to the sale 94 by Buyer of other property shall not be deemed Loan Approval for purposes of this subparagraph. 9s Buyer's failure to use diligent effort to obtain Loan Approval during the Loan Approval Period shall be considered a 98 default under the terms of this Contract. For purposes of this provision, "diligent effort" includes, but is not' limited 97 to, timely furnishing all documents and information and paying of all fees and charges requested by Buyer's sa mortgage broker and lender in conneotion with Buyer's mortgage loan application. 99 (11) Buyer shall keep Seller and Broker fully informed about the status of Buyer's mortgage loan appiicatio.n, 100 Loan Approval, and loan processing and authorizes Buyer's mortgage broker, lender,. and Closing Agent to disclose 101 such status and progress; and release preliminary and finally executed closing disclosures and settlement 102 statements, to Sellerand Broker, 103 (111) Upon Buyer obtaining.Loan Approval, Buyer shall promptly deliver written notice of such approval to Seller 104 (iv) If Buyer is unable to obtain Loan Approval after the exercise of diligent effort, then at any time prior to 105 expiration of the Loan Approval Period, Buyer may provide written notice to Seller stating that Buyer has. been 108 unable to obtain Loan Approval and hias elected. to either: 107 (1) waive Loan Approval, in which event this Contract will continue as If Loan Approval had been obtained; or toe (2) terminate this Contract. Buyer's Initials Page 2 of 12 Selleep Initials FloridaRealtors/FloridaBar-ASIS-5 ReV.4/17 Q 2b17 Florida Realtors" and The Florida Bar. All rights reserved. SerialN: 055327300161.8791720 198 toe (v) If Buyer fails to timely deliver either notice provided In Paragraph 8(b)(iii) or (iv), above, to Seller prior to 110 expiration of the Loan Approval Period, then Loan Approval shall be deemed waived, in which event this Contract 111 will continue as if Loan Approval had been obtained, provided however, Seiler may elect to terminate this Contract 112 by delivering written notice to Buyer within 3 days after expiration of the Loan Approval Period. 113 (vi) If this Contract is timely terminated as provided by Paragraph 8(b)(iv)(2) or (v), above, and Buyer is not In 114 default under the terms of this Contract, Buyer shall be refunded the Deposit thereby releasing Buyer and Seller 116 from all further obligations under this Contract. 116 (vii) If Loan Approval has been obtained, or deemed to have been obtained, as provided above, and Buyer 117 fails to close this Contract, then the Deposit shall be paid to Seller unless failure to close is due to: (1) Seller's 118 default or inability to satisfy other contingencies of this Contract; (2) Property related conditions of the Loan Approval 119 have not been met (except when such conditions are waived by other provisions of this Contract); or (3) appraisal 120 of the Property obtained by Buyer's lender is insufficient to meet terms of the Loan Approval, in which event(s) the 121 Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from all further obligations under this 122 Contract. 123• ❑ (c) Assumption of existing mortgage (see rider for terms). 124• ❑ (d) Purchase money note and mortgage to Seller (see riders; addenda; or special clauses for terms). 125 CLOSING COSTS, FEES AND CHARGES 126 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: 127 (a) COSTS TO BE PAID BY SELLER: 126 • Documentary stamp taxes and surtax on deed, if any • HOA/Condominium Association estoppel fees 129 •Owner's Policy and Charges (if Paragraph 9(c)(1) is checked) • Recording and other fees needed to cure title 130 • Title search charges (if Paragraph 9(c)(11i) is checked) • Sellers attorneys' fees 131• • Municipal lien search (if Paragraph 9(c)(i) or (iii) is checked) • Other. 6 % R.E. Commission, all closing costs 132 if, prior to Closing, Seller is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 133 a sum equal to 125% of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed at 134 Closing. If actual costs to meet the AS IS Maintenance Requirement exceed escrowed amount, Seller, shall pay 135 such actual costs. Any unused portion of escrowed amount(s) shall be returned to Seller. 136 (b) COSTS TO BE PAID BY BUYER: 137 • Taxes and recording fees on notes and mortgages • Loan expenses 138 • Recording fees for deed and financing statements • Appraisal fees i39 •Owner's Policy and Charges (if Paragraph 9(c)(ii) is checked) • Buyer's Inspections 140 • Survey (and elevation certification, if required) • Buyer's attorneys' fees 141 • Lender's title policy and endorsements • All property related insurance 142 • HOA/Condominium Association application/transfer fees • Owner's Policy Premium (if Paragraph 143 • Municipal lien search (if Paragraph 9(c)(4) is checked) 9 (c)(iii) is checked.) 144' • Other: 145` (c) TITLE EVIDENCE AND INSURANCE: At least (if left blank, then 15, or if Paragraph 8(a) is checked, 146 then 5) days prior to Closing Date ('Title Evidence Deadline"), a title Insurance commitment Issued by a Florida 147 licensed title insurer, with legible copies of instruments listed as exceptions attached thereto ("Title 146 Commitment) and, after Closing, an owner's policy of title insurance (see STANDARD A for terms) shall be 149 obtained and delivered to Buyer. If Seiler has an owner's policy of title insurance covering the Real Property, a 150 copy shall be furnished to Buyer and Closing Agent within 5 days after Effective Date. The owner's title policy 151 premium, title search and closing services (collectively, "Owner's Policy and Charges") shall be paid, as set 152 forth below. The title insurance premium charges for the owner's policy and any lender's policy will be calculated 153 and allocated in accordance with Florida law, but may be reported differently on certain federally mandated 154 closing disclosures and other closing documents. For purposes of this Contract "municipal lien search" means a 156 search of records necessary for the owners policy of title insurance to be issued without exception for unrecorded 156 liens imposed pursuant to Chapters 159 or 170, F.S., in favor of any governmental body, authority or agency. 157 (CHECK ONE): 158• ❑ (1) Seiler shall designate Closing Agent and pay for Owner's Policy and Charges, and Buyer shall pay the 159 premium for Buyers lender's policy and charges for closing services related to the lender's policy, 180 endorsements and loan closing, which amounts shall be paid. by Buyer to Closing Agent or such other 161 provider(s) as Buyer may select; or 162' ❑ (ii) Buyer shall designate Closing Agent and pay for Owners Policy and Charges and charges for closing 163 services related to Buyer's lender's policy, endorsements and loan closing; or Buyers Initials Page 313f 12 Sellers Initials _ FloridaRealtors/FlorldaBar-ASIS-5 ROVAIII7 ® 2011 Florida Realtors® and The Florida Bar. All rights reserved. 8arfalt 008688400151.9151276 199 164* ❑ (iii) [MIAMI-DADEIBROWARD REGIONAL PROVISION]: Seller shall furnish a copy of a prior owner's policy 165 of title insurance or other evidence of title and pay fees for, (A) a continuation or update of such title evidence, 166 which Is acceptable to Buyer's title Insurance underwriter for reissue of coverage; (B) tax search; and (C) 167 municipal lien search. Buyer shall obtain and pay for post -Closing continuation and premium for Buyer's owner's 168* policy, and if applicable, Buyer's lender's policy. Seller shall not be obligated to pay more than $ 169 (if left blank, then $200.00) for abstract continuation or title search ordered or performed by Closing Agent. 170 (d) SURVEY: On or before Title Evidence Deadline, Buyer may, at Buyer's expense, have the Real Property 171 surveyed and certified by a registered Florida surveyor ("Survey"). If Seller has a survey covering the Real 172. Property, a copy shall be furnished to Buyer and Closing Agent within 5 days after Effective Date. 173• (e) HOME WARRANTY: At Closing, ❑ Buyer ❑ Seller ❑ NIA shall pay for a home warranty plan issued by 174" at a cost not to exceed $ . A home 175 warranty plan provides for repair or replacement of many of a home's mechanical systems and major built-in 176 appliances in the event of breakdown due to normal wear and tear during the agreement's warranty period. 177 (f) SPECIAL ASSESSMENTS: At Closing, Seller shall pay: (1) the full amount of liens Imposed by a public body 176 ("public body" does not include a Condominium or Homeowner's Association) that are certified, confirmed and 179 ratified before Closing; and (ii) the amount of the public body's most recent estimate or assessment for an 180 improvement which is substantially complete as of Effective Date, but that has not resulted In a lien being 181 imposed on the Property before Closing. Buyer shall pay all other assessments. If special assessments may 182 be paid in installments (CHECK ONE): law ❑x (a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due after Closing. 184 Installments prepaid or due for the year of Closing shall be prorated. 185- ❑ (b) Seller shall pay the assessment(s) in full prior to or at the time of Closing. 186 IF NEITHER BOX IS CHECKED, THEN OPTION (a) SHALL BE DEEMED SELECTED. 187 This Paragraph 9(f) shall not apply to a special benefit tax lien imposed by a community development district 188 (CDD) pursuant to Chapter 190, F.S., which lien shall be prorated pursuant to STANDARD K. 189 DISCLOSURES 190 10. DISCLOSURES: 191 (a) RADON GAS; Radon is a naturally occurring radioactive gas that, when it is accumulated in a. building in 192 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 193 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding 194 radon and radon testing may be obtained from your county health department. 195 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, Seller 196 does not know of any improvements made to the Property which were made without required permits or made 197 pursuant to permits which have not been properly closed. If Seller identifies permits which have not been 198 properly closed or Improvements which were not permitted, then Seller shall promptly deliver to Buyer all plans, 199 written documentation or other information in Seller's possession, knowledge, or control relating to 200 improvements to the Property which are the subject of such open permits or unpermitted improvements. 201 '(c) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or 202 desires additional information regarding mold, Buyer should contact an appropriate professional. 203 (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer Is advised to verify by elevation certificate which flood 204 zone the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to 205 improving the Property and rebuilding in the event of casualty. If Property is in a "Special Flood Hazerd Area" 206 or "Coastal Barrier Resources Act' designated area or otherwise protected area identified by the U.S, Fish and 207 Wildlife Service under the Coastal Barrier Resources Act and the lowest floor elevation for the building(s) and/or 208 flood insurance rating purposes is below minimum flood elevation or Is ineligible for flood insurance coverage 209 through the National Flood Insurance Program or private flood insurance as defined in 42 U.S.C. §4012a, Buyer 210' may terminate this Contract by delivering written notice to Seller within (if left blank, then 20) days after 211 Effective Date, and Brayer shall be refunded the Deposit thereby releasing Buyer and Seller from all further 212 obligations under this Contract, failing which Buyer accepts existing elevation of buildings and flood zone 213 designation of property, The National Flood Insurance Program may assess additional fees or adjust premiums 214 for pre -Flood Insurance. Rate Map (pre -FIRM) non -primary structures (residential structures in which the insured 215 or spouse does not reside for at least 50% of the year) and an elevation certificate may be required for actuarial 216 rating. 217 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy -Efficiency Rating information Brochure 218 required by Section 553.996, F.S. Buyer's Initials Page 4 of 12 Seller's Initials_ —� FloridaRealtors/FloddaBar-ASIS-5 Rev.4/17 © 2017 Florida Realtors® and The Florida Bar. All rights reserved. Serlelt 008808-000181-9161278 200 21e (f) LEAD-BASED PAINT: if Property includes pre -1978 residential housing, a lead-based paint disclosure is 220 mandatory. 221 (g) HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 222 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' 223 ASSOCIATION/COMMUNITY DISCLOSURE, IF APPLICABLE. 224 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 225 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO 226 PAY IN THE YEAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY 227 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 226 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE X20 COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 230 (1) FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Seller shall inform Buyer in writing if 231 Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act ("FIRPTA"). Buyer 232 and Seller shall comply with FIRPTA, which may require Seller to provide additional cash at Closing. If Seller 233 is not a "foreign person", Seller can provide Buyer, at or prior to Closing, a certification of non -foreign status, 234 under penalties of perjury, to inform Buyer and Closing Agent that no withholding is required. See STANDARD 236 V for further information pertaining to FIRPTA. Buyer and Seller are advised to seek legal counsel and tax 236 advice regarding their respective rights, obligations, reporting and withholding requirements pursuant to 237 FIRPTA. 238 (j) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are 239 not readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding 240 sentence, Seller extends and intends no warranty and makes no representation of any type, either express or 241 implied, as to the physical condition or history of the Property, Except as otherwise disclosed in writing Seller 242 has received no written or verbal notice from any governmental entity or, agency as to a currently uncorrected 243 building, environmental or safety code violation. 244 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS 245 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the 246 Property, including, but not limited to, lawn, shrubbery, and pool, in the condition existing as of Effective Date ("AS 247 IS Maintenance Requirement"). 249 12. PROPERTY INSPECTION; RIGHT TO CANCEL: 249• (a) PROPERTY INSPECTIONS AND RIGHT TO CANCEL; Buyer shall have (if left blank, then 15) 250 days after Effective Date ("inspection Period') within which, to have such Inspections of the Property 251 performed as Buyer shall desire during the inspection Period! If Buyer determines, In Buyer's sole 252 discretion, that the Property is not acceptable to Buyer Buyer may terminate this Contract by delivering 253 written notice of such election to Seller prior to expiration of Inspection Period. If Buyer timely 254 terminates this Contract, the Deposit paid shall be returnod to Buyer, thereupon, Buyer and Seller shall 255 be released of all further obligations under this Contract, however, Buyer shall be responsible for 256 prompt payment for such inspections, for repair of damage to, and restoration of the Property p rtY resulting 257 from such Inspections, and shall provide Seller with paid recelpts for all work done on the Property (the 256 preceding provision shall survive termination bf this Contract). Unless ,Buyer exercises the right to 258 terminate granted herein, Buyer accepts the physical condition of the Property and any violation of 26b governmental, building, environmental, and safety codes, restrictions, or requirements, but subject to 281 Seller's continuing AS IS Maintenance Requirement, .and Buyer shall be responsible for any and all 262 repairs and improvements required by Buyer's lender.. 293 (b) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 284• to time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and 265 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 286 Property are on the Property and to verify that Seller has maintained the Property as required by the AS iS 267 Maintenance Requirement and has met all other contractual obligations. 266 (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection 269 of the Property identifies open or needed building permits., then Seller shall promptly deliver to Buyer all plans, 270 written documentation or other information in Seller's possession, knowledge, or control relating to 271 improvements to the Property which are the subject of such open or needed Permits, and shall promptly 272 cooperate in good faith with Buyer's efforts to obtain estimates of repairs or other work necessary to resolve 273 such Permit issues. Seller's obligation to cooperate shall include Seller's execution of necessary authorizations, Buyer's Initials Page 6 of 12 Seller's Initials AL � FloridaRealtorsiFloridaBar-ASIS-5 Rev.4/17 © 2017 Florida Realtors• and The Florida Bar. All rights reserved. Serial. 065327.300161.8781720 201 274 consents, or other documents necessary for Buyer to conduct inspections and have estimates of such repairs 275 or work prepared, but in fulfilling such obligation, Seller shall not be required to expend, or become obligated to 276 expend, any money. 277 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and 27a cost, Seller will, at Closing, assign all assignable repair, treatment and maintenance contracts and warranties 279 to Buyer. 289 ESCROW AGENT AND BROKER 281 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent") receiving the Deposit, other funds 282 and other items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in escrow Zea within the State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions 284 of this Contract. Failure of funds to become COLLECTED shall not excuse Buyer's performance. When conflicting 285 demands for the Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent may las take such actions permitted by this Paragraph 13, as Agent deems advisable. If In doubt as to Agent's duties or 287 liabilities under this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until 288 the parties agree to its disbursement or until a final judgment of a court of competent jurisdiction shall determine 289 the rights of the parties, or Agent may deposit same With the clerk of the circuit court having jurisdiction of the 290 dispute. An attorney who represents -a party and also acts as Agent may represent such party in such action. Upon 291 notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the 292 extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will 293 comply with provisions of Chapter 475, F.S., as amended and FREC rules to timely resolve escrow disputes through 284 mediation, arbitration, interpleader or an escrow disbursement order. 295 In any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, 298 or in any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable 297 attorney's fees and costs incurred, to be, paid pursuant to court order out of the escrowed funds or equivalent. Agent 299 shall not be liable to any party or person for mis=delivery of any escrowed items, unless such mis-delivery is due to 298 Agent's willful breach of this Contract or Agent's gross negligence. This Paragraph 13 shall survive Closing or 300 termination of this Contract. 301 14. PROFESSIONAL ADVICE; BROKER LIABILITY; Broker advises Buyer and Seller to verify Property condition, 302 square footage, and all other facts and representations made pursuant to this Contract and to consult appropriate 303 professionals for legal, tax, environmental, and other specialized advice concerning matters affecting the Property 304 and the transaction contemplated by this. Contract. Broker represents to Buyer that Broker does not reside on the 305 Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or 306 public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 307 GOVERNMENTAL AGENCIES FOR VERIFICATION. OF PROPERTY CONDITION, SQUARE FOOTAGE AND 308 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL_, 3os WRITTEN OR OTHERWISE) OF BROKEN. Buyer and Seller (individually, the "Indemnifying Party") each 310 individually indemnifies, holds harmless, and releases Broker and Broker's officers, directors, agents and 311 employees from all liability for loss or damage, including all costs and expenses, and reasonable attorney's fees at 312 all levels, suffered or incurred by Broker and Woker's officers, directors, agents and employees in connection with 314 or arising from claims, demands or causes of action instituted by Buyer or Seller based on: (i) inaccuracy of 314 information provided by the Indemnifying Party or frond public. records; (11) Indemnifying Party's misstatements) or 315 failure to perform contractual obligations; (Iii) Broker's performance, at Indemnifying Party's request, of any task 316 beyond the scope of services regulated *by Chapter 475, F.S., as amended, including Brokers referral, 317 recommendation or retention of any vendor for, or on behalf of, Indemnifying Party; (iv) products or services 318 provided by any such vendor for, or on behalf.of, Indemnifying Party; and (v) expenses incurred by any such vendor. 3r9 Buyer and Seller each assumes full responsibility for selecting and compensating their respective vendors and 320 paying their other costs under this Contract Whether or not this transaction closes. This Paragraph 14 will not relieve 321 Broker of statutory obligations under Chepter 475, F:S:., as amended, For purposes of this Paragraph 14, Broker 322 will be treated as a party to this Contract, 'This Paragraph 14 shall survive Closing or termination of this Contract 323 DEFAULT AND DISPUTE RESOLUTION 324 15. DEFAULT: 325 (a) BUYER DEFAULT: If Buyer fgils, neglects or refusesto perform Buyer's obligations under this Contract,. 326 including payment of the Deposit, within the timo(s) specified, 5elleT flay elect to recover and retain the Deposit 027 for the account of Seller as agroed upon liquidated damages, consideration for execution of this Contract, and S28 In full settlement of any Claims, whereupon Buyerand, Seller shall be .relieved from all further obligations under Buyers initials Pago,491.12 Seller's Initials _ 0.0,— FloridaRealtors/FloddaBar•ASIS-5 Rev.4i17 020117 Florida Realtors1band'Tha.Florida Bar. All rights reserved. Sdtlsl#: 055327400151-8781720 202 329 this Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity to enforce Seller's Sao rights under this Contract The-pertiop-of-the-F3epesit; �ll 331 b"Pgt-eq�raily between•1-66tlpg-BrekeF-aod-G%P8F6tiBg-BRk-&F, pF@ i{�g gm; 332 3il�l{�FiOt-be-greettFieFrtkte-eeaarissioF► at�catlt L-istit�g-BFoker ktad a eed-t 333 (b) SELLER DEFAULT: If for any reason other than failure of Seller o make Seller's title marketable rafter 334 reasonable diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, 335 Buyer may elect to receive return of Buyer's 336 fl��rrSelleris-eaeiat�d; peFsttante-Pargr ages-FeeelttRg in 337 338 This Paragraph 15 shall survive Closing or termination of this Contract. 339 16. DISPUTE RESOLUTION: Unresolved controversies, claims and other matters in question between Buyer and 340 Seller arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("Dispute") will be settled 341 as follows: 342 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to 343 resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph 344 16(b). 345 (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida 346 Rules for Certified and Court -Appointed Mediators and Chapter 44, F.S., as amended (the "Mediation Rules"). 347 The mediator must be certified or must have experience in the real estate industry. Injunctive relief may be 348 sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 349 may be resolved by instituting action in the appropriate court having Jurisdiction of the -matter. This Paragraph 350 16 shall survive Closing or termination of this Contract. 351 17. ATTORNEY'S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted 352 by this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in 353 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall be entitled to recover 354 from the non -prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting the 355 litigation, This Paragraph 17 shall survive Closing or termination of this Contract. 356 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") 357 18. STANDARDS: 358 A: TITLE: 359 (1) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in 360 Paragraph 9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall 361 be issued and delivered to Buyer, The Title Commitment shall set forth those matters to be discharged by Seller at 362 or before Clo.sing'and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance 363 in the amount of the Purchase Price, shall be issued to Buyer insuring Buyer's marketable title to the Real Property, 364 subject only to the following matters: (a) comprehensive land use plans, zoning, and other land use restrictions,. 365 prohibitions and .requirements imposed by governmental authority; (b) restrictions and matters appearing on the 366 Plat or otherwise common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of 357 entry; (d) unplatted. public utility easements of record (located contiguous to real property lines and not more than ase 10 feet In width as to rear or front lines and 7 1/2 feet in width as to side lines); (e) taxes for year of Closing and 369 subsequent years; and (f) assumed mortgages and purchase money mortgages, If any (If additional items, attach 370 addendum); provided, that, none prevent use of Property for RESIDENTIAL PURPOSES, If there exists at Closing 371 any violation of items identified in (b) Y (f) above, then the same shall be deemed a title defect. Marketable title shall 372 be determined -according to applicable Title Standards adopted by authority of The Florida Bar and in accordance 373 with law. 374 (ii) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment -to examine it and notify Seller 375 in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title :Commitment and it is 376 delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to S days after date of 377 receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days ("Cure Period") after $76 receipt of Buyer's potice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, Buyer 379 shall be deemed to have accepted title as it then is. If Seller.cures defects within Cure Period, .Seller will deliver 360 written notice to Buyer (with proof of cure acceptable to Buyer and Buyer's attomey) and the parties will close this 381 Contract on Closing Date (or if Closing Date has passed, within 10 days. after Buyer's receipt of Sellers notice). If 382 Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of Cure Period, Buyer's Initials . Page 7 of 12 Sellees Initials FloridaRealtors/FloddaBar ASIS -5 Rev.4/17 0 2017 Florida Realtorse and The Florida Bar. All rights reserved. SeriaVk 655327.3001514791720 203 a t HlvuwxUS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 383 deliver written notice to Seller. (a) extending Cure Period for a specified period not to exceed 120 days within which 384 Seller shall continue to use reasonable diligent effort to remove or cure the defects ("Extended Cure Period"); or 385 (b) electing to accept title with existing defects and close this Contract on Closing Date (or if Closing Date has sea passed, within the earlier of 10 days after end of Extended Cure Period or Buyer's receipt of Seller's notice), or (c) 387 .electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all 388 further obligations under this Contract. If after reasonable diligent effort, Seller Is unable to timely cure defects, and sas Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, 390 thereby releasing Buyer and Seller from all further obligations under this Contract. 391 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements .located thereon 392 encroach on setback lines, easements, or lands of others, or violate any restrictions, covenants, or applicable 393 governmental regulations described in STANDARD A (!)(a), (b) or (d) above, Buyer shall deliver written notice of 394 such matters, together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no later 395 than Closing. If Buyer timely delivers such notice and Survey to Seller, such matters identified in the notice and 390 Survey shall constitute a title defect, subject to cure obligations of STANDARD A above. If Seller has delivered a 397 prior survey, Seller shall, at Buyer's request, execute an affidavit of "no change" to the Real Property since the 398 preparation of such prior survey, to the extent the affirmations therein are true and correct. 399 C, INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to 400 the Real Property is insurable in accordance with STANDARD A without exception for lack'of legal right of access. 401 b. LEASE INFORMATION: Seller shall, at least 10 days prior to Closing, furnish to Buyer estoppel letters from 402 tenants)/occupant(s) specifying nature and duration of occupancy, rental rates, advanced rent and security 403 deposits paid by tenant(s) or occupant(s)("Estoppel Letters)"). if Seller is unable to obtain such Estoppel Letter(s) 404 the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit 405 and Buyer may thereafter contact tenant(s) or occupant(s) to confirm such information. If Estoppel Letter(s) or 400 Seller's affidavit, if any, differ materially from Seller's representations and lease(s) provided pursuant to Paragraph 407 6, or if tenants)/occupant(s) fail or refuse to confirm Seller's affidavit, Buyer may deliver written notice to Seller 409 within 5 days after receipt of such information, but no later than 5 days prior to Closing Date, terminating this 409 Contract and receive a refund of the Deposit, thereby releasing Buyer.and Seller from all further obligations under 410 this Contract. Seller shall, at Closing, deliver and assign all leases to Buyer who shall assume Seller's obligations 411 thereunder.. 412 E. LIENS: Seller shall furnish to Buyer at Closing an affidavit attesting (1) to the absence of any financing 413 statement, claims of lien or potential lienors known to Seller and (ii) that there have been no improvements or 414 repairs to the Deal Property for 90 days immediately preceding Closing Date. If the Real Property has been 416 Improved or repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all 416 general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien .affidavit setting forth 417 names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges 418 for improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been 419 paid or will be paid at Closing. 420 F. TIME: Calendar days shall be used in computing time periods. Time is of the essence in this Contract. Other Alt- than time for acceptance and Effective Date as set forth in Paragraph 3, any time periods provided for or dates 422 specifled in this Contract, whether preprinted, handwritten, typewritten or inserted herein, which shall end or occur 423 on'a Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103.) shall extend to 5:00 p.m. (where the Property 424 is located) of the next business day. 425 G. FORCE MAJEURE; Buyer or Seller shall not be required to perform any obligation under this Contract or be 426 liable to each other for damages so long as performance or non-performance of the obligation, or the availability of 427 services, insurance or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force 428 Majeure. "Force Majeura" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, 429 unusual transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent 430 effort, the nonperforming party is unable in whole or in part to prevent or dvercome.. All time periods, including 431 Closing Date, will be extended a reasonable time up to 7days after the Force Majeure- no longer prevents 432 performance under this Contract, provided, however, if such Force Majeure continues to prevent performance under 433 this Contract more than 30 days beyond Closing Date, then either party tray terminate this Contract by delivering 434 written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all 436 further obligations under this Contract. 436 H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty;. trustee's, 437 personal representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters 438 described in STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be Buyer's loitiela Pelle 8 of 12 Sellpes In1E1a13, Flo6daRealtorilFiorldaBar-AS S� rRev.4/17 © 2017 Florlda Realtors° and The FlUdda Bac All rights resbrV d, serial){: oss3zrooas�-sra��z6 204 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 439 transferred by absolute bill of sale with warranty of title, subject only to such matters as may be provided for in this 440 Contract. 441 (. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE: 442 (i) LOCATION: Closing will be conducted by the attorney or other closing agent ("Closing Agent") designated by 443 the party paying for the owner's policy of title insurance and will take place in the county where the Real Property 444 is located at the office of the Closing Agent, or at such other location agreed to by the parties. If there is no title 445 insurance, Seller will designate Closing Agent. Closing may be conducted by mail, overnight courier, or electronic 446 means. 447 (ii) CLOSING DOCUMENTS: Seller shall at or prior to Closing, execute and deliver, as applicable, deed, bill of 448 sale, certificate(s) of title or other documents necessary to transfer title to the Property, construction lien affidavit(s), 449 owner's possession and no lien affidavit(s), and assignment(s) of leases. Seller shall provide Buyer with paid 460 receipts for all work done on the Property pursuant to this Contract. Buyer shall furnish and pay for, as applicable, 451 the survey, flood elevation certification, and documents required by Buyer's lender. 462 (iii) FinCEN GTO NOTICE. If Closing Agent Is required to comply with the U.S. Treasury Department's 463 Financial Crimes Enforcement Network ("FinCEN") Geographic Targeting Orders ("GTOs"), then Buyer 464 shall provide Closing Agent with the information related to Buyer and the transaction contemplated by this 455 Contract that is required to complete iRS Form 8300, and Buyer consents to Closing Agent's collection and 466 report of said information to IRS. 457 (iv) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title Commitment 466 provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow closing 459 procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to COLLECTION of all 460 closing funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to Seller. 481 J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide 482 for insurance against adverse matters as permitted under Section 627.7841, F.S., as amended, the following 483 escrow and closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent 464 for a period of not more than 10 days after Closing; (2) if Seller's title Is rendered unmarketable, through no fault of 465 Buyer, Buyer shall, within the 10 day period, notify Seller In writing of the defect and Seller shall have 30 days from 466 date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, the Deposit and all 467 Closing funds paid by Buyer shall, within 5 days after Written demand by Buyer, be refunded to Buyer and, 468 simultaneously with such repayment, Buyer shall return the Personal Property, vacate the Real Property and re - 469 convey the Property to Seller by special warranty deed and bill of sale;' and (4) if Buyer fails to make timely demand 470 for refund of the Deposit, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect 471 except as may be available to Buyer by virtue of Warranties contained in the deed or bill of sale. 4.72 K. PRORATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of 473 the day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes 474 (including special benefit tax assessments imposed by a CDD), interest, bonds, association fees, insurance, rents 476 and other expenses of Property. Buyer shall have option of taking over existing policies of Insurance, If assumable, 476 in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required 477 by prorations to be made through day prior to Closing. Advance rent and security deposits, if any, will be credited 478 to Buyer. Escrow deposits held by Seller's mortgagee will be paid to Seller. Taxes shall be prorated based on 4ie current year's tax. If Closing occurs on a date when current year's millage is not fixed but current year's assessment 48o is available, taxes will be prorated based upon such assessment and prior years millage. If current year's 481 assessment Is not available, then taxes will be prorated on prior year's tax. if there are completed improvements 482 on the Real Property by January 1st of year of Closing, which improvements were not in existence on January 1" 483 of prior year, then taxes shall be prorated based upon prior years millage and at an equitable assessment to be 484 agreed upon between the parties, failing which', request .shall be made to the County Property Appraiser for an 485 informal assessment taking into account available exemptions. In all cases, due allowance shall be made for the 400 maximum allowable discounts and applicable homestead and other exemptions. A tax proration based on an 487 estimate shall, .at either party's request, be readjusted upon receipt of current years tax bill. This STANDARD K 488 shall survive Closing. 489 L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller Oso shall, upon reasonable notice, provide utilities service and access to Property for appraisals and Inspections, 491 including a walk-through (or follow-up walk-through if necessary) prior to Closing. 492 M. RISK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by fire or other casualty 493 ("Casualty Loss") and cost of restoration (which shall include cost of pruning or removing damaged trees) does not 494 exceed 1.5% of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed 495 pursuant to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% of estimated Buyer's Initials Page 9 pf 12 Sellers Initials_ FloridaRealtorsfFloridaBar-ASIS-5 Rev.4117 © 2017 Florida Realtors® and The Florida Bar. All rights teserved. Serialbt 066327-300161.878'1720 205 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 496 cost to complete restoration (not to exceed 1.5% of Purchase Price) will be escrowed at Closing. If actual cost of 497 restoration exceeds escrowed amount, Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase 498 Price). Any unused portion of escrowed amount shall be returned to Seller. If cost of restoration exceeds 1.5% of 499 Purchase Price, Buyer shall elect to either take Property "as is" together with the 1.5%, or receive a refund of the 500 Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation 501 with respect to tree damage by casualty or other natural occurrence shall be cost of pruning or removal. 502 N. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with 503 Closing or deferred) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperate 504 in all reasonable respects to effectuate the Exchange, including execution of documents; provided, however, 506 cooperating party shall incur no liability or expense related to the Exchange, and Closing shall not be contingent bob upon, nor extended or delayed by, such Exchange. 507 0. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; DELIVERY; COPIES; CONTRACT 508 EXECUTION: Neither this Contract nor any notice of It shall be recorded in any public records. This Contract shall 609 be binding on, and inure to the benefit of, the parties and their respective heirs or successors in interest. Whenever 510 the context permits, singular shall include plural and one gender shall include all. Notice and delivery given by or to 511 the attorney or broker (including such broker's real estate licensee) representing any party shall be as effective as 512 if given by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic 513 (including "pdf') media. A facsimile or electronic (including "pdf') copy of this Contract and any signatures hereon 514 shall be considered for all purposes as an original. This Contract may be executed by use of electronic signatures, 515 as determined by Florida's Electronic Signature Act and other applicable laws. 616 P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement 617 of Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or 518 representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change 519 in this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended 520 to be bound by it. 521 0. WAIVER: Failure of Buyer or Seller to insist on compliance with, or strict performance of, any provision of this 622 Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions or 623 rights. 524 R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten 625 or handwritten provisions shall control all printed provisions of this Contract in conflict with them. 526 S. COLLECTION or COLLECTED: "COLLECTION" or "COLLECTED" means any checks tendered or 527 received, including Deposits, have become actually and finally collected and deposited In the account of 528 Escrow Agent or Closing Agent. Closing and disbursement of funds and delivery of closing documents 529 may be delayed by Closing Agent until such amounts have been COLLECTED in Closing Agent's accounts. 530 T. RESERVED. 531 U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State 532 of Florida and venue for resolution of all disputes, whether by mediation, arbitration or litigation, shall lie in the 633 county where the Real Property is located. 534 V. FIRPTA TAX WITHHOLDING: If a seller of U.S, real property is a "foreign person" as defined by FIRPTA, 535. Section 1445 of the Internal Revenue Code ("Code") requires the buyer of the real property to withhold up to 15% 536 of the amount realized by the seller on the transfer and remit the withheld amount to the Internal Revenue Service 537 (IRS) unless an exemption to the required withholding applies or the seller has obtained a Withholding Certificate 538 from the IRS authorizing a reduced amount of withholding. 539 (1) No withholding is required under Section 1445 of the Code if the Seller is not a "foreign person". Seller can 540 provide proof of non -foreign status to Buyer by delivery of written certification signed under penalties of perjury, 641 stating that Seller is not a foreign person and containing Seller's name, U.S. taxpayer identification number and 642 home address (or office address, in the case of an entity), as provided for In 26 CFR 1.1445-2(b). Otherwise, Buyer 643 shall withhold the applicable percentage of the am unt realized by Seller on the transfer and timely remit said funds 544 to the IRS. 545 (ii) if Seller is a foreign person and has received a Withholding Certificate from the IRS which provides for reduced 546 or eliminated withholding in this transaction and provides same to Buyer by Closing, then Buyer shall withhold the 547 reduced sum required, if any., and timely remit said funds to the IRS. 548 (til) If prior to Closing Seller has submitted a completed application to the IRS for ai Withholding Certificate and has 549 provided to Buyer the notice required .by 26 CFR 1.1445-1(c) (2)(i)(B) but no Withholding Certificate has been 650 received as of Closing, Buyer shall, at Closing, withhold the applicable percentage of the amount realized by Seller 561 on the transfer and, at Buyer's option, either (a) timely remit.the withheld funds to the IRS or (b) place the funds In 652 escrow, at Seller's expense, with an escrow agent selected by Buyer and pursuant to terms negotiated by the Buyers Initials Page. 10 of 12 Seller's initials_ FloridaRealtors/FloddaBar-ASIS-5 Rev.4117 m 2017 Florida Reialtome and The Florida Bar. All rights reserved. Serialt 066327-300151-8781720 206 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 653 parties, to be subsequently disbursed in accordance with the Withholding Certificate Issued by the IRS or remitted 564 directly to the IRS if the Seller's application is rejected or upon terms set forth in the escrow agreement. 555 (iv) In the event the net proceeds due Seller are not sufficient to meet the withholding requirement(s) in this 556 transaction, Seller shall deliver to Buyer, at Closing, the additional COLLECTED funds necessary to satisfy the 557 applicable requirement and thereafter Buyer shall timely remit said funds to the IRS or escrow the funds for 558 disbursement In accordance with the final determination of the IRS, as applicable. 659 (v) Upon remitting funds to the IRS pursuant to this STANDARD, Buyer shall provide Seller copies of IRS Forms 660 8288 and 8288-A, as filed. 561 W. RESERVED 662 X. BUYER WAIVER OF CLAIMS: To the extent permitted by law, Buyer waives any claims against Seller 663 and against any real estate licensee involved in the negotiation of this Contract for any damage or defects 564 pertaining to the physical condition of the Property that may exist at Closing of this Contract and be 565 subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. This 666 provlslon does not relieve Seller's obligation to comply with Paragraph 906f). This Standard X shall survive 667 Closing. 668 ADDENDA AND ADDITIONAL TERMS Bev 19. ADDENDA: The following additional terms are included in the attached addenda or riders and incorporated Into this 570 Contract (Check if applicable): ❑ A. Condominium Rider ❑ K. RESERVED ❑ T. Pre -Closing Occupancy ❑ B. Homeowners' Assn. ❑ L. RESERVED ❑ U. Post -Closing Occupancy ❑ C. Seller Financing ❑ M: Defective Drywall ❑ V. Sale of Buyer's Property ❑ D. Mortgage Assumption ❑ N. Coastal Construction Control ❑ W. Back-up Contract ❑ E. 'FHAIVA Financing Line ❑ X. Kick -out Clause ❑ F, Appraisal Contingency ❑ O. Insulation Disclosure ❑ Y. Seller's Attorney Approval ❑ 0. Short Sale ❑x P. Lead Paint Disclosure (Pre -1978) ❑ Z. Buyer's Attorney Approval ❑ H. Homeowners/Flood Ins. ❑ Q. Housing for Older Persons ❑ AA. Licensee Property Interest I. RESERVED ❑ R. Rezoning ❑ BB. Binding Arbitration ❑ J. Interest -Bearing Acct, ❑ S. Lease Purchase/ Lease Option ❑ Other. 571' 512 573 574 575 578 677 578 579 560 581 582 683 $84 585 586 587 20. ADDITIONAL TERMS: ent of the 588 COUNTER-OFFERIREJECTION 689• ❑ Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter -offered terms and 69D deliver a copy of the acceptance to Seller). 591• ❑ Seller rejects Buyer's coffer. Buyer's Initials Page 11 of 12 seller's Initials--t'�=— FloddaR0altors/Hodd4ar-ASI8-5 Rev.4/17 © 2017 Florida Realtors® and The Florida Bar. All rights reserved. Serlow. 008608- 001614761278 207 592 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 593 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 594 THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. 595 Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the 596 terms and conditions in this Contract should be accepted by the patties in a particular transaction. Terms and 597 conditions should be negotiated based upon the respective interests, objectives and bargaining positions of all 598 interested persons. 599 AN ASTERISK (") FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK 600 TO BE COMPLETED.~ , 601* Buyer: Se -t? `t" o (�O(.4 S �1 � t\il� '� 'T �j A a 9— Date: 602* Buyer. &4�x ,_Date: 603* Seller. � �` "''Wli Date: Parch , 2018 Sandra Smith Lambert Date: March 13 , 2018 604- Seller. ��ivi c�C� Cindi Stenroos 605 Buyer's address for purposes of notice Seller's address for purposes of notice 606• c/o John C Kaczmarek, P.A. 607' SPP h l r) •t Goa' 609 BROKER: Listing and Cooperating Brokers, If any, named below (collectively, 'Broker"), are the only Brokers 610 entitled to compensation in connection with this Contract. Instruction to Closing Agent: Seller and Buyer direct 611 Closing Agent to disburse at Closing the full amount of the brokerage fees as specified in separate brokerage 612 agreements with the parties and cooperative agreements between the Brokers, except to the extent Broker has 613 retained such fees from the escrowed funds. This Contract shall not modify any MLS or other offer of compensation 614 made by Seller or Listing Broker to Cooperating Brokers, s16* S, Mark Baker 616 Cooperating Sales Associate, If any 617• Rick Baker Realty, LLC 618 Cooperating Broker, If any S. Mark Baker Listing Sales Associate Rick Baker Realty, LLC Listing Broker JOHN C. KACZMAREK, P.A. ATTORNEYAT LAW 399 CAMINO GARDENS BOULEVARD sumt 3o0 BOCA RATON, FLORIDA 33432 TELEPHONE: (661) 368-6609 FAX: (561) 394-2970 keelmareki @eomcast.net Buyers Initials Page 12 of 12 Seller's Initials FloridaRealtors/FloridaBer-ASIS-6 Rev.4117 ® 2017 Florida Reoltorse and The Florida Bar: All rights reserved. Sodaf k 055327.300161.6791720 208 Residential Contract For Sale and Purchase Sandra Smith Lambert & Cindi Stenroos -5816 261h St. Vero Beach, FL 32966 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 Peter D. O'Bryan, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller M Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: County Attorney 209 Legal Description A portion of a parcel of land in the S % of the S'/z of the East ten (10) acres of Tract 16, Section 32, Township 32 South, Range 39 East according the plat of Indian River Farms Company, recorded in Plat Book 2, Page 25, ofthe Public Records of St. Lucie County, Florida; said land situate, lying and being in Indian River County, Florida, LESS and SUBJECT to those lands in favor of the State of Florida, as may be reserved therein. This legal description is not to be relied on. The Buyer is directed to do its due diligence and obtain an exact legal description. CP -Z t-�- 210 Page 1 of 1 Seotion 88000 58835 SMNo. 343 and Section 88550-21$0 Road s -505-A SRD No. 10 INDIAN RIVER COUNTY QUITCLAIM FART DEED NO. 408, KNOW ALL MEN BY THESE PRFSENTSa WHEREAS, the State of Florida, through the Trustees of the Internal Improvement Fund, by Part Deed No. 1108 Indian River county, of Aug. 4, 3.944 , conveyed unto Eli C. Walker, Jr. M1 m grantee, �3 a certain parcel therein deecribed, and subject to the reservation for State Road Right of Way as therein defined (the last recorded owner of the title of said F- T property now being George B. Smith and Winifred Jane Smith, his wife o )and T— D v LL WHERF48, the State Road Department of Florida has advised that the property s e hereinafter described is not necessary for highway purposes, and has approved the M1 relr,aso and quitclaim of said reservation for State Road Right of Way to 'the extent hereinafter set forth; s u N NOW, THEREFORE, the State of Florida, through the Trustees of the Internal d - Improvement Fund in consideration of the sum of Ten Dollars (^$10.00) and the fore- going considerations, ha -re ramised, released and quitclaimed and by these presents do remise, release and quitclaim unto the said George B. Smith. and Winifred '- Jane Smith, his wife 'O J w m and their heirs and assigns forever all right, title, interest, claim and demand arising out of the following reservation, to -wit: RESERVING UNDO THE STATE OF FLORIDA easement for State Road Right of Way Two Hundred (200) feet wide lying equally on each side of the centerline of any State Road existing on the date of this deed through so much of any parcel herein described as is within One Hundred (100) feet of said centerline, Part as contained in that certain/ Deed No- 408 as to so much of: said right of way described'as follower SOF- 2 •y` All of said reservation insofar as same affects Sa of Sz of East 10 acres of Tract 16, Section 32, Township 32 South, Range 39 Fast, d $ according to plat of Indian River Farms Company, recorded in Plat Book 2, page 25, Public Records of St. Lucie County, Florida, said land situate, lying and being in Indian River County, Florida, EXCEPT that part lying within 81 feet of.the East line of said Section 32 and except that part lying within 70 feet of -the South line of said Section 32. IN TESTIMONY WHEREOF, the said Trustees of the Internal State of Florida have hereunto subscribed their names and have seal of said Trustees to be hereunto affixed in the City of Ta on this theJUN 2 6 1967 ... ��•iiiiirniiiir.:;�;�0'S^��• ST LOR SEAL i T TEES CI' I ERNAL SVA'... '+ -- STATE ROAD DEPARTMENT OF FLORIDA DIVISION OF RIGHTS OF WAY INDIAN RIVER COUNTY. ORNEY GENERAL MISSIONER CF DESCRIPTION APPROVc." AS AND CONSTITUTING THE TRUSTEES O THE .LUN 22 1967 8y' "" � FLOER AL IMPROVEMEW FUND OF TY.E STATE OFA__ r.OFFICtA�L1RF�c Q BOOK Z60 PACE139 -..._ .._.v.. .... 211 http://ori.indian-river. org///Document/GetDocumentForPrintPNG/?request=AQAAANCM... 3/16/2018 -� I ', Lead -basad Paint Warning Statement NARE (Use this form with. contracts forthe sale of resldenilal properly bull n 1977 oreadler, 71113 disolosure must be made beginning September 6, 9986, if Selierowns more then 4 dwelling unlis and beginning Docember8, 9996, l 119rowns 1.4 dwell/ng units, Seller and licensees mustkeep a copy of this complolad form for 3 yearn from the date of olosing,) Sale and purchase Contract. This clause Is incorporated into the Contract between Sandra Smith Lambert & oindl Stenroos (Seller) and I.R. Qounty, Florida (Buyer) concerning the residential Property built before 1878 and located at 681 s 28th street Vero Beach F6 32960 8619 28th Street Vero Beach F182898 "Every purbhaser of any Interest In residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabliities, reduced Intelligence quotient, behavioral problems, and Impaired memory, Lead polsoning also poses a particular risk to pregnant women. The seller of any interest In residential real property ie required to provide the buyerwith any Information on lead-based paint hazards from risk assessments or Inspection In the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or Inspection for possible lead-based paint hazards is recommended prior to purchase," For purposes of this addendum, lead-based paint will be referred to as "LBP" and lead-based paint hazards will be referred to as "Lt3PH ° 11) L13PJLBPA in Housing: Seiler has no knowledge of LBPILBPH In the housing and no available LSPILSPH records or reports, except as indicated: (describe all known LSPA BPH Information and list all available documents pertaining to LBPILBPH and provide documents to Buyer before accepting Buyers offer) (2) Lead-based Paint Hazards inspection: Buyer waives the opportunity to conduct a risk assessment or inspection for the presence of LBPILBPH unless this box is checked ( O Buyer may conduct a risk assessment or inspection forthe presence of LBPILBPH in accordance with the Inspection, notice, repair and repair limits of paragraph il(a) or H of the FAR Residential Sale and Purchase Contract or standard N of the FARIBAR Contract for Sate and Purchase, as amended and as applicable), (3) Certification of Accuracy: Buyer has received the pamphlet "entitled "Protect Your Family From Lead In Your Home and all of the information specified In paragraph (A) above. Licensee has notified Seller of Seller's obligations to provide and disclose Information regarding lead-based paint and lead-based paint hazards to the property as required by federal law (42 U.S. C. 4052d) and la aware of his or her obligation to ensure oompliance with federal lead -basad paint law. Buyer, Seller and each licenses has reviewed the information above and certifies, to the best of his or her knowledge, that the Information he or she has provided is true and accurate. 2-23"16 Buyer Buyer , 6, Mark 6kr Date Date Seller ' Date NIKA Baker Date Date 3b if pat Buyer (_ _ _j (� j Seiler (_.t2n1 Listing licensee selling Licensee L -_.._J acknowledge receipt of a copy of this page, which Is Page 1 of 2 4 0805. LOPS -2x ROV.10100 02000 PlaridaReailor$® AH Right$ ReseNsd soda* oarott. MU1.aroea23 212 .w,., ..••���--max 4,.nn..,,Wvw,m'"112utakuauanaAput�ut011"'4,011Iranituna-conuuninareaOust, eon or paint that Is delerlorated or present In accessible lass or surfaces that rub together, like doors and ykdc 1, Before You Sign a Contract/Leasa; Before a u,ayor or tenant becomes obi sled by contract to bt. 'ease your housing, ou must complete the IGN1105 1190d In given. This maybe obco®mptl had by making aoffer Caaunterolfer thaprovide all allows hBe btOr or tefnaannt aln opportunity (a review the Information and amend the aNer if fie or she so chooses, You Mosta A. blsolose 10 each licensee or other agent(for purposes of this law, a�yrons who enters into a contract with you oryourrepresontallvo for the purpose of selling yourhome, except forbuyer's agents who are paid solelyby the buyer and not by you or your representative, la poneldered an %gantl Invcived In the transaction: f the presence ofany LBPILBPH about which you know; any additional information avallable concerning the Li3PJLBPH, Including the basis for datennining that MUM exists, the location of the LBPIWPH and the condition of the pabitad surfaoes; and (3) the existence of any available records of fepnde parialning to LBP)LBPH. 13. provide The buyer or tenant wft (1) an EPA -approved lead hazard Information pamphlaL This means either the EPA document entitled "Protect Your Family prom Lead in Your (2) any r oorda orrrreportts available to y udcooncs ning LBPiI�.bPH in the unit including records and reports regarding any common cress, if the unit is In multifamily housing that you own and you had an evaluation or reduction ofLBPILBPH In the housing as a whole, you must provide avallable records and reports regarding other residential dwellings in that housing. C. 01801080 to the buyer or tenant; (1) the presence of any known LIVILBPH In the unit; and (2) any addttortal information available concerning the LBPILBPH, such as the basis for determining that LBP1L13PH exists, the location of the L9p/LOPH and the condition of the pointed surfaces. D. Allow the buyer time to conduct a deR assessment or inspection for the presence of Li9PILBPH, You must give the buyera 10 day ggedod unless yyou agree with the qquuyyer, In w,iting to another period of tme (such as within the Ime allowed for property Inspeotons) or unteas the buyer Indiealoo in wrliing los Contaha walvas the right �o condual the risk assessment or Inspection, This Inspection requirement does nottapply to tenants. 2, 6aleg ot OtRequiremente. YOU must enure that the sales contract has an attachment having the foltowf elements; 1 78 la n tovil ified that d CW,hharning Statement: 'Every purchaser of eny intorest In residential real property on whh oh a rots dentias dwellinngg was bull! prior to baisanlno. rcnrl nntunnin property mai present exposure to lead it , lead_�ased paint that may plane young ohRdren at rink of develapinn lead B. A statement by you disclosing the presence of kncwn LOPASPH In the home and any additional information available concerning the LBPILBPH, such as the basis for determining that it exists, lie tocallon and the condition of the painted surfaces; OR indicating that you have no knowledge of the presence lott of anyPr eorPds Inthe described in 1.8.(2) above that are available to you and that you have provided to the buyer; OR a statement that no such recorda or reports are availabie to you. D. A statement by the buyer; 1 affirming recalpt of the information in 2.8 and O above, 2 af6tming receipt of the lead hazard Information pamphlet noted In 1.8,(1) above, and 3 thathe or she has either had the opportunity to conduct the Ask assessment or Inspection required as noted In I.D. above or waived the opporhmlly. E. Astalemontby each real estate Itcanseelagant involved In the transaction that (1) the iconaeo/agent has Informed you of your legal obligations; and (2) the ticenaaelagent to aware of his or bar duly to ensure compliance with the law, F. Signatures of you, the licenses,/agents and the buyer$ certifying to the accuracy of their statements to the beat of Their knowledge, and the dales of the 3, Lesignatures. sge Re juirements. As the owner of property being rented, you must ensure that every issue forth% unit contains language Within the lease Itself or as an atlsohment having the following elements; A. The following Lead Wamingg Statement: *Hous bWt before 1976 me o0niatn lead-based alit, Load Trom patnQ pa t chi s, and dust can psee hearth hazards I€holmanagad properly. Lead exposure Is espaolaUy hermiui to young ahgdren and pregnantwomen. Before rentlnp pra•187ohousing, as ore muss dlscloas the presence of d, ad paint and/ar (ead•baasd paint hazards in Ura dwelling. Lessees must aisa rec$Ivs a tsderaily approved pamphlet on lead �otsaning prevention " , A atatement byyyou diactoaInng the presence of known LBP/LBPH in the unit being teased artd ally additional information avaRabte concemtna the LBPI LI3tn. Including Ure beets tardet'annlnkrg that n exists, Ua location and Ina condiltan of rho painted surtaae9; Oil indioaRna that youhave no tmawtadaa or the presence of LBP at. C. A list of any records or retorts described In f.3,(2) above available to you and that you have provided to the tenant, OR a statelnont that no such records or reports aro available to you. b. A etalemont by the tenant: 1 afgmnhrg receipt of the Information paragraph 3.8. end O. above; and 2 affirming iecelpt of the lead hazard Information pamphlet noted in 1.8.(1) above, E. A statement by each real estate licenseelogant Involved In the transaction that (1) the Ilcenseelagent has informed you of your legal obligations; and (2) theUoonseelagent is aware of his or her duly to ensure compliance with the law. P. signatures afyou, the licenseeslagants and the tenants carliong to the accuracy of their statements to the beat of their knowledge, and the dates of the signatures, 4. Record Retention Requirements, Sellers and the Iloencepolsgente Involved in the sates transaction must keep a copy of the completed attachment described In paragraph 2 above for no leas than 3 years from the dated closing, Landlords and the licensesslagants involved In the lease transaction must keep a copy of the completed attachment or tease form described In paragraph 3 above for no less than 3 years from the thst day of the leasing period, 5, hn"Ot of Law and 0tsalosurae. Nothing hh the lav/ or regrriallona requires rt sellar 0r 18ndtord to conduct ar►y evaluaticn ar roduaUon aoti+Aties, However, aha penins may voluntarily insert such a requirement in the con4sat. Netlharyou mortise f�enaees Imroived In the safe or tease trensaction wnl ba reaponatble for she (spurn of a buyer's crtenant's legal representative (such as an attorney ar brokerwho receive$ iii acmpensation from the buyer orten to transmit dlectosure msterlela to the boyar or tenant, praNded that aR required poisons have oomptetad and signed the n8cessary cattitcatlon and aoknowlad am ent language described under paragraphs 2 and a above. This Information sheet was provided by Hick Baker Really (licenses) to SetlorlLandiord on the 18 day of February 2016 , Buyer C__.-)(__..) Better [ v -h Listing Licenses GelRngLicansea 44-f )aoknowledgereceipt Ora copy of this page, whloh Is page 2 of a PA ea, Ps IT— LOP$.zx Rev. 10108 02008 f rida Realtorsm All flights Reserved W 8e in% ca7011•906161.9706073 213 wv,vvbu ,u„v„n,ywnn.,un. u. .w. �,......,_.,�_ _ lead baed panni and atepH° w1ti mean lead bag tint hazards, w61oh are aonditlotls that cause expgKe JO rrom itlauwvntenurrRlw 4Voy w,. e Point that is deteriorated or present In aooeasibla ,...,,aces or surfaces that rub together, Ila doors and Iota„j, 1. Before You SIgn a CordractlLoase, Before a buyer or tenant becomes obyggaled by conlfaotto buy... lease your hou*g, Au must comptetethe activities Fled Intl] below, if you receive an offer before you provide the ragairod Information, you osnnot Accept the otter until after The Inforniallon Is glvan.Thls maybe acoompllshad by making a counter offer that allows the buyer or [anent an opportunity to review the information and amend the offer If 6 or she so chooses. You must, A. Disclose fo each licensee of other agent (for purposes of this law, anyone who antero Into a contract with you oryyour reppresentative for the purpose of seltht0 your�oma, except forbuyaft agents who are paid solely by the buyer and not by you or your representative, to considered an°agent') involved In the transaclion: 7) the presanca of Any LBP/LBPH about Which you know; 2) any additional Information available concerning the WILDPH, Including the Deals for determining that WILBPH exists, the Isoation of the /.BPH and the condition of the painted surfoonal and 13) the Waterloo of any ovatiable records or reports pertaining to l9PA.9r'H. 8. Provide the buyer or tenantwlth; (1I an ft -approved load hazard information pamphloL This means elihar the BPA document entitled "Protect Your Family From Lead to Your V) cr an equivalent pamphlet approved by Uta EPAfor use In FtorMs; and (2) records or reports avaliable to you concerning LEPIL13PH in the unit, Including records and reports regarding any common areas. If the Wile In muitlfamity housing that you own and you had an evaluation or reduction of L13POPH In the housing as a whole, you must provide available records and reports regarding other residential dwellings in that housing. 0. Dlsoloas to the buyer or tenant: (7) tha•preashce Of any known 43P/L13PH In the unit; and (2) any additional Information available concerning the LBPILi3PH, such an the basis for determinhV that LBP/LBPH exists, the location of the LBPILBPH an dd the condition of the paihled aurfaoee. Q. Allow the buyerilme to conduct ads assessment or Inspection for the presence of WILSPH, You must give the buyer a 10 day podod unless you agree With iia buyer, in wdit to another pedod of time (such as within the time allowed for property Inspsallona) or unless the buyerfndloatea In ling that he or shows as the dgh io conduct the risk assessment or tnepaoiton, This Inopeotion requirement does not apptyto tenants. 2, sates contracttec�uire�trents You must ensure thatlhe sates contract has ap attacjrmgnt having the foilowing elements: A. Tha fn4n nn na tnle.., . fl, , ,. ur..... .._.e____ _`-.--.. -. on which a residential dwelling was built prior to young 011dren atrtskofddvalboln>f lead possesetori and riot[ (lis buyer ofany known lead-based palm haze da A tlsklassesamant or InMH ction for possible Inspection the hozzarda la r scommended prior% purchase.' P P R. A statement by you disclosing the presence of known L13PIL13PH In the home and any additional Inrormatlon available concerning the i.8PILSPH, such as the basis for yd�etermining that It axials, its location and the condition of the painted surfaces; OR Indicating that you have no knowledge of the presence A llet of anyrecords or reports described In 1,8,(2) above that are available to you and that you have provided to the buyer. OR a statement that no such records or reports are available to you. D. A statement by the buyer. aflirming moolpt of the information in 2.8 and 0 abovve, 1211 thdfle or eha gsf el�ther had the opportunity to on condual the notedIn assessment ori and required as noted to 1.0, above orwaived the oPPorlunity, S. A statement by each real estate llcenseelagent Involved in the transaction that, the llaenaaelagent bas informed you ofyour legal ob8gattons; and 2(i) the iicenseelagent Is aware of his or bar duly to ensure compliance with the law. F. signatures of you, Iha licanseealogenle and the buyete eertifying to the accuracy of their statements to the best of their knowledge, and the dates of the signatures. 3, Lased Requirements. As the owner of property being rented, you must ensure that ovary lease for the unit conlalne ["uaga wllhfn the lease itself or no an attachment having the following elements: A. fie fallowing lead Warnlnp statement: "Haueing built before 1876 may Ocntaln lead -basad pelnL lead from paint, calif since and dust con pose heatlh hazards isno'm mmegad pprropady, Lead expoatce Is especially harmlUl to youngg chlldrop and pregnantwamen. Bafira illt�ting pre;87B hottslffg, Iaesors must dlagtosa the prase»oe oflead based paint andlor iead based paint hazards In the dwe0ing.leasaeam�at ateorec�ive afederally approved pamphlet 'on load pofsanitlg prevention,° g. A statement b9you disclosln� nrlf ptasenca cf known Ll3P/LBPH !n the unk being leased and any addlllonel Information available canoaming the LePI l.P3PH,lnotudinu tiro baelafor da ermintna Iha! ft exists, its roasltort and the aond{Ilan of painted surfaces; Ott Inalcatmn that you have no knaWlsdoa of the presence of LBP/[ BPH. c. A nal of ally recorda.or repports described In 7.8.(2) above available to you and that you have provided to the tenant, ORA statement that no such racorda orroport0 are availabis to you. D. A statement by the tenatih €2� afrtrming rrece pt of t Of the lehe ad hazed Paragraph paand 0. above; and mphi t noted to 1.8,(i) above. E. A statement by each real estate Itcenseelagent Involved In the transaction that: {1) the liaonseelagent has lnformad you of your legal Obligations” and P. Sl (»althe s of you, the 11censeess agentle and tiduty. aints cadifycompliancennto tcluracy of heir statamonts to the beat of their knowledge, and the dates of the signatures, a. Record Retention Raqulrements. Sellers and the lieanseaslagants Involved In the sales transaction must keep a ao y of the completed attachment described In parograph 2 above for no less than 3 years from the date of olosing. Landlords and the Ileenseeclagents Involved In tape lease transoation musikeep a copy of the completed attachment cr lease form described In paragraph a above for no less than a years from the first day of the leasing period, impact of Law and Dieatoaures, Nothing br the law or ragulatlona tequlras a seller orlandlord to conduct a evaluation or reducticn.adlvltlea. However, Nre �'ts"s iesmayvolunladlyinsertsuchs regWrementIntheconUeoL Nelthetyounaflconsos0tnvoived In the seta orteast9 transaction wilt be raeponalble for the lWreof abuyer's or tenant's legal representegve (suchas an attorney or brokwhoreceivesellcompensation fp�m the buyer or tenant) to transmit disclosure fa the buyer ortenant, provided chat all regtdrod parsons have completed and signed the nowasary cettiAcallon and eeimowledgameM language de,wlbed trader paragrapha 2 and 9 above, 'chis Information sheat was provided by Rick Baker Really (110811 204) to 8ellarkandlord on the 18 day of Februal y 2018 , Buyer (. t t. 1 seller ( j Lieting Licensee (__n,_) 9011140 Licensee (^) aoknowledge racelpt of a copy of ills page, which Is page 2 of 2 - gas. 'r LOOM)(Rev. 70108 02008 Nodda Reaitor& Ali >tights Reserved eedalf6 0370t1.900161.9760023 214 COmmISslon Agreamont Sandra Smith Lamb agrees that h may show and will use diligent effort to (Check as 6816 261h Stree! 15w p )F T- A T' AIf WOC Ail LLC Sellerll.andiord')' O sell CI lease Seller'sIlLandlord's ("Brokeel) property located at , FI 32966 ("Propenyl arida ("Prospect"), In the event the Property Is (Check as applicable) p sold, optioned, or contracted to be sold O leased to Prospect, or any other prospect procured by Broker, on [date] or within 30 days (180 days If blank) thereafter, Seller/Landlord agrees to pay Broker; O$ _ of the gross purchase price of the Property, O ` %o of the gross lease value of a lease executed regarding the O other (specify) Contract to be signed by India SellerlLandlord will pay Broker's fee in the event Of sale. at time of closing the sate, or In the event of lease, at lime of lease execution. Broker'e fee is due if Seller/Landlord defaults on an executed sales contract or lease with prospector if SellerlLandlord agrees with Prospect to cancel an executed sales Contract or lease. In any litigation arising out of this agreement, the prevailing party will be entified and expenses. to recover from the non-prevalling party reasonable attorney's fees, costs, If the Property to commercial real estate as defined by Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sates Commission Lien Act provides that when a broker has earned a commission by performing licensed services under a brokerage agreement with you, the broker may claim a Ilan against your net sales proceeds for the broker's commission. The broker's Ilan rights under the act cannot be waived before the commission Is earned. If the property Is Commercial real estate as defined by Section 475,801, Florida Statutes, the following disclosure will apply: The Florida Commercial Real 5 -state Leasing Commission Lien Act provides that when a broker has earned a commisslon by performing licensed services under a brokerage agreement with you, the broker may claim a lien against your interest in the property for the broker's commission. The broker's lien rights under the act cannot be waived before the commission Is earned, Additional Terms: In the event seller _& buyer awe to cancel any signed contract for sale of sub eat property , for any +_ reason there Will po real estate nommis ton. This a raoment rertains to the safe to Inds �n River Ca on1 n. Authorized Broker or Associate CA-? ROV 0414 8O&W. 045140.500141.9180909 2-23-18 Date�� / c Date Date 4014 Ftodda Realtorso 215 INDIAN RIVER COUNTY FLORIDA F6 BOARD MEMORANDUM • • >, ► e ► • e TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Natural Resources Manager SUBJECT: Work Order No. 3 Environmental Science Associates Jungle Trail Shoreline Stabilization Project DATE: March 22, 2018 BACKGROUND Jungle Trail Road is an unpaved roadway along the eastern shoreline of the Indian River Lagoon that is maintained by Indian River County. Recently, staff observed that portions of a roadway are within 5 feet of the Atlantic Intracoastal Waterway and is in need of stabilization to protect the roadway from additional erosion. The destabilization of the roadway is largely attributable to impacts from vessel wakes using the adjacent waterway. Similar erosion along the shoreline of Jungle Trail Road occurred in the early 2000s that necessitated the construction of a roadway stabilization project in 2006. DESCRIPTION AND CONDITIONS On October 10, 2017, the Board approved a contract with Environmental Science Associates (ESA) for professional continuing environmental and biological support services for engineering projects for a two year term, through October 10, 2019. ESA is the selected consultant for professional environmental engineering services related to the Jungle Trail Shoreline Stabilization Project. The proposed Work Order No. 3 provides professional environmental engineering services to design and permit a stabilization project along approximately 500 linear feet of Jungle Trail Road. Specifically, the project area is located immediately south and adjacent to the 2006 stabilization project near the Sea Oaks Development and channel marker 89. Work Order No. 3 includes five (5) separate tasks for a lump sum amount of $53,228. ESA Work Order No. 3 216 C:\Users\legistar\AppDaia\Local\Temp\BCL Technologies\easyPDF 8\@BCL@240EF4C2\@BCL@240EF4C2.docx Consent Agenda 4-3-18 Page 2 Staff is also requesting authorization for the purchase of 30 type K temporary median barriers (Jersey Barriers) in order to immediately stabilize, on a temporary basis, heavily eroded sections of the roadway while the large scale project can be fully designed and permitted. Temporary stabilization is authorized under FDEP Emergency Final Order — OGC No. 17-0989 (Hurricane Irma 2017). Based on previous quotes, Jersey Barriers are $500 each. As such, staff is requesting up to $15,000 for the purchase of 30 Jersey Barriers. FUNDING Funding, in the amount of $53,228 for ESA Work Order No. 3 and $15,000 for 30 Jersey Barriers, is budgeted and available from Secondary Roads/Road Stabilization/Jungle Trail Shoreline Account No. 10921441-053360-18022. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 3 to the contract with Environmental Science Associates and authorize the Chairman to sign on behalf of the County. ATTACHMENT Environmental Science Associates Work Order No. 3 Project Location Map APPROVED AGENDA ITEM FOR: APRIL 3, 2018 217 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@240EF4C2\@BCL@240EF4C2.docx WORK ORDER NUMBER 3 PROJECT NAME: Jungle Trail Shoreline Stabilization This Work Order Number _3_ is entered into as of this day of pursuant to that certain Continuing Contract Agreement for Environmental and Biological Support Services, dated October 10th, 2017, (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Environmental Science Associates , ("Consultant"). The COUNTY has selected the Consultant to perform the Environmental and Biological Support Services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The Environmental and Biological Support Services will be performed by the Consultant for a Lump Sum fee of $ 53,228. The Consultant will perform the Environmental and Biological Support Services within the timeframe more particularly set forth in Exhibit A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: Environmental Science Associates By: Title: Program Manager BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 218 EXHIBIT A Scope of Services Jungle Trail Shoreline Stabilization for Indian River County RFQ 2017053 — Continuing Contract Agreement for Environmental and Biological Support Services March 22, 2018 Background In 2006, Indian River County repaired approximately 95o feet of shoreline along the right-of- way of Jungle Trail immediately north of Sea Oaks Boulevard. This repaired section has performed well, but Soo linear feet south of Sea Oaks Boulevard is now in need of repair. The shoreline has been impacted by Hurricanes Matthew and Irma and also boat wakes from the nearby Intracoastal Waterway. The County would like to implement a similar stabilization project along the newly impacted Jungle Trail roadway. SCOPE -OF -WORK Task:L - Data Collection & Coordination ESA staff will continue to work with the County to acquire historical data including topographic & bathymetric survey data (or LiDAR), water quality data, aerials, oyster and seagrass maps. ESA staff will conduct a submerged aquatic vegetation (SAV) survey and document the species and condition of the seagrass and shoreline vegetation. ESA proposes to use Morgan & Eklund to collect topographic and limited bathymetric survey data in the immediate project area. M&E will prepare a topographic survey that meets the Minimum Technical Standards as set forth in Chapter 61G17-6, Florida Administrative Code pursuant to Section 472.027 Florida Statutes. M&E will establish a minimum of z site benchmarks and reference their location upon the prepared drawing. The horizontal datum (coordinates) will be referenced to the Florida State Plane Coordinate System, East Zone, North American Datum of 1983/90 (NAD 83/90). The vertical datum (elevations) will be referenced to the North American Vertical Datum of 1988 (NAVD 88) and will be tied to published horizontal and vertical control points throughout the project area. The consultant will.obtain topographic and limited bathymetric survey data (to wading depth) at 50 foot transects along the east shoreline of the Indian River south of Sea Oaks Boulevard as depicted on Figure 1 (see attached). The locations and elevations of any significant shoreline features will be collected using.Real-Time Kinematic GPS or electronic total station. The existing top and toe elevations as well as grade break features will be delineated as well as locating the mean high water line throughout the project area. The limited bathymetric survey will detail the rock placed at the toe of slope of the living shoreline, and extend 25-5o feet waterward to wading depth. M&E will locate large (>8" dbh) native trees or tree drip -edge for tightly packed tree 219 groupings. M&E will prepare and deliver 3 hard copies and 1 electronic output file of the survey for our use. The output of the electronic file is to be prepared for AutoCAD Version 2016 *.dwg file or newer. A comma delineated ASCII file of the coordinates identifying Point #, Northing, Easting, Elevation, Description should accompany the CAD file. The plan view drawings showing easements, elevations and contours over an aerial background. Cross-sections will be created indicating existing grade and existing structures. Deliverables: Project database files and figures (AutoCAD Civil 3D, xml, GIS, PDF) will be provided to the County Task i — Pre -Application Meeting(s) While data collection is underway, ESA and County staff will schedule pre -application meetings with the U.S. Army Corps of Engineers (USACE) and the Florida Department of Environmental Protection (FDEP) Central District to discuss the regulatory requirements for permitting and constructing project elements. ESA staff will prepare figures, drawings and/or PowerPoint presentations and schedule conference calls with the regulatory agencies for the pre - application meeting(s). The proposed approach is to discuss completing this work under the Hurricane Irma Emergency Final Order OGC No:17-0989, which would potentially help to fast- track the project. ESA will also investigate whetherthe original permits could be modified to include the south reach repairs. Deliverables: Project planning documents and meeting minutes. Task 3 — Shoreline Stabilization Design & Engineering Following the data collection efforts, the project design and engineering tasks will be completed. The survey data collected in Task 1 will be used to develop shoreline stabilization design alternatives. ESA will perform engineering calculations in accordance with the Coastal Engineering Manual (CEM)/Shore Protection Manual (SPM) to determine proper rock size, revetment configuration and layer. structure. Florida Department of Transportation Standards and County Roadway Specifications will be used to rebuild the roadway shoulder. Volume calculations will be performed to determine quantities for permitting and bidding purposes. A planting plan will be developed, identifying the species, elevations and spacing of proposed vegetation. A meeting will be held with the County and project stakeholders to discuss the options and select the preferred design alternative. Drawings will be prepared showing the survey data and proposed stabilization in plan and cross section view that indicate existing and proposed grades; existing and proposed structures; and existing structures to be rehabilitated. All drawings will be to scale and details pertaining to shoreline stabilization construction will be provided. Staging areas and access points will be delineated on the drawings. These drawings and calculations will provide the basis for the engineer's cost estimate. Two (i) draft copies of the plan set (standard 24" x 36" size) and a digital file will be provided for review. This scope is based on one (1) round of comments the County. 220 Task 4 — Permit Application ESA shall investigate whether the original permit can be modified; or if this project would be exempt under the EFO. If these isn't feasible, then ESA will prepare a State-wide Environmental Resource Permit (SWERP) application and submit a draft copy for County to review. The permit application will also include supporting documents including signed and sealed design plans, signed and sealed topographic & bathymetric survey and permit figures. Upon approval, ESA will require signatures from the County as owner and applicant. ESA will submit the permit electronically to the Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers (USAGE). ESA will provide payment of the permit fees through the electronic system to the FDEP at the time of permit application submittal with reimbursement by the County. ESA has prepared for one round of requests for additional information (RAI) from the regulatory agencies. If additional RAls are issued, ESA will discuss the level of effort required to respond to the agencies with the County. Task 5 — Final Design, Specifications & Bidding Documents Final Design Plans and Specifications will be prepared including conditions from the FDEP and USACE.permits. Final Design Plans will be 24"x36" in size, include detail drawings and will serve as the basis for the contract drawings in the final package sent to prospective bidders, by the County. Drawings will include the bathymetric and topographic survey, contour charts, cross- sections, project staging areas and the construction access corridor(s). ESA shall prepare technical specifications to support the final plan set including geotextile material performance criteria, rock density and placement requirements. Submittals will be provided to the County for review and comment. ESA shall revise any changes promptly and shall furnish the final drawings copies suitable for distribution to prospective bidders. ESA will coordinate with the County with the development of the Contract Documents and make a recommendation of award. Final cost estimates will be provided as well as a bid form, which will include a detailed estimate of the quantities and work to be performed. Components of the Contract Documents that will be provided include the following: • Construction Plan Set • Technical Specifications • Appendix Information (Permits, aerial photography, and any other relevant information). The County will coordinate the bid advertisement with ESA to determine an appropriate date for a Pre -Bid Meeting. ESA will prepare for and attend the meeting, and answer prospective Contractor inquiries ortranscribe Contractor inquiries for subsequent research and respond to all meeting attendees as appropriate. During the bidding period, ESA shall communicate frequently with County staff regarding receipt of prospective Contractor written inquiries seeking interpretation of the Contract Documents. Should ESA and the County receive such information within the stipulated time in advance of the 221 advertised bid opening date, we will assist the County with preparation of bid addenda as appropriate by providing technical response to items. Such items include changes that may be warranted to the contract drawings, technical and supplemental general conditions or other construction -related issues as appropriate. , Budget Estimate Task 1: Data Collection & Coordination ............................................. $ 9,309.00 Task 2: Permit Coordination............................................................... $ 5,770.00 Task 3: Shoreline Stabilization Design & Engineering ..................... $15,565.00 Task 4: Permit Application................:.............................................. $ 8,96o.00 Task 5: Final Design Specifications & Bidding Documents $13,524 oo TOTAL: .......................................................................................... $ 53,228.00 ASSUMPTIONS: • If the field work occurs outside seagrass growing season, the SAV reconnaissance survey will be conducted on a presence/absence basis, re -survey may be required by regulatory agencies during the growing season. • Permit fees will be reimbursed as pass through expenses, .cost to be determined during pre -application meetings with the agencies. 222 W N i - i co�W , V NMM � Zk o (n Li Z V~ woa p Q p` CO �N INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM James D. Gray, Jr. Natural Resources Manager SUBJECT: Work Order No. 2018006-2, Aptim Environmental & Infrastructure, Inc. Sector 3 Beach and Dune Renourishment — Design and Permitting DATE: March 21, 2018 DESCRIPTION AND CONDITIONS On January 9, 2018, the Board approved a contract with Aptim Environmental & Infrastructure, Inc. (Aptim) for professional coastal engineering and biological support services related to the management and renourishment of the Sector 3 (Wabasso Beach) beach project area. The Sector 3 project area is a 6.6 mile section of shoreline that extends from the Seaview Subdivision south to the Turtle Trail beach park. The Sector 3 project area sustained damage from Hurricane Matthew (2016) and Hurricane Irma (2017) and is in need of a large scale beach and dune nourishment project to maintain protection to upland properties and infrastructure. The County has received a fully signed Federal Emergency Management Agency (FEMA) Project Worksheet (No. IRGAG01— Hurricane Matthew, FEMA 4283 -DR -FL) and is currently developing a Project Worksheet with FEMA in order to replace Hurricane Irma associated storm losses within the project area. The proposed Work Order No. 2018006-2 includes eight (8) separate tasks pertaining to the design and permitting of the Sector 3 Beach and Dune Renourishment Project. Work Order No. 2018006-2 is for a lump sum amount of $258,489. Work orders related to preconstruction monitoring, bidding, and construction phase services will be addressed through subsequent work orders. 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 Sector 3 Beach Renouishment Project in the Beach Restoration Fund, Other Professional Services — Hurricane Matthew — Sector 3, Account No.12814472-066514-17001. 224 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7CODOA05\@BCL@7CODOA05.docx Work Order No. 2018006-2 — Aptim Consent Agenda 4-3-18 Page 2 With the issuance of FEMA Project Worksheet (No. IRGAG01— Hurricane Matthew, FEMA 4283 - DR -FL), project related design, permitting, and construction expenses are eligible for up to 87.5% in Federal and State cost share. FEMA funds are currently in que to be obligated. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 2018006-2 to the contract with Aptim Environmental & Infrastructure, Inc. and authorize the. Chairman to sign on behalf of the County. ATTACHMENT Aptim Environmental & Infrastructure, Inc. Work Order No. 2018006-2 APPROVED AGENDA ITEM FOR: APRIL 3, 2018 225 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7CODOA05\@BCL@7CODOA05.docx WORK ORDER NUMBER 2018006-2 SECTOR 3 (WABASSO BEACH) BEACH AND DUNE RESTORATION PROJECT DESIGN AND PERMITTING SERVICES This Work Order Number 2018006-2 is entered into as of this day of 2018 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project entered into as January 9, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT Aptim Environmental & Infrastructure, Inc. Thomas P. Pierro, P.E., D.CE Title: Director of Operations Date: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 226 Exhibit 1 )>I�s APTIM March 14, 2018 (revised from March 8, 2018) Mr. James Gray Indian River County Public Works - Coastal Engineering Division 180127th St, Building A Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #2 Design and Permitting Dearlames: Aptim Environmental & Infrastructure, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, Inc. (APTIM) to provide professional services to Indian River County (the County) in support of design and permitting efforts for the Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project. The initial Sector 3 project was completed in three phases between 2010 and 2012, and authorized under FDEP Joint Coastal Permit No. 0285993 -001 -JC. Following damages due to Hurricane Sandy .in 2012, a dune repair project was constructed in the winter of 2014/15, authorized under Modification 008 -JN of the original permit. Authorization for construction activity under the original permit has since expired. The Sector 3 shoreline has recently experienced significant erosion of the beach berm and dune, most notably from impacts of Hurricane Matthew in October 2016 and Hurricane Irma in September 2017. As directed from the most recent update of the County's Beach Preservation Plan (2015), the Sector 3 shoreline is to, be managed with the "beach fill" strategy. As such, there is a need for renourishment of the Sector 3 shoreline to maintain protection to upland properties and infrastructure. This proposal outlines a scope of work to support the County in developing a beach renourishment project in Sector 3. The work is broken up into eight separate Tasks. Each cost was developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services for the Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project (RFQ#2018006). Task 1: Preliminary Project Design and Feasibility Report Task 2: Pre -Application Meetings and Coordination Task 3: Supplemental Environmental Assessment Task 4: Permit Applications Task 5: Response to RAI Task 6: Construction Plans and Specifications Task 7: Geotechnical Evaluation and Compatibility Analysis Task 8: Multibeam Bathymetric Survey of South Borrow Area Each Task is described on the following pages... Proj. #631235714 227 ,.APTIM Task 1: Preliminary Project Design and Feasibility Report Task 1: Scope of Work March 14, 2018 Page 2 of 10 As the basis for the initial design and permitting effort, APTIM will utilize the most recent beach. survey data.. collected by the County's surveyor (winter 2018 survey). Shoreline and volume changes will be updated to evaluate trends and hot spots of the existing beach conditions. Fill templates previously utilized for the initial Sector 3 project and the dune repair project will be evaluated to investigate their appropriateness for the proposed renourishment project. Development of the alongshore distribution of the fill will consider previous project performance and recently observed shoreline and volume change trends and hot spots. The -proposed design will have a specific focus on minimizing the potential for adverse impacts to the hardbottom resources nearshore of the project ("no -impact design"). A cross -shore equilibrium profile analysis of the recommended design will be conducted to evaluate the potential for hardbottom impacts. Sand sources, both offshore and.upland, will be preliminarily evaluated to be utilized for fill material. These sources will be evaluated based on beach compatibility and cost. The sand source evaluation will be included as an Appendix, and summarized in the main text. The recommended design, required -fill volume, and proposed sand sources will be used to estimate construction costs and timeline. Recommendations to move forward with the project, as designed, will be included in the report. Task 1: Deliverable APTIM will provide the County an electronic version of the draft Feasibility Report for the County's review and comments. Once finalized, APTIM will provide the County one hardcopy and one electronic version of the final feasibility report. The final version will be included as an attachment in the State and Federal permit applications. Task 1: Schedule This task will begin upon approval from the County to proceed with this work order. It is anticipated that 75 days will be required to complete the analysis and compose a feasibility report documenting the findings. At such time, a draft report will be provided to the County for its review and comments. Once the comments are returned to APTIM, the final report addressing the comments will be submitted to the County within 15 days. Task 1: Cost The lump sum cost for this task is $38,979.00. Task 2: Pre -Application Meetings and Coordination Task 2: Scope of Work We will request, prepare for, and lead two separate pre -application meetings with regulatory staff of 1) the Florida Department of Environmental Protection (FDEP) and 2) US Army Corps of Engineers (USACE) and Federal Sector 3 — 2018006 — W0#2: Design and Permitting Proj. #631235714 228 APTIM March 14, 2018 0 Page 3 of 10 commenting agencies (USFWS, NOAA-NMFS). This meeting will be conducted via teleconference. In general, the purpose of the meetings will be to describe the proposed project and determine the agencies' requirements for the pending permit application. Available information will be presented to the agencies to determine the sufficiency of the information for permit file development. We will arrange, prepare for, and lead a public outreach meeting with County staff and project stakeholders to describe the general scope of the Sector 3 project and answer questions. The County will assist with identifying a local meeting venue and notifying project stakeholders. Task 2: Deliverable APTIM will request, prepare for, and lead two separate pre -application meetings. Following the meeting, APTIM will compose minutes documenting the discussions and distribute the minutes to the County and the permitting agencies. APTIM will arrange, prepare for, and lead a public outreach meeting with County staff and project stakeholders. Following the meeting, APTIM will compose minutes documenting the discussions and distribute the minutes to the County and stakeholders. Task 2: Schedule The pre -application meetings will be held upon completion of the draft version of the Feasibility Report. APTIM will provide a draft of the meeting minutes to all participants within 7 days of each meeting. The public outreach meeting will be held upon completion of the final version of the Feasibility Report. APTIM will provide a draft of the meeting minutes to all participants within 7 days of the meeting. Task 2: Cost The lump sum cost for this task is $15,650.00. Task 3: Supplemental Environmental Assessment Task 3: Scope of Work The National Environmental Policy Act (NEPA) requires federal agencies to consider environmental impacts during their decision-making process for major federal actions. An Environmental Assessment (EA) was prepared for the initial Sector 3 project (Dial Cordy 7 Coastal Tech, 2009). NEPA regulations encourage a tiered approach to avoid repetition of issues and to focus on the actual issues apt for decision at each level of environmental review. Therefore, APTIM will tier off the existing EA to include any updates to the project design, updated physical conditions of the project area, natural resources present, wildlife survey data, ESA listed species that utilize the project area, sediment characteristics of offshore and upland sand sources; and pertinent data collected since the completion of the original EA. Red Knots will be included, as they were not yet a listed species at the time of the original EA development. The EA will include a description of the proposed action and alternatives, affected Sector 3 — 2018006 — WO#2: Design and Permitting Proj. #631235714 229 A,,,APTIM March 14, 2018 Page 4 of 10 environments, and environmental consequences. if necessary, the EA will also consider and evaluate measures to mitigate for potential impacts to natural resources. Task 3: Deliverable APTIM will provide the County an electronic version of the draft Supplemental EA for the County's review and comments. Once finalized, APTIM will provide the County with an electronic version of the final Supplemental EA. The final version will be submitted as part of the State and Federal permit applications. Task 3: Schedule It is anticipated that 75 days will be required to complete the analysis and compose the Supplemental EA. At such time, a draft report will be provided to the County for its review and comments. Once the comments are returned to APTIM, the final report addressing the comments will be submitted to the County within 15 days. Task 3: Cost The lump sum cost for this task is $19,337.00. Task 4: Permit Applications Task 4: Scope of Work APTIM will act as the agent for the County throughout the permit application process for the proposed project. In general, we will represent the County before regulatory agency staff with the goal of obtaining permits for the project. This may include compiling, clarifying, and providing information as requested, as well as negotiating permit conditions that are acceptable to the regulatory agencies and the County. To satisfy State permitting, we will develop and submit a Joint Coastal Permit (JCP) application to the State permitting agency (FDEP). To satisfy Federal permitting, we will develop and submit an ENG Form 4345 to the Federal permitting agency (USACE) and Federal commenting agencies (USFWS, NOAA-NMFS). We will fill out the application forms and submit it to the County for original signature. We will provide responses to all of the questions included in the permit application, except as noted below, where we will coordinate the response with the County. We will develop signed and sealed permit sketches for the beach fill based on the design fill template and the most recent physical conditions. To support the permit application, we will incorporate topographic and bathymetric surveys based on the most recent physical monitoring being performed independently by the County's contracted surveyor. We will incorporate the most recent aerial photography, as well as the most recent landward edge of hardbottom mapped alongthe project area. Collection of aerial photography and/or delineation of aerials to map the hardbottom edge are not included in this scope of work. Collection of aerial .photography took place in July 2017, and is planned to take place in 2018 as part of the annual physical monitoring of the previous Sector 3 project. Sector 3 — 2018006 — WO#2: Design and Permitting Proj.#631235714 230 ,AA P T I M March 14, 2018 ,Page 5 of 10 We will develop a draft construction schedule for the County's review. We will develop Biological, Physical, and Turbidity Monitoring Plans as necessary. We will compile and submit required information related to proposed upland and offshore sand sources for the project. We will develop a Sediment QA/QC plan for upland and offshore sand sources as necessary. We will work with FDEP to help develop the requirement for sufficient information to consider an upland sand mine as a potential source for the project. We will also work with FDEP to help develop minimum geotechnical standards to identify acceptable material from the upland sources. We will coordinate directly with FDEP and the upland sand mines as needed. We will work with FDEP regarding utilizing previous data and analysis of the offshore borrow areas of the County to be acceptable in assisting with the design and permitting of an offshore. borrow area for this project. We will work with FDEP to help develop what additional data or analysis, if any, may be required to move forward with an offshore borrow area as a sand source for this project. If additional field work is required by FDEP for development of an offshore borrow area, then the associated field work, analysis, and coordination will be conducted under a separate work order. We will coordinate with the County and Ecological Associates to incorporate sea turtle nesting data and any wildlife surveys conducted on site. We will coordinate with FDEP regarding artificial reef mitigation planning. We will work to resolve possible mitigation requirements for the previous Sector 3 project. We will work with FDEP to develop an acceptable Mitigation Plan forthe upcoming project, which may include a Contingency Mitigation Plan similarto the previous project. We will coordinate with USFWS regarding this project being covered by the Statewide Programmatic Biological Opinion (SPBO). Separate consultation on piping plovers and red knots may be required. It is anticipated that consultation with National Marine Fisheries Service (NMFS) will be required in order to determine appropriate reasonable and prudent measures, terms and conditions and conservation measures for sea turtles, smalltooth sawfish, loggerhead critical habitat and listed coral species. We will coordinate with the County regardingthe sovereign submerged lands portion of the application (questions 10 through 12). The County will be responsible for responding to this section, including demonstrating that the applicant has sufficient control and interest in the riparian upland property, developing a list of names and addresses of owners of all riparian property within 500 feet, and a legal property description and acreage of any sovereign submerged land that would be encompassed by the requested lease or easement. We will follow guidance provided by the FDEP and USACE with respect to the filing convention and submittal requirements. We will coordinate with the FDEP and USACE ahead of submittal when and where possible to avoid Requests for Additional Information (RAI). We will follow-up with the FDEP and USACE to ensure receipt and distribution of the applications. Sector 3 — 2018006 — WO#2: Design and Permitting Proj. #631235714 231 APTIM March 14, 2018 Page 6 of 10 We will coordinate with the agencies and the County regarding posting the public notice with the local newspaper(s) and will address the agencies' publication requirements. Task 4: Deliverable APTIM will provide the County an electronic version of the draft applications for the County's review and comments. Once finalized, APTIM will submit the applications and associated attachments electronically to the FDEP and USACE FTP websites. We will also submit an electronic copy to the County for their records. The coordination efforts as part of this Task will likely be informal and conducted via phone calls and emails. The County will be notified and/or copied on emails regarding pertinent correspondence for this project. Task 4: Schedule It is estimated that 120 days will be required to complete the permit application and develop the necessary documentation once the Feasibility Report is finalized (Task 1) and the pre -application meetings are held (Task 2). Task 4: Cost The lump sum cost for this task is $61,926.00. Task 5: Response to RAI Task 5: Scope of Work The FDEP has 90 days to review the application and either issue a Notice of Intent to issue the permit or issue a Request for Additional Information (RAI). FDEP RAI's may also include comments from the Florida Fish and Wildlife Conservation Commission, other State agencies and the general public. The USACE does not have a timeline requiring their response but may also submit a request for additional information. USACE RAI's may also include questions from USFWS,.NOAA-NMFS, other Federal agencies and the general public. We will attempt to consolidate the agencies RAI's into a single response. We will coordinate with the County on the extent of the response and what the implication may be to the permitting process and construction. We will draft a response and submit this to the County for review prior to submittal to the agencies. It is expected that one teleconference meeting with FDEP and separately with USACE will be required. Task 5: Deliverable APTIM will provide the County an electronic version of the draft RAI's response for the County's review and comments. Once finalized, we will submit the response electronically to the regulatory agencies, with the County copied. If necessary, APTIM will prepare for, attend and lead a meeting regarding the RAI response with. FDEP and separately with USACE. APTIM will provide a draft of the meeting minutes to all participants. Sector 3 — 2018006 — W0#2; Design and Permitting Proj. #631235714 232 AoAPTIM Task 5: Schedule March 14, 2018 Page 7 of 10 The schedule for the response to the RAI's and for the meeting is dependent on the extent of the questions. We will attempt to respond to the questions within 60 days of receipt of the RAI's. We will inform the County if we are unable to meet this schedule due to the extent of response required orthe availability of meeting participants. Task 5: Cost The lump sum cost for this task is $33,512.00. We will coordinate with the County upon receipt of the RAI's and determine whether the cost included herein is representative of the extent of work required to develop the response. Task 6: Construction Plans and Specifications Task 6: Scope of Work APTIM will develop construction plans and technical specifications that will provide the necessary details to the Contractorto construct the project, establish payment criteria, and adhere to the permit conditions. It is assumed that the County will provide front-end documents, including general conditions, and provide the overall format of the contract documents such that the technical specifications can be incorporated without duplication or conflict in terms and conditions. Task 6: Deliverable APTIM will provide the County an electronic version of the draft plans and specifications for the County's review and comments. Once finalized, we will submit one hardcopy of the construction plans (11"X17") and technical specifications (8.5"x11") to the County. We will also submit an electronic copy of the final version of the construction plans and technical specifications to the County. Task 6: Schedule The draft deliverable for the work rwill be submitted within 30 days of obtainments of permits or upon request by the County to begin. Once the County's comments are returned to APTIM, the finalized documents addressing the comments will be submitted within 14 days. Task 6: Cost The lump sum cost for this task is $26,943.00. Continued on next page... Sector 3 — 2018006 — WO#2: Design and Permitting Proj. #631235714 233 APTIM March 14, 201$ Page 8 of 10 ,O�, Task 7: Geotechnical Evaluation and Compatibility Analysis Task 7: Scope of Work APTIM will develop a study to investigate potential fill sources to determine their compatibility with the native sand of Sector 3. Sand sources, both offshore and upland, will be preliminarily evaluated to be utilized for fill material. Sediment characteristics that will be analyzed include grain size distribution, carbonate content, and color. Native sand of Sector 3 will be represented by geotechnical data obtained from previous studies in the County. It is assumed that no additional sampling will be required; thus,.this proposal does not include native beach sampling as part of the scope. A composite grain size curve of the Sector 3 native sand will be developed to compare to potential fill sources. Offshore sand sources will be preliminarily designed and evaluated by utilizing existing data from previous offshore sand source investigations (ATM, 2001), including core logs and granularmetric data. The offshore evaluation will focus on the South Borrow Area, as it has been previously permitted and successfully used in the County. If additional field work of the offshore borrow area is required by FDEP, then the associated field work, analysis, design, and coordination will be conducted under a separate work order. Offshore areas will be evaluated in terms of available sand, proximity to the Sector 3 shoreline, and compatibility with the Sector 3 native beach sand in terms of grain size distribution, carbonate content, and color. If sufficient data exists, composite grain size curves and statistics will be developed to represent offshore borrow areas. These curves and composite statistics will be used to evaluate the compatibility with the native sand of Sector 3. Evaluation of upland sand sources will include those previously utilized for construction on the County's beaches, have geotechnical data of recent representative samples of the proposed fill material, actively produce sand (or can easily reestablish producing sand), have sufficient quantities available, have sufficient stockpiling area, provide operational information, and are compatible with the Sector 3 native beach sand in terms of grain size distribution, carbonate content, and color. If sufficient data exists, composite grain size curves will be developed to represent potential upland sources. These curves and composite statistics will be used to evaluate the compatibility with the native sand of Sector 3. Recommendations will be provided to move forward with upland and/or offshore sand sources as fill material for the Sector 3 project. If required, steps will be identified to further investigate possible upland or offshore sources. Task 7: Deliverable A summary of the work described above will be included as an Appendix in the Feasibility Report (Task 1), unless the offshore bathymetric survey collection (Task 8) dictates this to be submitted later under separate cover. Task 7: Schedule APTIM will provide the deliverable with the Feasibility Report (Task 1). Task 7: Cost The lump sum cost for this task is $22,752.00. Sector 3 — 2018006 — WO#2: Design and Permitting Proj. #631235714 234 APTIM March 14, 2018 Page 9 of 10 Task 8: Multibeam Bathymetric Survey of South Borrow Area Task 8: Scope of Work A multibeam bathymetry survey will be collected for Indian River County's South Borrow Area — Sub Area 1, 2, and 3. Approximately 35 linear miles of data will be collected to achieve a detailed bathymetric surface to assist with volumetric calculations to determine the amount for resources remaining within the borrow area. Additional data will be collected to account for holidays within shallower portions of the Borrow Area. All work will be conducted under the direct supervision of a Florida registered Professional Surveyor and Mapper as well as a Certified Hydrographer. The survey and all deliverables will adhere to Chapter 472 of the Florida Statutes (FS) as well as the Standards of Practice set forth in 5.1-17 of the Florida Administrative Code (FAC) Prior to the start of the survey, reconnaissance of published National Geodetic Survey (NGS) monuments will be conducted to confirm that the survey control is accurate and undisturbed. The survey will be controlled using 2nd order monuments or greater in order to achieve required accuracy. Horizontal and vertical positioning checks will be conducted at the beginning and end of each hydrographic survey day using 2"d order monuments located in the project area. All data will be collected in feet relative to the North American Datum of 1983(2011) and the North American Vertical Datum of 1988 (Geoidl2a) The survey will be collected onboard APTIM's 24' survey vessel using a Teledyne Reson 7125 SV2 Multibeam Echosounder. Vessel navigation, horizontal positioning, and water level corrections will be provided by RTK GLASS relative to NGS published monuments located during the reconnaissance survey. An Applanix POS MV WaveMaster will be used to correct for vessel attitude (heave, pitch, and roll) and heading. The Applanix POS MV works by combining GNSS angular rate and acceleration data from an inertial measurement unit (IMU) and heading from GNSS Azimuth Measurement System (GAMS) to produce a precise inertial position solution. All altitude and position data will be logged for post processing using Applanix POSpac Mobile Mapping Suite (if necessary). GAMS calibration and a multibeam patch test must be performed prior to the start of multibeam data collection to account for system misalignments relative to the vessel's reference frame. Sounding data will be acquired using Hypack 2017a Hysweep software and processed with Hypack's MBMAX64 utility. Task 8: Deliverable A certified hydrographic survey map, signed and sealed by a Florida Registered Professional Surveyor and Mapper, will be provided. Survey maps will include a full color digital elevation model (DEM) created from reduced soundings at 1m resolution or greater. Full resolution ASCII XYZ files of all soundings collected will be provided as well as gridded (reduced) soundings used to create the DEM. Task 8: Schedule Field work is anticipated to take .up to 7 days with deliverables provided within 30 days of completion of field work. Task 8: Cost The lump sum cost for this task is $39,390.00. Sector 3 — 2018006 — WO#2: Design and Permitting Proj. #631235714 235 c ,oAPTIM Summary of Cost $ 38,979.00 Task 1: Preliminary Project Design and Feasibility Report $ 15,650.00 Task 2: Pre -Application Meetings and Coordination $ 19,337.00 Task 3:.Supplemental Environmental Assessment $ 61,926.00 Task 4: Permit Applications $ 33,512.00 Task 5: Response to RAI $ 26,943.00 Task 6: Construction Plans and Specifications $ 22,752.00 Task 7: Geotechnical Evaluation and Compatibility Analysis $ 39,390.00 Task 8: Multibeam Bathymetric Survey of South Borrow Area March 14, 2018 Page 10 of 10 $258,489.00 Total lump sum cost to perform the proposed work for Sector 3 — 2018006 — Work Order #2 APTIM will proceed with developing the project design and permitting of the project upon receipt of a work order from Indian River County. It is noted that many aspects of the project permitting are dependent upon agency review and outside the control of APTIM and the County. As such, the schedule described herein is provided as a guideline. APTIM will strive to maintain the schedule and costs as reasonably as can be expected. We will coordinate with the County if deviations from the schedule or costs arise due to unforeseen issues or circumstances. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide successful professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, William Reilly, P.E. Senior Coastal Engineer Aptim Environmental & Infrastructure, Inc. Enclosure cc: Thomas Pierro, P.E., D.CE, APTIM Stacy Buck, APTIM Debbie Neese, APTIM / Sector 3 — 2018006 — WO#2: Design and Permitting Approved for use s v email dated 3/8/1018 Approved revisions via phone 3/14/2018 Authorized Corporate Signature Thomas P. Pierro, P.E., D.CE Printed Name Director of Operations Title Proj. 4631235714 236 EXHIBIT 2 SPM REVISION: 63 2 2018. REV 18.1 j PROJECT NUMBER: 611235714 � 'v5 .a APTIM t3 Sector 3 - 2018006 Work .Order #2 Design and Permitting Indian River County, FL Summary of Cost by Task Task Number Task Name Labor Sub- Equipment Materials Mobilization/ Totals Contractors Travel Task 1 Preliminary Project Design and $ 38 979.00 $ $ $ $ $ 38,979.00 Feasibility Report Task 2 Pre -Application Meetings and $ 15,650.00 $ $ $ $ $ 15,650.00 Coordination Task 3 Supplemental Environmental $ 19,337.00 $ $ $ $ E 19,337.00 Assessment Task Permit Applications $ 61,926.00 $ $ $ $ $ 61,926.00 Task 5 Response to RAI $ 33,512.00 $ $ $ $ $ 33,512.00 Task 6 Construction Pians and $ 26,943.00 $ $ $ $ $ 26,943.00 Specifications Task 7 Geotechnical Evaluation and $ 22,752.00 $ - $ $ $ $ 22,762.00 Compatibility Analysis Task 8 Multibeam Sathymetdc Survey of $ 27.052.00 $ - $ 9,842.00 $ 2,496.00 $ 39,390.00 South Borrow Area$ Totals = $ 246,151.00 $ $ 9,842.00 $ $ 2,496.00 $ 258,489.00 Submitted By: William Reilly Submitted To: Indian River County, FL Submission Date: 3/14/2018 237 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James D. Gray, Jr. Natural Resources Manager SUBJECT: Approval of Agreement— Aptim Environmental & Infrastructure, Inc. for Engineering and Biological Support Services for Sector 5 (Vero Beach) Beach and Dune Renourishment Project. RFQ# 2018029 DATE: March 21, 2018 DESCRIPTION AND CONDITIONS On March 6, 2018, the Board of County Commissioners approved the selection of APTIM Environmental & Infrastructure, Inc. (APTIM) for the Engineering and Biological Support Services for Sector 5 (City of Vero Beach) Beach and Dune Renourishment Project. RFQ #2008029. This contract is anticipated to run until all elements of the project are completed, including but not limited to, design, permitting, construction, and post construction monitoring. County staff has negotiated standard fee schedules and the "master" agreement with APTIM. The fee schedule reflects fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual project specific work orders. APTIM has accepted the "master" agreement and the submitted fee schedule has been accepted by reviewing staff. FUNDING Funds for the Sector 5 Beach Project is budgeted and available in the Beach Restoration Fund whose revenue is derived from one half of the proceeds of the levy of the Local Option Tourist Development Tax (3%). Potential accounts include: Other Professional Services — Hurricane Matthew — Sector 5, Account No. 12814472-066510-17001 and Other Professional Services — Sector 5, Account No. 12814472-033190-15021. The County has also received a fully signed FEMA Project Worksheet (No. IRGA04 — Hurricane Matthew, FEMA 4283 -DR -FL), making project related design, permitting, and construction expenses eligible for up to 87.5% in Federal and State cost share. FEMA funds are currently in que to be obligated. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D40DB021 \@BCL@D40DB02 Ldoc 238 PAGE TWO BCC Agenda item— APTIM Contract For April 3, 2018 BCC Meeting Staff has requested additional funding through the State Beach Management Funding Program (FY18/19). However, no funding for the Sector 5 Beach and Dune Restoration Project has been appropriated to date. RECOMMENDATION Staff recommends the Board approve the negotiated standard fee schedule and the "master" agreement with.APTIM and requests the Board to authorize the Chairman to execute the agreement. ATTACHMENT 1. APTIM Environmental & Infrastructure, Inc. Agreement and Fee Schedule APPROVED AGENDA ITEM FOR: APRIL 3, 2018 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D40DB021\@BCL@D40DB021.doc 239 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT for PROFESSIONAL ENGINEERING SERVICES ("Agreement"), entered into as of this day of , 2018 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 180127th Street, Vero Beach FL 32960 ("COUNTY"), and Aptim Environmental & Infrastructure, Inc., whose address is 2481 NW Boca Raton Blvd. Boca Raton FL 33431 ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY solicited Requests for Statements of Qualification # 2018029 for Professional coastal engineering and biological support services related to the management and renourishment of the Sector 5 Project area. B. As a result of its response, the County has selected Consultant to provide certain professional services relating to Engineering and Biological support services "Services" for Sector 5 (City of Vero Beach) Beach and Dune Renourishment Project ("Project") as more fully set forth in the Scope of Services attached as Exhibit A to this Agreement and made a part by reference. C. Consultant has submitted an Hourly Rate Schedule attached as Exhibit B to this Agreement and made a part by reference. D. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and E. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: GENERAL. 1.1 All professional services provided by the Consultant for the COUNTY shall be provided consistent with All professional services provided by the Consultant for the COUNTY shall be identified in Work Orders and performed in a timely, efficient, cost effective manner, and in accordance with the current professional standards of the applicable discipline. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to -exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be F \Marketing\ Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting\3-7- 18 FEMA Beach Consulting Agreement Sector 5_DRAFT.DOCX 240 paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed 'by both the COUNTY and the Consultant by which the COUNTY accepts Consultant's proposal for specific services and Consultant indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed, 1.3 Services related to any Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Work Order and Agreement, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Agreement. 1.4 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, As -built surveys, GIS maps, and other documents in the possession of the COUNTY pertinent to the Project. The Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the Consultant's attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.4 Approval by the COUNTY of any of the Consultant's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of 2 F:\Marketing\_ProposalsTIorida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting\3-7- 18 FEMA Beach Consulting Agreement Sector 5 DRAFT.DOCX 241 responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.5 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with this Agreement. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.6 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub - consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, this Agreement shall be modified in writing, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.7 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. .2.8 The COUNTY shall provide professional survey services as may be required for design, permitting, construction and monitoring of the Project. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary professional engineering consulting services to assist the COUNTY with. professional coastal engineering and biological support services for the Project area as set forth in this Agreement. 3 F:\Marketing\ Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting\3-7- 18 FEMA Beach Consulting Agreement Sector 5_DRAFT.DOCX 242 3.2 The Consultant will endeavor not to duplicate any previous work done on the Project. Before beginning work, the Consultant shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The Consultant agrees to complete the Project within the time frame specified in the Work Order. 3.4 The. Consultant will maintain an adequate staff of qualified personnel. 3.5 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.9 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 3.10 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, documents and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.11 All documents, reports, tracings, software, specifications, field books, survey notes and information, maps, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified 4 F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting\3-7- 18 FEMA Beach Consulting Agreement Sector 5 DRAF7.DOCX 243 by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.12 The. Consultant will confer with the COUNTY during the further development of improvements for which the Consultant has provided design or other services, and the Consultant will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant of the existence of such errors or omissions by the Consultant, whichever event shall first occur. 3.13 The. Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.14 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.15 All documents, including but not limited to drawings and specifications, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 4. TERM; TIME FOR COMPLETION. 4.1 The time for completion of the Project shall be defined in the Exhibits. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant the mutually agreed professional fees for Services rendered for the Project, to be paid in monthly installments or on a deliverable basis, as set forth in the Work Order based upon rates identified in Exhibit B. Duly certified invoices, in triplicate, phased as per the Exhibits, shall be submitted to the 5 F:\Marketing\ Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\.Sector 5 Vero Beach\ Contracting\3-7- 18 FEMA Beach Consulting Agreement Sector 5_DRAFT.DOCX 244 County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the Consultant by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under an existing Work Order at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. In order to remain consistent with State Beach Management Funding Assistance Program policies the County is limiting consultant mark-up of sub -consultant contracts to a 5 percent maximum and approved consultant travel rates as set forth in Chapter 112 of the Florida Statutes. F:\IVIarketing\_Proposals\FIorida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero RABeach\ Contracting\45 18 FEMA Beach Consulting Agreement Sector 5_DFT.DOCX 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.6 The Consultant's insurance companies shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.7 Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 7.8 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder; from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the Consultant with separate written notice of such adjusted limits and Consultant shall comply within thirty (30) days of receipt thereof. The failure by Consultant to provide such additional coverage shall constitute a default by Consultant and shall be grounds for termination of this Agreement by the COUNTY. 7.9 The Consultant shall indemnify and hold harmless the COUNTY; and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual 7 F:\Marketing\ Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting,\347- 18 FEMA Beach Consulting Agreement Sector 5_DRAFT.DOCX L Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work complete as estimated by the Consultant and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE; CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does 8 FWarketing\ Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting\4� 18 FEMA Beach Consulting Agreement Sector 5_DRAFT.DOCX L not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger: Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida; or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies, No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent 9 F:\Marketing\ Proposals\Florida Counties\lndian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting\347g 18 FEMA Beach Consulting Agreement Sector 5 DRAFT.DOCX L delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. The Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Richard B. Szpyrka, P.E. 1801 27th Street Vero Beach, FL 32960-3365 Email: rszpyrka D-ircgov.com. Consultant: Aptim Environmental & Infrastructure, Inc. Attn: Thomas P. Pierro, P.E. D.CE 2481 NW Boca Raton Boulevard Boca Raton, FL 33431 Email: thomas.pierro@aptim.com 10 F:\Marketing\_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting\49 18 FEMA Beach Consulting Agreement Sector 5 DRAFT.DOCX l b Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, M that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or G holidays, will be deemed received on the next day that is not a weekend day or a holiday. '= The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in j accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections.. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 11. FEDERAL PROVISIONS OWNER and CONSULTANT will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the Consultant agrees as follows: (1) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or 11 F:\Marketing\ Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contractin1N- 18 FEMA Beach Consulting Agreement Sector 5 DRAFT.DOCX LL p�'•- ____�d_—...; H.•.:.�_t _.._. _ understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled,. terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Consultant will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in .the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States. B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). In accordance with the statute, Consultants must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Consultants must be required to pay wages for covered workers not less than once a week. The County must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. C. Compliance with the Copeland "Anti -Kickback" Act. (1) Consultant. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 12 F:\Marketing\ Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach ContractingN- 18 FEMA Beach Consulting Agreement Sector 5_DRAFT.DOCX L i (2) Subcontract's. The Consultant or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant and subcontractor as provided in 29 C.F.R. § 5.1.2. D. Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). (1) Overtime requirements. No Consultant or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Consultant and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. FEMA, or the County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime Consultant, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Consultant, such sums as may be determined to be necessary to satisfy any liabilities of such Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 13 F:\Marketing\._Proposals\Flodda Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contractini\\K- 18 FEMA Beach Consulting Agreement Sector 5 DRAFT.DOCX LL E. Rights to Inventions Made Under a Contract or Agreement. If a Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. F. Clean Air Act. (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The Consultant agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Consultant agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. G. Federal Water Pollution Control Act. (1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The Consultant agrees to report each violation to the County and understands and agrees that the County will, in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Consultant agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. H. Energy. Policy and Conservation Act. The Consultant agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. I. Suspension and Debarment. (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 14 F:\Marketing\_Proposals\Florida Countiesllndian River12017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting13-7- 18 FEMA Beach Consulting Agreement Sector 5_DRAFT.DOCX 253 (2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R: pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. J. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended). Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. K. Procurement of Recycled/Recovered Materials. (1) In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. L. Access to Records. The following access to records requirements apply to this contract: (1) The Consultant agrees to provide the COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 15 F:\Marketingl_Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting\ 18 FEMA Beach Consulting Agreement Sector 5_DRAFT.D0CX 254 (2) The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Consultant agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. M. DHS Seal, Logo, and Flags. The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval.. N. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to .partially fund the Project. The Consultant will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. O. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract. P. Program Fraud and False or Fraudulent Statements or Related Acts. The Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant's actions pertaining to this contract. Q. Affirmative Steps. Consultant shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 16 FWarketingl Proposals\Florida Counties\Indian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting\3-7- 18 FEMA Beach Consulting Agreement Sector 5_DRAFT.DOCX 255 i i IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Aptim Environmental nfrastructure, Inc. By Thomas P. Pierro, PE, D.CE Director of Operations Date 3 )q Witness: By Wyt Printed Name-Trl 6e N• MCCIL 1 17 INDIAN RIVER COUNTY By its Board of County Commissioners LZ Peter D. O'Bryan, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney F:\Marketing\_Proposals\Florida Counties\lndian River\2017 Indian River County\Proposals\Sector 5 Vero Beach\ Contracting\, 56 18 FEMA Beach. Consulting Agreement Sector 5 DRAFT.DOCX L APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. STANDARD RATE SCHEDULE (Indian River County - January 1, 2018 to December 31, 2018) I. PERSONNEL CLASSIFICATION Rate Principal Engineer/Senior Project Manager ................................................:..:.. 250.00/hour Expert Witness (Testimony)..............................:...........................:................. 300.00/hour Program Manager........................................................................190.00/hour Senior Coastal Engineer/Project Manager....................................................... 165:00/hour Coastal Engineer III......................................................................................... 150.00/hour Coastal Engineer II .......................................... ................................................ 125.00 /hour Coastal Engineer I..:........................................................................................ 105.00/hour Coastal Modeler II .............. .. ............................................130.00/hour Coastal Modeler I .................... ..................................................... 110.00/hour Professional Surveyor & Mapper ......... :........................................................... 145.00/hour Hydrographer .: ..................................... :..................................... 135.00/hour Surveyor.................................................................................... 95.00/hour Survey Technician..........................:................................................................... 80.00/hour SeniorMarine Biologist........................:......................................................... 135.00/hour Marine Biologist II .... :.... :....................................... :........................................... 95.00/hour Marine Biologist I................................:....................................... 72.00/hour Professional Geologist ............ :............................... ... :................. 150.00/hour GeologistIII...............................................................................130.00/hour GeologistII......................................................................................................... 95.00/hour GeologistI ................. :......................... :.............................................................. 80.00/hour Senior CAD Operator....................................................... :.............................. 140.00/hour CADOperator ............................. :....................................... :............................ 105.00/hour GISOperator................................................................................................... 105.00/hour Boat Captain......................................................................... 80.00/hour Bookkeeper.....................................................................:.................................. 80.00/hour Clerical..........................................:.................................................................... 71.00/hour Technician................................................................................. 60.00/hour CONFIDENTIAL AND PROPRIETARY INFORMATION 257 STANDARD RATE SCHEDULE (Continued) (Indian River County - January 1, 2017 to December 31, 2017) II. EQUIPMENT Rate Truck (2WD road use).................................................................. $0.565/mile Truck (4WD beach use)...................................................................................... 110.00/day Survey Boat (28 ft. Parker).............................................................................. 1,050.00/day Survey Boat (24 ft. Privateer)............................................................................ 790.00/day SurveySea Sled ..................................... :............................................................ 310.00/day AllTerrain Vehicle................................:........................................................... 105.00/day Enclosed18" Trailer...................:......................................................................... 78.00/day TrimbleRTK GPS.............................................................................................. 495.00/day Trimble Differential GPS.................................................................................... 415.00/day Leitz Total Station w/Data Collector.................................................................. 130.00/day Hand Laser Range Finder................................................................15.00/day Range Azimuth System..........................................................I............................. 310.00/day Odom Hydrotrack Sounder.......................................................................:........ 165.00/day Heave, Pitch, Roll Compensator................................................................4....... 215.00/day Odom ES3PT Multibeam.................................... ......................600.00/day Speed of Sound Velocity Meter ......... :................................................................ 63.00/day Hypack/DredgePack Navigation System............................................................ 260.00/day Hypack/Hysweep................................................................:........260.00/day Nortek AWAC ADCP high frequency deepwater wave height, direction and current profiler .................................................................................... .......................... 5,000.00/month * Nortek Aquadopp ADCP low frequency shallow water wave height, direction and current profiler...................... :............................................................................... 2;900.00/month * Nortek Storm Software for wave and current data processing ............................. 50.00/day Primer statistical package.................................................................$200/project X -STAR CHIRP 5121 Seismic Profiling System ............................................. 1,150.00/day Seismic Profiler Thermal Printer........................................................................ 130.00/day Sonar Wizard Map Seismic Data Processing Package ....................................... 155.00/day Edgetech 4200 FS Sidescan Sonar System......................................................... 695.00/day Sonar Wizard Map Sidescan Data Processing Package ...................................... 155.00/day Geometric G-881 Magnetometer........................................................................ 215.00/day Schonstedt GA -52B Magnetic Locator................................................................. 30.00/day Jet Probe with Pump............................................................................................. 55.00/day Underwater Tide Gauge...................................................................................... 175.00/day Nikon Level/Tripod/Rod.................................:.................................................... 65.00/day PC PowerPoint Projector...................................................................................... 50.00/day Lietz Handheld Level............................................................:.............................. 10.00/day Optical Reading Compass...................................................................................... 10.00/day Garmin Handheld GPS............................................................................................ 10.00/day Turbidimeter......................................................................................38.00/day CONFIDENTIAL AND PROPRIETARY INFORMATION 258 STANDARD RATE SCHEDULE (Continued) (Indian River County - January 1, 2017 to December 31, 2017) SCUBA Tanks (Nitrox) ............... .................................................................19:00/day DigitalCamera........:....:..............................................................................:......... 10.00/day Underwater Camera........................:.................................................................... 32.00/day Underwater Camera W/Strobes............................... :........................... 75.00/day Underwater Seadrop Integrated Camera ................................................30.00/day Underwater Video Camera...................................................................................115.00/day GPS Integrated Underwater Video Camera.....4...................................................435.00/day Underwater Scooter ............................................. :....................................... :.......... 50.00/day SieveAnalysis ............................... :..................................... :.:......................... 75.00/sample Carbonate Analysis...........................................:............................................. 50.00/sample. Monuments......................................................................................................... 28.00/each SurveyDisk......................................................................................................... 15.00/each DrySuit ........................................ ............................. :......... :...........`....................... 15.00/day PonarSampler ................................. :..................................................................... 30.00/day Microscopes............:..............................................................................:.............. 20.00/day Mobile Telephone ......................... .......... .............................................................. 10.00/day Penetrometer....................................................................... ............................ 55.00/day Generator...............................::................................:................. 60.00/day * ADCP monthly cost may be pro -rated for shorter periods of use CONFIDENTIAL AND PROPRIETARY INFORMATION 259 STANDARD RATE SCHEDULE (Continued) (Indian River County - January 1, 2017 to December 31, 2017) III. SCUBA DIVING SERVICES Rate Equipment & Insurance.............................................................................. $75/diver/day ** ** Charge in addition to normal hourly rates for personnel listed on Page 1. IV. NUMERICAL MODELS Rate ADCIRC Tidal Circulation Model ................................................ $1,000/project BOUSS 2D WAVE - Wave Refraction/Diffraction Model .................... $1,000/project MIKE21- NSW Spectral Wave Transformation Model ........................ $2,000/project MIKE21- HD 2D Current Simulation Model ................................... $2,000/pr9ject MIKE21- ST 2D Sediment Transport Model .................................... $2,000/project DELFT 3D WAVE - SWAN Wave Refraction/Diffraction Model.......... $1,000/project DELFT 3D FLOW - 213 Hydrodynamic Model ................................. $2,200/project DELFT 3D MORPHO - Morphodynamic Model ............................. $3,000/project DELFT 3D WAQ — Water Quality Model ....................................... $2,000/project V. REPRODUCTIONS Rates Photocopies — Black & White 8 %" x 11" and 8 YZ" x 14".......................................................................$0.10/page 11" x 17".................................................................................................. $0.15/page HeavyBond............................................................................................. $0.30/page CoverStock.............................................................................................$0,50/page Photocopies — Color 8 Y2" x 11" and 8 Yz" x 14".......................................................................$0.50/page 11" x 17"..................................................................................................$0.75/page HeavyBond............................................................................................. $1.00/page CoverStock............................................................................................. $1.00/page CAD Plotter Copies 8 Y2" x 11" and 8 Yz" x 14"................................................6..............:....... $1.00/each 11,E x 17.. .................................................................................................. $2.00/each 24" x 36".................................................................................................. $3.00/each VI. APPROVED SUB -CONSULTANTS (management fee) ................................ 5% of cost VII. DIRECT COSTS (handling fee)....................................................................... 5% of cost CONFIDENTIAL AND PROPRIETARY INFORMATION 260 � ACORD® CERTIFICATE OF LIABILITY INSURANCE `66� 6/30/2018 DATE (MM/DD/YYYY) 1 3/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES CON FAX TC No AIC. 444 W. 47TH STREET, SUITE 900PHONE KANSAS CITY MO 64112-1906 (816) 960-9000 E-MAIL' ADDRESS: Y N INSURER(SI AFFORDING COVERAGE NAIC it INSURER A: Greenwich Insurance COm an 22322 6/30/2018 INSURED APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. 1430625 A SUBSIDIARY OF APTIM HOLDING CORP. INSURER B: XL Specialty Insurance Compoy 37885 INSURER C: INSURER D: 4171 ESSEN LANE BATON ROUGE LA 70809 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15267R52 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ?NSR LTR OF INSURANCE ADDLTYPE INSD S VD POLICY NUMBER MMIDDI EFF MMIDo EXP YY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR Y N CGD7409602 6/30/2017 6/30/2018 EACH OCCURRENCE $ 2.000,000 PREMISES Ea occurrence $ 300,000 MED EXP (Arty one person) $ 10,000 X BROAD FORM PD X CONT.LIAB & XCU PERSONAL&ADV INJURY $ 2,000,000 GEMLAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4.000.000 POLICY F7, JEEl LOC PRODUCTS -COMP/OPAGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y N CAD7409603 6/30/2017 6/30/2018 COMBINED D SINGLE LIMIT 2,000,000 BODILY INJURY (Per person) $ XXXXXXX ANY AUTO BODILY INJURY (Per accident) $XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS IX X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ XXXXXXX Per accident $XXXXXXX UMBRELLA LIABOCCUR HCLAIMS-MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXX7 x AGGREGATE $ XXXXXXX EXCESS LIAB DEC) I I RETENTION$ $ XXXXXXX B B B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N / A N CWD7409600 (AOS) CWR7409601T(WI) INCLUDES STOPGAP 6!3012017 6/30/2017 6/30/2017 6/30!2018 6/30/2018 6/30/2018 PER OTH- %� STATUTE R E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached if more space is required) RE: APTIM CONTRACT NO.: 631235305; CUSTOMER REFERENCE NO.: 2018029; PROJECT LOCATION: INDIAN RIVER COUNTY, FLORIDA; PROJECT DESCRIPTION: CONTINUING COASTAL ENGINEERING & BIOLOGICAL SERVICES FOR SECTOR 5 (CITY OF VERO BEACH) BEACH AND DUNE, RENOURISHMENT PROJECT. / INDIAN RIVER COUNTY IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY COVERAGES, THESE COVERAGES ARE PRIMARY AS REQUIRED BY WRITTEN CONTRACT. 30 DAYS NOTICE OF CANCELLATION APPLIES (EXCEPT FOR NON -PAY). CERTIFICATE HOLDER CANCELLATION 15267852 INDIAN RIVER COUNTY 1801 27TH STRE STREET VERO BEACH 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESEN7L ©1988L2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 261 ACCORtr CERTIFICATE OF LIABILITY INSURANCE 6/30/2018 DATE(MMIDDIYYYY) F 3/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 444 W. 47TH STREET, SUITE 900 KANSAS CITY MO 64112-1906 (816)960-9000 NAME CT PHONE FAX mil AIC'No): ADDRESS: INSURERS AFFORDING COVERAGE NAIC d POLICY EFF MIDDIYYYY) INSURER A: Indian Harbor Insurance Company.36940 LIMITS INSURED APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. 1429033 INSURERS: A SUBSIDIARY OF APTIM HOLDING CORP. 4171 ESSEN LANE BATON ROUGE LA 70809 INSURER C : INSURER D: INSURER E: INSURER F: ur=r�. M1iAJ11111 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WvD POLICY NUMBER POLICY EFF MIDDIYYYY) POLICY EXP (MMMDNYYyI LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX CLAIMS -MADE OCCUR PREMISES (Ea occurrence) $ XXXXXXX MED EXP (Any one person) $ ]x]{xxxx PERSONAL &ADV INJURY $ xxxxxxx GEN'L AGGREGATE LIMIT APPLIES PER., ❑ GENERAL AGGREGATE $ XXXXXXX PRODUCTS-COMP/OPAGG $ XXXXXXX POLICY JECT LOC OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT Ea accident $ XXXXXXX ANY AUTO BODILY INJURY (Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY (Per accident) $ XXXXXXX AUTOS ONLYAUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident) $ XXXXXXX $XXXXXXX UMBRELLA LIAB HCLAIMS-MADE OCCUR NOT APPLICABLE EACH OCCURRENCE $ J{xxxxxx EXCESS LIAR AGGREGATE $ xxxxxxx OED RETENTION $ $ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE ST AND EMPLOYERS' LIABILITY YIN N TUTE ETH, E.L. EACH ACCIDENT $ XXXXXXX ANY PROPRIMB R/PXCLUDEDXECUTIVE OFFICER/MEMBER EXCLUDED? � N / A E.L. DISEASE - EA EMPLOYEE $ ]{XX,"XX (Mandatory in NH) if yes, describe under E.L. DISEASE - POLICY LIMIT $ XXXXXXX DESCRIPTION OF OPERATIONS below I I A PROFESSIONAL N N CE07446423 6/30/2017 6/30/2018 $1,000,000 PER OCCURRENCE; LIABILITY $2,000,000 AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: APTIM CONTRACT NO.: 631235305; CUSTOMER REFERENCE NO.: 2018029; PROJECT LOCATION: INDIAN RIVER COUNTY, FLORIDA; PROJECT DESCRIPTION: CONTINUING COASTAL ENGINEERING & BIOLOGICAL SERVICES FOR SECTOR 5 (CITY OF VERO BEACH) BEACH AND DUNE, RENOURISHMENT PROJECT. / 30 DAYS NOTICE OF CANCELLATION APPLIES (EXCEPT FOR NON -PAY). 15267863 INDIAN RIVER COUNTY 1801 27TH STREET VERO BEACH FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ACORD CORPORATION. All riahts ACURD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 262 • Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: March 20, 2018 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: Amendment No. 1 to Work Order No. 10 with Kimley-Horn and Associates — North Reverse Osmosis Water Treatment Facility 2016/2017 Permit Renewal DESCRIPTIONS AND CONDITIONS: On January 10, 2017, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 10 with Kimley-Horn and Associates (KHA) for a lump sum amount of $47,384.00, to prepare and submit the Florida Department of Environmental Protection (FDEP) renewal application for the existing North Reverse Osmosis (RO) Water Treatment Facility (WTF) permit. Indian River County Department of Utility Services (IRCDUS) operates the North RO WTF located at the northwest corner of Hobart Road (77th Street) and 58th Avenue. The plant is currently permitted for 11.44 million gallons per day (MGD). ANALYSIS: KHA submitted the FDEP renewal permit application March 13, 2017. Since the submittal of the renewal permit application, FDEP has received numerous questions and comments from the public. Although the FDEP has issued a draft permit, they are unable to issue a final permit until such time that a Public Meeting has been held on the draft permit as has been requested by two citizens. The additional request for information and the objections made by the public has made the subject renewal time intense and beyond the original scope. submitted by KHA. Therefore, KHA submitted an amendment to Work Order No. 10 to reflect these changes. FUNDING: Funding for Amendment No. 1 to Work Order No. 10 is available in the Water Treatment -Other Professional Services account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account No. Amount Other Professional Services 47121936-033190 $24,582.00 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Amendment No.1 to Work Order No. 10 with Kimley-Horn and Associates, for an additional sum amount of $24,582.00 for a total lump sum amount of $71,966.00, and authorize the Chairman to execute the same, as presented. ATTACHMENT: Amendment No.1 to Work Order No. 10 — Scope of Services from KHA, North RO Water Treatment Plant Industrial Wastewater Facility Permit Renewal 263 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9CODB35E\@BCL@9CODB35E.docx AMENDMENT NUMBER 1 WORK ORDER NUMBER 10 Spoonbill Marsh Industrial Wastewater Permit Renewal — Open House Public Meeting This Amendment 01 to Work Order Number _10_ is entered into as of this —day of 2018, pursuant to that 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"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 10, Effective Date January 10th, 2017. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: Kimley-Horn and Ass ate Inc. By: B in G d, P.E. Title: Seniar Vic& President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller - — _ • - Bye - -_ _ _ . -- - - - _ _ - - _ _ _ - __ Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 264 EXHIBIT #A Work Order Number 10. Amendment #1 Spoonbill Marsh Industrial Wastewater Facility Permit Renewal for North Hobart Rd RO Water Treatment Plant Open House Public Hearing PROJECT UNDERSTANDING A permit renewal application was submitted March 13, 2017 for the Hobart North County Reverse Osmosis Concentrate Discharge facility, File No. DC 31-FLO166511-005. A draft pen -nit has been prepared, along with several requests for additional information. A final permit has not been issued due to a request for public hearing with the permitting agency, Florida Department of Environmental Protection (FDEP). The following scope of services is required to respond to public comments, preparation for the public hearing, research of data, and preparation of documents and exhibits. SCOPE OF SERVICES The scope of services will consist of collecting additional information and reviewing correspondence and claims from public comment. Consultant will review public comments, provide technical information and responses to public comments, and provide data analysis and interpretation of these public comments. Consultant will prepare for and attend meetings and conference calls with FDEP and IRCU staff regarding the on-going permitting process. Consultant will procure and utilize the services of EW Consultants, Inc. who has extensive experience with surface water disposal permitting and environmental expertise to provide independent evaluation of the data, provide support in responding to public comments, and prepare and attend the open house public hearing. -- Consultant will complete these tasks in a timely and mutually agreed upon schedule. FEE SCHEDULE We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 4th, 2014, with Indian River County. 265 The Consultant will provide professional services. on an hourly fee basis, with an upset fee of $24,582. ADDITIONAL SERVICES The following services are not included in the Scope of Sen'ices 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: • Additional coordination and responses to FDEP or other agencies (ACOE, IRFWCD) beyond what is listed herein. 266 PROJECT: North Hobart RO Plant Industrial WastewaterFilcilil Permit Renewal i I :sHFEr I OF I CLIENT: Indian River County Utilities i. `FILE NO.{ { ESTIMATOR MDM I f ± i { (DATE 3/14/18 DESCRIPTION: ( DIRECT LABOR ( MAN-HOURS) `Responses to Public_eomment, public hearing_` REG — — DQF _ LIIdE SEN PROF PRINC PROF JL/FH P2(TS/NB) DES/ CLK EXP PI SUB TOTAL NO. TASK Review Carter letter, public conument corresp 14 101 3 229 S4317 Meetings, conference calls 12 10 3 200 54,238 Public hearing reamtion 14 10 3 206 54,694 E%V 2 3 510,000 195 51033 TOTALHOURS{ 0 42 0 30 12 510,000 $830 $24,582 LABOR ($/HOUR)!. 235 225 150 105 96 t $0 $0 SUBTOTAL{ 0 94501 01 31501 11521 10000 523,752 50 266 Consent Agenda It INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: March 13, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: 22nd Street SE Sewer Lateral Replacement: Approval of Change Order and Final Payment Blue Goose Construction Work Authorization No. 2018-002 DESCRIPTIONS AND CONDITIONS: During the March 6, 2018, meeting, the Board of County Commissioners (BCC) approved Work Authorization (WA) 2018-002 for Blue Goose Construction (Contractor) to replace a sewer lateral along 22nd Street SE. The replacement is complete and the Contractor has submitted a final pay request. In the course of construction, the Contractor and Indian River County Department of Utilities Services (IRCDUS) realized that some items in the work authorization would not be necessary to complete the job. ANALYSIS: It was anticipated that a 4" water main in the work area would need to be relocated in order to construct the replacement sewer lateral. However, this was not necessary, and all related pay items have been deleted from the scope of work. The changes are reflected in Change Order No. 1. Project costs are summarized in the table below. Original Approval Additions or Deletions Final Cost 1— Labor Expense: $ 15,000.56 $( 6,809.31) $ 8,191.25 2 — Materials: $ 4,979.63 $( 4,770.77) $ 208.86 Totals: $ 19,980.19 $(11,580.08) $ 8,400.11 The amount due the contractor for this first and final pay request for WA 2018-002 is $8,191.25. FUNDING: Funding forthis project is derived from the Replacement and Renewal (R&R) budget in the operating fund. The operating fund budget is derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT 22nd Street SE Sewer Lateral Replacement 1 47123536-044699-18515 $8,400.11 267 424 22nd Street SE Sewer Lateral Replacement Final Payment of Blue Goose Construction Work Authorization No. 2018-002 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Change Order No. 1 to reduce Work Authorization No. 2018-002 by $6,809.31, and to authorize final payment to Blue Goose Construction in the amount of $8,191.25. ATTACHMENT(s): 1. Change Order No. 1 2. Blue Goose Construction Invoice C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@340EFCB8\@BCL@340EFCB8.docx 268 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: March 20, 2018 EFFECTIVE DATE: March 20. 2018 OWNER: Indian River Countv CONTRACTOR Blue Goose Construction. Project: 424 22nd Street SE Sewer Lateral Replacement OWNER'S Bid No. WA 2018-002 You are directed to. make the following changes in the Contract Documents: Description: Deduct watermain relocation from contract. Reason for Change Order: It was anticipated that a 4 -inch watermain may need to be relocated in order to replace the sewer lateral. The relocation of the watermain was not necessary. Attachments: See itemized schedule CHANGE IN CONTRACT PRICE: Time Description Amount Original Contract Price $15.000.56 Net Increase (Decrease) $0.00 from previous Change Orders No. (days) Contract Price prior to this $15,000.56 Change Order: Net increase (decrease) of ($6,809.31) this Change Order: (days or dates) Contract Price with all $8,191.25 approved Change Orders: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion; Final Completion. Net change from previous Change Orders No.: (days) Substantial Completion: Ft- Com letion: Contract Time prior to this Change Order: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order: (days or dates). Substantial Completion: Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: Final Completion: AC �T - : RECOMMENDED: By., BY: ��i% .s,� (Signature) ENq;INEER('Si/gnat /8 Date:GC� /$ FAUe6ties\UTILMY - EngineeringtPtciects -Capital Projects%1"213 424 22nd St SW100942 -Change Order Form .docx 00942-1 APPROVED: By: OWNER (Signature) Date: 00842 -Change Order Form 269 Contractor's Application for Payment 424 22nd Stree SE Sewer Lateral Replacement Application for Payment No. 1 - FINAL For Work Accomplished through the period of 03/16/18 To: Indian River County Utilities From: Blue Goose Construction PO No. WA 2018-002 Project No.: BG 1325 1 Original Contract Price: 2 Net change by Change Orders and Written Amendments (+ or 3 Current Contract Price (1 plus 2): 4 Total completed and stored to date: 5 Retainage (per Agreement): 0% of completed Work: Q% of retainage: 6 Total completed and stored to date less retainage (4 minus 5): 7 Less previous Application for Payments: 8 DUE THIS APPLICATION (6 MINUS 7): CONTRACTOR'S CERTIFICATION: 15,000.56 $ (6,809.31)11 $ 8.191.25 $ 8,191.25 Total Retainage: $ $ 8,191.25 $ 8,191.25 UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and Gear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, i further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that l have no claims against the OWNER. Dated 3 I < <0 1t B By: sw. (CONTRACTO- must b gned by an Officer of the Corporation) Greg Hampton - Controller Print Name and Title STATE OF FLORIDA COUNTY OF ST LUCIE i Before me, a Notary Public, -duly commissionedrqualified,-and acting,-perspnally appeared- - -, who being-- by me first duly sworn upon oath, says that he/she is the C�7Y\�1(D f tet' of the CONTRA OR mentioneg above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR;d that all of the statements contain d herein are true, correct, and complete. Subscribed and swom to before me this Irl -day of tlV(utc. 20. ' bh is personally known to me or has produced as identification. NOTARY PUBLIC: 0,4 a (—' PD AA Commission No.: Commission Expiration: t# eemN. itSSlf #FF 945828 EXPIRES: December 22, 2019 270 Page 1 Pay Application 1 Printed name: tib t' Commission No.: Commission Expiration: t# eemN. itSSlf #FF 945828 EXPIRES: December 22, 2019 270 Page 1 Pay Application 1 N N� CN S .Q•� W CO ab N O M N N N 1� N M G6 M to `W O n O O O O O �M ' J O O S S S O m N m N N b< vof O .Qi N m M W N C m � D 9 N m O N O S S O O d N m e Q n ]E d y p Z� U O a c u °• a N O N O T N n lOf1 n m N C M b CD O c V N N V1 N N N N N o o 0o D o m N Q N 1D i� ffl ti p p O N O O O O p L M � E o £ d � c c c c O = W m Y s � � d m a A c > .m W D d J m0 N o .-1 aN0 m 271 0 0 0 0 0 0 0 0 0 o 0 o N O N vi N 0 b 0 Q 0 O 0 O 0 O 0 O O O O O O O O C7 � O N O O 0a N N A O N N N N T E O O N O O O O O O O O O O O O O O O •. c OQ G Ip OQ Op 00 00 N O O N N 100 N N N N C 0 O 0 O o O O G oO O O O O O O O O O O O O O O O N O O O O N 11 M G N N C b O Q O O O 0 p 0 O 0 O 0 p 0 G 0 C b � O N CI O CC O• H O N T � d 6 O N O O O O O O O O O O O O O O O O O O O O O S O O O O Q Q O O N N N C A C f O m Q O m .. 6 C m O N N O b OO Q O O O O O S O O O O S O W N O N S W W M G O T N N O N N M � m E N M is 6 m 3 N N N N H N VI N V1 V1 N N N N m N u Q O O O Q n S N C N � G N vOj Yf O O O C O � uoi N O ? Jw J J Q J12 W F F N F N N O ry S O O S O S O O O O O O O O O O tD m S H 0 O N N N '� p O L m N m Oa C .0 00 N d .p • :� J N p� � O > C d N �. a c •` N m N H •Z m v 3 v° o. p co m x en i\ of = yy v K K C d i%1 W A y O 3 c c $ a~ E o o a o o m m — m 5= > v oo o o a _ c A E E 3 E w a c O m N N� CN S .Q•� W CO ab N O M N N N 1� N M G6 M to `W O n O O O O O �M ' J O O S S S O m N m N N b< vof O .Qi N m M W N C m � D 9 N m O N O S S O O d N m e Q n ]E d y p Z� U O a c u °• a N O N O T N n lOf1 n m N C M b CD O c V N N V1 N N N N N o o 0o D o m N Q N 1D i� ffl ti p p O N O O O O p L M � E o £ d � c c c c O = W m Y s � � d m a A c > .m W D d J m0 N o .-1 aN0 m 271 CoA r INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: Ryan Sweeney; Senior Planner, Current Development DATE: March 26, 2018 SUBJECT: Ocean Trail, LLC's Request for Vacation of the Hideaway Cove Subdivision Plat [PVSD-79-04(221) / 2000120037-80175] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 3, 2018. DESCRIPTION AND CONDITIONS: Schulke, Bittle, and Stoddard, LLC, on behalf of Ocean Trail, LLC, is requesting that the Hideaway Cove Subdivision plat be vacated. The Hideaway Cove Subdivision plat is located on the east side of Highway A -1-A, approximately 800 feet north of the south County line (see attachment 2), and is a subdivision (replat) .of Lot 20 of the Kansas City Colony Subdivision. Approved in 1980, the Hideaway Cove Subdivision plat established 3 lots, a single private road right-of-way (approximately 200 feet long), 20 feet of additional right-of-way along Highway A -1-A, and a 10 foot wide beach access easement. The subdivision site is zoned RS -3, Residential Single -Family (up to 3 units/acre), and is currently vacant. There was a detached garage structure that was constructed on Lot 1 (2400 Ocean Trail). However, that structure was recently demolished, and all utility improvements that served the structure (i.e. water, sewer, and electric) have been removed and/or abandoned. The existing private road/driveway will be demolished in the future, during construction of a future oceanfront home/estate on the overall site. The property owner, Ocean Trail, LLC, owns all of the property within the boundary of the plat as well as the adjacent property to the south (Lot 21 of the Kansas City Colony Subdivision). if the plat is vacated the property owner intends to combine the subject site with the adjacent property to the south, and construct an oceanfront estate on the combined, overall acreage. At this time, the applicant requests that the Hideaway Cove Subdivision plat be vacated. 272 ANALYSIS: The Hideaway Cove Subdivision plat was approved by the Board of County Commissioners on March 6, 1980. That subdivision plat established 3 lots, a single private road right-of-way (approximately 200 feet long), 20 feet of additional right-of-way along Highway A -1-A, and a 10 foot wide beach access easement. The required subdivision infrastructure improvements were constructed, inspected, and accepted by the County, and a detached garage structure that was constructed on Lot 1 (2400 Ocean Trail). In July of 2017, the current property owner purchased all 3 lots within the Hideaway Cove Subdivision, as well as, the adjacent property to the south (Lot 21 of the Kansas City Colony Subdivision). The property owner's agent obtained a demolition permit for the previously mentioned detached garage structure, and that structure has been completely demolished. The property owner's agent has also coordinated with the City of Vero Beach Utilities Department and Florida Power & Light (FPL) to remove and/or abandon all of the subdivision utility improvements (i.e. water, sewer, and electric). The existing private road/driveway will be demolished in the future, during construction of a future oceanfront estate. Vacating the plat will have the effect of abandoning all streets and easements created by the plat, providing one large acreage property desired by the owner. Consistent with guidelines established by the Board of County Commissioners, the subject plat vacation request was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the platted area. All reviewing departments determined that there is no need for the private right-of-way or the easement within the platted area, and have recommended approval of the requested plat vacation with no conditions. A separate, related request to abandon the 20 feet of additional right-of-way along Highway A- I -A has been filed by the applicant, and that request will be considered by the Board at a separate public hearing (see next agenda item). Furthermore, the plat vacation will not affect the right of convenient access to any surrounding properties. The County Attorney's Office has reviewed and approved the attached plat vacation resolution for legal form and sufficiency, and staff has no objection to the requested plat vacation. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners vacate the Hideaway Cove Subdivision plat and authorize the chairman to execute the attached plat vacation resolution. ATTACHMENTS: 1. Application 2. Location Map 3. Aerial 4. Plat Vacation Resolution 273 4! PLAT VACA'T'ION APPLICATION Date Received:. 4 -13-20.17 -tf-' oZpi3 01.zD637 OWNER Ocean Trail, LLC manse 3333 Richmond Road, Suite 101. (address) Beachwood, Ohio 44122 (city, date, zip) 407-595-6622 ' (phonaj Sign*dm' %f Ownei or Agent S/D NAAM: Hideaway Cove S/D FILE NO: 4*221 --X1QC-79=.&o = 'I"'! -LY SA) PLAT BOOK: 10 PAGE N UMER: 60 AGENT William P. Stoddard, Ph.D., P.E. Schulke, Bittle & Stoddard, LLC ttatne 1717 Indian River Blvd, �uite)201 (addiesa) Vero Beach, FL 32960 772-770-9622 (City, "01 zip) (phone) The Board of County Commissioners has the authority to vacate plats in whole or in part, returning all or portions of the property into acreage. The vacation is accomplished by resolution of the Board. Before the resolution can be adopted by the County Commission: 1. It must be shown that the persons making application for the vacation own fee simple title to that property covered by the plat vacation. 2. It must be shown that the vacation will not affect the ownership or right of convenient access of persons owning other portions of the subdivision or adjacent properties. ' 3. Notice of the intention to apply to the County Commission for vacation of the plat must be published in a newspaper of general circulation in the County in not less than two weekly issues of the paper. 4. Proof of publication of the petition (resolution) for vacation must be attached to the petition (resolution). 5. Certificates showing that all state and county taxes have been paid must be provided. The applicant shall supply the County with the following information in order that the County may process the application in accordance with the aforemented guidelines. 1. $800.00 application fee (checks payable to Indian River County). ' 2. Ten (10) copies of the plat or portion thereof to be vacated. 3. An aerial, photograph depicting the boundary lines of the plat to be vacated and showing the adjoining two hundred feet (200'). v 4. Description of the site conditions. 5. Copy of the owner's deed for all areas to be vacated.'/ 6. Tax certificate's showing that taxes have been paid on all areas to be vacated. joj-� it 2i 7. Letter of authorization from the owner, if the applicant is other than the owner. f 274 F:\Comff=ity Develop=nt\Users\CurDevIAFMIatvwApp.DOC Revised 11106 LETTER OF AUTHORIZATION RE: Dunm|nnRenidontm 2-400 Ocean Trail Lane-, Vero Beach, FL 32963 To Whorn |tMay Concern� This is written authorization for Joseph W. Bohu|ke. JOdah B. Bift|e. or William P.Stoddard of Scho|ke.BdUe&Stoddard, LLC. toact onbehalf ofOcean Trail, LLC asthe agent inthe processing of all planning and permitting for the above referenced project. Sinoe7ely. Sworn and subscribed before rne this /,I~ �� 'day personally appearaowho is to me or who produced as identification. � ��n--- � Notary PubUc-Gtate of My Commission Expires: O(-66-e,-Idl .'20/4 OaodiuCKeonave n1,-taPYPuN!c.0ate ofOom RaoordwdinCuyunnAuCox/u,, kAyComm!eo/onExp/,oa October '13.2O19 275 t �J. r �r� a O f ! pO P O O O O � po O qO Q pmO 4 ® � O 0 O O 0 pj O g QQ O n V O o O lV O O CA O W O C o (L O 0 G 0 O � 00 4 4 : PSP dC( N f�� O U cd a O 0 IN 0 it �1 I � I ' --a, _, f � �'. . � "� sir• Iz' cd . , ,� � cqj ;czl- mss" RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF HIDEAWAY COVE SUBDIVISION, PLAT BOOK 10, PAGE 60, INDIAN RIVER COUNTY, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on September 13, 2017, Indian River County received a duly executed and documented application from Ocean Trail, LLC requesting that the County vacate the plat of Hideaway Cove Subdivision recorded in Plat Book 10, Page 60 of Indian River County, Florida, said land lying and being in Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 177.101, notice of the intent to apply for plat vacation was duly published by Ocean Tail, LLC in two weekly issues of a newspaper of general circulation in the County; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that Ocean Trail, LLC owns the fee simple title to all lands within the Hideaway Cove Subdivision; and WHEREAS, the Board further finds that vacation of the subdivision plat will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The plat of Hideaway Cove Subdivision recorded in Plat Book 10, Page 60 of Indian River County, Florida, is hereby vacated. (See Exhibit A attached.) 2. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 177.101 in the Official Record Books of Indian River County without undue delay. 3. This resolution for the vacation of the Hideaway Cove Subdivision plat shall not affect any existing utility rights outside of the plat boundary. 4. This resolution for the vacation of the Hideaway Cove Subdivision plat shall not affect any other plat or easements of record. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams 278 Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of , 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2018. Notary Public APPROVED AS TO LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP, Director Community Development Department 279 2 O N L 12- iu 42OW ZOf'pa J>J 2 l _ VW� NCW i UmW s�`� y; a � Ua4 OUp zZ +7!'� ¢ CWOO { ¢Zr �• aF W 3 ,si. 2 2 3 x 4 N W - - U Q W Z 4 W °1 W W •t Q ) a W i Q a Oxy O° O y Z 2 iqq+ a F W W O I W W O W o It i 0 O< Q u ¢ UD �Q Ff J ¢ F4 T 1-O 2 i'UW Oy N�•myx, u U ou o¢ '\ 'a Zo p ¢ Sampop �F =two O w ca Z i f iN . 2 T CW W pW +R W Y �� WTW 2a- F Q fYN m¢M1'Q Fo ffnnl Off" 02¢ F. O O Z H I .1 V O O 0 S N J W U U W I V W 2 o U K 2 t TO;2W 2C W, m W a u ile LL ou w px v �i oz�m Wp 2� .Q ci aOp OO �-tm U QWp3� -OOX4 4NliH p222 V y j 'JO¢ ¢N 4oF •02 U i �3 w W OzpOW ¢ 2 a W IL 0 J O O o Q W Q = j a y C W W O W N U= J ¢ T LL W m 7 mr. W Q 1 g W N � uN pz o.o W pF ou m Tw o� bx'zaN w ¢F W mT T-OUF W Q N p T 2 2 > N W¢ O 3 z W 7 Q m 2 p m 4 Q 0' 2 Q W j 2 m Q F! O O z Z O Y N O o? Q o U• w U 2 W= p 4 U m Q 4 R p N > W z f O 4 0 3 Q 4 i LL W¢ Q W W W a W 4pj •U j- W O N Q - 4 z u a a m w �- N q m 3 o x¢ T o N z y J 'Y W ~ LL m I a_ o F m 00V¢ T 4 p Q� L� F o T N O¢ W z 1- N W W J 2 O W J O W W F • O W Q NT x x a 0 Z O m 2 O •¢ Q x- F > LL Q k U T O W OQ Waf W, .1 pFx ¢4 m W ovu F¢,�o0 o W o¢N °j oa azF Q �OZm Ty2J Q OWz2�-o `� : W oz10 ao J?Wpz; O U T F r N N 2 a n U 2 O O F C 7 J 4 h 0 2 4 F C OIt ¢ U iF W 4 4 U 4. Q 6 QC AfN IL o¢z N W •i Q O� N a¢� �O W 0042 j° o�Q W i W ¢ 3 > O x ~ W W 02 �yW r 2 T pvxj mYT - i Y n 2 �• 2�LL > 2 OUC �� W2 NCU °� LU J O J W N O W N W 0 ��Pg O NON W U H ILL 0 u? r O Q U., Z.Q , r.o z m T o: m CLo tu 4 u z m�2 O OWf O p W 4 F20 4 a n F c m U p N C N 2 0 i F a 3 p U o ° CO y1 � W NO OW V W �IZ�J� } J ` ~ VCS w" 1 V ti 1n O Oa m =n ozx m o_�I1 QV V5 N o� N 2 T o O N W a yz A 100.0". Q r o C k p w m m x �2 .yhc�� u "0 hu =ate W p j z Z a' a 4t¢ao aWe =a Q, N Jm2 R o:e a. Gw_ -' a: wio uois u U- z no: u�c p iw ILI TT 0 2 2 W W LU 81 ° �prc 4 cQ u T�1 U m i 0 � 5, z /Ny mom U" o D Z V o> i U o= ` o W Z; 0'- hd aZ cou 4, oNW 2 N� _--T ill �" u�i u� c o y' U Z:. u �; i Hideaway Cove Subdivision Plat Vacation Board of County Commissioners April 3, 2018 r Analysis • Garage structure demolished • Subdivision utilities removed/abandoned • No additional easements being retained • Property owner owns all affected lots • Property owner wants one large estate parcel 5 Staff Recommendation ➢ That the BCC vacate the Hideaway Cove Subdivision plat. 6 6V -3 Treasure Coast Newspapers I TCPALM', Indian River Press Journal j 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal; a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 463755 - INDIAN RIVER COUNTY PLANNING/CDD 1953099 NOTICE OF PUBLIC HEARING Notice of a I Pub Dates March 18, 2018 March 25, 2018 Sworn to and subscribed before me this day of, March 26, 2018, by t, ' who is Natalie Zoll r (X) personally known to me or ( ) who has produced as identification. Karol Kangas NotaryPublic ,n. KAROLEKANGAS z ; N.WyPohllc-StateOR.Ma Commission f GG 120041 op',' •,,m `•,, MyComm.Expireshl29,2021 Bandedlhia�NaxonelNolmyA�, 4F 1 SUNDAY, MARCH 25,2018 1 TREASURE COAST NEWSPAPERS . Mice OfForetlosure bOcNMkes equestforBids dam May L 2018. at 0$tlo the hours of 8:30 am and 490 I0t10 Act. m Apra 9. M18 AM, at wwwStluck.Cllrkwc- pm m weekdays. noncom fm the fallowing at 1275 Maln Street Sabns• Uan. Fla City Nall Council 6-1tred praDarty. AnymC afro wish m ALL THAT PARCEL O7 WIO appeal am dad 0a wach Chambers. IN SAINT LUCIE COUNTY may he trhade at IN taetlnp STATE OF FLORIDA, AS 1sORkr wily need m erne that aver- •Bid AabrrtHt•1 M bid ape'Zr Mds flail FUMY DESCRIBED IN DEED batim record a the proceed- BOOK 1755, PAGE 1417, IDO In D rtade vdtth mtludes be f Wmltt,d Randy M%er. ProaMrceprteNr tit / wza620-ot57.00Fp.3, As tqm Mdoh° Me amp eel°NMn°be KNOWN AND DES of Se MCaIn 15. BIOCKTB, POREF7\StET,. hash. .1725' deadllrtee nitUrU IIOT PIGS FlIfD tlI PIAT a00K 17. PlriE INDIAN RIVER COUNTY forsub bids 42:00 P.M. on Apt111 32 A3L-121. BOARD OF COUNTY COMMIS- 201$ All bids submltied esf IRS n tlC svol ff� � �E Pao D. O'BrYan, Chair- ciIIC Ilambe�naf WtlDme. Chair- We. if ern. aNer owns Asa the dam Pub: March IB and 25.2618 oof( 1 must Ill.. TCN 1957099 •OVmtlo s from am Inter• dahn thin silty (60) Bars eFted bides se m Raanbbee latsd"`Umthee. aW M Law Porsvaatm Beate° Mmo�cmdat rmoYer®cirya- Ume a to zde. the 46.449. Fkdda Seeta.a duuged rima a sate slWl be NOTICE IS HEREBY GIVEN that seDastl°n.orp. pubrstadasprovided herelm the uNinlOn-d* deSiharddertlhe np fO The Cityrtsmes the right ersbhrsness F-berO taw Or RA. At[omey fa PMIMI,t 1515 South Federal wphwm. Sdm too Baa Paton iL 3N32 Telephone �+: 561•]384101 Fas a: 561 Email: lsemserricelceQ9tromber• plawlpoupcan BrY'.� Medm Xyah, Esq. FBN 72009 It you ere a person with n disabiner wwhhoo meds am fact ntnamhodatlm in adm m partldpaea In Lha you are eMtle4 m cort� you m ere provhim of cor- m. .Court Adr iNstatrutl tai at 772.8074370.7511r c Club Dr. W. 217. Porte SL U= EL 3{946 tit (cast 7 days boort Your sdredded coat nppeararlre. a iomadiatt- ly ttpm r�stlNnB Nis noUfi- catlm Hthe time before the fdtedaM nppearam tf�s dkss sub MkletrrA 7d5, A�P'ril Innis TCN.I%7521 OIICC Of SBI! hOnCE Of SHERIFF MILE NOTICE IS HERBY d 9- that CarcuVn Issued N tlie pr6axtift [ta n the the Dada Canty FlMm da 22.d day at wherein FCbn. 2017.MtIID In int tarso Geller as Plaintiff sal Sheila N. I4utz. Oefmdant Defrhp Case N0. M16006137CA01 7 said cant I WILLIAM U- S=. dt 4hve Mahn Camry.Ila• i have levied upon all the She title, cod Intertst of tla andtothts-Srolla dKrtrtz In and a the following tip desalted propvry, to wit ""G " Grercyy Mercedes•Bmz VIN: WDDGFIHB7CR198911 ane m Friday, April 17, 201$ at Martin �CpOcau�dePd Garttlam! Om0ml qMaStuart Mrd. Con °tkhye. Fldaatthehoutofll:o0em m es Som Uhereetter u Pos- sible, I wtil offer fa We M a one sale daenin one; title cod interest in aaresald �ro0ea,, at public: au[vV and iWlf s,It Ih .,4% sub- m d� iudpmcrdz, M em, mthc hiphast and bast biddar m bidders fa [ASN IN NAND. eta proceeds m M nppnM as far u rtay be m the coaymmt a costs end tlht satislpctton cu the above eaa ta0 between n the may be rkwed betwsen ted harts of 9dl0am And 10:00am the day a e Off BOD S t tln Martln Cocky frs E Maker% Rmd, ° M rs mshMd mance aha Martin s Caaky SIadfFs qNl ProcesUnit ere m2 220.7030 the nwnanpasak confnm senna. IN ACCORDANCE With the American with Disaallnes Act Person with a daaa0ry npr�prdoelrtnadRamhpspecld aceto Has qM of CirMt Court, Martin the dCaOrMs odd bitleitte rppro'oc�CecMl�at P.D. Box %14 Snort, Honda 7/9959014 Teleohorc: (7h,) W711 (FloridaRelay WILLI Sherifiof Mart) n°ECounry Bsr^. Sarah Ropers ChfI PFOCess NOHCEOFPUBMCNFARRIG NOUre of a public heMrO m conMer ted elm of a rtsdWah m ra plat paerMOeawy Care IS, theWdWskn Gaak�Rver County amro .dtt0. ToP60pqhFI This IcmIu,, bd=- Ocean C.Aprcrotwh Parties In interest and cid. 0 be 11 will °be°QOrohNdd s o er5 of hhd1M a cCOAmamtY Horida in the County Gommb- l0- Chamhars °f tla Cathty AdmldstratI BWId,ngg,local• edat 1801 27th S act Ve o Beech. Florida m Tuesday. Apri17, 2018 a 9:00 AM. pWheelslReaotkn Bi�a.seu re5r. fic= name of Good to PQ to of any and all aria err Property 5o1Wms IocatM to accept am ad or portlm at 10388 SW tioape Cent6d dama� t° be M na Dd.. 8162. In the Conry a best intwest of tea a(y ant St Ludo. , P, St Lurie- to wNre My n° .bs tial "Mea 31987 Nkeods m regg irrnpdadtils. Dear tlrc sold mete with tlhe March 24 11.2018 �gorpoaorr�a TGN.1%21fifib0 FloridalrDe'OCertrntnt of SScale, ora ease a Tnllahassen. Florida. Dated Sarphe Lands And RetlAest at Port SL Luck. Floridafor BM MIs 17th day of Mandl. 2018. Talissa Barrat/Odane Barrett NoUte is hereby pivm that Pub: March 2S, 2018 apursuant tp 9ectlm 377A89 TCN 1964268 FS_ the below described NoticetfultrPetitiousNunt es. situated M SL tar Pmseaet to section Lurie, Florida wheal fare 965JM Florida StaDrtes been dadared I. M the NOTICE IS HEREBY GIVEN Govemitq Boardto the South thaIt-, Ua undersiattM defir• Florida Watn FA+mpnmea inp m fn Maims; 0D°kt (DDIrkO. °rt offered anter Ua U of for sd! fa the htghest and CalninY located at 642 21st case hashtlwh the no Street in the y County of rodF aka ed a fl 80,000 for the lodwda W'. RW c Rt�m be low desented Wds, sutr rtplster the sand tans with 7kryd� to _ erh0 mddon. the aWM- of CoryaaUom pay Me cost of a edvertis�1emenSOL of tlrc Florida Deportment of all Isal costs. .111 1= Tallahmsa Florida. �°rarcd esm.Orokerer Damd at Vero Beam. Florida nq ees• this 20th d+2 y of March, 201$ fiMen fees, all documents• Moeo En�trod�es Inc. ry sfartq, mates, all aMtrna PIA: Marcfi 25.2018�titlC I othlr°dnrotrtrggt' b TCN 19"311NticeULaasSsaOeCcWWa with thlsai lcathc er b Av Narm rcertilltd a Ary. by kcal rm fart Porsnaatm Seethe d0f�hataakt a65A4 Florida Stacotes The District et B•1 Btdldirp. NOTICERNEaEBT GIVEn UrpI 3J01 Gun club Road West �gRcc enig" 0 ski m Pa i etauefM hies w t6 1�0 NthtalhtrKwltt� 5IapWlso^°^1eP a[n pNm.- 2aee 12. MI$ Bids opead of 200 pun m 21st San Ri m tln Conry oma 12 2116 M the astrkt's of InQtm Rner. Liths. a Vero BdBWIdIn0.7BBridpeCahfer- BeadhiFlorlda329TA.lntmds Cna Room acs soon thareaf- to7aplbertfaWdmrrNwith ter As met be pn tete,. tla fed oiWzim of Caryaarlau dlsattlmathe dstrict of the Halder Departrrerht of Sta. Ittlaheuee Ftorlda All bids worst cmfam to tho Dated at vnro eeactp Flarida Bld SpeUr.= ter sale of this 20th day of March, 2018. 5aplus Land. InlereslM bed• Muco EnterMIses Inc. dere mny oobbtain copies thele• Pub: Mardi 25.2018 a mrd additlaal Iaarmtia. TCN 1964512 Dat the above address; m dawnioaekyy From www. equest for Bids swmd.gov/strpusl_arta °r( bbyy tall'mp Toe Mnnrruti t %I DOARD OFCOUIrtI•COMYIS• 682-293$Tthe respectiva MONERS ed em Imp attme, IAcaF ST. LOCIE COVNTY, iLORIDA ed tlrare0hl shall be .[tap by fro tuccasful biddy n GLLFORBM Its 'A A. `IYNEREoS end •WRH A. UL Staled Mds will be -had at The se Wl bidder fa the Ute Purdasirp Department OroitertY will he regdrtd m 2700 W da Avemn Fort dose m hater teem lob / Place. i( 3198E mil k0° "�bv,-ctessottarwlte-I PAL heal oma m WMttesdaY. nod - Bra District- tit n time uestfor Bids C-SCY Adr�lstranoa RFP d-fvts be obtained Na download from wvrc andStarcan or by eontnctlno the Omm a the Pur+CAasmg Department at 2300 V Avera. fort Piercer FI -di 34982. (TT2) 46217°0. RFPs m+ be eitlKr malkd I hnAd Cellverie m the Pur• VIjch&SZ'Avinua. fart 2300 FL 41982. Am REPS fila find after the abort states tlme milI�mMMted to thebidder nn6ssionBaIIarnts tarots Lha NCO{ °pflL mwal am lnfDnT .d Vi a Inn rrenuladdeosr•,oDroeisaact �ICd°"a9tnlnca�ktee, cad'I1. tivnaL obscure. or rvhic h cen- I .. not dlovrtM for In whole a in part wl er ,.Iclue aha[ ant adept the tMtamtr. ch best sures Fa Bids. RFPf. Bid Results and alar inforrtatlm risk the 5L tuck Conry Purd .1r1,Q Web 544 at ANPJ/www.stluc• kco.por SL Lurk Ccx. y Is An Equal OODaOmi /Affhmatire AMad2 TCH.1962497 BOARDOFCOUNTY COMMISSIONERS ST. Ur -M COUNTY, FLORIDA REQUEST FOR PROPOSALS Senitd Proposals tl be reairM At ted Pv sing Departrnent. 2)O0 vi Iola Avemc. Fort %exec, FL 7{962. weR'dhta't0°dl�.°'�r�°CS'n, rvlta, tomr lrobol 'p: SHIP ha le -m iadNks lk0artment RFP doarmeMs mny be obml-d to dorvnloM At P�tdhas� 55 aR�a ofttb, 162 1700. rh.Ay be either ..tied a Dant Uervered to the Pur. chas-•iihp Depnrtmem, 2700 VirpMtiaa Avenue. god Floor. Room 22$ tort Pierce iL 31982. A REPS received after the ttatM tlrta mop edm tla bidder Tro Board of CountY Com• mHstorars rtserres ted ripnt m waive em IaormMtlm er mlmr IrrtaNMUe; rte Ct tkatet obs aril Mds� Or hfC6 000- reject 00- allowed for; posh M rrholte ,tar M p'tut hath or Mtlto+t talar. artl accept ten DW/°r000sal wlddl best baryes Lha County. Are 24 2014 for ted folbw-, District dt�mntd M For Bids. RFPs. Bid Results cod Nft RtM-.. imWsitLha aNpvI(Spm.mM-t158 Thn toad "d ofhrtdf r,A, SL tuck Conte P=Ing Neby E ped v- AM b de -11. As tailmrs: Web Sim tit .stlucitco. Wt aro Tact Kos. KEln 21, and SL Lucie Coh.dy Is an Equal aid documents ma be KEtp1-271 Satba 27. Tower• fed obmirtM Wa dowttlood {ran AMD E SoaBh. Wopn 1a East Demanthe mdt5tarxom or +brp bre asst stria a Saeed PhCO°mtrclitnasr Ila Ofla a ss EEa SCR 617).+ e°oradnstb- CAUTION: It Istheadder's/ at 2300 FVI' a{y0 Arerx°cp�tie, Faint Rad CSR TIO St. Lade Ct-aeo-i PrP athetesgre bility, to Mrnce. flalda 31462. (773) 4. RoNA Coamtd°B 71/.7D ore teatved Xt Me IF - 462 1700. arts.mmea ion Department prior m the olds ms be eRher staged a hath de m the SL lode Cm°eAntay Pnrea_ s'aAfing Depart, 2nd iloa• Ronmp'ataaD, fort eiSeCelree m �.aa iu bi(IID. w®hed. mu. bidder ed. The Board of CoumsY• Com- Msstwters resines the right m wake ety IMomalitles a and irteRdMitlefire)ettam and all Eids which are anary dere, condtlorhal. obscae, Or allowed for�faIn P aoreokci lCoM er°el a - :VC-posai woad' best serves tla Camry. FaBMs• RFPs. Addenda mfa- matlm, Bid Rawirs and aro" Intormatlon Nsitntped SL lode a °Mstp.st-hwicle.nlus 11 SG m e Cgaky/Aff2018rmat'rvc Is en Equal 0 tmi t Achim Pub.March i TCN.1967167 18.01 Vacant La At 1%Calanbm Street Sebastian. Florida Th'The sty a Stbnsttan seeks fa n vaarht s'm°It farttry rhmm here, Seat 19B FLdham Pttbe March 25. April 1 ant $2018 T 19"686 tea1 ticounq loft' da t tienrryy 021,10 OARD N rot sadsfr tris rtgdrtmmt Mardh242018 COMMISSIONERS ST. UIC1E COUNTY. HORIDA TCN.1962499 BEQUEST FOR PROPOSALS state Sealed Proposals will be receive at U. Pvtlaslnp Sat Depnrbnent. 2700 Virank Avmup. Fat Pieroe R 37%2, until 2s1PY I�rr,� tlme m Pen Houses thee. . AptL s' Me'tar the rol`Is°ow+"np: rAwtu cAaBSrs Esso \ / 1 \ i I Btn�adn � FW es For$ale Sewalb Point IprttCSEINALLS POINT �inarpR�1A ne"I"' Doturs dd 11- bed• rr°0fnm °eihd t% ttwo bath - Fenad backyard with °oa ucn a st°re8�' f a399dsOW (7721288.7751 VERO BEACH 1� LAUREL CONNOLLY 772.234-5060 SEDONA PALSIES 039 Greenleaf Circle 36R/ZBA/ICG, Oppeenn Plan, Vaulted CeiOngs y�$�3jy99x900 l_/eer,i ir° a os-Fum ^ VISTA ROYALE ISL FLOOR Vista ,royale 2 bed2 bath Flrst Floor. Exalimt cadi- Crortfdl)) hrdslKdS117A00 CallVISTA HARBOR - Waterfront! t3oe)523J5)3 1st floorlst Loa, 2 nlslKtl. mLSB/a796 os-unfum 1st Iron apt,r lakefront 7/2/1 pored, neaclubhouse. tit• Mttrc } inter, 0004 with updet• kitdm ant PlaaaOon shutters. Askirq 3169,900 Call m -s9/9%/ owrdtouse/VBWs-llntum, TAMARA CAROM Beau• tlfd 2A laksvlaw rfia 1150 ets. SF. Upgraeed Walk -In <IOfe counters tern aillnps oramm rAum.1 the Sas. and catch twre�sl x.s°G (m)u�6n-9109 r�a¢+rtarvtsmv't�Ysy/ OCEAN VILLAGE V!eryry nice 2 Gtarmran uuddS MtlhtM• ds. golf cod n tastam ocean view. Large saemed (alto- m. )stn stonpe score ant Nwere parklrm. G If .m s,d m.paas and nn oceaarom rtstaurerrc make rot perfect resort IiNrq. Nttw Dolt 5227,SD0. Cao toe IDM foeL ae.ta Raer P.A. (777)151-SCaB anufaztured Homes TanOkweLad tYrePEBe Home Sacs me Brand New 207 8 3/2 16[66 Cell TRig29237 fa Pdd�rtr➢p Inlhdae FM AvaIMOk �m Quai'dkd tTa R_ WHISTLING PALMS dt. •ffiRABAUK , Ohl wtreconditlaad, tl EISA°° obo (989) M328 orSale By Owner 1aR.2Btt 2 w wr+9e. mw carlxts In bedrooms. Uk pbaarapeA Ikon, mw water nter. Wanite counters, m i)olf curie, 799 NW S hurerd Lan! SL lames S2TSAOO (9105I2-9I5I ENT L PiereeOhOiEST Has tenants C -AC Only r oro inqulrim. m2)83N10A Cm f IBR �6DGRanyal Art CW toxo (3s) rat f ate y Lots FERN RRL PEACE [STATES Simple Parcel fits / Plots a a Crtmatlon Carpeous. IrMMes DMO°• Roan for Beeth , allowed) S25 REDUCED& { Its 19 OBO (T12N86-BOSS Its 19S00221 EE: 10 partrnents. Unfum. thww.ceIBR/1B�A 2�8RAf�SBA rta\n a m21166•ls 'STY Towralmte ComnunitY 2 Bedroom, Pool 772.186.0091 Wmtho TowMormfLn tSAM OmeSFUHIIShCd MARTIN CO. tXMMTOWN 1/2 ,"Z 55+ MH DOIF catminittyy all antarllUes. heL rest, pAlt carts, pools, fermis, oxer• dxl. welkin laa¢zi 17625E leaseDt uUD. F/L/5 Year lease. (772)676.1929 PORr SALERNO - Waterfront) Best New on the Mamtee PockeU 7 brat slippss) Famished /bOAbNlcge covertd park p. Reduced) 9s Doug 561.308-71881D 1915608 omen Unfurnl5fttd HOUSE FOR RENT - m limison lane. 3 d1 d w pampa.mthnice aM r�epappatntaosti r LS (77I)721•lfi21 teat ws'ItrY eremt adIindAm 10 kebao55f Is.5arh pe0o �/heautlful Parking /I/S(S)21212-0972 PALM AW CrtY COST LL - 36 BATH/ ICAR Uaumished tame withlarge deck woode klrhp I Dor- woodM uHi In -Gated corratarnt� m A oro hOmesita f2600 Aavb IaNat° (772)6119626 a Iter Nmmn AM OaNens liWaaoA AsfoclAla RENTALS Let MeRentYour An�aLSe.M. FurnisheMalurnished Barbara Foster Reaftor (TTI) 7133068 (7n) 234-3450 ext. 2020 �aol.eam Yero bArg Dn\ D W ult Assoc. ST (AYES GOLF COURSE - PT S/poll TLUSSNew in -bomapntM21td' /2 w corrh- mehiry.nk.woo410seran pNatla dub Ind w/°col rade 7V tends S165P FM tb pas/unoklnB U`l6)159-782fi SMART RENTurAL • Beautiful 3 BRA aatlt Ine in a path ((Gy�OLF )CCOOrUURrSE commune - (S )IaNEAo furnished RISA IL411 Naas and Gad. Real Estate tavlam a Aaadams Lepak La21. Black 14 Unit a Seek6nd fltd lllattetegleded pot tdgold.Browse �tadc0apseis-la"o-a'ae°ttwfkr F�y� aboutandbeft*t0grebit. mMe: Incmdes n ppaar fi ttcaleodiii sa';treeC nuatihrrme In, std a tapped well for Possibic IOMscaDe trdpatlm. •iertm: All cash tit tlminp. Tro atrwnt bed shall ro rot .Lha CIty a Sebastian.Ten suatssM adder will boar all amts, fens and expenes of dmirlp, irtdWlrq brdterape, ham. -The 0 Ithindays ofbid An Appraisal Repo ,sett- � nq en nPpralsan s'alun a `� .. f7DA0° Is nrateae for Mew. �rn.yy •me�-wIITiniti tit Ycmh ,vdi mtsyarinserthanymthinkTFith THSy Wtgf2tt'I& 1o�alfiecls STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, dally and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer - Ad Number Cooyline PO # 4637SS - INDIAN RIVER COUNTY PLANNING/CDD 1953101 NOTICE OF PUBLIC HEARING Notice of a Pub Dates March 18, 2018 Sworn to and subscribed before me this day of, March 19, 2018, by :y �C who is Natalie Zoll r (X) personally known to me or ( ) who has produced as identification. — � " v� f q 42mmo Karol Kangas Notary Public , KAAOLEKANGAS Notary PublIc-StateofI&& ' CommhsbntGGl2WI . `•:Ohmna,:+•' MyComm.EaplmsAd29,2021 Banded U Netlond Notary Ate, SF $ SUNDAY, MARCH 18. 20/8 S TREASURE COAST NEWSPAPERS is on Proh[Nolunteer to Sales ST. LUCIE VOLUNTEER PAW BEACH ESTATE SALE' A of tha UNted Way TODAY 9th -3:00 pregr.m 7'rsd8bna1 and modem hanF M $t.IrSia Iur....conUve Aslan {tyke BOYS & GIRLS CLUB OE SLC (UrnR,ura Onck ccootNfee Tisa Boys S fdrls Guth of rabk DY KnrI SPori�per end SL luele CAllnty H a youth ter table h Mttrltt I llow:lopment a9nnixatian. Er enuell lellove Bxunt 1!I and au mission Is to emMe Star. Droe aMecdan, I IlyounR geode cspacia0y Derfume hottk>Neren4 wn tend trs most to _'ar i Dr!nu Ihens, reach tlrdr fuR tentlal ns Books, rv9t rOandUNr; s pardmA I. tats yDWoDcltlie'MG.Ctr ofdKaatNe a¢eisarlei are sc<kbp vel tMrs to see lM endyMtm al ar Nton ro hap out yoNh W W Wkeistican thieve nademic success. KefstlY E1111 Sole irIDtryy For more information please 1501 Georgie Avenure, WP91 un 772.460-9918 a emall �u Si rtdreeves fsle.arry Monid, 9•A EvnrylNng'a TREASURE COASTFOODBANE pieedtosell!Oakdnredos- BankTrans- rrls IacroCoasttFF� etkmatertah �o ttn� , 22 Gdiefegmucy on arc Treasure iA�ten�an antqun Runan oan prolndlrp mNloro of BR seG_Uore!ml)910-0251 pounds of /oN k over tso Mha and echoboxatlens Uarun, st L1rdn. Indian R(Va and OketMobee Comr- Plus BBs seMnp It- - hose In need. We are6;leokbu9 la and otlsremrteedrst t Dodry goods and to -111, Do95 emerpclrey rood boms for BEAUTIFUL MALTESE vekrarrs. seniors, J:arepean Dle.dSRS school pantdcs end Pet Pan• XtaOh CeN Iry. Monday•Fr�day.9:00 AM SweelApddly. Ca fa IC Nonn: 1:OOPM-a:00PM, Ddm tole 77fri6•]f50 end Saturday hours avail- Dle for group vahmtcen by ��po�ntment ady. Uurt vmar dosed toe shoes. Please 5571 0 tact Casey at (777N89-5676 or cyyaban� oodbenk.oIn W�IeARC5EnYAY VRLAGE • Vdppucen• CavaOer quRCNdni =tare Child ­t dat Volum 'creat Compallon&TheraDv! Iters All h sort doth A4•year females housebroken, In he othing. d/ shots, hlth cert. !2,300. Also g lvm pups 51515 ea. assist w e client hop- Tet' 7179052766 1 clop. Shl/ts 1 7., Urs hmrTsamMaecom J res nom IO on WNms- Wsa/Ml./Disc. da from 1A. Seed d to Wluntems nm neNN to Ur Weekty meal at AKC Dupde.``*S%!'" wks 5950. Matthew's Cafe. VolPn- (771)S70. (`7Y7)S18./757 teens are needed betvac. 1a46a:30 PM en Stmdaynys. Fa Mlom/DaA BOtbssMb, contOaAcctItn7)),2S074odsttertraddg-0 GODS G�(CAY IfOREVER - 561sa13I91WPB Of)pp¢oss end Cats Forever needs In' tem to help ureoSpas %- sme . cab cur rntlYxl'roJ )n AKC, 1 mos. health cexw n e Ne KIB Animal Shdta shots,SISDO (777)911.575/ The key to selling your car starts here Wheels/Recreation C) Place your ad online at Marmo Reach the locals! MI 4 j a� Is & InStructlOns BECOME A CNA! B HS1ME Rnpuirtd 1 A 2 Week Uasses • Also Phlebotomy A HHA Cis (T72)It82.1218 NItalld -1,101 ushtesS Opportunkks 31' CONCESSION TRAILER Total Renals m on Weeds. hadnreraftn&aIvvideQeLlc. (7L6)5S4flf ate. WANTED: MEDICAL OFFICE SPACE TO VB DI MdA. M21155699--6869 - e1 fL' Pets FREE RARN/STABLE GATS 772.56-2287 'fiara9D yak � rage Sales DAMAGE SLLF MORE SOUND 9113 SOUTH EAST SATURN SL tIATMoarols. MANa StWrA• Same Inusehold Item. JUPITER FARMS 12640 169th Court N Sat I fir y 5. LarDe yard�i0.aFMIWI•M fum., nen nun. STUART SE Westmhrter Place • March 224. eM10b mNU alIDMO.aN WillougMtuB7y Olen �t Me (n SEW Dm rt Plaa off of W!naugh6y Bbd. STUART - 2701 SE JANET ST SHm lhtSuns.. 0PAe t Anisle �S. Affv'ent lterm tldrp. tools, STUART - SAT 117, nam'I'M Indoor Ryymm-ma aBake Sale! Stuart Aniance Church. Milli Famfy. 445 SE Osceola SL Vi O BEA HR -,At 8.2Camm Salol 77th St betw•cen 66th Ave A Sath Ave_ Mdlipl h.mes, trans, art HR dear rafts &Bazaars to Sales NERSLYMFW P17RUff AD0t18m ud wond desk. Breuer NarmenowerMn vitt dr IZI Stora-R(i eht/oAt .. .7n•717-�Dto miD7m MOUSgfOID RENS • l:egOp fa � DR 7ys, an0 .F12515)570.509 WHOLE MOUSE LLU - Lhdrp mt dininG mt bedroom sets 072)985-6927 & loft of rtdic. purrs &Ammunition 3 KNIFE"mow RUY3ELl-TRADE March IT & l8 Sat 9-S & Sun. 10-/ South Florida Fabgrounds, PCM Beach 7 m1. rvezt of 195 on Southcm BNd. Gncealed Weapon rs Coues Ip d 2 duly 321.777•p55j OUSeIlOid GOodS I BOUDOIR LIGHTS • Like new $IS far all m2NI8-2211 unt/Fish Supplies 5 OIL FISH TAM[ • W/ stand A,rr:ess. swo c91wt9-n66 MF WAGON (LASO - 7 of red, sUS I l Finn - 072)312.2092 ewel rY. Costume/Flne FINE JEWILRY WANTED: Courteauusslarys pPat. Reacher and.ad_ZaB 56JZ_GG22 ed EQulp &Supplies MIOBIIITY .0. • Pdae GOGo Sport. 3 whttl. 1 yr E�ns�y 6msscmbly f C M 5600 77b,77A193 1905447 POWER WHEELCHAIR PKG - Fron( arSk swsirtp-I5c 4.11nwbWhalerrcl- • ar t ehah. erchandisC • MIsG THEORLATBOOSS- 54 Volumes SlDO TKE HARVARD CLASSICS 28 Vdumes SSO (T72)7IIATN iscellaneous FOLD UP REACH WAGON use(77i)MIT' Blue neva d! $SO (77i) 18. - 2144 FRENCH BULADOGS - FrenM Bldl L. pnpplo. tVrchrN. 180 /1 GIREO weaks. dc-wormM. henfh To dnlwren• To aaahtep d�e111 svb ullle�s� hoR,com m7)BDI-m5� STORAGE UNIT CONTENT SALE Vadery: sectl.rW touch, Calif for (7 2ek 11331 Call nor apt or:)m9-)332 WHEEL BEACH CART • LIKE NEWT Used 6 times. SSO (772)791-1715 porting Goods FTS = GLAR - 1 Ser rods• 3 ryTwmnoo�� 30r reds. 5800: 3 surf I.Ift poles, Sao ea: trd4 In9lures; r d- boating Gear. 0/2MS-6937 �O nr)ourlcements TREASURE COAST AUCTION GALLERY CLASSIFIED Public Aurelian DEPARTMENT EVERY Friday at 630PM no nrnweomtruct(on, of "Rur�ty OUv Deadln submiltedby Property OwnNr. MVISIr,tlan Bui7rnA logia(• m & Used Home Goods, CAR 7 72-78 3 325M,52& 2 11 Tools, Flnnittnc & Mom open M PM tcIuctionlhs",com US Hwy 1. PSL P1 ­speak r3 ry & d Nog 89305 (712) 359-1100 threg when left Ya run cNc A phone numb Lie AU/620/AB3435 Your ali w0 be rM1nnN the order ft was racehed. ways ePYLID A CoonpnMg Malpm ►Estates 1 dace Bargain Bm ads FREE! In ps h made welch Imdudes 1 "" and appraval, 9f an the ttnthmmy and MdtoKm .. 1r Rand peso MMa `F1e mea 5662-s2.5ass BtaddlIlnes fa Tues thrau are 2PM Bre d HIGHWAYMEN Were" " Bcatton. .aRennick in. for sal emden ABSOLUTE IZ-noon. Gd 12 AUCTION! Oeadine for Sun edition 2PM, Fd Sun. YN 1B' @2PM ..PM Fd r Mon ed... ctlon/Puhlic Sale BELOW WILL BE SOLD PER Fs.71SIDS ON (01/23/2018• IIAM) AT RSaSS. Kanner nth AI Stuart FL 33197)- (1 ELR VIN /C'3JdR271102]869)• TENANT, (IOHNSON, CYNTHIA JO March 17•Maroh 70. 7dM TCN 1954797 Dtice Of Foreclosure IN THE COUNTY COURT IN AND FOR INDIAN RIVER COUNTY. FLORIDA CASE N0. 312016C000IN2XX%KKK CHATEAU VILLAS CONDOMINI• UM ASSOCIATION. INC.. a Fbr- Ida not lar grant mrpnntbn. ITalntllL v. PATRICIA S. KROS, THE UNKNOWN SPOUSEEOF PAT s. IROS, JANE POE, UNKNOWN UNKNOWN TENANT IN DOS SESSION AND N POE.. UNKNOWN TENANT Ni M POS- SESSION DEFENDANTS. NOME OF SALE NOTICE n'CtHinEB10Na to eFaWai Foreclosure dated J.mnry 2, 201R, entered in N. 312016CC0O!06U7KKXXXNICase X of fisc County Court h and of Ilan PNcr , ydrerdn County Fled• .1 CHATEAU VILLAS CONDOMINIUM ASSOCIATION. INC.. a FlorlOs rmt fa prof- it corPonHon, b tM Plain- tiff and PATRICIA S. IROS. TRS UNKNOWN SPOUSE OF PATRICIA S. IROS, IANE DOE. UNKNOWN Www','; POSSESSION AND JOHN DOE. UNKNOWN TENANT M POS• SESSION, - the Def rdanm ast In the surhn from Ne sale, if arty. other than lIo (xoPerty oWror as o} the date f the Bs onndens, must file claim thin fid days after the sok. The Jeff,R. Smits, Indian RNM Cour Clerk of the Cir. .cult �ddcr farad to he WY e 20U, k the NGhcsl hldder fa ash. Iry tlectronlc Sala t Into .Indian-riv- _fJor edeseramMdeK. elm beglrming at 10.00 a.m. In accordance wtn section isn3L Ne�sacsdhsttdat a� inn Myy as ul forth In saiddiritnal Rdpmnnt h wl: Ihft Lunn VtLIAS. A CO DOMINNM. Mcord• Irlp to the Dcdaratlon M CONLunn recorded In Official Records Book 618 t Page16ta of the Pub. lic R n,. of Indian River County, Florida. BARRYG.SEGAL P.A. Ynro CBnN 04A. G•33962x Tek (172)561.5557 Fats •(772)567.5173 E•mnn: hnrty®veroheadr•Ww. am g/gsy/BarrYeg G. Sal it G. SEGAL Florida Bar No. 79773 Pub: Mardi 1l and 18.2018 TCN 1941291 blk Notkes CRY OF FORT PIERCE NOME Of PUBLIC NEARING 7hc Ciry Commhsinn n/ the Gry of )art Pierce, Florida. puRuiM to Ury Code Sec• Uom code of Or rM ces of tf tic Code al Mdinaneen of he Uty o} Fort Pkree, wn on Prrbl c All ln2tlw IUoltyd Hae CD.mlulan chambers, 100 North U.S. Ill. Fat Plmce, FloriOa, n tlydr mentlrp welch M at 6:70 Pm, to amk• tt folbwrp blit Notices apdiatlon for Conditional Usa wN l0 1rcW amtnK:- -a- submlttN Gwen. T-== ondtgTrideat d tlRopueM�rt�/AMa�n- ae DWd .n -p R�mhl�`.ZT511d u l0G WlndWard Ddvc 13103. tFtyyort Pince. R. The propeura- Mealum Density �Aeldentlral Parc D: 7507-BBaal- 9-000-1 All Imerestnd partks may atpear at tint rMpYectltnp amt ppgatloa mlor�COMitia..] Use. Said Application VAR be hvanabk for Insneetlon M Uc UIy C eI OI City NM. IW !)Orth US. 01. fort rce, Honda: to accordance wth the Amer - lam wth Disabilities Act and Section tei �veracom Wlltlgi disaabild. idcs ngmNoula n t Na City Clerk's M. Itt 072) 16T-306, at least IB Nun Prior to the meeting. Puub Pllactl/B/2f1181ty Clerk Mane 18.2018 TCN 1957441 Wheels/Recreation Buy & Sell fast! erowncesuesauln ucb J"""""" "" M construct a-95 rot (199 (end wlhe near) .a snt0etw cr end expc. .rl.. kase a mpnund. The tower vAp be 6t The tower will De located at 465 18th Sheet. Vero Beach, Indian RhTr CauntY. florid. nl l.etl- tale 17' lS 01.%"N end Lon• Studs 00' 27' 5261-W. mtnr- awl persons ne arevleWthe applkation mane u wwW.lce Gov/asr/applicallom Dy mte r- irrgg foe form -Se Fie Number .1099305. In iron- persona Ce slab about the mW ern structure Oy ItRmrlgt s 6cu�atd laE.An.=tal NeNewwth the WnrFNeFCC): latlons urrdsslon on (FCC): The FCC strommddyy Bomar• apee�nmxNlnkrcstN partes to filo Review OnllnefelmtrocHnons for making ach filing can be found oNrrx ai wW W.fcc grv/ A/emirorancnbhmunsl for Intercrted 'B rtl�tDat -,Id atrof me bl RMewUtabyt palter copy Is `CC Rtatlest far EmlronmontN RMaW. Atte: Ramon WIIliams. 115 12th Sheet SW. Washirlphn. DC 2055x. Gown Castle IMtm m - pab I— Try Interested rty on the timpact of the irposh utlon on a- ds•- lr a:, cites. edwi o-rc ture s 1Ior aibiAe�cgtr 6i ..i.W_t In lied orN determ ncd�telU1e� de for list) m the 11adokA Ml Register of Istedc rPllaaacred. Irlgg the pur tIs b ava0abla DDyv Iilnp fA iaa Gambilro af7Z4116.2SI6 durinp normal business lours. Comments must be recalved at Two Car. rate Drhe Canonsburg, PA IS117 bV IR. 7GUL Mareh W. 2010 TCN 1997711 I nkyGes&Skatm (hodr-ruU-ra t. Res(cw and apprmal, of an 1 Indian bNcr County. RhealnNo�o�ntyCormrds- Oe 2016 to SBP 2017 w.P.1r 1. narmayu application for Candutipnal Use wM lon Chambers the iwo Important no nrnweomtruct(on, of "Rur�ty OUv Deadln submiltedby Property OwnNr. MVISIr,tlan Bui7rnA logia(• A.E. Backus palmi 1 r� Milestones 2PM Tap N.WeW IPA, A cant. little Nat 1001 77th Strce4 Vero Luminaries TPM W A1gels lenm(np Aademy. Tuesday. To be sed M Beach, flaHOa, on Worship Sues. 12PM llrn M ReOresenhtive CynUu. Apol 3, 2018 at 9:0p AM. RanHighwaymen An AUctbn RESourco SPM O'Cnon I1 to openk n W Vow Ne Ws 12pM Fd fac8iy� IpcatN al 116 Alryanc wo maY WsA to Bargain Box It N Tib fort d %n. PMtM at IPM Street, Piero• FL appeal arty vrhich Volun(nes 2PM f Toe moper(y Is ionad Genera me be made et this meeting, eanmerdal Pared ID: to Uat RenNckA.U.-ro (Ca) WW red enslw a ver- G. onlina to TCpalan m to 2410A03A018.ODOR bad. nsoro of tlo proceed• ol.mrd.f lrsmm� dace Bargain Bm ads FREE! In ps h made welch Imdudes 1 "" and appraval, 9f an the ttnthmmy and MdtoKm .. 1r Rand peso MMa `F1e mea 5662-s2.5ass Iic Notices _blit Notices blit Notices $1.50 MARTIN COUNIMS .aRennick TRA_ -1011 11 UPDATE State of Fbiidn DubOc Tnrolt ebck PrpglramlAMart!n County PaformenKe measures For Flsal at tnrO IUltnoaS am AU15 Year 3016/2017. Performaroa meastpns or" .PTY' Mardn County PWllc Transit rased route. tanmuter bus and demand rnspeme purchesN tramoortadon scrvke. Fiscal year 201NM17 reported below. per atfndmont A of rho Seta oI Fiorida Blak GnM Program. The solrra da• umrnt fa dw measures Is the National Transit 01111,12e (NTD) report suDMttca annualy ro tic Fedcnl TremitAaNNstrndon jj J ADULT FOLD OP IOCWLE • SSO Oel 201516 SCD M16 Oe 2016 to SBP 2017 (772HIS-2111 GENERAL PERFORMANCE INDICATORS CNNB N RSI 3 PASSENGER TRIPS SITE - Men's 36' New tires! 55.731 71,593 REVENUE MITES SYS. m2)4449654 TOTAL OPERATING EXPENSEf1,3144" 4%98 019.956 SIA is OPERATING REVENUE $1.310.472 $1699539 tldreWs nems vEN1ClES OPERATED IN UATIUUM SERVICE WHITE CRIB• LIKE KEW! USED BASE FARE DEMAND RESPONSE 10 SLAP 10 57.00 1WKS.S70(3P2)2564%4 FIXEDROUTES II.SO $1.50 COMMUTER BUS nee Merchandise EFFECTIVE MEASURES 52.00 1200 E PTOMYa dg lr=ldonton REVENUE MILES BETWEEN SERVICE 37.730 L2.19S 107 INTERRUDTWNS Uerl DAYS A HOURS OF SERVICE AVAIU9RITY TMA • TOOP 6AOA • B:OOP Umit111C EFFICIENCY MEASURES ARE.YOIRENOUOR CABIKEr- EKSE DER DASSENOER TRIP u4'!g 174 Mmhp.S70/prM2)219-3355 ULAM"ATM IS. 201! TCN 1957679 w/ - 4F I SUNDAY, MARCH 18, 2018 1 TREASURE COAST NEWSPAPERS rc ®Trfans ortfation p A tot PLue. your ad wflh us. Cal! 1-877-1472607 B1ty & Sell Asst! TCPAtM LooMeds the tesflmom and evldmnce • Ims m �po eh W. appeal w0 be aempt or rLiem em aH an Olds In wlvKe hi b part anti iM Boar v1 Caun Com- Vif74 ROYALE 1ST. 8000 Vista Qeyala 1 I bath INDIAN RIVERCOUNTY a waive Am techMNliN m nbado^ers reserves right Irregularity- ro waly. arrtyry iMmmanUes m mhrorhr war nes: ndectam MIC I- FL Eycellent tom9- tlon. fdN Fumished.3117A00 flora. 6 52J•I573 BOARD OF COUNTY COMMIS- ONERS BIGNERS PURCNASPIC MANAGER and all Ol�s which ere incwn- plea. cmdltlonal. obXure. or B er 0. O'6ryan, C2NIr• INDIAN RIVER COUNTY Dub.MarN018. 2018 wNch unaa additlom int Ezf TOOLYty+ n Much le,1004 P.... _... TCN.195 .news E m rgat any prgsal In whole or m "THE OF PUBLIC NEARING (NDIAMS pert W or wNlrout cease: and atteptthe promsalvMdt SOUTH BEACH •Rip price NoOu of a pubs Mari b Sailed bids will be received est serves Um Cauttry. eduction on this 1st fbor Colonnades cordo with 2e uttsldcr IM doDtlen oT ofr` tS0111A awatyYotm SubdM�on , by prison River CM IF tmUl For Bids.RFPY.Addrsda inter- 2:00 D.M. WednesdaYnMtion, BM Resldts aM other Asrl 1 2 Each Old soap Infortmtl.n writ the St, lrck k the a huce. et the Indhe ian River bdldlnRs ta0vtfreo�ntl Uubhouse par Mian River Cnunry Plat Bonk 10. Page 60 rsuant a red env' oD� INte sihall bcaratlle County ,"sil We0 Slh at httWAuwW.00s 4udo.n.us pod.temds endo reazonabN.pdeed deepWa 171.101 of tba Fhdda Satucs. TObnyyh aydlcatlon h remestM card address of the Old- der anasn'(the outside and the 8p1ppLp�r(due�Courdy h an Equal AT ter marine. NaW pfdY 397,500 L ErrAmk. -" Rmher (270�K� L(G121e uW rirp at whltli Partlea Interest and c1d. 2lnashareuopportuniry Q1CNT V.h0 TINE ERTEN• Acypp Eptltya/Ayfe(rmative SON AT KTN AVENUE ud BM L/uch 18. pI8 Ne. 217889-• Bds should M TCN.193801818 anufnctured Home$ to M Mar MAR M halo tM Boar of&t' - ddratsed to Aechazing OM- ASbn, 1800 27tH :treat Vero danerso11nd4nRZCmmry, REu7nEsr Wv ppUAUrIGA- Beach,Horlda32960.Allbids 710Ni L me Florida in the Counttyy Comes- Von CbamMn'el lha Caunlyy wig r -d pppky and P.M. ids TAe Ievermd SwMk Irons Sales baa Admhdstration ewldlnp.lout- 1801 27th Slraet Varo read a o 11:00 AD ppW Na.18.46 eGJved after 2:00 PL-onthe pretlSsleaal'eesaain9 BraHNew MIS3/} I6'K66 ed et BNch, Florida. on Tuesday, rot M Rod EeglaetdaR SeMrn esY speclDd above. IN" M aaepte or considered. Port Cerl%=S'IG'N Ca11772d82-tl371or pdU�tgg In4muse Fina I Avdladc AOr1112019 et 9'00 AM. INDIAN RIVER COUNTY (Ceriuvlap centracO to Ou.1!Ikd�Wersem ww.T YMP Tho gat ='cation AWWpplkatbn fit .1 the eSCooryb`be0vd- pment DeparbnenI located In tha County AdMnlstratlan Build, A 1801 27th SlfecL Vero Beach, Fbdda betwern the hours of 8:30 nm and 5:00 Pm On wecirays. Amorro who may wish to Appeal m dttIslen. which may M bMda at oda meentlg. wgl nae to meura I a Ver- halim rttor of tM INaeud- ii t s-maM erdhewdednc`'' 6asdpan.Cb Ilrc appeal WR be INDIANRIVER COUNTY BOARD OF COUNTY COMMIS- SIGNERS BY-S• Peter D.O•lh Yan Chale Pub: March l8 aH 25.2018 TCN 1953D99 Cquest For BMs PUBLIC NOME S.b tw CddiNbe SDIQC mA.2elale RFO P==dim of SDIRC twit's mina acrd-- Ofnplon mr`rseruel Eon`dpro)eet3 (nonuns rfl mamger at i em othei _*%In.I=eaiartee2- cd Iry tllc astricc:�}UU} for the D - nu`bnilt tAr`ii`Hr qualllr{call/en�s heir iM /rdpbwl�y eaecgodes: t. Z ellmattdwCOi: aoco I Ac 6I Ddninngg/Irga.- 5. f Site Vb k. The Red tMs1 roc Our nnca- inii�al�ar�dcM(edurr(mn°das �t�t°d e than 2:00 Pm. on April 1.2018. A oMondeC tomMe go1`a svD`iurtew•AmlaHw`slearrcarn hor�try contacting Jeff Carver. NOTE: ALL PROSPECTIVE BID- DERS/RESPONDEN IS ARE HEREBY CAUTIONED NOT TO CONTACT ANY MEMBER OF THE INDIAN RIVER COUNTY SCHOOL BOARD, STAFF OR OFFICIALS OTHER THAN THE DIRECTOR OF PURCHASING. Jeff C.rnr. Director of Pm- Ilunl q 60556TH AvenVe Vero Beath, R 32967 772.564.5050 Pub: March 11 and 18. 2018 TCN 143824 AOVERTBWENT FOR SA "'I'-.n" otlmh herahy pn'en that M IndllztyRC " issloy'1 h iDing -inane revueztirg bids m tM renawlrl� tPeim 'I.- Od er 27 Nm�nto-cru� Det.ned twifitaticn, e v.Dade at,• .deme• Star- orWmn[K' I Punctual Ion et 7'C) 226.1416 or purchasin gov- �adlibmnnemfo�telcdp3ptsM W� �Fved o; oar efareJWAc be Considered. BI Jim sandata hould be sddressed a purchasing DM- lon 1660 27th StrCM Vero Mil`hbe eperaaedl pubildy aM read ebW at 290 PM. ads subod nW of ter 100 PM on tM day spedfice Above, wDi ret M opared or c=derM. aTaMrMladliry. IoNtM At ills be ncussSi6 el •fes` Nawtnp on Mar: fi 2616 at 8.-00 inn BID SECURITY In the tum of mile. than flue percent (59U of fM (27041 bid must acumpa- m cath tad over S75,000. Tle Beard of Count y Comnds- PROJECT NO. IK -174S INDIAN RIVER COYNfT' OD Na "U"39 PROJECT DESCRIPTION: Pro- Pined nnraled umNt s of the board'Oight tinea b11ircn`9p��� 89b Street (CRSID at 66th Avenue (a p-haanN 490 �t debadDDt9 �M resvdae• of eaMag aspbaR pare• Peat, Gere 042704 Ronin. tyro- meet maMeps, 9raGep aH aeedloq. All metedal and egwnpment /unddHed and a➢ usnrk per- /omed iltl 0, acme dance Seth 0 04413. sped- umerse�ooeerMinirp eti-to available 11at wM`wuweMAdem fid 'groom m by Purchasirp OMslon ate�771 136-416 Pr Pur<haslrp Irc- itlo�rlsm•mHilce Imm1. tom Is nlld SMI, be dbected t.IRC Pup• abash tlr'sing Diwdmr at corm cgm.mm. AD bidden Shan submit one (U o;rel'nRdarc m otM TO =Stom .Mheoelo.GNenet the 0unsestl cN InduArr�pq�tltdC finuroal statement.81D SECU PRY must accempam each Bid. and must M In tM form f An AIA.Dncum " AmLraIG13ha122y tlxHl4Dor end btllfed check oir. shiers check, drawn Wm bank awlmri2ed to do siness In the Sate o1 do. Bid Security must be in the sum .f not less than Five P- T = erteat (ssL1 of .W eohamumoIanIa.m mtYnf tract is award a th0 Biddmt Bldderw111' In a contract with tM Coun{tyy PH lumish tM raeOoww d I001L uhlie Censtruelion Bond VAthin the timeframe set by M sn�d2o-Bid Nasacudry shnn IklwdatM tha C IT s as oetrdty- mapN ane rot The'aunty reserves tM right b delay awar' of the'an- tract for a pedd at naery 00 days aftm tM be open - g. b wdv. lnroroelitie, In arttyry ed. m rmlett am or .n hi0s b wMie or In part with MWtl2ntrt uuse/or W a<copl e bid -bath in is lodgement win scrn tM test to-arNt of IHl- Rlvcr taunry, FIMdo The Ceunry MAID rot rclmburse A Bidderfor b preDaratlon to Sts. INDIAN RIVER COUNTY LBV.1unHer Hyde � 1la m"`r TCN 195.5115 COMMISSIONERS ST. LUME COUNTY. FLORIDA GLL,F-OR MM thed`aluridcMWE sfnp Deparc"i"`amren4 23M Wrplola Avenumy Fart fticrm, fl 34981. unto t00 P31.IoNl tlme on WeOncsday. Aprll ll, 2015 tin tM IdlovArg: IGD Ile 1HIs I=AHS DELIVERY AND pKTAIIA NOF ONE (1) MODULAR Ho1A Bid doenmentav be obtained via download Dom TnpStarSPm `cVir1g Ihd oTDee of NAcbaslr. Deportment W.300 2300 Wr Ina Avemra, Fort 46241700. ��• 34951 (732) ttids Hey be cfV eMINd m baed deYvered b M st lade Cevnry ParcaWeqq Depad- 4 1384 VhpialA Arena', Sad deer, Raem Tri, tart Plerce, R SNa2. Aar tads ad JimMnb tM .boreart bidder , ret omedatae Bid documents may be obtained via dowrdoad tom mm3M-.dStarm m M atBmmml ,cotiro Office o/ Ina NttrwwvhasTtq Olvhlu at 2300 Fhu _ds.4987. F (771i� i 1700. S. I, m = IrrdomxDtle, to re)ect em Ars all RFO au0- ah.andtoueryceepN pl RFO subtnitta�a west in Serve t�ihe WMit linen t best seM1c CAUTION: I Is the bidder,/ praposars rMpom(blllry 0 that bids/ProPosals/ PoSuaTI cJd1.,t- -1&r 'vd b they dddnpdtlr fid above. Rued ora bid/ n v iinm�edoeN tarot tauarr ads rmwrmer. St. lode [ounry is An Equal OpnarNnitYoAlhrm9if. Acton Em0p1l ymr. St. Luele County Board of eu tm�ey�eop Bsslnners TCN.I9SIMIS al Estate 0 $pen Houses J OPSIT MIN. 1.4.730 SE Saler. no Rd, Stuart. NEW 412/2 on Ssacs. NNS aP10395118 MPnrtalMw trete R�e�or5 omas For Sale MOUSES FOR SALE - 0301 Mlerd Ave.S95R:6703 Saler- Rd. $135K: 6601 Ft. W.Iten Rd S149t,TMlmppks,motl- valed sdler (77A159.39J6 M W CT - 712.512 home wanM dlen!Attordio• ShVlfara. mwm ronl. 517IT' Ooeea Den so o Real Estate d ibd6 VERjfiO BEACH LAUREN CONNOLLY 772-234-s060 SEDONA PALMS 839 Greenleaf Uccle 388/18 Opppeen Plan, Vau M CetOngs (y�5�1jg99.900 L/uwi outs omes•Untum 1st floor aDt lakefront 2M -td. Haar dWhnuse. It- d Htm,pool wla updat- itchen eH plerdadon shVttI Askirp 5169,900 WI 7/1.591-9561 VERO 'BEACNoe 11y,11d b lzineadIf11yien- Brs�6S� COMMUNITY MIS. Min- utes, I^n utes to beach a y g 511.900. Cell Keith 777�117J INT WEB ID 1991435 or Sale By Osvner SBR, SBA, 3 Nr 4ralle, new tefpen In bedrmrru. LDe pang's rem. n.wwatet Neter, graMta coumtmrs, I cause. 399 Oe S Jame. dna St. J $375.146 (IOSINI57 SEAGATE HARBOR PAW CITY - 308 18A,Carol not U saDi�pS2)6oe 3t ts/Acrea9e ra Sale "NAV ONLY 6 OU O PICK ESTATES LOTS XT TO PICK FROM! f4866"531e1 DIG( BETWEFJI 5 ESTATES! hide bt� tNorth USI b 134 SL or d25 t FLAGS on U51 SANDY NoOE REAL ESTATE Q74S844837 meteryLots FERIC IO L PEACE ESTATES 9r�c PaartM fits 4 Rots or e len. Gorpcous. Indudes hedge. Roam For Bench. Trema hews! REDUCED! S2SA00 080 (771)/ e.eoss 0/900271 d2addi!*M �,. 1 partments _ Furnished UERG"BE►CN 'IBR: T.Ib'deT�'n: 3rd 0 wl0 ba Mrry; Laurdry room. 5650/mo. IIl2 164 St eeilm•s�9-den_ _ 2 partmenIS-Untum. t FnB�A ffi%RR2�A rrww.CarteEViage.rret (772)46fi-1505 iownlrome Community 3 edrmm. Pool m466-0091 wwwwnWbocat�haMtc eines Furnished MARTIN CO. UOIANrOWN 1/1 In 55t MH Goll tommutt2y all emenitle(a�, bd. eezt.. pall azo, walk4n licu?illt6iu Satse�77)678.1929 Y`ar PORT SALtRuo - WrtMronl! Caw- on the MaNtm Potketl 7 Mee to iumished lM12ba mgt eoNefd perM 861-308-3 369 Doug 561-)08-1488 ID 0 191915608 omas Unfumishe0 NO=SE FOR RENT -4731 -sin Nang J be4� bath, i tar garapc• leve In yar, nlu ptfrpmwn.2n0epe,0r0paa wand R3R(71ulf;-1s31 nth. 1E �/I2tbBaEACHgmJcH1WY� �hpdp!tayn RNer I to Mt: SS fiver wow..0; gm wUand tm parkbp FM Ind (5SW 7773 ndos Unfumished M2. ESVuw_sF^9Int.8 upl./MuRpIR Unfum South Stuart, HIM. becks to eHarnrv. 212 ur gissttaulydeisa I�wweOQEM`n h' wa. s°`soo "rOFn�s (772)160-9618. ch Rentals VERO REACH-BeWnhd 2Hftr. 2122"Gorgeous 1 112 Mk to South BeatTh. grounds, ttalMess, 0g4r04-914, pmcelaln tile. Pool tli761rouse. W/D In Una Ila{urn )6961 $190W-.(712)6%-2169 00mmatCS STUART-11.0-toaham tvm.212 Acme o1eL Net. 5651( MtbN91i'Fn Ooms Fum/Unfum VERO BEACH• Attractive Mdrnom In urge flnmc w/ senened ted. ba . NeQ. can (72156 Ind 21100 f.01I1111eIGaf ,0j, uslness Property/Sale SEBASTIAN -omce S09:99D Ds kl Oulck SaItl 772.7L1:SO71--J reharse5/Ren2 OS EOLA PHARMACY BLDG - 1635 1411 Ave. 2 sepe"' .,GFid n�.f8 aAD oinro S' Moon Ask Im Gary musm4d71 pprtatlon.Q�"i Autonwhlles for Sak CHRYSLER 2011 .-rt. Ible/retractible hard {pp LTD Es Gond(56to tradm 11K ml f11.950 1)676-1588. O A - 023. Hatch. back 544 ESSEX lama ices. AC. AM -F7.1 NtSe MlntcordidoMSX mi.SISSG (605)265-1145. HONDA ACCOQD-'10.i roup', lMoads, sun71t.Ilhr, f8600 o(20UON7I uok�i LTo E �mnm, 25,500 ml Good urs. sv. beck f7900. (771)225+987-9 ERC000RrrYec 00 rRidVeS4900 oho (712 19-39M. ports and Imports BMW {f/S _ JOBS. CSI Can. vertlMe An -PIs I. SI6AW (772)787-5971 ERNROaTMIEffW ASK od., ert a dean. f11,910 (272)572-7327. Wheel Drive DEEP "ANOtER . 0'"N f 17K (772)288-0589. port Utility vehicles DEED LIBERTY let • MIN. 4WD Loedea!DkG- owner. 33K M. $12,500 (772)3234722. NISSANROGUESL • 2810. 8 fI, N send, all bb 8,300.(978)806-5750. TOYOTA TACOMA -2001. 1801K M new Uras.nms t. cddac s7K oba (3.sz�ut°iaus ehlGes Wantetl AAA AUTO ANALYSIS AD Makes- All Price Ra Wa bury Cars, Tnxka 8 hrntn er. Est 1981 nz 9707 CASH for your umvanted or un car or trust - running or not: Free pickup. n2 -s79-39043 AIRPLANEHANGAR-Forsele. Vero Beads. 327,500 m21ss9-4041. The key to selling your car starts here Wheels/Reaeation 0 Place your ad online at loealfieds otorrycles/Mopeds SCOOTER - EJECT. - Full dm. VDc. SDO M. brad rew bat- teries.5600 (716N8564Q.'^ W. dassiON`TdFV S�d3. R Very dean (772)98S-6927. parks/Resortycbrn' RV10TS S400/Month .Utilities, 55+comm 386-23349097 or 305-338-5063 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: Ryan Sweeney; Senior Planner, Current Development DATE: March 26, 2018 SUBJECT: Ocean Trail, LLC's Request for Abandonment of the West 20 Feet as shown as Additional Right -of -Way Dedication on the Plat of Hideaway Cove Subdivision [ROWA-17-11-05 / 2000120037-80055] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 3, 2018. DESCRIPTION AND CONDITIONS: Collins, Brown, Barkett, Garavaglia & Lawn, Chartered, on behalf of Ocean Trail, LLC, is requesting abandonment of the west 20 feet as shown as additional right-of-way dedication, on the plat of Hideaway Cove Subdivision. The site is located on the east side of Highway A -1-A, approximately 800 feet north of the south County line (see attachment 2). The subject right-of-way appears to have been dedicated as 20 additional feet of right-of-way for Highway A -1-A when the Hideaway Cove Subdivision was platted in 1980. The applicant owns the abutting lot (Lot 1) and the other two lots (Lots 2 and 3) within the Hideaway Cove Subdivision, and has requested that the of the Hideaway Cove Subdivision plat be vacated through a separate request. If the right-of-way is abandoned, the applicant will combine the right-of- way area with the plat vacation area, creating a single f 1.77 acre parcel. No other property owners will be affected by the proposed abandonment, as the applicant currently owns all property abutting the subject right-of-way. As required by the County land development regulations (LDRs), prior to the Technical Review Committee (TRC) meeting at which the subject application was reviewed, staff notified each property owner adjacent to the subject right-of-way by regular mail. Staff has received no objections regarding the request. At this time, the applicant requests that the subject right-of-way be abandoned. 281 ANALYSIS: Consistent with guidelines established by the Board, this petition was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the subject right-of- way. Recently, all of the subdivision utility improvements (i.e. water, sewer, and electric) have been removed and/or abandoned. Therefore, all reviewing departments and agencies indicated that they reviewed and approved the request for abandonment without the need to retain a drainage or utility easement because there are no utility improvements to protect. The proposed abandonment resolution does not include a request to retain a drainage or utility easement over the area to be abandoned. The subj ect right-of-way was created via the Hideaway Cove Subdivision plat, and is labelled as "20' additional R/W" on the plat (see attachment 4). However, the dedication language shown on the plat does not clearly indicate if the right-of-way was intended to be dedicated to the County, or as additional right-of-way for Highway A -1-A. Highway A -1-A is a Florida Department of Transportation (FDOT) road. Therefore, the abandonment request was also reviewed by FDOT staff, and FDOT staff have approved the request. In an abundance of caution, the applicant is requesting that the County also formally abandon any potential rights or interests in the subject right-of-way, and to execute the attached County deed to convey the property to the applicant (see attachment 6). The right-of-way width for Highway A -1-A varies; however, it is generally 100 feet wide from the south county line to the south city limit for the City of Vero Beach. There are two short segments of Highway A -1-A where the right-of-way is 120 feet wide. Those segments include the subject right- of-way segment and a segment located ±315 feet to the north, adjacent to the White Surf Subdivision plat. The White Surf Subdivision was platted in 1978, and the Hideaway Cove Subdivision was platted in 1980. Since 1980, there have been very few subdivision projects along Highway A -1-A south of the City of Vero Beach, and it appears that no additional right-of-way has been dedicated or acquired for Highway A -1-A. It should also be noted, that widening Highway A -1-A beyond the existing 100 foot right-of-way width is not projected in the County's 2040 Long Range Transportation Plan (LRTP). Therefore, the 20 feet of right-of-way is not needed and County staff has no objection to the subject abandonment request. The County Attorney's Office has reviewed and approved the attached abandonment resolution and County deed for legal form and sufficiency. RECOMMENDATION: Based on the analysis, staff recommends that the Board abandon its rights to the subject right-of-way and authorize the chairman to execute the attached abandonment resolution and County deed. ATTACHMENTS: 1. Application 2. Location Map 3. Aerial 4. Hideaway Cove Subdivision Plat 282 5. Abandonment Resolution 6. County Deed WAI PETITION FOR ABANDONMENT OF PUBLICLY DEDICATED RIGHTS-OF-WAY, STREET, OR ALLEY Ocean Trail, LLC , hereby petitions Indian River County to (Print full name) abandon a 20 -foot strip to .A -1-A, adjacent to Hideaway Cove Subdivision ,located in (street, alley, road, etc.) Hideaway Cove , Starting at (subdivision name, parcel ID#, or tract) and terminating at laying adjacent to (or in) Block , Lot , Section , Township , Range - , as recorded in Plat Book 10 , Page 60 , Public Records of Indian River County, Florida. The reason for this request is (should include intended use of property): Owner has purchased all lots in'Hideaway Cove and Lot 21, Kansas City Colony and will be combining them into a single parcel for .one residence. This 20 -foot incursion is an abnormality on this stretch of A -1-A and creates a disruption of the property's A -1-A frontage for which there is no justification. Applicants Name (Please Print): Bruce Barkett (Collins, Brown, Barkett, et al) for Ocean Trail, Address: 756 Beachland Boulevard, Vero Beach, FL 32963 LLC Telephone: 772-23 4343 E-mail: bbarkett@verolaw.com Signature: Date: �{ _ List of property owners abutting the portion of the road requested to be vacated (if any): Name (Please Print)' None other than the Applicant. Address: Telephone: E-mail: Name (Please Print): Address: Telephone: E-mail: Name (Please Print): Address: Telephone' E-mail: Name (Please Print): Address: Telephone: E-mail: 284 18012Th Street, Vero Beach FL 32960 FACommunity Development\APPLICATIONS\CurDev applications\rightofwayabandonment(nemaO16).doc 2 F� - rb a 0 a 0 F3 o c cgot r� o a o c pop O O Nj � p O p O f] 8 P � � fV p O Q $ 1 3 o o 0 4 r�tit 1 , O Cd CC3 lD 00 N � U W C Q O 2 d O F O W W O Q W f 10 W ¢ u Q u O 2 C v?'¢ C W o } 2 2 W 3 N 2> i O 0 ¢ NJ �2 U LL jLLY 2 W Qm Q4 N 21' I -K 6000 =F LL COL �W k W ¢O QO Oj WO V NYF O fi C « O LL LL W O W } _. 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WHEREAS, Indian River County originally received a duly executed and documented petition from Ocean Trail, LLC on August 15, 2017, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to the west 20 feet as shown as additional right-of-way dedication, on the plat of Hideaway Cove Subdivision, per Indian River County Plat Book 10, Page 60, of the Public Records of Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board fmds that the subject right-of-way is not located within any municipality, not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: All right, title and interest of the County and the public in and to that certain right-of-way segment more particularly described as follows: A RELEASE OF ROAD RIGHT OF WAY OF THE FOLLOWING DESCRIBED RIGHT OF WAY DEDICATION: THE WEST 20.00 FEET OF HIDEAWAY COVE SUBDIVISION LYING EAST OF STATE ROAD A -1-A HIGHWAY, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 60, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. ALSO DESCRIBED AS BEING THE WEST 20.00 FEET OF LOT 20, KANSAS CITY COLONY SUBDIVISION LYING EAST OF STATE ROAD A -1-A, PLAT BOOK 4, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY (NOW BEING INDIAN RIVER COUNTY), FLORIDA. Lying and being in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated (see Exhibit A attached). PM 2. The closing, vacation, and abandonment of this segment of public right-of-way is in the best interests of the public. 3. Notice of the adoption of this resolution shall be forthwith published once within thirty (3 0) days from the date of adoption hereof. 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. 5. The subject right-of-way shall revert and be combined with Lot 1 of the Hideaway Cove Subdivision. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of , 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan , Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 289 I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS MM Stan Boling, AICP, Director Community Development Department Notary Public 290 SKETCH OF LEGAL DESCRIPTION Legend & Abbreviations: (symbols not Legend (NOT A SURVEY) for size) EXHIBIT "A" FD 518" IRC N89 24 22'E 703.20' (M (ILLEGIBLE) N8971'14'E 529.14 L P) 20.86 (P&M) (REFERENCE BEA ING RIGHT OF WAY 10' EASEMENT O.R.B. — OFFICIAL RECORD BOOK O. — CENTERLINE —10' PLANTING POINT OF COMMENCEMENT STRIP PER PLAT P.0.6 — c5 BOOK 10, PAGE 60 P — PLAT VALUE o � 20' ADDI ZONAL R1W 90 DEDICA ION PER 20' w LUT I w P T BOOK 0, PAGE 60 v TO BE RELEASED N (W. 20' LOT 20, KANSAS 0 N N CITYOLONY L fNG EAST _ F S.R. A A) ( IN FEET ) Q6 1 inch =30 ft. N8971 '14 "E 159.67' (P) 9:24227- 159.74' (M) CVI OCEAN TRAIL LANE_ 1O �0 50' PRIVATE ROAD R/W N8971'1415- 525 44 f/— (F- .86' M N892422 "E 725.76' M N� 7 Z FD 4"x4" CM WITH G) Q G� ALUMINUM DISK O �- LB#205(CARTER) n -10 0 0— Legend & Abbreviations: (symbols not Legend scaleable for size) PLS — PROFESSIONAL LAND SURVEYOR CR — COUNTY ROAD PSM — PROFESSIONAL SURVEYOR Sc MAPPER R/W — RIGHT OF WAY LB — LAND SURVEYING BUSINESS O.R.B. — OFFICIAL RECORD BOOK O. — CENTERLINE P.O.C. — POINT OF COMMENCEMENT M MEASURED VALUE SR — STATE ROAD P.0.6 — POINT OF BEGINNING P — PLAT VALUE (OA) — OVERALL NOT FULL AND COMPLETE VATHOUT ONE ANOTHER. GRAPHIC SCALE SKETCH OF DESCRIPTION FOR R/W RELEASE lili 30 0 75 30 - SKETCH OF LEGAL DESCRIP77ON - NOT A BOUNDARY SURVEY ( IN FEET ) North 1 inch =30 ft. PROD. NO. 17-008-ROW/R PLAT OF SURVEY FOR: FLDOT DWN. BY: C.H.B. DATE: 01-02-18 CKD. BY: S.A.H. N MERIDIAN THIS PLAT AND REPORT ARE NOT VAUD WHOUT THE SIGNATURE AND THE ORIGINAL RP.ISED SEAL LAND SURVEYORM OF THE FLORIDA REGISTERED SURVEYOR AND 171.7 INDIAN RIVER BLVD, SUITE 201 MAPPER NAMED HEREON WHICH SIGNATURE AND VERO BEACH, FL. 32960 LB#6905 SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE PRONE: 772-794-1213, FAX: 772-794-1096 NOT FULL AND COMPLETE VATHOUT ONE ANOTHER. EMAIL: LB6905/� BELLSOIITH.NET `i ` PA OF 2 Atrt:�ivnUiS:'.'F_�.{t2_pq.14T.��CF.tF.n:Fvi�^St'�'_"� Rt:_.S'cYf::.£�REV w9.naer�itiEn:�:.in 3.�+snu.C¢��� SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Report of Survey: (Project # 17-008—ROW/R) # TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY • THIS SURVEY. PERFORMED BY: HOUSTON, SCHUU<E, BITTLE & STODDARD, INC. LB: #6905 d.b.a. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201, VERO BEACH, FLORIDA 32960 s PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. ,#5755 EXHIBIT "A" Legal. Description: A RELEASE OF ROAD RIGHT OF WAY OF THE FOLLOWING DESCRIBED PROPERTY: THE WEST 20.00 FEET AS SHOWN AS RIGHT OF WAY DEDICATION, ON THE PLAT OF HIDEAWAY COVE SUBDIVISION, PLAT BOOK 10, PAGE 60, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA- ALSO LORIDA ALSO DESCRIBED AS BEING THE WEST 20.00 FEET OF LOT 20, KANSAS CITY COLONY SUBDIVISION LYING EAST OF STATE ROAD A -1-A, PLAT BOOK 4, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY (NOW BEING INDIAN RIVER COUNTY), FLORIDA. SKETCH OF DESCRIPTION FOR RIGHT OF WAY RELEASE PLAT OF SURVEY FOR: FLORIDA D.O.T. SKETCH :OF LEGAL DESCRIPTION NOT A : BOUNDARY SURVEY THIS SURVEY IS NOT VA6 WTHQUT THE SIGNATURE'AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER NA OW. - CHARLES H. BLANCHARD, P.&M. #5755 ^^^ PAGE-2—OF 2 MEERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SHITE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 EMAIL: LB6905@BELLSOUTH.NET SKETCH :OF LEGAL DESCRIPTION NOT A : BOUNDARY SURVEY THIS SURVEY IS NOT VA6 WTHQUT THE SIGNATURE'AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER NA OW. - CHARLES H. BLANCHARD, P.&M. #5755 ^^^ PAGE-2—OF 2 This document was prepared by: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this day of , 2018, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, party of the first part, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and OCEAN TRAIL, LLC, an Ohio limited liability company, party of the second part, whose mailing address is 3333 Richmond Road, Suite 101, Beachwood, Ohio 44122. WITNESSETH that the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, its heirs and assigns forever, the following described land lying and being in Indian River County, Florida: A RELEASE OF ROAD RIGHT OF WAY OF THE FOLLOWING DESCRIBED RIGHT OF WAY DEDICATION: THE WEST 20.00 FEET OF HIDEAWAY COVE SUBDIVISION LYING EAST OF STATE ROAD A -1-A HIGHWAY, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED 1N PLAT BOOK 10, PAGE 60, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. ALSO DESCRIBED AS BEING THE WEST 20.00 FEET OF LOT 20, KANSAS CITY COLONY SUBDIVISION LYING EAST OF STATE ROAD A -1-A, PLAT BOOK 4, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY (NOW BEING INDIAN RIVER COUNTY), FLORIDA. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk APPROVED AS TO FORM AND S AL, FIF - I NCy By WILLIAM K. O SRAAL . DEPUTY COUNTYATTC?RNEY INDIAN RIVER COUNTY By its Board of County Commissioners By: Peter D. O'Bryan, Chairman BCC approved: April 3, 2018 (Official Seal) ATS N E T2936 Ocean Trail, LLC Right -of -Way Abandonment Board of County Commissioners April 3, 2018 0 alu- 1 Analysis of 20' A -1-A Strip • Not formally improved • Not needed for access • No additional easements being retained • Not certain that 20'strip went to IRC vs. MOT • FDOT has no objection to ROW abandonment • County deed to convey to adjacent property owner (back to original "dedicating property" 4 C-2 t3 - 2 Staff Recommendation ➢ That the BCC abandon the subject portion of right-of-way by authorizing the chairman to execute the Abandonment Resolution and County Deed. a�L:l - 3 Sketch of Description 1, FR 519 IRC H69,427E 703,20' (id j e (! EGIBLE) 971 14 'F -• PJ j la r7�u� 9� y , • ',V PI-ANTING �1 u ` STRIP PER PLAT 111 BOOK 10. PAGE r' �OEi51Cild Pk�R jt �, >' Pi. I'ac'm 44, I,A(, i, vt} .. ,1 r;- �.-{ ITO 8� PF] FASF0 h , fvs'. 2u LOT 20. WNS(!S CITY CG'LCNY LYING EA, p SA, 1114 , NB9 7 04 "s',' 159.57', (a) �X} TRAIL LANE ........ -- 501 PRIVATE r,'O/"\D M ,31rEW...5 4 4( j1S��1, '� �� SZ}ti1�?��KOz`kx'i:M VAT1 i"3 il"�` 1` � tfFc2R7 ("AKt'fiRl a�L:l - 3 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published In the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal - has been entered as Periodical Matter at the Post Offices In Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 1 Customer Ad Number Coovline PO # 463755 - INDIAN RIVER COUNTY PLANNING/CDD 1953101 NOTICE OF PUBLIC HEARING Notice of a Pub Dates March 18, 2018 Sworn to and subscribed before me this day of, March 19, 2018, by i 7 who is Natalie Zoll r - - - - ()0 personally known to me or ( ) who hasp roduced as identification. Karol Kangas Notary Public •NAr""••.. KAROLEKANGAS Notary Public-StateofFlarkla Commission tGG 126041 -PJF My Comm,Expires1ui29,2021 „a;�,,,• 0andedlhmughNaVonalMotaryAter. - 2F E SUNDAY. MARCH 18, 2018 1 TREASURE COAST NEWSPAPERS Te Dn ProAt/Volunteer Non Profl .,..tearto Sales �mihlrO iNY1F15TdRE CASHIER need- AW BEACH �STATEBiLLE' NOUSER01 ITEMS • Ceinnp ed for 4 holo SNN 1.3 times ST. LUCIE'I' UMd TTQDAY 9:88.7:00 (a scam., DR 7Vs awnsmJs LLL���:_�� weekly. Duties included Apro cram oftbe UNted Vlay Tradhbnal and mod em fur 41 ap°d more. FA (515)570.5091 Wclom!np shoppers, sales, iit-LudatauntY lure. deeeraUve AdantMa promotes genet' a acoept CCYS A Gin_ CLUB 0 SLC Nmltwe tpla2 • - :tiff} W!tgLE NO05E SALES - Uving AUttlOn/PUhRt Sale dpruutians. -The goys A Glris tutu of reek avrpt, dial mL bedroom sets. BL•UNGUAL RECEPTONIST St yule Couns a youth ,ar tabl�vom MmAtl a� ° BELOW WILL III PEg .___ ____ ____ dmm omm�nt anb.tian_ rm.,.,,.r ,,,,. .n.... 071)905 927Alots.}mise. r an m.. R Greet th their t Must service v dow.0ovnNrSauA. nharit:bta -.-penixatlons AUCTION GALLERY aarryY�� in Martin, SL Lucie. Indian • • • I for than PSS Maliy t' Man Uw Sat ,D RN. and Okeedmbo Couo- Ues zeMn& these In need. we c Inoki g for pets / DISK RECEPf1ONIST to anmmr ed direct am d direct Y7arphOuse sart<rstofnspMt rim d sort canned gods ed pugs Ito cost dpriol, aiis(Ayp(a dry popds and m assamhle mcrgen<y food boxes fm - BEAUTIFUL MALTESE! d provide ataH rids• fans"ms, vetarem. seniors. Earopean bloodline, 18+ school pantries and Pet Pan- try. Moday•Friday, 9:00 AM NeaUh0 dined Sweet a Caddy: Gh for ONIST-daacal,com- Kent vcA atelepI- tOd"Saturdeyhours 0avnil- pA«Ialo 77D116.3958 Rec�ary fa rbcs DF ven an ad D able for group volunteers by AUCTION! Deadline for Sun edition y _ IPM. Fri Valu seas cul w fact Casey a �) 89 9676 ppdiy ro cope( ytppkMry�y tarn AdesionscasonN or ccq9abat oil karg. GRACE WAY I, LGE•Vopl_c. CRvaller Kln9 Chariest L G t { ChJdm .t Volun GreatCamtm.C'Thera y! AYCWB VISRDR-Ar ry 5 10.5. Teem Vml• taers will help sort cloth- AS -year females housebroken, holt, high cert. f1300. Also Ino• lana dotttl1lno• d/Sl57� o assist with client shop- es. )P MWNTEM need. cont love working in pin9. SAilti of IS hours Teb 7?2-MS-21e6 formysunsM1lneeam id sNtll all Mds of MuStbepMessiam4 vallablc on Wednes. �YYss tram IOAM2PM. Also. am needed to VIsa/A1C/glse 1 ad 1Aedl3y•. /hours •k. mustbe 3a+ volunteers - aur weekly meal a[ AKC pwpN's-a vhS384I Ws3eJ7n :SOC Wanted res lhAR MatthaWs Cafe. Vnlun• C771)538.6916(7 must Oft SDR. North of teen are ne�6:30 PM aneded between Far �gyTT11E0EGFDPI-"Ali� :H ^pd�dr. yebe� coractn(772)915 04 or slattedr_d Ua N'Itq, Clme 0 blued vreeMy. Gcod inlo(>lmaawawlllape.com wits SSSD as WPB apaakor ca enable wed. FIeYIMe rocas DOGS ND G1T9 FOYREVER - peps d Cats Forever- ad, %1-4131913 - e able to stand for 40 vog ^tears t° help care for certnnUytli gg s art emem female. AKC 3 cops- health carts/." list and cats j,;tpQa a No Kin Animal Sha fat shots. 51.1 (711)913-9191 tQQtl ate needed g¢ncy to help famines tloth'up items. COVnL d Sancttnr Please suh- Mt Valeteer App"cagon d pxW i z' pro- on-line at WVJw.do0sad t catsforever.eomNduntmeer eretrand)se to dicata. SpanLsh g a plus Must .tad ao Rduringz ft urs iim Volunteers on he se •Icor. Jtnt a favi gggggAnt!gUPs 7.. 'IEdu[a tl A.CT1 E • ART WANfm maMred. Location Is I Courtous Palm Reach buy. eTC MaLL HELPER needed to ddldro ed families Sehoo1581n5truetlons sok- quaRry palnutgsim seW�Dtum,ptass-ropo eeceli "ve I-Irv.TlNarry, nooks Spanish AG�u.,r"m art. Pr_- . old )V7:7o-Sa FA w LrotAMMEA needed ad tinges at local �ECOMEACNAT� NO HS/GEO RCWired 1 A 2 Week Gasses Warhol, ate Masts, Lt1lIirlezc antivauat. I_.2 buddAas. CaI15612d1-0111 Lys Alza Phlebotommyy a Ut VO NNiEERSeA...m www.CNANNA.coon '211&24.. The key to selling your car starts here Wheels/Recreation 0 Place your ad online at Reach the Iocalsl flttarNJal Q : Business Opportunities ]Tool Re"saanO"an7whecls wide UC. nrol�Sa/C. Fi tate 3�915 WANTED: MEDICAL OFFICE SPACE TO SHARE/SUBLET - VB Dr. McMn (772)569.6869 F#ee Ads �� Free Pets FREE BARN/STABLE CATS 777-563.7287 Garage sok e Garage Sales GARAGE SALE NOBE SOUND 9443 SOUTH EAST SATURN STSATMUIith, I1m-6 m. is.,,_,, so!tots, MAN SIWPA some household Items. IUPTTER FARMS 12640 169th Court N • Sat a Sun, t-5. larg�e yard sale! Collectib es, ions"e fitrn,lml cellane661s ` STUART SE -Westminster Pace - March 21, 70tH HAM to IIPM. Hauge. amual WiWU-fam!ly Forego cal. In llougghby Glen. SE WOstminit Pace off of Willoughby Bald. MART . 2701 SE JANET ST SarltaivSun, 8-3Anlhuas, d!llemlppNsR.ouasse STUA Id or RumLmaga&Bake5 le! Stuart Alliance Church. MWII Family. 44S SE Osceola SL QFieldstone"Bench Comm Selo 77th St between 66tIh A. crafts. art Hth A H Eely a rafts 8 Bazaars FStafe Sales NEARLY NEW TEUPURPEDIC Ab!tJO ltd o,ddlwood dtiesk. dresses nice 11 Id cozy VhelrW fchhr&fotstool. ero Boesch Store-Rlpht/Odo Q B69. 777.117-7070 (Household Goods ) 3 BOUDOIR LIGHTS . Uke new. SIS for all (772)418-2244 unVFish Supplies SSGAL FISH TANX - wt tend A a<Cett. $Joe (914)919.7168 SURF WACON (LAQG. I f rods 5175 for .11%-! (772)332.2093 Jewelry. Costume/Flne ` FINE JEWELRY T ANTED: Courteous Pal Bracher buys designer. anllaaue. and modem Call 561201%222 Med Equlp 8 Supplies umannY SCOOTER . Pride Go(I Sport 3 whed, I yr aid. lake NCWI -'_ Cad! aassyy Smssrmblyy for 'raved. 5600 172.577249] If0540 POWER WHEELCHAIR PKC - fr6nt sit•In. Ioyslidr w/dec- trk swing2way chair caM- 51500. RedWno Ilit Chair. Si50. 072)985-6917 Merchandise -Mise TIIEol BOOKS - 51 VVolumes LIDO 7HHARVARD CLASSICS 28 Vdumes $50 (771)2312791 Miscellaneous FOLD LIP BEACH WAGON •blue, aver mad! SSG (772)418- 2244 FRENCH BULLDOGS . Frandl land puDpie6. Purebred, 3 BOYS/I GIRL, LO weckm do -wormed. healN Gal ace�P. I.=ote� esavD�uln Qs co� 072S9d .1"11 STORAGE UNIT CONTENT SALE Vaaety. sectlow! ouch, addit hpNtum A.1" Call W IPL (772)209-1332 WHEEL BEACH CART . LIKE NEWI Used 6 times. SSO (772)794.1745 -porting Goods FISHING GEAR • 4 Sar rads, l 7Z,mrtp 30s mei%$800: 3 surf irrgg luic IZ4-, boatroll graib gem. 071)9852927 AnnaurrremerAs O r)nouncerTlents TREASURE COAST I FL, ha prop.ty Is Ione Deadline for Mon edition 1 General Cammedal (G3) Pat- shah Rade an opportunity he 2:30PM. Fri col to- 21I0201207B1100.6 he heard, win be held M the _ Board of Cour% Comm!ssion- nReview nfarD Canditionni of an ilove oddal the Coundflialnty[oor ommisy rMra•FrbaMlktryn pplirallount Use with no Wer mtru.U.n, don Chambers of the Counttyy Other Deadens whmilted by Rnperty Oemer. AdMNsbationBull ding. lncaf- AUCTION GALLERY CLASSIFIED Pubnc Auction DEPARTMENT EVERY Fridayat E30PM Renn(ck's Highwaymen ArtAuction Neal A Used Home Goods, Tools Furniture A Met. Call 771-28i-5152 Y.{ 011 7 2-293- IS2 #4 teauetionWUerysom goza spe,k dotty a d 89305 U5 Hwy 1. PSL )359-1400 Unctry when leaving in rca code a phone numb Lie AU4620/Ag1135 Your call Will be returned Uwm Buying A Consigning the order it Wu received. _ Fum_ ituro A Estates 1 Deadlines far I" throw HIGHWAYMEN Fa editions are ]PJJ the r before Publication. IGGla6r/Gn tl Mf sp n`CSWrcbescE aamtnu .:erWeetl fl: elsylctaN 7ad 016/7017 below, A the Sate Florida Back Glint Propr, Toe source do<- Daadlmp for sat edition ABSOLUTE IZ-ooh. FA AUCTION! Deadline for Sun edition 7:00A•T:OOP IPM. Fri Pub: March 17 -Marty A 2018 TCN ISS4791 !Notice Of Foreclosure J IN THE COUNTY COURT IN AND FOR INDIAN RNEQ COUNTY, FLORIDA CASE NO: 312016C0001062XXXXXX CHATEAU VILLAS CONDOMMI_ UM ASSOCIATION, INC,e FF1I r Ma of for profit corporation, painti". PATRICIA S. KROS, THE UNKNOWN SPOUSE OF PATRI. CIA S. KROS, JANE DOE. UNKNOWN TENANT IN POS• SESSION NO JOHN DOE. UNKNOWN TENANT IN POS- SESSION DEFENDANTS. NOTICEOFSALE NOTICE IS HER2Y GWEN our• swam be a final ldpment of 7, m18.senterd 1VChA`1U 2 No. 312016CM 2062XXXXXX of the CW my Court In and for Indian Pivcr County, FlaA- da• wherein CHATEAU VILLAS CONDOMINIUM ASSOCIATION, INC, a Flaada not for rof• it earnKR oraU the ".In - 1111 a d PATRICIA S. OS, TH, UNKNOWN SPOUSE OF PATRICIA S. KROS. JANE DOE. UNKNOWN TENANT IN POSSESSION AND JOHN DOE• UNKNOWN TENANT IN POS- SESSION, are the Defedant& tVn daimlrp an Inter• a the sof I. from the sale, if any, 0Ner than the ampertyY wmn As of the date of the hspcnde must file A CIM. otWi 6o days after RiivverlCounry Clerk o"ft tIndian e it a!t Cou 'fesellthetheMgh- st bidder /lir cash an May i, ]010 to Ibe Mghest Milder for Cash, Iectronic sale ,t nisei: mesion-tiv- crrealfor a m/Idez. beg!nNng It In 10'00 a m n accordance with section ISA31 FloNde Statutes the Ienrgtyo �npeae o� i s"alalapn o ludgmnn; t° Wit: Unit 5. CHATEAU VILLAS. I CONDOMINIUM, accord- ing to the Dodaratlo 6f Oodoeco recorded In OfOfficiall Records Book 6)8 t Page 1618 of the PUNT County• Flloridaldian RWer ='.'I ARRY' SFA AL P.A. 30%CardirW Dr!vc.SWtn ]C Vara Beach. Florida 3]967 Takphmc: 7I) %7.5551 fa<Nmne �ass7•nn E -matt: bury®verabeach•law. coal /s/ Barry G. Segel NRY G. SEGAL Florida Bar No. 797]] Pub: March II ed 10. I. TCN 1947291 eubllt N.ti O CITY OF FORT PIERCE NOTICE OF PUBLIC HEARING The city Commiszfnn ai the CIN o/ Fort Recce. Florida. tyo.I t t6 I Code Sec- U6ns }I-]5. 11-76• a iblti tt u,o cedes of orainanrns of he city of Fort Recce, will on it n A PuMI< He.A BGInithe City Han Commission Chambers, 100 North US El. Fort Pierce, Florida, attheir 10 mecwhich bel esroiloxlr •to onsld• 1. Review and approval of an ups. vAth irofar conosirauiclo^� AnLmnyy Maannnino, AGF cant. ..Ilya M" Mnemes oopereie a 50 MacNne Arcade Amum• -1 Confar. located at 740 Orange Aw:We. Fort Plarca In accordance with Ux Amer. :camwith Dhabaldes Act ad Sm Uoa 18616., Floada Stat• di utas persons with disab111ties g9 Racial accommo- d,Uan to oartl"P,le c this Ctiap shoWd conflict the ity Clerk's Ottiu at 071) 167.3065 at least 48 bows prior m the mec0ng. P�UhlizkaJW/1�20191ry Clelk March ifl. 1018 TW 1957411 0 Wheels/Becreation Buy & Sell fast! uownr:esuesomn caeca ro- posi to onstnKte l9S of (199 Fect with apppp rtenarlces) f(onopola telecommunica- om LOWet ad expad tbe lease a meowed. TAe tarvar will at fit. t 1WI1 he located at 46 165 Ulafthth S Vano Reach, Indian River County, flodda at L.H. (de 17' 38' I. and Lar &Nude,0, 11' S1R3-W. Inter- ested paRons may review the uapplication opnne at wvww.f- irrgwgtherm eSa Fle Number A1099305. Interested persons mayrraise emAronmental on - about the proposed tructure Tine wt fmEmlr°m.Wh the Federal Communications Commisslon (FCC): TAe FCOstro encour- ages Interested parrt t to Ne Reqauests lot . r tal f.r Ontio. Instmctlons for making such film un be loud online at www.tcapov/ est/amlmTM mailln�l.id ss far Interested �yartles Ihat foWd prefer m ',a a Reaursl r Environmental Review Dy Enhron�idl ReNeOsv�. Attru Ramon Williams, NS 17th Street SW, Washington, Be MSS4. Craven Casile Invites com- ments from ny Warested Party ppoossA i "pin oh<em dihes- uress oriobiects1d1q fs trt in American Flstory. archaorlo. M.an ineea�q grew turethat li 4d ar Ectamdod digl- hleJfor Io. !stiny In the National ReDlztar of Histmk Places. Ing th. piooaacct thnevafhable by4112sica G.mhino at7b-116-2536 during normal business hours. comments must be received at 2000 Cor. po to Drive Canonsburg, PA 15317 by ADrS 18.2018. Mardt f8. 2018 TCN IIS7214 'A0 TIiEOFPU9.0 _.. sun. Mar 1801 2PM FL, ha prop.ty Is Ione Deadline for Mon edition 1 General Cammedal (G3) Pat- shah Rade an opportunity he 2:30PM. Fri col to- 21I0201207B1100.6 he heard, win be held M the _ Board of Cour% Comm!ssion- nReview nfarD Canditionni of an ilove oddal the Coundflialnty[oor ommisy rMra•FrbaMlktryn pplirallount Use with no Wer mtru.U.n, don Chambers of the Counttyy Other Deadens whmilted by Rnperty Oemer. AdMNsbationBull ding. lncaf- Two Important A.E. Backus Ddntl ngst MBestones IPM lbe NWiaw IRA. A pggticant LII,, Cd at 1601 27th Strot veto Luminaries We 11- To be sold at SPM an9alRse to 1,11%vt Cydna. . o ATu ay. worship Svo. 17PM TL' don. 9. 9. 7018 at9. Renn(ck's Highwaymen ArtAuction RE Source SPM Th O'CnnneR m operant a Day- Your News I2PM F m FncRittyylocated at 1.76 Anyone vfio yy wish to N cislon. Photnsat eargaln Box 7PM F 7th Street Fort Pierce. FL. appeal am/ d which Volunteers IPM f The property is Toned General v be made at thismotin. RennldtAucUnnsom CommerdaE (C•3) Parcat ID: w4I head W canoe that a unr- 2110.603.001811002 ofthe bathIs P1ndudes Nor,mdnsARdbnG 0 celearpaln S. ad, FREE Inge made J. ReAew lid approval, of an rho "qti .ry lid aviderrce ' It Roel Who pante -')562.5 m:> sFa sols cab"c Notices Public Notice- uhlic Notices 51.50 12.00 MARTIN COUNTY' .aRennickTRANSPORTATION tLL<noa UPDATE N Sate of Floridaflarida Public Transit Blok Rogra Martin County P.f°rmar ce measures For Fiscal yearPerformance 1811E AUISS IGGla6r/Gn tl Mf sp n`CSWrcbescE aamtnu .:erWeetl fl: elsylctaN 7ad 016/7017 below, A the Sate Florida Back Glint Propr, Toe source do<- 75.195 reported per atu'h , of of ument for the rrl ..as is IT: National Transit Database (MD) report su0m,thd ennuMN totbe 31CYCI_&Skates J ADULT :OLD UP 61CYCLE • $50 Federal Transit Administration. Oct 702516 Oct 20to So 7016 Sep 7011 7 (77])118-2214 GENERAL PERFORMANCE INDICATORS C 1 0510 2P pA55ENGFA TRIPS HIKE . ]Aen'f 16- NCw Urex! 55214 71,597 REVENUE MILES $75. (770111.365. TOTAL OPERATING EXPENSE 4]5.498 St33O/71 149.956 SI.699.519 Ildmns Items OPERATING REVENUE VEHICLES OPERATED IN MAXIMUM SERVICE 51.770.47} 10 $1.699.519 10 WHITE CRIB• LIKE NEW. USED BASE FARE OEM AND RESPONSE 57.00 $3.00 3WKS .570 (202)M4%4 FIXED ROUTES COMMUTER BUS 11. SO 12.00 51.50 12.00 Tee Metchendise EFFECTIVE MEASURES 2 PYGMY PALMS - Dlppup and REVENUE MILES HEfWEENSERVILE away! FREE! (Oa202• 3I,730 75.195 ;acct' INTERRUPTIONS ii M -F M -F DAYS a HOURS OF SERVICE AVAILIMUTY 11m1Nre 7:00A•T:OOP 6.'WA •8:00P EFFICIENCY MEASURES AR11O1RENQUO.R CABdEF- EX.rmn. woad. MulU-uo OPERATING EXPENSE PER PASSENGER TRIP Moving. S70/pr(772)219-32SS March 18, 2019 124.09 S}3.74 TCN 1957679 AF 1 SUNDAY, MARCH 18, 2018 1 TREASURE COAST NEWSPAPERS Tc flaublic Notices J !ReOuestfor Bids J V2aqurstforeids (Condos-Fum J thetestIm y and evidcnco alo0ct0C' or raLdI to t anbey andl an VISTA IOYAIE 1ST, FLOOR upn vb dltbe appeal W1tl be bids In whnld'br In cDart and Tbe Board of eo�nitty� cum• Vista Royale 3 ba0,3 bath WsN. to 08pullarltynY 4ehNWlry or �ofsd�_errryrye lnfarriwgtit at tlon ullY fur6nlstMd S117A00 INDIAN RIVER COUNTY mkorirt IAaritiOs: reject any Call(5 523-7573 BOAPD OF COUNTY COMMIS. PURCHASING MANAGER and all Mig Whhh Me incont- SIONERS INDIANRIVER COUNTY Plete. conditional, ab5curo. or BYa- Peter D. O'Bryam Chair• which rnntain naainom (rot PuhMamin 1&2018 agoVmd tor; accept or re!ttt h: Match 2018 18.TCN.195 arty Proposal in whole at in WOTICE OF PUBLIC HEARING INDIDI UW O 19 dart with or vAllmut cousc AN RIVER COUNTY ndaeceptiheproPazal Which Notice of a publitpohe'adng to Scaled bks will be received �ts¢rves the County' Msollder utlonthe tyo VacaMd the Plat 7:00 PIndiM p010` Wait datil Far Bids. Results and other po�fe HlnO an River�'Cn Y Plat' hedl ohm lt¢d El cb b!sealled! Infonwllon Nslt the SL Lucle 8o k 10. Page 60 Wnt to County Purehesing Web Site 177101 of [be Florida Statues. '-'O:e and shag bear NC at blip:/AvwnvconsgMucle.R.us THIS arilcadim h requested dery on 011, outside and bid- ty bryy ihc, tl Oce T B ds •(CRS( 1 TN STREET =y,rIu I%yAlt native EgV'I LLGApublchear)ng, at Whlcti pj..T TURN LANE EKTEW A[Uo` En ploy¢r.10I' Parties In Interest and ill- SIGN AT GSTH AVENUE and gid March 18, 2018 SCns shall have an o0portunity Na 2 Inco. Bids should be TCN.19S8019 to be heard OR be held by addressed m Purdmsing Dlvi- theBoardorCountyCommis• ion. 180017th Street Vero REQUESTFORQoUAUFlCA - Fllonersol Indian P!var County, Beech. flori0a 32960. Ah bids TIONS orida In the County Commis• µ.1g be opened PubRdl nd AIan 1=ben'ol t County mad aloud at P00 P.M. A 1 bids IF Ne. [6-0/6 dmidsUation Budding, lora[• calved after 2:00 P.M_ on the Prdessional.IstlRinq,phn• d at 1801 77th Street Vero day specified above. WUI Cort Ne dEn9rneedn, Sellas Beach, Florida, Tuesday. he acceplred cal.1,19d. pari Co... cervico April 3,1018 at 9:0n AM. (Continuing centnc0 Z' wet Vacaton AppRcetiw INDIAN RIVER COUNTY Tic 1141, pc ctemn tmtbyty 0Dev0bcl- pment Dapa 1M= located In the Coual Administration Build hg A 1801 »U S[red, Veno edaclt Florida between the hours of 8:30 am and 5:00 Pon on weekdays. anyone ow' y tMah to ppye rraydetf Wfh_.1 In, bell. record 1 theb'proc¢Wod- in the9s tesIs ge end made whkh Ixtodes evidence 6a.. which the appeal Will be INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS - 510111111 BY •s. Peter D. O'Bry n. Ct.[,- Pub: March IS and 25.2018 TCN 2953099 Reguestfor aids QaUBUC NOTICE Ich l District of Indian Rule C0SDI 72M RFQ Pre-gpa01fole. of Centnctan SDIRC Imltes crime contrac- torswho arc IntenestN In bld- dirg on c.ZU-00on projects rk' P' nstructlon managdr at Clio prolehcdlrz and Independent ad by the DlshicU far the D [Ciel In extCsi of 5300.000 to Ibeohmic Ureir qualifBuild'.Construtons fur (rorlpqlowing eetegod_ 1. 2. Electrlral 3. ROofingRl WeII Drflll��ttgg pflmi 5. HVAC 6. Site Kbrk. I].' packet (m(re01-g ed odg- Inst and four coples) must be scaled and reMneead fro later n 2:00pppm. en Apri13. 2018. dovMoadedfr. mg the orMa Demand marrrdslaricoml borr contacting Jeff Carve, NOTE ALL PROSPECTIVE BID- BERS/RESPONDENTS ARE HEREBY CAUTIONED NOT TO CONTACT ANY MEMBER OF THE INDIAN RIVER COUNTY SCHOOL ''ARO. STAFF OR OFFICIALS OTHER THAN THE DIRECTOR OF PURCHASING. 1�SCnnaqq_r. Director of PW 605516Ind Avenue Vem e¢nN R 329fi7 "J.S, 50,0 Pub. March 11 and 10. 20M TCN 1943821 ADVERTISEMENT FOR BID Notice IS hemhYY �iven Thal Z(Mian River C tY Board o/ County Commissioners is cnRing for end requesting bids for the fo":..a Indian River Cavnty Ido xOta nate Replacement on• Detailed >anecintauon, a available rifica.demnd- Pu chasing 0)Wiidn'e[0{77� 226-1416 or purchasingair gov.wm. Deadline fur receipt of bids has been ut fogr brone_ i. o be yl time and date listed` OR the arMdered. Bids should be ddressed to Purchasing OIvI- IOR 1800 271h StrcctL, V¢ro Beads, Flortda 32968. An bids still b open' Publicly and read aloud at 2:00 PM. Bks dabmit ted of ter Poo PM an the y zpedged above, vA11 not be ocen' or comlderad. TNC faTMe 'orated at 1115 earhen Sheat, Sebastian WIII be ecw Tie for viewing on March 29. Mul at 8.00 am BID SECURITY In the sum of .at c iotata'I 0Me muzPercent l zccotmpa- iry each bid over 525.000. The Board of County Commis• PROTECT NO. IRC -1745 Sealed Quali/lceUon padagef INDIAN RIVER COUNTY from gwlifkd ❑Cors or 1. I_ NO. Minn vIdU013 to ppCertorm Profesalon PROJECT DESCRIPTION: Pro" I Cvesoillnq, Planning and y Engine $ervlw -0art Weasloa a/tM1e eikhn9 fr rr In Rias tiff pualificatle0nds bound right to Lzne +lavee 18-04G it far irallons n dc- RSm (avreoiilm':tel'190 ages wRi 6e =,,,L 'the p �Y Purdrasi' Diu a feet iavp{ Improvements CountyBoardofCountyyCom - ivclede mrNvq and resodoo- mizdoners, 7300 VIrgINa Ave• lag d exlAlnq esObah Pave- FL w me. Florida 34982, m at, coA and Dotter, pavo- ti13:00 WM.a an soddln0. rtl09A gilding and Ebub Eh 1me IT-20Ttf, p�un`Ilbe All material and equl men[ publicly declared closed. IUMed and all wOrfr per• aid documents Y be funned shall bein strictaccor• obtained Nn dmwdwtl Iron dare. with dm pans, aped- .Oemandslar cum nunam, and tonaatl dtt- wNny lbe oftke of`Iha Umenls y talnlnp Hereto. Pbr-•chasing Division at noo CoDie9 of the documents ere NratNa Avenue, fort 2)-. avalleble aI: wwnvdemand- 4,1111, 34982. (772) 462 Ptarcom or by ntaclin the 3700. urchasing Division at (»p 336-1416 r purchasing rc- St Lode county reserves Ne am-.. An otter commwl• right dt tvah'e Inlonwl,: .,,an, concerning this bid to re)Mt am' and all RFp suh- thall be directed ta IRC Pur .4. is and fq ac cepl airy RFQ Jradrrg Division at quchas- i bmRihimanYYcombiwIN Orp@Ircgov.com. 11 RI submittals, which in Its le )udduo twill best serve An hidden shall submit one Fnc putJ.,marnL (ot Original and .-JI) copy / the Bid Proposal farms CAUTION: It is the bidder',/ Trrovided wtlhin tbe aptti1""- 0 uposefs r ponslbN'y to [Ions weaze note that the ore lull bks/praposals/ queStimma r. must be filled �udlgcations am' -1V d In out Complately lmlud!nuy the the Purchasing Division Odor Nnandalstatement.BIDSECU- to the date and time spad- RHY must acoomplm/ each city abevt. gerciet al a Nd/ old, and must be in the form oroposal/qualifka n in aj Bfan AIA Dnclw¢nt A310 old char County office does rot and openY execulgd by satisfy Nlz rcoulremM. the Bidder end byY a a al,fled by surety. or n cerUFiedOcheck It. Lucie County IS an Equal or a shkrs check, drawn Opportunity/Avium flue butry bank auth.rUed to d0 Acgan Employer. siness In ehe State of Flod- da.BidSecorltymustbelnNe St Lucle County'Board of sum of rent lass Than Flue Per county Commisalonera .art (5Y. 01 the total amount March 1S. 218 If Ibe bld. made -IrD'a to TCN.1958015 ndian RIVa Cowry Bard of CnUnl yNr Carl sinners. In the t t Conlnet Is awarded j !n0 the Bidder, BiddereCou ter V I contract With the County fig- Pubfurnishthereq ICN Ionil ublic Construction cord within the tlmeframe all by Nc County. N Hiddcr /ails N ,Open "Mas da so, Bi ole security shall be retain' by tta Cowry as IHauldated do -sea and not OPEN SUN. 1.4-»oSESaler- penaltY. Sauce MLS MRI 39 75 48on The county reserves the debt UDgr'es! (771)260.1655 to delay awarding of the Con- Mathew Cndy. Matter tract for • period of ninety ru) days after lbe bid open- rrg, to waive informalilles in pores For_ Sa_ _le_ y bid. or reject any or an -- bids in vdmlo or In yy R With NO-- FOR SALE - 8301 vAthout couse/ar to atmpt DclendAve.595K:6275a1cr- th bid diet, In It2lodgemen� Rd. t335K:6601FL Wal(nn Oil Serve the hest Interest of Rd $[/SN,TKTforpples,mU- Indian River Cgwty. Florida. VA lad seller Q72)359.3936 The County will ort reimburse orifi ldder for bid preperallon PAW CITY /new • /new kitrhn. l.o hum w Accordio• INDIAN RIVER COUNTY an shutters, nmvcr roof. 5279.000 I Dan a xoaa m1�ro 4 s24s By.lconifer Hyde ReaEstated dda Pulchasina Mana er Pub: March le.2n�a VERO BEACH TCN 1955115 O�AkT00 COUNTY COMMISSIONERS Si. IU GE COUNTY, FLORIDA CALL EOR BIDS "' P bid's. AG received at the Purchasing _® Vanartmen[, 2700 Vllgglola Avenue Fort Plerco. R ]1962. wtll 3:00 4 N"ORI[ESa99a0V5 5_$ale1..71-711.$071 J P.M. oral tlme on Wednesday. April 11.218 for NetgOowing: LAUREN CONNOLLY IUD Ne.16.0/5 772"234.5060 PURCHASE, DELIVERY AND INSTALLATIONOPONE(l) IED DNA PALMS MODULAR HOME Bid documents y ba 839 Greenleaf Circle 3BR/2BA/2CG, Open o ,to, Na dmunl from wv,pC�e is& of wan, Vau1lled Ce)1)ngs $199.900 yb anti�hc OfiOliu the PWchaa(ng Department (� �\ Y�jw]IOml- at 2300 Wrginla Avenue, fort Plane, FT .34932. (773) ll��// .-. rs:an 4621700. VeroBeachRent<om Bids Rum ebe i her maned or hand it ones-Unfum ParcEas!eyya Depart- 3300 VIrplvfa Aveme, 1st Door apt., lakefront 911. St lid Floor. Room 323, Fert werce. FL N9a1. Any bin IIated, near dubho& fit - sz untee poolw th updat- received alter tae above int• ad e reto lM1! ed Auchen and Plantation 111771M4.9snl 3169,900 bidder-penedtemed VERO CH - VISTA YAL Homes -Unfurnished Rmtais � � l i� Real EstntO �� Commtrdal _® Wansfrord/BeadlHoperty, 4 N"ORI[ESa99a0V5 5_$ale1..71-711.$071 J VERO'BFACH�IBP:'E46ilArn. Ind R with balcom! Laundrryy O(fi' oes/WarehaseSR( 7 SOUTH BEACH - Hl1 all" OSCEOLA PHARMACY BL00 ducdnn nn this 1st Roo, MR Colonnades condo with AND PROPERTY a peek at the Indian River MANAGEMENT between the waterfront bulldings across lbe slrceL Uuhbeuse, pod, tennis and e 772.228.1414 -InD-011.chRCnt-m reasonably- dee wa- ter Nowonlys9�.So Let us rent and madnn. ..R Joe L Kmh-k P.A., Realtor manage your (Dyes-(menl for YOU!! (772)46/96ee VeroBeachRent<om Manufactured Homes _ ndos Fumished a- Mobile Home S5. FREE GOLF - Stuart IS. 2 BDR/I%Tn gF/rrpeecce�aso.lf: MYYCC. s Ina A 3/ WAR n?for pdclrn0 M.-B. CNallFoh(631)880-1074 HUTCNINMH` S NO- P ground tlr furn, (ten rel pAvallable I.fi'OBuyers Ralf, baacls Avaib0O4/f SI800) F/L/S(r72)285.7917 MHP<em VERO CH - VISTA YAL VERO BEACH ---R a UfURyrW-' 2/List Dr. As`l Tannic, g If. Apr -DFL aced lbd/I.Sba, central laiPeols, Ir, laminate wood flrs. SS.i COMMUNITY Np pat" Mln• Utes t0 beach eta sheODiny.� ,1's.Cmd. f1200/mo+ole .207238.7490 ndos UnfurnlShCd 511,900. itl Naith 771.217• 75,500 ml Goad tend. sal. 1247 WEB ID 189335 beck IT.000. IT72)J2I.Rin P9eztNN�l 3/2 ion 0.d(a0D15, For Salt By Owner porch. Dwrl.alSdis 3BR,xBA,x gauge, Friend Re I[y, nC. 77) 7 -R rimy caroem in hedreoma, N¢ ganged floor,rtmv 86181 645 • actio s,2 Con. 10(773)2887.5173. m1, heater 9gnNte 1 5, counters, 399 N1V Stmtf04line � _uDlz/Multplz UnFum South Stuart, New. bad. to St.James Cs rvc. 2/2 OM ery P.rundry hoP6uP. II Etc¢; 5275,000 (9L4)S12N157 talid Ys steel anpl. screen SEAGATE HARBOR PAW yorch, o pCts/smOMnyy, til.' hl¢. 51500/m F/L/S CM.38R/2BA, =I front Pool home. Native Plaout (»2)20.9618. S480,000 (]52)6047997 Beach Rentals 10r VERO REACH -Be utlfd Tod N. Lots/Acreage SRle . - - - 2/2+ inch. 1n'Mk to South HeacO. GoggrrrgaoUs OAK IS HISTONES groUndA le WN In LOOTS LEFT TO PICK FROM! Sae 000.551 008 Peol "An"s4 wiL Un(urn. Annual I¢asa PICK RETWEEtI 5 ESTAIESI 51800/mo.(»2)696-]169 Algh lot,s, North U91 10 73rd 58.300. (978)806-5250. Sl. or nNtt et FLAGS on !ISI SANDY SORE REAL ESTATE R_OOmma[e5 (772)5844887 STUART -Rethee to share tom. 2x//2x lend oodor. Rets. S65o/rrI Fn. Cerneterylots p77J676.6091 673.6694 FIRM "ILL PEACE ESTATES ROorns Fum/Unfurn Single Parcel Rts 4 plots or VERO DEC". Attractive Includes e cremation. Gorgeous. hedge. far Bunch. Inims )0080 b{n5dp/momp[ivoneldryugehynr w/ REDUCED! 525.0 7jtl p7A 61`(61.0 - (77A486-8055 m 1900221 ed, Rmtais � � l i� Real EstntO �� Commtrdal Whides Wanted j CASH for yaur unwanted or unk car or truck - runntn(� or not: Free Dick LID • 772.5793983 IrcrafVAWallon AIRPLANE HANGAR -Forsale. Vero Beach. 527.500 (772)559.404L BData/Wotors/lvlarine 'OS GRADY-WHIE - To- 2 Yamaha 200h0. 45, Svc receMs. Dual axle Mr. E% coni! $24500.477477a4741. The key to selling your car starts here Wheels/Reaeation 0 .................. Place your ad online at localfieds gg3_1� ^business Pmperty/Sale) _p.tments-Fumished 4 N"ORI[ESa99a0V5 5_$ale1..71-711.$071 J VERO'BFACH�IBP:'E46ilArn. Ind R with balcom! Laundrryy O(fi' oes/WarehaseSR( 7 S650Ano. 11]2 16th SI Can 772.51.1073 Y OSCEOLA PHARMACY BL00 - 1635 14N Ave. 2 cup. to on Sufloor bre a 1100 IF Apartments"Un7Um. Il and Roo,, retail on 1st 2 floor. Ask fnr Gary (7705799073 FORT PIERCE IBRABA 3RRn.sOA mvw.Cor1e616-1 -at (»D 166-1505 nspgrtatlon TownhomeoCrrmmun!ty Automohlles for Sale 2 eedre Pool 772-166-0091 CHRYSLER 20)1 tonvert- IMe/retracdlbrybte hard Townhoatere0 !LTD 5119S0d(561)676 1588 7K ml OPD HESTA - 2013. a H..aS Fumished IV5-0r a kas A , power teedr�0/brakC2, AC, AM3M Mint conditlonl 34K .1.rte. 57550 (605)265-1348. MARTIN CO. INDIANTOWN 3/2 In S5+ MH Golf commwlN all amnities, Ind. rest., gall HONOA AcwPO -'10, rCa 2d! use. loaded, swrl. I!hr, ie60D obis (201)303-1711. rte, Imola, turnh, a%Cr• SOUL V _ 2012. Crtam dme walk-in hand 17615E 51190/mo+ utile. FA/5 Year 75,500 ml Goad tend. sal. lease. (771)678-1929 beck IT.000. IT72)J2I.Rin P9eztNN�l MERCURY SABLE - 100C "17 $46 dd(772)519 729 Ont he Altnatoc(! Pocke0 7 boat diPs! Fum[dxe {odnha/It9+ covcrNp king• ports and Imports RN3W-35695.000 Doug 563-308-3/Ba 101915608 86181 645 • actio s,2 Con. 10(773)2887.5173. m1, Sert160 Homes UnfumiShCd CH VRO CO YE» •1996. 88N m1. extra dean, 511,900 (772)53)•7327. HOUSE FOR RENT -4731111(m • Lane, 7 bed, 1 bath, 2 cer 4Wheel Drive geng0, (enc' In yard, illtt area of town, near parks std JEEP WRANGLER • OUtft S37K (772)288.3589. situppp�In�gg. SL7o0D0 a mnN, FLS (n D321.1611 SportUtility Vehkles lENSEN BEACH • n mored J�bdd7/1be JEEP LIBERTY tat • 3011. {WD an on apMkt s reel off Lead in Ok Gm. l owrten 37K nyWs San polio Ng/aeauti l8 lid• SI1.SGD (772)323-0722. river A.W. Isar gar Water 6 lawn mint bad. tm6fted HISAN ROGUE SL • 2010. 81 12 i, aY coal, an celpts parking F/L/S (586) 212-0972 58.300. (978)806-5250. Whides Wanted j CASH for yaur unwanted or unk car or truck - runntn(� or not: Free Dick LID • 772.5793983 IrcrafVAWallon AIRPLANE HANGAR -Forsale. Vero Beach. 527.500 (772)559.404L BData/Wotors/lvlarine 'OS GRADY-WHIE - To- 2 Yamaha 200h0. 45, Svc receMs. Dual axle Mr. E% coni! $24500.477477a4741. The key to selling your car starts here Wheels/Reaeation 0 .................. Place your ad online at localfieds gg3_1� INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP Community Development Director THROUGH: Sasan Rohani, AICP Chief, Long -Range Planning FROM: Bill Schutt, AICP Senior Economic Development Planner, Long Range Planning DATE: March 26, 2018 RE: Schwerin and -Other's Request to Rezone ± 9.94 Acres from MED to CG (RZON- 99070136-80287) & County's Request to Rezone ± 0.20 Acres from MED to CG (RZON-2018010067-81006) It is requested that the following. information be given formal consideration by the Board of County Commissioners at its regular meeting of April 3, 2018. DESCRIPTION AND CONDITIONS This request consists of two separate but related requests to rezone a combined total of ±10.14 acres from MED, Medical District to CG, General Commercial District. The first request "Schwerin and Others", is a combined request from three separate land owners. That request consists of ±9.94 acres of land and seven separate properties representing 98.03% of the overall ±10.14 total land area proposed to be rezoned. The second request "Colley Property", initiated by the County, is to rezone ±0.20 acres, representing 1.97% of the overall ±10.14 total land area proposed to be rezoned. As shown in Figure 1, the "Colley Property" is surrounded on three sides by properties included as part of the ±9.94 acre "Schwerin and Others" rezoning request. Also as depicted on Figure 1, the subject properties are located at the southeast corner of U.S. Highway 1 and 41St Street. The purpose of this request is to allow the properties to be developed with commercial uses. History/Background On January 25, 2018, the Planning and Zoning Commission (PZC) held a public hearing to consider the ±0.20 acre "Colley Property" rezoning application along with a much larger ±17.94 acre "Schwerin and Others" rezoning application request (total ±18.14 acres of land) from MED, Medical District to CG, General Commercial District. At that public hearing, letters of objection from adjacent/nearby property owners were presented to the PZC. At that meeting, adjacent and nearby property owners from the Casa Bella Subdivision, along with representatives of the Casa Bella of Vero Beach Home Owners Association, Inc. (Casa Bella HOA) voiced concerns regarding the overall size of the area proposed to be rezoned, the potential uses allowed in the CG zoning 294 district, the proximity of the proposed CG zoned area to their community, and the degree to which they received notice for the public hearing. Based on concerns expressed at the meeting, the PZC voted 5 — 0 to continue the public hearing at the February 8, 2018 PZC meeting, providing time for residents to research the request. After the January 25th meeting, staff invited the applicant and representatives from the Casa Bella HOA to meet together "on neutral ground" at the County Administration building. On February 6, 2018, representatives from the Casa Bella HOA met with representatives for the "Schwerin and Others" rezoning application, and County staff. From that meeting, the two sides agreed to support a modified rezoning request that removed the easternmost 8 acres (closest to the Casa Bella Subdivision) from the rezoning request, thereby keeping those 8 acres in the existing MED, Medical District. At that meeting, there were also discussions between the HOA and the applicant regarding a voluntary restrictive covenant to limit the uses on the ±9.94 acre "Schwerin and Others" property to be rezoned under the modified request. The applicant has provided an executed voluntary declaration of restrictions that will limit uses on the ±9.94 acre property. That document is being held in escrow by the County Attorney and is to be recorded if the rezoning request is approved. At the February 8, 2018 PZC meeting, the PZC continued the public hearing, took public comment, and voted 5-0 to recommend that the Board of County Commissioners approve the modified rezoning request to rezone the western ±10.14 acres of the original request from MED, Medical District to CG, General Commercial District, including the ±9.94 acre "Schwerin and Others" properties and the ±0.20 acre "Colley Property". Colley Property As noted earlier in this agenda item, the "Colley Property" is surrounded on three sides by property included as part of the "Schwerin and Others" rezoning request. The fourth side of the property fronts on 41St Street. The "Colley Property" is not included as part of the "Schwerin and Others" rezoning request, but is included as a separate request initiated by the County. This separate request was filed by County staff for several reasons indicated below. Since initially approached by a representative for the "Schwerin and Others" for their rezoning request, County staff requested that the applicant attempt to contact the owners of the "Colley Property" to request that that property be included in the overall "Schwerin and Others" rezoning request. At that time, staff expressed concern that it would not be desirable to exclude the ±0.20 acre "Colley Property" from the.rezoning request. If the "Colley Property" is not rezoned with the other properties, that small property would have a more restrictive and more isolated zoning district from that of surrounding properties, making it difficult to develop in the future without a separate request for rezoning to CG. After that initial meeting with representatives for the "Schwerin and Others" rezoning request, multiple efforts were made to identify the current owner of the "Colley Property" and to obtain their authorization to rezone that property in conjunction with the seven properties included in the "Schwerin and Others" rezoning request. Through research conducted by the agent for the 295 "Schwerin and Others" rezoning request and research conducted by County staff, it appears that the listed owner of the "Colley Property", Annie B. Colley, passed away in 2007 and it appears that since that time or even earlier the tax bills for the property have been sent to and paid by a relative that lives in Miami. Both the agent for the "Schwerin and Others" rezoning request and County staff sent certified letters notifying the taxpayer and family relatives of the proposed rezoning request to see if they desire to also rezone the "Colley Property" from MED to CG, consistent with the overall "Schwerin and Others" rezoning request. Lacking any formal response at that time (positive or negative) from the "Colley Property" owner or authorized representative, County staff for the reasons noted above, initiated a rezoning request from MED to CG for the "Colley Property". After sending the initial certified letters, staff took additional steps to keep the "Colley Property" taxpayer of record informed of the progression of the rezoning application. Those steps involved phone calls, e-mails, additional certified letters, and letters sent via standard U.S. mail. While County staff spoke over the phone with Clifford Colley (son of Annie B. Colley and identified tax payer of record) regarding the details of the proposed rezoning, no formal position on the proposed rezoning (positive or negative) was verbally provided by Mr. Colley. Likewise, while staff has kept Mr. Colley informed of the rezoning: application progress and while staff has provided opportunities for Mr. Colley to take a position (verbally or in writing) on the rezoning request, to date, Mr. Colley has not provided County staff with a formal position on whether he supports or does not support the rezoning request. A detailed list of the County's correspondence with Mr. Colley is included in Attachment 9. With respect to public notice requirements, Section 125.66(4)(a) of Florida Statutes establishes special notice requirements for county initiated rezoning requests of privately owned land of less than 10 acres in size. In addition to following normal public notice requirements, the County must notify by mail each affected real property owner at least 30 days prior to the date of the public hearing set for the rezoning request. The notice must set a time and place for one or more public hearings on the proposed rezoning ordinance or resolution. As shown in Attachment 9, the County has both met and exceeded this requirement. By initiating a coincidental rezoning of the "Colley Property", staff is providing the owner an opportunity to participate in the "Schwerin and Others" rezoning request and providing the Board of County Commissioners the opportunity to rezone the "Colley Property" as a County initiative if the Board so chooses. If prior to the April 3, 2018 Public Hearing county staff receives correspondence from the property owner or tax payer of the "Colley Property" that correspondence will be shared with the Board of County Commissioners. Existing Land Use Pattern This portion of the county consists of commercial/warehouse uses, residential uses, and vacant land, all lying within the Urban Service Area. As shown on Figure 1, the subject properties are vacant. Figures 2 and 3 show that the property to the south is zoned PD, Planned Development and MED, Medical District. The PD zoned property contains a combination of office/retail/warehouse uses and the MED zoned property is vacant. The property to the west across U.S. Highway 1 is zoned CG, General Commercial and contains a retail/warehouse use, a nonconforming residential 296 use, and vacant land. The property to the north (across 41St Street) is zoned RM -6, Residential Multi -family (up to 6 units per acre) and is vacant. To the east, the property is zoned MED, Medical District and is vacant. Figure 1 Aerial image of subject properties and surrounding uses Retail i Colley Property` _ _ c1 Vacant 603 ,:Casa Bella Sub 4- U�; N -- "A .. ,-.. ;. �.._ _...,.,..., ::t i +/-0.20 Acres �� R, -V ; J M:. s hf f Vacant ., 48,e Vacant (Vero Beach Warehous + A § " I -",*'Region] Airport ProPertY)• -r; / d'. Office/Retall/*;^�i�s Warehouse *s -�� Schwerin & Others :. J, t� "+ +/-9.94 Acres 'ilk. �� �., saa+s;.c "baF 3 .�,� �` � V e �aky�;�e.,� ^ �•a i $�"',... _ '. o-`� ';#y°6„a, r °•=b ." aa��'9,.Xw� �. 3 s ', ,yTr�, y5 �. ,Tw 4 F �' '"rte 3. Tei NIW ppIt i }� (Existing zoning and proposed zoning maps are on next page) 4 297 Figure 2 Existing Zoning of Subject Properties d3IDO IL - JN3 CAV OR t - LO axva•osroue,,v . lir. �n� v. J:r'Cr +.z:v�srr.»34+rrrd•.3 1'9-tr:••:.�•,YdGn•.57.1 = o R6'1=6 ,41STvr CG RM -6 a ,u srsT 6r S67 . D �r;� , -:._, . - 'tib Colley Property -----' r OEM � +/-0.20 Acres, _ MED to CG0110 City of Vero Beach ALI-A2 PD Mai PD Schwerin & Others Y, +/-9.94 Acres MED to CG, ,■ 4 Figure 3 Proposed Zoning of Subject Properties aD'o IL TYiCs4till0?.U:0694:4.6 ' il"Ll'� 23•t's'M094]Ylb00sL5t Colley Property N, +/-0.20 Acres MED to CG :i City of Vero Beach ALI-A2 Schwerin & Others +/-9.94 Acres MED to CG lS11�8 '1'-YSY:s'Jlsrl::G9.-S K R1VI-6 391h StreM 5 298 N s�a<s pt _.. 298 Future Land Use Pattern As shown on Figure 4, the subject properties and surrounding properties to the south, east (across U.S. Highway 1), and west are designated C/I, Commercial/Industrial, on the Comprehensive Plan's Future Land Use Map. Land to the North (across 41St Street) is designated M-1, Medium - Density Residential -1 (up to 8 units/acre). The CA designation permits various commercial and industrial zoning districts, including the requested CG district. The M-1 designation permits residential uses with densities up to 8 units/acre. Environment The Comprehensive Plan does not designate the subject properties as either environmentally important or environmentally sensitive. Review of past aerial photography indicates that the subject properties were previously cultivated as citrus groves. According to Flood Insurance Rating Maps, the subject properties do not contain any designated flood hazard areas. Utilities and Services The properties lie within the Urban Service Area of the County. Wastewater service is available to the properties from the Central County Regional Wastewater Treatment Facility, while potable water service is available to the properties from the North County Reverse Osmosis Plant. Figure 4 Future Land Use of Subject Properties M-1 5,�oR N `� R' aY1Vb- r - � 4i sr�am,c.s�tvxrx� [tiivs � tu�j C/I -0 m zesr rt.;ens.ryr���s T1 C/I M-1 ty 'd`7ST'S7%$GIF ORD'fiDJ �� � Colley Property +/-0.20 Acres C/I C/I .<.� C/I C/I Schwerin &Others +/-9.94 Acres CA a �.+ M-1 M-; M-1 $TH Pi S� fff `1 `l 1 $3TH ST 6 299 C/I 6 299 Transportation System Two major roads border the areas proposed to be rezoned. The north boundary of both the "Schwerin and Others" rezoning request and the County initiated request for the "Colley Property" abuts 41St Street and the east boundary of the "Schwerin and Others" rezoning request abuts US Highway 1. Classified as an urban collector on the County's future roadway thoroughfare plan map, 41St Street is a two lane road with approximately 100 feet of public road right-of-way. Classified as an urban principal arterial on the future roadway thoroughfare plan map, US Highway 1 is a four lane road with approximately 120 feet of public road right-of-way. No improvements to these roads are currently programmed. Within the western 115 lb of the area proposed to be rezoned and touching the eastern side of the "Colley Property" is 19th Court. 19th Court is a platted but never built "paper street" with 25 feet of road right-of-way that is shown as dead ending into the property south of the area proposed to be rezoned. Zoning District Differences In terms of permitted uses, there are both similarities and differences between the existing MED district and the proposed CG district, however the number and range of permitted uses allowed within the CG district is greater than in the MED district (see Attachment 6). The respective zoning districts' purpose statements best illustrate the differences between the zoning districts. These purpose statements, found in the County's Land Development Regulations (LDRs), are provided on the next page. MED: Medical district. The MED, medical district, is intended to provide a variety of uses which support a major medical facility, and to protect such major medical facility from encroachment by land uses which may have an adverse effect on the operation and potential expansion of the facility. Land uses. that could cause an adverse effect would generally include those uses that are likely to be objectionable to neighboring properties because of noise, vibration, odors, smoke, amount of traffic generated, or other physical manifestations. CG: General Commercial District. The CG, general commercial, district is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services nor industrial uses. History of MED Zoning for this Area As part of the County's 1996 Evaluation and Appraisal Report it was recommended that a large area around and near the hospital (Indian River Medical Center) have its Future Land Use designations re -designated from residential to commercial in order to reserve the land for possible future medical and related uses. Soon thereafter, on March 17, 1998, the County amended the Future Land Use map changing ±182 acres within the 37th Street/US Highway 1 Medical Commercial Node to C/I, Commercial Industrial, extending the node to 41St Street, including the subject properties. Because the newly designated C/I future land use designated area contained properties that had various residential zoning districts that were not permitted within C/I designated areas, the County 300 initiated a rezoning of those properties to MED, Medical District consistent with the C/I land use designation. In July of 1999, the Board of County Commissioners approved the rezoning of ±136 acres to MED (f46 acres were previously rezoned as part of a land owner's request). That county initiated rezoning included all of the properties that are the subject of the two CG rezoning applications currently being considered. A copy of the staff report which contains a map showing the extent of the rezoning for that request is included as Attachment 7 to this item. Before and after the 1999 expansion of the MED -zoned area, the County has rezoned some properties within the overall MED -zone area from MED to other commercial districts where those properties were located at the perimeters of the overall MED -zoned area along US 1 or Indian River Boulevard. ANALYSIS In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include an analysis of the request's: • Impact on public facilities; • Consistency with the county's comprehensive plan; • Compatibility with the surrounding area; and • Potential impact on environmental quality. Impact on Public Facilities The subject properties are located within the Urban Service Area, an area deemed suited for urban scale development. Within the Urban Service Area, the comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation (reference Future Land Use Element Policy 3.1). Adequate provision of those services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for those services and facilities are maintained, the comprehensive plan requires that new development be reviewed for a concurrency determination. For rezoning requests, that review is undertaken as part of the conditional concurrency determination application process. As per section 910.07 of the County's Land Development Regulations (LDRs), conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, county regulations call for the concurrency review to be based .upon the most intense use of the subject property based upon the requested rezoning district. As per section 910.07(2) of the Concurrency Management Chapter of the County's Land Development Regulations, projects which do not increase land use density or intensity are exempt from concurrency requirements. Since the County's concurrency management system assigns the same land use intensity to uses within the CG district as it does to uses in the MED district (10,000 sq. ft. of gross floor area per acre of retail commercial x total property acres) there will be no increase in density or intensity of the uses due to this rezoning request. Therefore, the subject request is exempt from the county's concurrency determination requirement. 301 Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive plan. Rezoning requests must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. In this case, the subject property is designated C/l, Commercial/Industrial, on the Future Land Use Map. Since CG zoning is allowed in the C/I designated area, the proposed zoning is consistent with the Future Land Use Map. Other than the Future Land Use Map, the goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following policies: Future Land Use Element Policies 1.17 and 1.18 Future Land Use Element Policy 1.17 states that all commercial/industrial uses must be located within the county's Urban Service Area. Future Land Use Element Policy 1.18 states that the commercial/industrial land use designation allows uses, subject to applicable zoning district regulations, that include storage/warehousing, retail, office, and service uses. Since the subject property is located within the County's Urban Service Area and the requested CG district is intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.17 and 1.18. Future Land Use Element Policy 1.42 Future Land Use Element Policy 1.42 indicates that the Board of County Commissioners may deny a rezoning request if the denial serves a legitimate public purpose. That policy further provides that a Board of County Commissioners determination that the requested zoning district is not appropriate for the parcel may also be based upon the absence of the following locational criteria: For the CG, General Commercial zoning district: 1. Along arterial roads and major intersections 2. Separated from residential development 3. Separated from industrial areas 4. Near retail and office areas The proposed rezoning meets all of the above listed locational criteria. Future Land Use Element Policy 15.1 With this rezoning request, the County initiated the rezoning of the "Colley Property". Pursuant to Future Land Use Element Policy 15. 1, for a County initiated rezoning the County must give adequate public notice to landowners of any application to change the land use designation or 302 zoning of their land. As noted earlier in this report, the County sent a certified letter to the tax payer address of record notifying them of the rezoning application. The County will provide further notice prior to the Board of County Comissioners public hearing consistent with Chapters 125 and 163, Florida Statutes, which require a special 30 day notice to the property owner. While the referenced policies are particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan. Compatibility with the Surrounding Area Staff's position is that either the current MED zoning or the requested CG zoning is appropriate for the site and that development under the requested zoning district will be compatible with surrounding land uses. Generally, sites such as the subject property that front on major roads are appropriate for any one of several different commercial zoning districts, including CL and CG. Land to the south is zoned PD (Commercial/Light Industrial). The approved PD zoning for that site allows a wide mix of uses, including retail, office, contractor trades, and light industrial (Attachment 8). Since CG and the approved PD allow similar uses, no incompatibilities are anticipated with land to the south. Land also to the south and to the east is zoned MED. The allowed uses within the MED district are geared to medical uses (offices and clinics, various medical, dental, and health services related uses), and uses that support medical uses (hotels, motels, restaurants and florists). The proposed CG zoning district is considered compatible because it can provide the opportunity to provide more service type uses to compliment uses, workers, and patients in the adjacent MED district and medical node, while also allowing uses that could serve passerby traffic from US 1 (a major arterial road) and nearby neighborhoods. In addition, because retail uses need frontage on or near major. roads, properties designated C/I with frontage on U.S. Highway 1, such as the subject properties, are particularly appropriate for CG zoning. The west perimeter of the area proposed to be rezoned is bordered by US Highway 1, which has 120 feet of public right-of-way. Land on the west side of US Highway 1 is zoned CG. Since the same zoning district is proposed for the subject properties, no incompatibilities will exist to the west. North of the subject properties is 41s' Street, which has 100 feet of public right-of-way. North of 41 st Street, property is zoned RM -6. With the 100 feet of road separation combined with any future road landscape/buffer requirements, no incompatibilities are anticipated. For those reasons, it is staff s position that development of the site under the requested CG district will be compatible with surrounding areas. 10 303 Commercial Zoning Pattern Along U.S. Highway 1 The commercial zoning pattern northward from the subject site to 53`a Street between U.S. Highway 1 and Indian River Boulevard includes land zoned CG, General Commercial, CH, Heavy Commercial, and CL, Limited Commercial. Those existing CG zoned areas and combination CG/CH and CG/CL zoned areas have similar depths as the depth of the area proposed in the current "Schwerin and Others" and "Colley Property" CG rezoning applications, as measured from U.S. Highway 1 eastward (see table below). Potential Impact on Environmental Ouality The subject properties formerly contained citrus groves and are no longer in their natural state. When an application for development approval is submitted, the County will conduct a detailed review of potential environmental impacts of development on the subject property. Also at that time, the County's tree protection regulations will be applied. In addition, development of the property under MED or CG zoning will have the same environmental impacts. For these reasons, no adverse environmental impacts associated with this rezoning requests are anticipated. Supply of MED Zoned Property According to the County's current Commercial/Industrial Node data for the USI — 37h Street Medical C/I Node, that node contains 431.98 acres. Of the 431.98 acres, 174.60 acres of land within the node is either undeveloped (172.04 acres) or is developed with residential uses (2.56 acres) and considered available for potential re -development. Included in the undeveloped acreage is a majority of the ±136 acres of property that the County rezoned from residential to MED zoning in 1999. Since 1999, only a small portion of the original ±136 acres of property that were subject of the county initiated rezoning from residential zoning to MED zoning has developed. That development is from a +/-6.21 acre commercial/industrial planned development of property with frontage along US Highway 1. The remaining property associated with the 1999 county initiated rezoning has remained undeveloped. Consequently, there does not appear to be a pressing need for the overall amount of vacant MED zoned property within the subject area. 11 304 Approximate Depth Zoning Districts Location Measured from U.S. Highway -1 ROW Eastward Proposed CG ("Schwerin and Others" & "Colley Property" 41" Street and U.S. Highway 1 (SE corner) ±700 feet (CG) Rezoning Applications) CG/CH 45th Street and U.S. Highway 1 (SE corner) ±700 feet CG/CH Combined) CG 47th Street and U.S. Highway 1 SE corner ±900 feet CG CG/CL 53rd Street and U.S. Highway 1 (SE corner) ±900 feet (CG)±1,300 feet (CG/CL Combined Potential Impact on Environmental Ouality The subject properties formerly contained citrus groves and are no longer in their natural state. When an application for development approval is submitted, the County will conduct a detailed review of potential environmental impacts of development on the subject property. Also at that time, the County's tree protection regulations will be applied. In addition, development of the property under MED or CG zoning will have the same environmental impacts. For these reasons, no adverse environmental impacts associated with this rezoning requests are anticipated. Supply of MED Zoned Property According to the County's current Commercial/Industrial Node data for the USI — 37h Street Medical C/I Node, that node contains 431.98 acres. Of the 431.98 acres, 174.60 acres of land within the node is either undeveloped (172.04 acres) or is developed with residential uses (2.56 acres) and considered available for potential re -development. Included in the undeveloped acreage is a majority of the ±136 acres of property that the County rezoned from residential to MED zoning in 1999. Since 1999, only a small portion of the original ±136 acres of property that were subject of the county initiated rezoning from residential zoning to MED zoning has developed. That development is from a +/-6.21 acre commercial/industrial planned development of property with frontage along US Highway 1. The remaining property associated with the 1999 county initiated rezoning has remained undeveloped. Consequently, there does not appear to be a pressing need for the overall amount of vacant MED zoned property within the subject area. 11 304 Since 1999, medical office uses have developed on properties that are in close proximity to 37th Street and the Indian River Medical Center. Those include properties along 37t" Place and around 11th Circle. Medical office uses have not been developed in further removed properties in the northern and northwestern sections of the MED zoned area. With respect to the properties included as part of the current rezoning request, those properties have frontage on two major roadways, US Highway 1 and 41st Street. Properties with frontage along major roadways are most attractive to commercial developers because such locations can take advantage of passerby traffic from roadways with high traffic volume and can provide support services to the medical node. This coupled with the distance that these properties are from the Indian River Medical Center and 37th Street makes the properties appropriate for non -MED zoning. CONCLUSION The requested CG zoning district is compatible with the surrounding area, is located at the perimeter of a large and vacant MED -zoned area adjacent to a major arterial roadway (US 1), and is consistent with the goals, objectives, and policies of the Comprehensive Plan. The requested rezonings will have no negative impacts on environmental quality, and they meet all applicable criteria to be rezoned to CG. For these reasons, staff supports the requests. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve both the "Schwerin and Others" request and the county initiated request to rezone the "Colley Property" to CG (General Commercial District) by approving the two attached ordinances. ATTACHMENTS 1. Summary Page 2. "Schwerin and Others" Rezoning Application 3. "Colley Property" Rezoning Application 4. Approved Minutes of the January 25, 2018 Planning and Zoning Commission meeting 5. Approved Minutes of the February 8, 2018 Planning and Zoning Commission meeting 6. Table of Uses for Commercial Zoning Districts 7. Copy of July 13, 1999 BCC Staff Report for Rezoning ±136 Acres to MED 8. Copy of July 27, 2001 BCC Staff Report for Rezoning ±6.09 Acres from MED to PD 9. County Staff's Correspondence with "Colley Property" Taxpayer of Record 10. Rezoning Ordinance for "Schwerin and Others" 11. Rezoning Ordinance for "Colley Property" FXommunity Development\Rezonings\41st Street and US 1 - MED to CG\Staff Reports\BCC Item\BCC staffreport April 3, 2018.docx 12 305 SUMMARY PAGE GENERAL Applicant #1: Schwerin Realty Corp, Warren L. Schwerin, and Michael J. Board of Buchel and Santo Molino Applicant #2: Indian River County (for Annie B. Colley) Location: Southeast corner of 41' Street and US Highway 1 Acreage: Schwerin and Others = f9.94 acres Bill Schutt Colley Property (IRC Initiated) = t0.20 acres Land Use Desi ng ation: C/I, Commercial/Industrial Existing Zoning: MED, Medical District Requested Zoning: CG, General Commercial District Existing Land Use: Vacant ADJACENT LAND North: 41St Street and RM -6, Residential Multi -family (up to 6 units per acre) South: PD, Planned Development (Commercial/Light Industrial) & MED, Medical Distr. East: MED, Medical District West: U.S. Highway 1 and CG, General Commercial District INFRASTRUCTURE Wastewater service is available to the site from the Central County Regional Wastewater Treatment Facility, while potable water service is available to the site from the North County Reverse Osmosis Plant. ENVIRONMENTAL CONSTRAINTS None / Flood Zone X PUBLIC NOTIFICATION STAFF RECOMMENDATION Approval Proposed Zoning of Subject Properties �,. e a - _ a _ -- RAI-8�t`°1 RXI-C RIM -6 Colley Property__ MED to CG CG � .!/ % N 00! of Vero Beach ALI A2 Schnerin &Others Acres% MED to CG e �/ r ATTACHMENT 1 13 306 Planning and Board of Zoning County Commission Commissioners Staff Bill Schutt Bill Schutt Contact: Date 1/10/18 3/18/18 Advertised: # of Surrounding Property 27 27 Owner Notifications: Date Notification 1/10/18 3/19/18 Mailed: Date Sign 1/10/18 3/19/18 Posted: STAFF RECOMMENDATION Approval Proposed Zoning of Subject Properties �,. e a - _ a _ -- RAI-8�t`°1 RXI-C RIM -6 Colley Property__ MED to CG CG � .!/ % N 00! of Vero Beach ALI A2 Schnerin &Others Acres% MED to CG e �/ r ATTACHMENT 1 13 306 SUMMARY PAGE Applicant #1: Schwerin Realty Corp, Warren L. Schwerin, and Michael J. Board of Buchel and Santo Molino Applicant #2: Indian River County (for Annie B. Colley) Location: Southeast corner of 4111 Street and US Highway 1 Acreage: Schwerin and Others = f9.94 acres gill Schutt Colley Property (IRC Initiated) = ±0.20 acres Land Use Desi nation: C/1, Commercial/Industrial Existing: MED, Medical District Requested Zoning: CG, General Commercial District Existing Land Use: Vacant ADJACENT LAND North: 41 St Street and RM -6, Residential Multi -family (up to 6 units per acre) South: PD, Planned Development (Commercial/Light Industrial) & MED, Medical Distr. East: MED, Medical District West: U.S. Highway 1 and CG, General Commercial District INFRASTRUCTURE Wastewater service is available to the site from the Central County Regional Wastewater Treatment Facility, while -potable water service is available to the site from the North County Reverse Osmosis Plant. ENVIRONMENTAL CONSTRAINTS None / Flood Zone X PUBLIC NOTIFICATION STAFF RECOMMENDATION Approval Proposed Zoning of Subject Properties 4- Apg IL ft'i At r CC R\tG r Rau Colley Property +/-0.20 Aeresi� MED to CG syn,oft'croBeach A1.I-A2 pW Schwerin R Others +/-9.99 Acres MED to CG as test -s ATTACHMENT 1 12 307 N 1 Planning and Board of Zoning County Commission Commissioners Staff gill Schutt Bill Schutt Contact: Date 1/10/18 3/18/18 Advertised: 11of Surrounding Property 27 27 Owner Notifications: Date Notification 1/10/18 3/19/18 Mailed: Date.Sign 1/10/18 3/19/18 Posted: STAFF RECOMMENDATION Approval Proposed Zoning of Subject Properties 4- Apg IL ft'i At r CC R\tG r Rau Colley Property +/-0.20 Aeresi� MED to CG syn,oft'croBeach A1.I-A2 pW Schwerin R Others +/-9.99 Acres MED to CG as test -s ATTACHMENT 1 12 307 N 1 APPLICATION FORM P SEP X17 REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be, complete when submitted and must includ�eall required' attachments. An incomplete application will not be processed and will be retQID l too ' applicant. Y '�' Assigned Project Number: RZON - O Y7 -- ?"F1 Current Owner Applicant (Contract Purchaser Agent Name:Multiple See attached Bruce Barkett (Collin Brown Barkett) Complete Mailing Address: 756 Beachland Blvd. Vero Beach, FL 32963 Phone #: (including area code 772-231-4343 Fax #: (including area code 772-234-5213 E -Mail: bbarkett@verolaw.com Contact Person: JBruce Barkett Signature of Owner or Age t: Property Information Site Address: 1805 41st Street (largest parcel) plus others (see attached) Site Tax Parcel I.D. #s: i✓ultiple - see attached Subdivision Name, Unit Number, Block and Lot Number (if applicable) Lots 1-26, Subdivision lus acreage Jackson Brothers Existing Zoning District: KED Existing Land Use Desi ation: Cil. Requested Zoning District: CG Total (gross) Acreage of Parcel: -1-6- 18 .14 Acreage (net) to be Rezoned: -t75' 18.14 Existing Use on Site: Vacant Proposed Use on Site:deial� 1 fV AttachmApt 2 THE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE-APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. ITEMS Applicant's Checklist Staff Checklist 1. Fee: Property Size - Less than 5 Acres $1,550.00 - 5 to 40 Acres $2,000.00 ✓ - 41 to 100 Acres $2,300.00 - More than 100 Acres $2,500.00* * $125.00 for each additional 25 acres over 100 acres 2. Completed Rezonin A lication Form front page)1/ 3. Letter of Authorization from Current Owner(s) OR Current Owner is Applicant 1/ 4. Verified statement (separate letter) naming every individual or entity having legal or equitable ownership in the property. 5. One (1) Copy of the current Owner's Deed 1/ 6. A Current Owner's Title Policy OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownership of the proRerty. 7. One (1) SEALED boundary survey of the area to be rezoned. The boundary survey shall include, but l V not be limited to the following: s-- a legal description of the land to be rezoned 6 the size of the land to be rezoned ❑ the public road right-of-way width of adjacent roads; and ❑ a north arrow 8. Electronic version (MS Word is preferable) of the legal description 9. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency Certificate, includin traffic study, if applicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: January 10, 2008 FACommunity Development\Users\VICKICTORMSMezoningrequestform.doc 3b9 CURRENT OWNERS, STREET ADDRESSES AND PARCEL IDENTIFICATION NUMBERS NAME ADDRESS PARCEL ID # Annie B. Colley . 4051~-19` Cain 1 �� y ` Via, 2392600009000000002.0 Warren L. Schwerin 1975 41" Street " 32392600009000000003.0v 4056 US Highway 1 32392600009000000005.0,• 4036 US Highway 1 =' 32392600009000000007.0 ,V 4005 19t" Court 323926000090000000016.0 ' 4045 .19th Court v 323926000090000000025.0 —' Schwerin Realty Corp. 1805 41" Street 32392600007000000005.0 Michael J. Buchel & Santo 1925 41St Street 32392600009000000001.0 Molino 310 APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include attachments. An incomplete application will not be processed and will be ri applicant. 0 JAN 2018 11 ,-ireqffired)FMrNt irn Edi to the Assigned Project Number: RZON - q D/Y1)/DU6 -7 — /( 0(o Current Owner Applicant (Contract Purchaser Agent Name: Annie B. Colley Community Development Department Staff Complete Mailing Address: 15920 SW 102nd Avenue, Miami, FL 33157 180127 th Street, Vero Beach, FL 32960-3365 Phone #: (including area code (772) 226 —1243 Fax #: (including area code) (772) 978 —1806 E -Mail: Contact Person: Bill Schutt Signature of Owner or Agent: Property Information Site Address:-495t-t9Ni-Ooiet-Vero Beach, FL 32960 Site Tax Parcel I.D. #s: 32-39-26-00009-0000-00002.0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning District: MED Existing Land Use Designation: C/I Requested Zoning District: CG Total (gross) Acreage of Parcel: 0.2 1 Acreage (net) to be Rezoned: 0.2 Existing Use on Site: Vacant Proposed Use on Site: NA Attachment 3 311 THE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. ITEMS Applicant's Checklist Staff Checklist 1. Fee: Property Size - Less than 5 Acres $1,550.00 - 5 to 40 Acres $2,000.00 - 41 to 100 Acres $2,300.00 - More than 100 Acres $2,500.00* * $1.25.00 for each additional 25 acres over 100 acres 2. Completed Rezoning Application Form (front age) 3. Letter of Authorization from Current Owner(s) OR Current Owner is Applicant 4. Verified statement (separate letter) naming every individual or entity having legal or equitable ownership in the property. 5. One (1) Copy of the current Owner's Deed 6. A Current Owner's Title Policy OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownership of the property. 7. One (1) SEALED boundary survey of the area to be rezoned. The boundary survey shall include, but not be limited to the following: ❑ a legal description of the land to be rezoned ❑ the size of the land to be rezoned ❑ the public road right-of-way width of adjacent roads; and ❑ a north arrow 8. Electronic version (MS Word is preferable) of the legal description 9. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency Certificate, including traffic study, if applicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: January 5, 2018 FACommunity Development\Users\VICKIE\FORMS\rezoningrequestform.doc 313 Indian River County Future Land Use Map Amendment/Rezoning Authorization Form TO: Planning Division Indian River County 180127 th Street Vero Beach, FL 32960 FROM: (Property Owner) Property Tax I.D. #: Property Address: The undersigned is hereby authorized to act as agent and/or make application to Indian River County for the above referenced property for the following applications (please mark the appropriate box): o Future Land Use Amendment o Rezoning Owners Name (Print) Owners Signature Date FACommunity Development\Users\LONG RANGE\FORMS\fluauthorizationform.doc 313 z ? v z 0 U c vOi 3 0 0 �n cDi x m O Z cn 0 n ? ' a a "' s s ' H E �' D W o m = M D ro ro CD a, :. 0 1 � . TI ro . O o 7 0 S n m C? 2 N - N r N Q. Q. (D N uNi � O. Tt V o W �a to W O 3 3 D- 3 Lno `O 0 g Oe n0 N rr r IT1 N = Z. o z l0. . LAJ7g N W f7 a m N fp r � U) bW+ z G m , mCo W o o m N l(,J N Q o U < � S T O O N J p J O O O O O O D .=t a O N O CJ t; O ClV a n C, �. a � a O O ro d x S = O 0O CD � O � � O m FL uCi ro m C O N OA W N O ` r O O V O C w O 3 N O O 2 `D o 3 j O �• w 261 m m O C v I � rf i 314 N O O Public Hearing Chairman Polackwich read,the following into the record:: A:. Schwerin and:Other's Request to Rezone +/- 17.94 acres from MED to _ 'CG. (RZON-99070136-80287) and County's Request to Rezone +1­0.20 nacres from IVIED to. CG (RZON-2018010067-81006): [Quasi-Judicial]- Chairman Polackwich, asked.: the Commissioners to reveal any ex-parte, communication with the applicant or ,any conflict that would not allow .them to make a.n unbiased decision. The members stated that they had not had any ex- parte communication. The secretary administered the testimonial .oath to those present who wished to speak at tonight's meeting'on this matter. Mr —,William Schutt, 'Senior-. Economic Senior .Economic Development Planner, reviewed information regarding the two separate but related requests for rezoning approval . and gave a PowerPointpresentation, copies of which are on .file in the Board of County Commissioners (BCC) Office. He recommended that the Commissioners recommend that the BCC approve, the rezoning request from MED to CG. Chairman Polackwich suspended this rezoning hearing and-returned to the Blanchard Commercial Kennel case, since the applicant for that matter, had joined the meeting. Items on Consent (continued from earlier in the. meeting) The Board returned to the Blanchard Commercial. Kennel request for administrative use approval ,.case heard earlier in the hearing. Mr: Stan Boling clarified details of'the request. and Owner/Agent Ms. Debra Blanchard agreed to P_ ZC/Approved 3 January 25, 2018 . 'F'.\BCC\AII Committees\P&Z\2018—AGENDAS & MINUTES\PZC 012518:Attachfbnt.4 the proposed recommendations listed in the Staff report and to an additional clarification/condition that dogs will be allowed in the "play yard" area shown on the site sketch only when supervised. ON MOTION BY Ms. Waldrop, SECONDED BY Mr. Stewart, the members voted unanimously (5-0) to approve staff recommendation as clarified on this Quasi -Judicial matter. Public Hearing (continued from earlier in the meeting) The Board returned to the Schwerin and Other's Rezoning request from earlier in the meeting. Mr. William Schutt reiterated the facts and procedures in detail regarding the rezoning notice, confirming that notice procedures had been followed for the newspaper advertisement, sign postings and mailing courtesy notice letters and that he had spoken to residents during the week about the rezoning request and zoning district details. Mr. Bill DeBraal stated that Staff followed the correct notice procedures as set forth in the code. Mr. Edward Jazlowiecki, Attorney and homeowner at the neighboring residential community, spoke on behalf of the Casa Bella of Vero Beach Homeowner's Association, Inc. He contended that there was not proper notice given to the Association regarding the rezoning request and requested a four- week continuation. Mr. Bruce Barkett, representative for the Applicant, clarified that homeowners living within three hundred feet of the proposed zoning change did receive notice but in any event the ordinance clearly states that lack of such notification should not affect the proceedings. He objected to a four-week continuation but agreed to two weeks if the Commission felt it was necessary. Mr. Bill DeBraal advised that the Board continue the public hearing to a time certain that would allow the homeowner's association adequate time to research the request. Ms. Roberta K. Newman, Treasurer and Registered Agent for the Casa Bella of Vero Beach Homeowner's Association, provided the Board with the proper mailing address for future notices, 4122 West 16th Square, Vero Beach, Florida, 32967. PZC/Approved 4 January 25, 2018 F:\BCC\All Committees\P&Z\2018—AGENDAS & MINUTES\PZC 012518.doAttacllfent 4 Ms. Charlotte Moore, President of the Casa Bella of Vero Beach Homeowner's Association, voiced her strong concerns regarding the rezoning request and the lack of effort exerted by Staff to obtain the correct mailing address of the Association. Extensive discussion followed between the commissioners regarding the possibility of continuing the public hearing to a future date: ON MOTION BY Ms. Waldrop, SECONDED BY Mr. Stewart, the members voted unanimously (5-0) to continue this public hearing on February 8, 2018 at 7:00 p.m. on this Quasi -Judicial matter. Commissioner's Matters There were none. Planning Matters Mr. Stan Boling discussed the climate change articles contained in the Planning Information Package provided to the commissioners, and noted that with the continued public hearing there will be five public hearing items to consider at the February 8, 2018 meeting. Attorney's Matters There were none. Adiournment There being no further business, the meeting adjourned at 8:10 p.m. PZC/Approved 5 January 25, 2018 F:\BCC\AII Committees\P&Z\2018—AGENDAS & MINUTES\PZC 012518.doAttach'ffient 4 Public Hearings Chairman Polackwich read the following into the record: A. CONTINUATION FROM JANUARY, 25, 2018: Schwerinand Others Request to Rezone "+/- 17:94, acres from. MED to CG (RZON-990701.36- 80287.) .and County's Request to Rezone +/- 0.20' acres- from MED to 'CG (RZON-2018010067-81006). [Quasi -Judicial] Chairman Polackwich stated that as this public hearing is continued from the last Board meeting and,was not closed, anyone that.wa:s sworn in at that time is still under oath. He asked that anybody present that'was .not sworn in at the last meeting iand wishes, to testify, take the -oath at 'this time. Nobody came forward. Chairman Polackwich asked. the Commissioners -to reveal. any.-ex-parte -communication with the applicant or any conflict that would not allow them- to make, an unbiased decision. Mr:* Landers disclosedthat has represented clients regarding rentals in the Casa Bella: neighborhood and has a'sales listing there as . well- but that this would not prohibit him from'.making a fair decision regarding this request. Chairman Polackwich disclosed . that he drove by the Casa Bella neighborhood since the last meeting but that it would, not _prevent him.. from deciding the matter based on the facts and evidence. Ms.' Waldrop disclosed that she had ,two rental listings in the Casa Bella 'neighborhood but that it would not P2C/Approved 2 February 8, 2018 �FABCC\AII Committees\P&Z\2018=AGENDAS & MINUTES\PZC 020818. ttachlTTeiit 5 prohibit her from making a fair decision regarding this request. None of these disclosures were challenged. . Mr. William Schutt, Senior Economic Development Planner, reviewed information regarding the two separate but related requests for rezoning approval and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He noted that this case was heard on January 25, 2018 by this Commission with a focus on notice requirements, and although it has since been reconfirmed that Staff followed the correct notice procedures as set forth in the code, the Board agreed to a continuation of the hearing at the request of nearby residents. Mr. Stan Boling, Community Development Director, continued the PowerPoint presentation and reviewed criteria from Policy 1.43 Future Land Use Element as well as the history of zoning in the area surrounding the proposed rezoning request. He discussed a joint meeting between the Applicant and representatives of the Casa Bella Homeowners Association that took place on February 6, 2018 resulting in an agreement for a proposed "alternative zoning map" that would remove the eastern eight acres from rezoning. He also detailed Staffs initiation of rezoning the +/ 0.20 acres owned by the Colley family that it is surrounded by the Schwerin and Others property. He recommended that the Commissioners recommend that the BCC approve the "alternative rezoning request" of +/- 10.14 acres from MED to CG. Mr. Boling proceeded to answer questions from the Commissioners regarding dimensions of the proposed "alternative zoning map" and how the depth compares to nearby commercial properties along US Highway 1. Mr. Bruce Barkett, Representative for the Applicant, and Mr. Kasey Feltner, attorney representing the Casa Bella Homeowner's Association, disclosed their proposed agreement to not rezone the eastern eight acres of the subject property and to place private restrictions on the remaining +/- 10.14 acres that would be rezoned to CG. Mr. Landers voiced his concerns regarding owners of the neighboring MED zoned properties later requesting rezoning for portions of their properties. Mr. Boling responded by citing criteria from Policy 1.43 Future Land Use Element which would be a basis for denying such requests. Chairman Polackwich inquired as to what will likely become of the eastern eight acres of the property that would remain MED zoned as well as nearby MED zoned properties. Mr. Boling advised that the County wants to be sure that there is enough MED zoned area near the hospital available for health-related industry PZC/Approved 3 February 8, 2018 FABCC\AII Committees\P&Z\2018—AGENDAS & MINUTES\PZC 020818.doAttachMent 5 to expand. Dr. Richard Moore, cardiologist at Indian River Medical Center, spoke of future plans to expand medical facilities at the remaining MED zoned properties. ON MOTION BY Mr. Landers, SECONDED BY Mr. Stewart, the members voted unanimously (5-0) to approve staff recommendations on this Quasi - Judicial matter to rezone the western 10.14 acres, to include the Colley piece, from MED to CG and deny the rezoning of the eastern eight acres from MED to CG. Chairman Polackwich read the following, into,the record: B. Kane Request to rezone +/- 2.009 acres from RS -1 to RS -3 and +/- 4.827 acres from RS -1 to CON -2 (RZON-201708084-80032). [Quasi - Judicial] C-hairman Polackwich asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex - parte communication. Mr. William Schutt, Senior Economic Development Planner, reviewed information regarding this rezoning request and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He entered a letter into evidence from a nearby property owner that spoke in agreement of the rezoning request. He recommended that the Commissioners recommend that the BCC approve the rezoning request from RS -1 to RS -3 and CON -2. The secretary belatedly administered the testimonial oath to those present Who wished to speak at tonight's meeting on this matter and Mr. Schutt reaffirmed his presentation. - Representative for the Applicant, Mr. Scott McGuire of the civil engineering firm Knight McGuire & Associates Incorporated, testified I that this request will simply bring the Subject Property into conformance with similar properties on the south barrier island. l Mr. Kevin Ellis, property manager of the adjacent Subject Property, conveyed his concerns regarding this request concluding that he is not in favor of it moving forward. PZC/Approved 4 February 8, 2018��w F:\BCCWII Committees\P&Z\2018—AGENDAS & MINUTES\PZC 020818.dAttacMent 5 Section 911.10. - Commercial districts. (1) Purpose and intent. The commercial districts are established to implement the Indian River County Comprehensive Plan policies for commercial development. These districts are intended to permit the development of commercial property to provide an efficient use of land and public infrastructure, promote the economic well being of the county, protect the natural resources and beauty of the county and ensure commercial development compatible with existing and proposed development. In order to achieve this purpose, these districts shall regulate the size, scope, and location of commercial uses and provide standards to ensure development compatible with the built and natural environment. (2) Districts. The following districts are established to implement the provisions of this chapter: (a) PRO: Professional office district. The PRO, professional office district, is designed to encourage the development of vacant land and the redevelopment of blighted or declining residential areas along major thoroughfares in selected areas of the county. The selected areas will be deemed as no longer appropriate for strictly single-family use but which are not considered appropriate for a broad range of commercial uses, as permitted in a commercial zoning district. The PRO district may serve as a buffer between commercial and residential uses or be established in areas in transition from single-family to more intensive land uses. The PRO district shall be limited in size so as not to create or significantly extend strip commercial development. In order to further encourage redevelopment, any legally nonconforming structure may continue to be utilized, and its use may be changed from one nonconforming or conforming use category to another use category permitted in the PRO district, provided the change of use of the legally nonconforming structure receives site plan approval, or any other necessary approvals. (b) OCR: Office, commercial, residential district. The OCR, office, commercial, residential district, is intended to provide areas for the development of restricted office, commercial, and residential activities in a manner which will be compatible with surrounding neighborhoods. The OCR district is further intended to provide land use controls for ensuring the separation of potentially incompatible activities, such as intense commercial uses, from established residential areas. (c) MED: Medical district. The MED, medical district, is intended to provide a variety of uses which support a major medical facility, and to protect such major medical facility from encroachment by land uses which may have an adverse effect on the operation and potential expansion of the facility. Land uses that could cause an adverse effect would generally include those uses that are likely to be objectionable to neighboring properties because of noise, vibration, odors, smoke, amount of traffic generated, or other physical manifestations. (d) CN: Neighborhood commercial district. The CN, neighborhood commercial district, is intended to provide areas for the development of highly restricted commercial activities to serve primarily the residents of the immediate area. The CN district is further intended to limit the intensity of commercial activities in order to ensure compatibility with nearby residential uses. (e) CL: Limited commercial district. The CL, limited commercial district, is intended to provide areas for the development of restricted commercial activities. The CL district is intended to accommodate the convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. (f) CG: General commercial district. The CG, general commercial district, is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services nor industrial uses. (g) CH: Heavy commercial district. The CH, heavy commercial district, is intended to provide areas for establishments engaging in wholesale trade, major repair services and restricted light manufacturing activities. The CH district is further intended to provide support services Attachment 6 321 necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts. (3) Relationship with land use map. The commercial districts may be established in the following land use designations: C/I - Commercial industrial PUB - Public RC - Regional commercial PRO may also be established in L-1, L-2, M-1, and M-2 land use designations. 2 CN may also be established in AG -1, AG -2, AG -3, R, L-1, L-2, M-1, and M-2 land use designations. (4) Uses. Uses in the commercial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings. Commercial uses and activities shall be contained within an enclosed area unless otherwise specifically allowed herein or unless allowed as an accessory or temporary use approved by the community development director. Attachment 6 322 Commercial Land Use Designation District C/I PUB RC PRO 1 X - - OCR X - - MED X - - CN CL X X - CG X X X CH X X - C/I - Commercial industrial PUB - Public RC - Regional commercial PRO may also be established in L-1, L-2, M-1, and M-2 land use designations. 2 CN may also be established in AG -1, AG -2, AG -3, R, L-1, L-2, M-1, and M-2 land use designations. (4) Uses. Uses in the commercial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings. Commercial uses and activities shall be contained within an enclosed area unless otherwise specifically allowed herein or unless allowed as an accessory or temporary use approved by the community development director. Attachment 6 322 Attachment 6 323 i { ' ' • • MED Agriculture Agricultural Production Horticultural and landscape plants and specialties Kennels and animal boarding Pet-grooming (no boarding) - - Agricultural Services Landscape services 1 - Commercial fishery Commercial Construction General building contractors/special trade contractors/construction yards ° - - - - - -- -- MMF7 Finance, Insurance, Real Estate, Legal Services Banks and credit institutions Small-scale banks and credit institutions - Security and commodity brokers Insurance agents, brokers and service - Automatic teller machines P Attachment 6 323 Attachment 6 324 District - ---- - I ' ' • • MED CG F - Real Estate-�_ P Holding and other investment offices --- - ----- - - - ----- - Legal services m P ---- ', P ------ Services - -- - - Lodging facilities hotels and motels N�I77Mml P �NFAE Boardinghouses - P Bed and breakfast Membership based hotels ��---- - i P Personal Services - ■I■----- - P Laundries and laundromats (excluding drycleaners) Garment pressing and drycleaners drop- off/pickup P Linen supply Carpet and upholstery cleaning . - , p P Dry cleaning plants - -- � _ P Photographic studios Beauty shops P II Barbershops _ P - Attachment 6 324 Attachment 6 325 --- ------------- District •--- N:. MED CG - Shoe repair �� P Funeral homes ■� _ !■ I P Funeral chapels Crematoriums - P Services ■Business � P Advertising- Credit reporting and collection ■� — I � P P Mailing, reproduction and stenographic services Equipment rental and leasing - P Employment agencies . � f? - -Help supply services P Computer and data processing I -Elm p MI Bail bondsman General and professional office ° ■ - P g Auto Repair, Services and ParkinEN - P P - Automotive rentals - - Automobile parking and storage Body and paint shops - Attachment 6 325 Attachment 6 326 District General automotive repair ' • • � MED CG P Carwashes P P Automotive fluid sales and services (other than gasoline) Miscellaneous Repair Electrical repair Watch, clock, jewelry - -P P Reupholsters and furniture Welding.- - �■ - I� - - - _ - - - -----II��� Motion Pictures - - INIF- _ IE�E'I� Production and distribution services ���___ ■ P _ _ P Motion picture theaters Drive in theaters (unenclosed commercial amusement) — Video tape rentals Amusement and Recreation - P Dance studios, school and halls, gyms P Theatrical production including musicE � P Enclosed commercial amusementsE — - I P Attachment 6 326 Attachment 6 327 District - ----- � 'j • • • MED CG Unenclosed commercial amusements except miniature golf courses and driving ranges P P Health and fitness centers Membership sports and recreation i Coin-operated amusements Elm[ - - EI� - P S A - Miniature golf courses Driving ranges g - - ■�- -- - - _ ■�� - --- --- P P E�EF � P Health and Medical Services Offices and clinics- ■� Total care facilities - -- -- Hospitals P Medical and dental laboratory P P Home health care services P P Specialty outpatient clinics P P Veterinarian clinic � I A Wholesale Trade FDurable goods (not including demolition debris site, junkyards, recycling center) - Nondurable goods Attachment 6 327 Attachment 6 328 District i ' ' • • MED l R CG Recycling center (including vegetation debris mulching) Retail Trade Convenience stores � n P Building materials and garden supplies I A Paint, glass and s to wallpaper stores INE - E�m P - - -- Hardware stores - - - P A Retail nurseries and garden supplies �■�� - NOV Model mobile home display Mobile home trailer sales General Merchandise ff Department stores, - P Variety stores P Flea market Auction facilities, unenclosed Auction facilities, enclosed - P Used merchandise (including pawn shops) � P Food Stores - - -I -- Grocery stores F--- - Attachment 6 328 Attachment 6 329 District ' ' • • MED CG Meat and fish markets - P Fruit and vegetable markets P Candy, nut and confectionery stores P P Dairy product stores - P — - - — - Retail bakeries - - Automotive Dealers and Services � 4P NEI- -- W. New and used cars dealers P Used vehicle sales S P Auto and home supply stores - Gasoline service stations - P Boat sales and rentals - A Recreational vehicle sales - -MIN A Motorcycle dealers Automotive fuel sales -P -;Elm MIN I - Commercial marina - A Marine repair and service A Apparel and Accessory Stores P Furniture and Home Furnishings Attachment 6 329 Attachment 6 330 - District �- - - 1 Furniture and home furnishing stores - .. • 'I�� • MED A CG P P P P P J' P P i S ___I� -P — P P P 1 Small-scale home furnishings showrooms (excluding furniture and major appliances) Household appliance stores Radio, television and computer stores Eating and Drinking Establishments Restaurants Carry out restaurants A � ■� ■i� Drive through restaurants Bars and lounges g '�� � - - P ��.■---I _ P P I'■� Bottle clubs Miscellaneous Retail. Drugstores ----�� Liquor stores Miscellaneous shopping goods Florists -- -- - News stands -- Sporting oods - - _---- - - E�[ �■ PP1�____- P it Optical goods Attachment 6 330 - Attachment 6 331 District • • MED CG Gift stores P P i Book and card store Catalogue and mail order house P - P P Fuel Dealers Food and Kindred Products IElm, - p - ---- - Fruit and vegetable packing houses A �M� Fruit and vegetable juice extraction Community Services Educational Services A A II A A Educational centers including primary and secondary schools Colleges and universities Libraries � A I'■■ - P-- 1 -- - _' Vocational technical and business � -_ P _ - �� P - - InstitutionalN�NF - --- - - - ■� P EEF - P Individual and family services Job training servicesENN P -- P Child care and adult care Homes for aged, including nursing homesd A Attachment 6 331 Attachment 6 332 District - ' MEDCG P �m S MIN rest homes Residential treatment center Place of worship - MINI P S Group homes residential centers P Adult congregate living facility (21+ residents) i� P S Cultural and Civic Facilities I■� Civic and social membership organizations anizations ■_ A-- A �� - - P P i Public Administration Government administrative buildings ! A P P Co u rts - Emergency services- - �,�� Industria! P P Printing and publishing Machine shops - Chemicals and Plastics Rubber and plastic footwear - - Hose, belts, gaskets packing:Elm Assembly production (not including manufacturing) - 0 - Attachment 6 332 j District MED � CG � Transportation and communication Railroad/Bus Transportation Services Local and suburban transit - P_ Trucking and courier services - - - Elm MIN - Commercial warehousing and storage Moving and storage - --------------- - - - - Trucking terminals - Self-service storage facilities - A Outdoor storage Vehicle storage lot (paved/unpaved) 3 �� - - - ■�� - - . Post Office E�E, P ElmP - l - Water transport services Air transport services E - -N�m Pipelines mm - -- - - E�m _ —_.IW Heliport/helipad ]E�El S - - -- S Recycling centers Travel and tour agencies Freight transport arrangement � - P P Attachment 6 333 -- � CommunicationsL■I� Telephone and telegraph .. - MED --'' - District --- - - � - - -- CG p P --P�I A5:: P S P Radio and television broadcasting !■.� F_ Cable and pay T.V. I Communications towers (wireless facilities) A s Communications towers (non -wireless facilities) ° Amateur radio (accessory use) NEF Less than 80 feet P 80 feet or taller (see 971.44(4) for special criteria) Commercial JIMIUp 1 S E� �_ -- to 70 feet: Camouflaged PI���-Non-camouflaged P 70 feet to 150 feet: I I A A Camouflaged ME A Monopole (minimum of 2 users) A Not camouflaged and not monopole S S tchment 6 334 P = Pern fitted use A = Administrative permit use S = Special exception use 1 No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of subsection 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 3 Standards for unpaved vehicle storage lots are found in subsection 954.08(6). 4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: • All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces. Attachment 6 335 District. • • • • MED ( CG Over 150 feet: All tower types (see 971.44(1) for special criteria) Public and private utilities, limited A A Public and private utilities, heavy - Residential Uses '■�� -- — - - - Single-family dwelling Duplex - - q - Multifamily dwelling '�� Accessory housing (watchman) A P = Pern fitted use A = Administrative permit use S = Special exception use 1 No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of subsection 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 3 Standards for unpaved vehicle storage lots are found in subsection 954.08(6). 4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: • All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces. Attachment 6 335 • The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use. • Except for vehicle parking, all uses shall be conducted within an office building. 5 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. (5) Accessory uses and structures as provided in Chapter 917. (6) Required improvements. All future subdivisions and site plans for development in commercial districts shall install the following improvements, designed and constructed to meet the requirements and specifications of the Code of Laws and Ordinances of Indian River County, Florida. (7) Size and dimension criteria: District PRO OCR MED CN CL CG CH Bikeways x x x x x x x Sidewalks x x x x x x x Streetlights x x x x x x x (7) Size and dimension criteria: Attachment 6 336 10,000 . 100 Min. Lot Size sq. ft. .20,000 100 Min. Lot Width ft. Min. Yards ft. Front Rear�!� 25 20 - 25 10 I Side Max. Building Coverage 20 40 V , 10 40 Min. Open Space % .� 30 , 25 Attachment 6 336 Max. Building Height ft. Abutting Use/District District 35 Multi -Family Buffer Type 35 , Residential District Regulations. ER C - 6 ft. Opaque RM -8 MED RM -8 !. C - 3 ft. Opaque -_ -_ Hotel and motel minimum square feet of land area per unit B - 6 ft. Opaque C - 6 ft. Opaque 1200 B - 6 ft. Opaque 1200 CG Notes: Yards - Front Yards abutting S.R. 60 shall be seventy-five (75) feet; Rear Yards (CH only) 0 if abutting FEC Railroad; Side Yards (CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved access easement 0 if abutting FEC Railroad (CH only). Height - See section 911.15 for exceptions. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR "Maximum building coverage for a single story warehouse or industrial building is fifty (50) percent. (8) Required buffer yards: Attachment 6 337 Abutting Use/District District Single -Family Buffer Type Multi -Family Buffer Type PRO C - 6 ft. Opaque C - 3 ft. Opaque OCR C - 6 ft. Opaque C - 3 ft. Opaque MED C - 6 ft. Opaque C - 3 ft. Opaque CN B - 6 ft. Opaque C - 6 ft. Opaque CL B - 6 ft. Opaque C-6 ft. Opaque CG B - 6 ft. Opaque C - 6 ft. Opaque CH B - 6 ft. Opaque B - 6 ft. Opaque Attachment 6 337 Buffer yards are required along rear/side property lines and measured at right angles to lot lines. All screening and buffering requirements shall meet the standards established in section 926, Landscaping and buffering. No parking or loading shall be permitted within buffer yards. When a loading dock is proposed to serve a use that normally requires frequent deliveries (e.g., grocery store, department store, big box retail), and when the loading dock is to be located adjacent to a residentially designated site, and when the loading dock will not be screened from view from an adjacent residential site by an intervening building or structure, an eight -foot high wall shall be required between the loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along. the wall are required in accordance with the standards of landscape section 926.08. (9) Special district requirements. (a) PRO -Professional office district. Location and land use. a. The PRO district may be established in areas designated as L-1, L-2, M-1, M-2 or commercial on the future land use map. b. The PRO district may be established on residentially designated land if located on an arterial or collector road as identified in the comprehensive plan. 2. District size. The PRO district shall have a minimum district size of five (5) acres and a maximum district size of twenty-five (25) acres. The PRO district may be reduced to two and one-half (2'/z) acres if the parcel(s) under consideration to be zoned PRO satisfies all of the following criteria: a. The parcel(s) abuts a commercial node or corridor; and b. The parcel(s) is located within a substantially developed area; and c. The parcel(s) is located in an area dominated by nonresidential uses. 3. District depth. The PRO district shall have a maximum district depth of three hundred (300) feet, measured from the adjacent collector and/or arterial roadway. The maximum depth may exceed three hundred (300) feet for platted lots of record where the majority of the lot is within three hundred (300) feet of the collector on arterial roadway. (b) CN -Neighborhood commercial district. Land use and location. The CN, neighborhood commercial, district has been established on various sites throughout the county that are designated AG -1, AG -2, AG -3, R, L -I, L-2, M-1 or M-2 on the future land use map. No new CN neighborhood commercial districts shall be established, and no existing CN district shall be expanded. Allowable uses. Uses allowed within a neighborhood node shall be those uses allowed within the neighborhood commercial (CN) zoning district. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §§ 6, 8, 2-27-91; Ord. No. 91-48, §§ 20, 22, 23, 12-4-91; Ord. No. 92-11, §§ 3, 14, 24,4-22-92; Ord. No. 92-39, § 8, 9-29-92; Ord. No. 93-8 §§ 13, 18, 3-18-93; Ord. No. 93-29, §§ 5D, 11C, 9-7-93; Ord. No. 94-1, § 2E, 1-5-94; Ord. No. 94-25, §§ 1, 13, 8-31-94; Ord. No. 96-24, § 6, 12-17-96; Ord. No. 97-16, § 3(5), 5-6-97; Ord. No. 97-21, § 4(A), 7-15797; Ord. No. 97- 29, §§ 2(A), 6, 12, 12-16-97; Ord. No. 98-9, § 9, 5-19-98; Ord. No. 99-13, § 7A, 5-5-99; Ord. No. 2000- 039, § 1, 11-21-00; Ord. No. 2002-016, § IE, 4-2-02; Ord. No. 2002-031, § 1E, 11-12-02; Ord. No. 2003- 004, § 1, 2-4-03; Ord. No. 2010-017, § 1, 10-5-10; Ord. No. 2012-016, §§ 4, 7E, 8, 9, 7-10-12; Ord. No. 2015-005, § 1, 6-2-15) Attachment 6 338 2 G Li ,7 ,1 INDIAN RIVER COUNTY, FLORIDA. MEMORANDUM TO: James E. Chandler County Administrator DEP TMENT HEAD CONCURRENCE Robert M. Keating, AI THROUGH: Sasan Rohani; AICI�� %2 . Chief, Long -Range P anning FROM: John Wachtel 1 Senior Planner, Long -Range Planning DATE: July 13,1999 RE: County Initiated Request to Rezone±136 acres from RM -8, RM -6, and RS -6 to MED (RZON 99-04-0218) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 27, 1999. DESCRIPTION AND CONDITIONS This is a county initiated request to rezone ±136 acres located at the southeast corner of US 1 and 41' Street (South Gifford Road). The request involves rezoning the property from RM -8, Multiple - Family Residential District (up to 8 units/acre), RM -6, Multiple -Family Residential District (up to 6 units/acre), and RS -6, Single -Family Residential District (up to 6 units/acre) to MED, Medical District. On March 17, 1998, the county adopted comprehensive plan amendments based on its Evaluation and Appraisal Report. Those amendments added ±182 acres to the 37`" Street/US 1 Medical/ Commercial Node by extending the node's northern boundary to 4151 Street. On April 14, 1998, the Board of County Commissioners granted a land owner's request to rezone ±46 acres of the node, located at the southwest comer of 4151 Street and Indian River Boulevard, to MED. The purpose of this request is to rezone the remaining ±136 acres of the node to MED, making the zoning and land use designation consistent for the entire node. On May 27, 1999, the Planning and Zoning Commission voted 5 to 0 to recommend that the Board of County Commissioners approve the proposed rezoning. On July 13, 1999, the Board of County Commissioners held a public hearing on the proposed rezoning. At that meeting, the Board voted 5 to 0 to hold a second public hearing on the proposed rezoning at its regular business meeting on July 27, 1999. 339 State law provides some special requirements for rezoning requests, such as the subject request, that are county initiated and involve more than ten acres. The most relevant of those special requirements are the following: The Board must hold two advertised public hearings; One of the public hearings must be after 5:00 p.m. on a weekday, unless four Commissioners vote to conduct that hearing at another time of day; and s The second hearing must be held at least ten days after the first hearing and must be advertised at least five days prior to the second hearing. The first rezoning public hearing was held at the July 13, 1999 Board of County Commissioners meeting, At that meeting, the Board voted 5 to 0 to hold the second rezoning public hearing at the July 27, 1999 Board of County Commissioners meeting. Because that meeting meets the requirements for the second hearing, the rezoning ordinance can be adopted following that public hearing. Existing Land Use Pattern The western ±100 acres of the site are zoned RM -6 and consist primarily of citrus groves, The exceptions are several small areas near 39`' Street which are either cleared land or contain native uplands. The t2 acre Hosie -Schumann neighborhood park is also located in this area. The western half of the remaining ±36 acres is zoned RS -6 and consists of citrus groves, while the eastern half is zoned RM -8 and contains N�HC Place, an adult living facility. East of the subject property, across Indian River Boulevard, land is zoned RJv1-8 and contains a mix of vacant uplands and estuarine wetlands. Although the county's zoning atlas depicts estuarine wetlands within the county as .having various zoning designations, all environmentally important estuarine wetlands are deemed to be zoned Con -2, Estuarine Wetland Conservation District (up to 1 unit/40 acres). Land in the southwest comer of 41" Street and Indian River Boulevard, north and east of the subject property, is within the MED zoning district and consists of citrus groves. On the north side of 4l" Street, land consists of citrus groves and is zoned RM -6 and RM -8. The exception is the northwest corner of 41" Street and Indian River Boulevard which is zoned RS -6. West of the subject property; across US 1, land is within the CG, General Commercial, zoning district and consists of a mix of commercial buildings and single-family homes. East of US 1, 39' Street forms the southern boundary of the western portion of the subject property. South of 39"' Street land is zoned Rill -8 and consists of the W.E. Geoffrey Subdivision of single-family homes. Along the rest of the subject property's southern boundary, land is zoned MED and consists of various medical uses. Future Land Use Pattern The subject property is designated C/I, Commercial/Industrial, on the comprehensive plan's future land use map. The C/I designation permits commercial and industrial zoning districts, including the requested MED district. Also designated C/I is land abutting the subject property in the southwest corner of 41" Street and US 1, land west of US 1, and land on the north side of 37' Street, between 17'h Avenue and Indian River Boulevard. 340 All other land surrounding the subject property, including land north of 41' Street and east of Indian River Boulevard, is designated M-1, Medium -Density Residential -1, on the county future land use map. The M-1 designation permits residential densities up to 8 units/acre. Except for a few vacant upland areas, the subject property is currently used for citrus groves. No wetlands exist on site. Eastern portions of the site are within an "AE" 100 year floodplain, with a minimum base flood elevation requirement of seven feet NTGVD. The site is within the Urban Service Area of the county. Wastewater service is available to the site from the Central Regional Wastewater Treatment Plant. Centralized potable water service is available to the site from the North County Reverse Osmosis Plant. Three major roads border the site. Abutting the site on the north is 4151 Street. Classified as an urban minor arterial on the future roadway thoroughfare plan map, 4151 Street is a two lane road with approximately 1.00 feet of public road right-of-way. Indian River Boulevard borders the site on the east. Classified as an urban principal arterial on the future roadway thoroughfare plan map, Indian River Boulevard is a four lane road with approximately 200 feet of public road right-of-way. Abutting the site on the west is US 1. Classified as an urban principal arterial on the future roadway thoroughfare plan map, US 1 is a four lane road with approximately 70 feet of public road right-of- way. No improvements to these roads are currently programmed. In this section, an analysis of the reasonableness of the application will be presented. The analysis will address: • concurrency of public facilities; • compatibility with the surrounding area; • consistency with the comprehensive plan; and • potential impact on environmental quality. This site is located within the county Urban Service Area, an area deemed suited for urban scale development. The Comprehensive Plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Drainage and Recreation (Future Land Use Policy 3.1). The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The Comprehensive Plan and Land Development Regulations also require that new development be reviewed to ensure that the minimum acceptable standards for these services and facilities are maintained. Policy 3.2 of the Future Land Use Element states that no development shall be approved unless it is consistent with the concurrency management system component of the Capital improvements Element. For rezoning requests, conditional concurrency review is required. Conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, county regulations call for the 341 concurrency review to be based upon the most intense use of the subject property based upon the requested zoning district. For commercial rezonings, the most intense use (according to the county's Land Development Regulations) is retail commercial with 10,000 square feet of gross floor area per acre of land proposed for rezoning. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: 2. Existing Zoning District: 3. Proposed Zoning District: 4. Most Intense Use of Subject Property under Current Zoning District: 5. Most Intense Use of Subject Property under Proposed Zoning District: - Transportation ±136 acres 118 acres of RM -6 & RS -6 (up to 6 units/acre), & 18 acres of RM -8 (up to 8 units/acre) MED, Medical District 852 Single -Family Units 1,360,000 sq. ft. of Retail Commercial (Shopping Center in the 6th Edition ITE Manual). The most intense use of the site allowed under the proposed rezoning is calculated to be 10,000 square feet of retail shopping center per acre of land proposed for rezoning. At that rate, the most intense use of the site would be 1,360,000 square feet of retail shopping center. Such a development would be nearly as large as the 1,500,000 square foot Indian River Mall Regional Shopping Center Project. A review of the traffic impacts that would result from such a development on the subject property indicates that the existing level of service "D" or better on impacted roadways would not be lowered. The site information used for determining traffic impacts is as follows: Use Identified in 6th Edition ITE Manual: Shopping Center For 1,360,000 sq.ft. Shopping Centers in 6th Edition ITE Manual: a. P.M. Peak Hour Trip Ends: 2.33/1,000 square feet b. Inbound (P.M, Peak Hour): 50% i. Northbound (P.M. Peak Hour): 60% ii. Southbound (P.M. Peak Hour): 40% C. Outbound (P.M. Peak Hour): 50% i. Northbound (P.M. Peak Hour): 40% ii. Southbound (P.M. Peak Hour): 60% 3. Peak Direction of Indian River Boulevard, from Vero Beach city limits to 53rd Street: Northbound 4. Percentage of Project Trips on This Segment of Indian River Boulevard: 50 5. Formula for Determining Number of Peak Hour,Teak Season/Peak Direction Trips Generated on the Most Impacted Segment of the Roadway Network (Indian River Boulevard): Total Square Footage X P.M. Peak Hour Rate X Inbound P.M. Percentage X Inbound -Northbound Percentage X Percentage of Trips on Indian River Boulevard (1,360,000 X 2,33/1,000 X.5 X.6 X.5 = 476) 6. Traffic Capacity on this segment of Indian River Boulevard, at a Level of Service "D": 1,890 peak hour/peak season/peak direction trips 342 7. Total Segment Demand (existing volume + vested volume) on this segment of Indian River Boulevard: 679 peak hour/peak season/peak direction trips , To determine the number of trips that would be generated by the most intense use of the subject property under the proposed zoning district, the maximum square footage allowed under the proposed zoning (1,360,000) was multiplied by ITE's factor of 2.33 trips/1,000 square feet to determine the total number of trips generated (3,169). Of these trips, 50% (1,585) will be inbound, and 50% will be outbound. Of the inbound trips, 60% or 951 will be northbound. Development on a site as large as the subject site would likely have several entrance/exit points. A trip distribution model indicates that Indian River Boulevard would receive 50% of the trips generated. Therefore, rather than assign all trips to one road, only 50%, or 476, of the 951 inbound - northbound trips were assigned to Indian River Boulevard. Using a modified gravity model and a hand assignment, the trips generated by the proposed use were then assigned to impacted roads on the network. Capacities for all roadway segments in the county are updated annually. Available capacity is the total capacity less existing and committed (vested) traffic volumes; this is updated daily based upon vesting associated with project approvals. The roadway segment that would be most impacted by development on the subject property is Indian River Boulevard, from Vero Beach city limits to 53rd Street. The traffic capacity for that segment of Indian River Boulevard is 1,890 trips, while the Total Segment Demand (existing traffic volume + vested traffic volume) is 679 trips. The additional 476 trips associated with the most intense us allowed under the proposed zoning district would increase the total trips for that segment of Indian River Boulevard to approximately 1,155, less than its capacity at LOS "D" (1,890). Based on the above analysis, staff determined that Indian River Boulevard and all other impacted roads can accommodate the additional trips without decreasing their existing levels of service. - Water A retail commercial use of 1,360,000 square feet on the subject property will have a water consumption rate of 408 Equivalent Residential units (ERU), or 102,000 gallons/day. This is based upon a level of service standard of 250 gallons/ERU/day. Water lines extend to the site from the North County Reverse Osmosis Plant which currently has a remaining capacity of approximately 2,400,000 gallons/day and therefore can accommodate the potable water demand associated with the proposed zorung district. - Wastewater The subject property is serviced by the Central Regional Wastewater Treatment Plant. Based upon the most intense use allowed under the proposed zoning district, development of the property will have a wastewater generation rate of approximately 408 Equivalent Residential Units (ERU), or 102,000 gallons/day. This is based upon the level of service standard of 250 gallons/ERU/day. The Central Regional Wastewater Treatment Plant currently has a remaining capacity of approximately 1,200,000 gallons/day and can accommodate the additional wastewater generated by the proposed zoning district. - Solid Waste Solid waste service includes pick-up by private operators and disposal at the county landfill. For a 1,360,000 square foot commercial development on the subject site, solid waste generation will be approximately 13,600 waste generation units (WGU) annually. A WGU is a Waste Generation Unit measurement equivalent to one ton (2,000 pounds) of solid waste. Using the accepted conversion rate of one cubic yard for every 1,200 pounds of compacted solid waste generated, the 1,360,000 343 square feet of commercial development would be expected to generate 22,667 cubic yards of waste/year. A review of the solid waste capacity for the active segment of the county landfill indicates the availability of more than 830,000 cubic yards. The active segment of the landfill has a 1 year capacity, and the landfill has expansion capacity beyond 2010. Based on staff analysis, it was determined that the county landfill can accommodate the additional solid waste generated by the proposed zoning district. - Drainage All developments are reviewed for compliance with county stormwater regulations which require on-site retention, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge requirements of the county Stormwater Management Ordinance. Any development on the subject property will be prohibited from discharging any runoff in excess of the pre -development rate. In this case, the minimum floor elevation level of service standard applies, since the property lies within a floodplain. Consistent with Stormwater Management Sub -Element Policy 1.2 and Section 930.07(2) of the county's LDRs, the finished floor elevation of any new buildings constructed within a floodplain must be elevated at least six inches above the base flood level. Since the subject property lies ,kithin Flood Zone AE -7, which is a special flood hazard area located within the 100 - year floodplain, any development on this property must have a minimum finished floor elevation of no less than 7.5 feet above mean sea level. Besides the minimum elevation requirement, on-site retention and discharge standards also apply to this request. With the most intense use of this site, the maximum area of impervious surface under the proposed zoning classification will be approximately 95.2 acres. The estimated runoff volume, based on that amount of impervious surface and the 25 year/24 hour design storm, will be approximately 3,680,283 cubic feet. In order to maintain the county's adopted level of service, the applicant will be required to retain approximately 1,081,159 cubic feet of runoff on-site. With the soil characteristics of the subject property, it is estimated that the pre -development runoff rate is 386.61 cubic feet/second. Based upon staff's analysis, the drainage level of service standards will be met by limiting off-site discharge to its pre -development rate of 386.61 cubic feet/second, requiring retention of 1,081,159 cubic feet of runoff for the most intense use of the property, and requiring that all finished floor elevations exceed 7.5 feet above mean sea level. As with all development, a more detailed review will be conducted during the development approval process. - Recreation Recreation concurrency requirements apply only to residential development. Therefore, this rezoning request would not be required to satisfy recreation concurrency requirements. Based on the analysis conducted, staff' has determined that all concurrency -mandated facilities, including drainage, roads, solid waste, water, and wastewater, have adequate capacity to accommodate the most intense use of the subject property under the proposed. zoning district. 344 Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all policies of the comprehensive plan. Rezoning requests must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following policies and objective. - Future Land Use Element Policy 1.3 Future Land Use Element Policy 1.3 states that the county shall maintain its zoning districts to ensure the implementation of the comprehensive plan. The subject request would change the zoning of the subject property from districts that do not implement the comprehensive plan to a district that does implement the comprehensive plan. For that reason, the subject request implements Future Land Use Element Policv 1.3. - Future Land Use Element Policy 1.15 The subject property has a C/I land use designation. Future Land Use Element Policy 1.15 states that the C/I land use designation is intended for a wide range of commercial uses. Since the request is for a medical zoning district on the subject property, the request is consistent with Future Land Use Element Policy 1.15. - Economic Development Element Objective 1 Economic Development Element Objective I deals with reducing the county's unemployment rate. The request promotes this objective by facilitating the continued growth of the health care industry in the county. Past experience indicates that medical uses prefer to cluster near a hospital. By allowing medical uses near Indian River Memorial Hospital, the request accommodates that preference and thus encourages the growth the health care industry. Wltile the above referenced policies and objective are particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the comprehensive plan. Com.patibility with the Surrounding Are Staffs position is that the type of development allowed under the MED zoning district would be compatible with the surrounding area. The site is in an area of the county that is anticipated to become dominated by the health care industry and multiple -family uses. Most of the land bordering the site consists either of major roads (US 1, 4 Pt Street, or Indian River Boulevard) or other MED zoned areas. Across the roads from the site, land is generally zoned either CG, RM -8, or RM -6. Therefore, the site will primarily abut either similar uses or arterial roads on all sides. For that reason, staff feels that MED uses on the subject property would be compatible with surrounding uses. 345 r•, The majority of the site has been cleared for agricultural production and contains no environmentally important land, such as wetlands or native upland habitat. The exception is a small area of native upland communities located near 39h Street. Because those parcels are less than 5 acres in size, the county's native upland set aside requirement does not apply. Therefore, neither commercial/ industrial, nor residential development of the site is anticipated to have any impact on the environmental quality of the site. For that reason, no adverse environmental impacts associated with this request are anticipated. Situated near Indian River Memorial Hospital and other medical uses, and bounded by three arterial roads, the site is appropriate for the MED zoning district. Based on the analysis, staff has determined that the request meets all concurrency criteria, is consistent with the comprehensive plan, is compatible with surrounding areas, will have no negative impacts on environmental quality, and meets all rezoning criteria. For these reasons, staff supports the request. Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property to the MED, Medical, District by adopting the attached ordinance. 1. Rezoning Application 2. Location Map 3. Approved Minutes of the May 27, 1999 Planning and Zoning Commission Meeting 4. Rezoning Ordinance u\v\j \rz\c imed 1 \aibcc2 �.na.i^, n,.z• Ca i A44'Jveo ._. Admin. Legat i 8utlge!iDeot Riss Mgr 346 APPLICATION FORM REZONING REQUEST (RZON) ASSIGNED PRO.;ECT N1,7MBER: R=N �'� /4-/G-va/ CURRENT OWNER: (PRINT) St e_ �4A4h1t �- NAME ADDRESS CITY STATE zip PHONE CONTACT PERSON AGENT: (PRINT) 4 ft.301 f'�K33 .ZS tti.S'frce7'L ADDRESS CITY STATE R W 5�/ , �-r?—poo r z > ZIP PHONE CONTACT PERSON SIGNkTURE OF OWNERG OR AGENT SITE ADDRESS: _5o(J4eA5fcaiAtJ SITE TAX ID#S: Al"lA:.Awetj t EXISTING ZONING: l�iR()'6�a"RS-� LAND USE DESIGNATION: CIS REQUESTED ZONING: 1%l� a LAND USE DESIGNATION: TOTAL GROSS ACREAGE OF PARCEL: 136 ACREAGE (NET) TO BE REZONED: r� 6 (IF APPLICABLE): SUBDIVISION NAME, UNIT NUMBER, BLOCK AND LOT NUMBER: THE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE -APPLICATION CONFERENCE WITH STAFF FROM THE COMMUNITY DEVELOPMENT DEPARTMENT S LORANGE PLANNING SECTION IN ORDER TO RESOLVE OR AVOID PROBLEMS CO CTED WITH THE REZONING REQUEST. *******t*t***f**t**t***tt*****}****f**f***t*****#**t*t***tit******f t****t** SBE OTHER SIDE FOR GENERAL SUMMARY OF MATERIAL WHICH MUS ACCOMPANY THIS APPLICATION. t t # * } t * 4 t t f # * t # * } } t * } t t * # * # # * t t 4 f # t t t # * t t t * 4 * ! * * t t t * } f * 4 t * * } # f t * # t # * * # * p ! * t ATTA08ST I 347 W � y 4 tE. `V yJ v v a � � 2 •t i a • d j �t�i►��1 � trrmErrs r m trrs Err"�a . m o M F rm &:a so Ellrm W.a rrtt r t�t ta'ii"l�� i MMM aw --� pro n Item #4- ON MOTION by Gene Winne, SECONDED by Leland td mmission voted unanimously (7-0), to approve tbA a as submitted by Staff. uire, & Associates, Inc., Agent. To request pretimary roval for a 6 lot single-family subdivision to be kno els . The subject site is locted on the west side of -A, just no Island Park. Inning Classificati , Residential Single- (up to 6 unitstacre), and CO tion 2 (up to 1 ). Land Use Desi ns: L-1, Low Density (up to 3 . and C-2 ation 2 (up to 1 unit140 acres}. Pro 'ty: 7 THIS ITEM. WAS WITHDRAWN FROM THE AGENDA. ITEM # 3 - Public Heari�s A. )gym River County. County -initiated request to rezone +1- 136 acres from RS -6, Single -Family Residential District (up to 6 units/acre). RM -6, Multiple -f=amily Residential District (up to 6 unitsiam), and RM -8, Multiple -Family Residential District (up to 8 units/acre), to MED, Medical District. The subject property is located at the southeast corner of 41 st. Street (South Gifford Road), and US Highway I. Land Use Designation: Cts,, CommerciaUlr ustrial. The hour of 7:00 P.A. having passed, the following Notice of Public Hearing was C read. PRESS- NA! i 1 tmoo.. a�,u: M rw.+q d 2e.ao c.— ee. " MM. -w d adv rr P1Ly it a✓e. der am. M der RV~00 as + aaweaN W&V saw -4 veru t00%+. F Wrow Co-ty, Fl -Wo to swell OW004' t - *a eta n.l ad lit Casa. Aft" .a! sly %t a Sa.' COtNTY OF *40tAtt "A STATE OF FLOF40A ON at tadp M Csaq els AW sae to —0 g ed &Ai, sir aA .o! sroaar.�&ffiwA i as at fib Woll as wd a aw asrn sayers that S �'es.de^+ M tax Q*e4s,kAsrffii. A t re+wsoaW att V- Beach a o eer.3 r sd 0 % a .mrnb t mr ee .+ a'+da^ RM+ Casty. Hanot. @,at A,e attso'xd CWY Of �. beir g pwosd f0 of .Nom % Maar• � k .+Ado weke. Ca, AA of 11001061100106 a aAAd aAkk ft ayP t Cada, k" Yoft h, LpW aa0 tate *0 A+r W +Ye acts& a mora a #M d *wow* to 4 9aff4 far Gk amh ! ? d In said t» flaa6er, wy V. a 0 r -, of go—Owl Aw , n the nvtw of ,J It" F 70 0A 6 to Csw#r M wo Nobafft 0" Ca .. 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FBS. b&k AAtpWUJAMMY KI& tv a oerdd d ore pear naps q the se, 0 d h d tr+nAt OtST:Ct V to a a4++a�tKe^+ErM. txV1 iff<arh NA's+er saps tisk hi ta➢1 rtat.�,ar pMd nor proett:gtd" psalm &M tt%ATi/ACM AMC a coryvatcn a^Y dscocst. rat*%. ccirmytoicn or rthrd tOr to Dc+p of W*==Q ft hAAMJ.FAN%T ad•"�j14+A'4€"t to otAirati�+ n r c'tra0�r t sowfw aw"o w 10 1 A : : Cj1 tA4TVACFa To NO. WWAt 1 asTa,cT; Aaw "O"o-0 Swbm +a ar•d 4..Fh2rbed l OOV ma a+1A... day . t9 Co�tYK3E`/fsAMtt►. Ar+o BPECwKTryE DATE a,.. aarce;,ir; rrtT�t-. *'=_ � Do4140t bb .,, ... , was to *v, > + Csasy A*;A# 4%W Aaaq . ti wow at t1+0 M Leer, ra V bad.. nwiak UW w *r ka r•rFdry>at#r to m a ar a. • 4�Esp?Jan 01, 2W s qAApra to owlr.sAC Ca6t1rVrVowr0rPrasuco s@t ID a Ate' .; 349 Mr. Gibbs noted that on Page 4, Item Number 7, it spoke about the volume of traffic, and he asked now they arrived at the estimate. Mr. Wachtel informed the Commission that the traffic engineering department did traffic counts on a regular basis. He said that the counts were updated as new development was approved. Mr. Keating explained that the estimate was made to reflect "peak hour" travel time; the estimate was made based on traffic generated at a one-hour time period, going in one direction in the roadway. He concluded that peak -hour volumes are generally 10% of average daily volumes, and that the estimate was close to 700. He said that an hourly directional volume of 700 would correspond to a daily direction volume of 7,000, and if that figure were doubled to reflect both directions, the average daily volume on the roadway would be 14,000 trips. Mr. Gibbs asked if the County was capable of handling the volume without making changes to existing roads. -Mr. Keating directed the Commission's attention to Page 4, Item 6, and pointed out that the capacity of the roadway was 1,890. -He said that the capacity was listed in the Department of Transportation's generalized level of service manual. He noted that capacity was based on the number of lanes, the speed limit, and the number of signals per mile. A lengthy discussion followed. Vice -Chairman Hamner opened the public hearing. Annie Jenkins, residing at 1755 39th Street, came forward. She asked if the plans included property on 17th Avenue. She informed the Commission that the property she referred to was a citrus grove. There was some discussion related to the exact location Ms. Jenkins had referred to. Mr. Winne asked for clarification of the exact location, given an east/west orientation. Further discussion on location followed, and it was decided that the area Ms. Jenkins was concerned about was the Jeffrey Subdivision. Ms. Jenkins confirmed that she had received a letter from Staff regarding the property, but that she wasn't sure what it meant. She expressed her concern that she was afraid that the proposed zoning would affect her property by reducing its size. Mr. Wachtel advised the Commission that Staff had sent notification letters to all the property owners regarding the rezoning, and no one had come forward to raise any concerns. ATIA 3 350 Mr. Winne specified that the area under discussion contained a recreational area, and he wanted to know if the recreation area was within the rezoning area. He asked Ms. Jenkins if the rezoning of such property would have any impact on her community. He expressed the opinion that it might be eliminated if the rezoning went through, and asked who owned the recreational area. It was revealed that the property was privately owned. Ms. Jenkins advised the Commission that there used to be an old school building on the site where the playground was. A lengthy discussion ensued about exactly where the recreation area was. Mr. Hensick commented that the rezoning would have no effect on the recreational area if it were privately owned, the owners could keep it for recreational use if they desired- Michael esiredMichael O'Haire, Esquire, with offices located on Cardinal Drive, came forward and said that it seemed that the property tinder discussion might or might not be a playground. He commented that if it was owned by the school district, that would be one thing, but if it wasn't owned by the school district, the zoning wasn't going to be affected one way or another; it was going to be a nonconforming use when the matter was resolved. He noted that they could keep it as a school ground, or do something else with it, and if it was privately owned the owner could do something else with it regardless, as long as it met the new zoning specifications. Vice -Chairman Hamner reasssured Ms. Jenkins, and explained that the proposed rezoning would have no bearing on the ownership of her property in any way, other than by what could be put on the parcel in the future, if she chose to sell it. Vice-chairman Hamner reiterated that the rezoning would not effect Ms. Jenkin's property by forcing her to do something she didn't want to do. He confirmed that all it would do was change the underlying land use that might effect how the property is used in the future. He stressed that Staff should attempt to find out who owned the school property, and notify them as soon as possible. Vice-chairman Hamner closed the public hearing. ON MOTION by Leland Gibbs, SECONDED by Norman Hensick, the Commission voted nanimonsly (5-0), to grant the County -initiated request to rezone +1.136 acres from R.S-6, RM. 6, and RM -8, to MEDlMMieal District. AnACl jq,W 3 391' ORDINANCE NO. 99 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RM -8, RM -6, AND RS -6 TO MED, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 41'7 STREET (SOUTH GIFFORD ROAD) AND US 1, AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did Publish its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and 'K EREAS, the Board of County Commissioners has held two public hearings pursuant to this rezoning request, at which parties in interest and citizens were heard, NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: In Section 25, Township 32 South, Range 39 East: The North 17.9 Acres of the Southwest Quartet of the Southwest Quarter. The North 18.1 Acres of the Southeast Quarter of the Southwest Quarter lying West of Indian River Boulevard. The Southwest Quarter of the Southeast Quarter lying West of Indian River Boulevard, less the South 663.9 feet. In Section 26, Township 32 South, Range 39 East: The North 57.3 Acres of the East half of the Southeast Quarter. The Northwest Quarter of the Southeast Quarter lying East of U.S. Highway #I (State Road 5). Be changed from RM -8, R.M-6 and RS -6 to MED. All with the meaning and intent and as set forth and described in said Land Development Regulations. 352 ORDINANCE NO. 99 - This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 27`s day of July, 1999. This ordinance was advertised in the Press -Journal on the 30'" day of June, 1999 for a public hearing to be held on the 13' day of July, 1999. This ordinance was also advertised in the Press -Journal on the 14'" day of July, 1999 for a public hearing to be held on the 27'h day of July, 1999 at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Kenneth R. Macbt Vice -Chairman Fran B. Adams Commissioner Caroline D. Ginn Commissioner Ruth M. Stanbridge Commissioner John W. Tippin BOARD OF COUNTY CONMSSIONERS OF INDIAN RIVER COUNTY MM Kenneth R. Maeht, Chairman ATTEST BY: Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: u' vj1rz`.c imed\rzonord. o rd 353 I rN. PUBLIC 14EARING LEGISLATII[E TO: James E. Chandler County Administrator DIV)S49N HEAD CONCURRENCE: Robert M. Keating, AICP / Community Development rector 4,1;. THROUGH: Stan Boling, AICP Planning Director FROM: John McCoy, AICP �, t-� Senior Planner, Current Development DATE: June 27, 2001 SUBJECT: The 3900 Group L.L.C.'s Request to Rezone Approximately 6.09 Acres from HEED to PD (Commercial/Light Industrial) and Request for Conceptual PD Plan Approval for a Mixed Use Commercial Development It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 3, 2001. This is a request by 3900 Group L.L.C. through its agent, Mosby & Associates, to rezone approximately 6.09 acres from MED (Medical) to PD (Commercial/Light Industrial). As part of the rezoning request, a conceptual and preliminary PD plan/plat have been submitted for approval. The subject site is located at the northeast corner of U.S. 1 and 39th Street at the western edge of the existing "medical node". The purpose of this request is to secure a zoning district which allows a building complex that contains a wide mix of uses, including retail, office, contractor trade and light industrial. FXommunin Development\Users\CurDev\BCC\2001 BCC\3900 Group LI -Cs BCC Staff Report Page 1 of t l 354 At its regular meeting of May 24, 2001, the Planning and Zoning Commission voted 6 to 1 to recommend approval of the rezoning, and approved the preliminary PD plan subject to Board approval of the rezoning. The Planning and Zoning Commission added an approval condition to increase the landscaping required along the north side of the proposed building complex, and that condition is agreeable to the applicant. This added landscaping condition has been incorporated into staff s recommendation contained at the end of this report. The Board is now to approve, approve with conditions or deny the PD rezoning request and conceptual PD plan. • DEVELOPMENT APPROVAL OPTIONS AVAILABLE TO THE DEVELOPER: Presently, the subject site is zoned MED (Medical), a zoning district which allows a variety of medical -related uses, but does not allow retail sales, general office or light industrial uses. For those uses to be allowed, the subject property must be rezoned, and any rezoning must be consistent with the site's C/I Commercial/Industrial land use. designation. Since none of the standard commercial or industrial zoning districts cover the variety of uses that the applicant is proposing, there is only one option available to the applicant. That is a PD rezoning. If approved, the PD rezoning would effectively rezone the property in accordance with the approved conceptual PD plan. • THE PD ZONING DISTRICT, GENERALLY: There have been several commercial PD rezoning districts approved by the county. Unlike standard zoning districts, there are no specific size or dimension criteria for PD districts. Instead, the PD district is based on the underlying land use plan designation for density and use limitations, and on compatibility requirements. In the PD zoning district, setbacks and other typical zoning district regulations are established on a site by site basis through approval of a conceptual PD plan. Aesthetic design standards may also be required under the PD rezoning process. Adopted as part of the PD zoning for a property, the conceptual plan serves as the zoning standard for the site. A rezoning to the PD district requires the submission of a binding conceptual PD plan which, along with certain PD district requirements, limits uses and sets -forth specific development standards on the site. Thus, a PD rezoning allows a unique PD district to be developed specifically for each development site. In this case, the conceptual/preliminary PD plan proposes 81, 968 square feet of building area on 6.09 acres for uses including retail, office, and light manufacturing. Aspects of the proposed conceptual/preliminary PD will be addressed in the "Plan Analysis" section of the staff report. E"Community Development\Users\CurDev\BCC\2ool BCC\_1M Group LLCs BCC Staff Report Page 2 of 11 355 i • THE PD REZONING PROCESS: The PD rezoning review, approval, and development process is as follows: STEP 1. Rezoning and Conceptual PD Plan Approval: Review and recommendation made by staff and by the Planning and Zoning Commission. Final action taken by the Board of County Commissioners. STEP 2. Preliminary PD Plan/Plat (combination of site plan and preliminary plat) Approval: Review and recommendation made by staff. Final action taken by the Planning and Zoning Commission, subject to the Board's action on the rezoning request. STEP 3. Land Development Permit or Permit Waiver: Reviewed and issued by staff for construction of subdivision improvements (road, utilities, drainage). STEP 4. Building Permit(s): Reviewed and issued by staff for construction of buildings. STEP 5. Final PD Plat Approval: Review and recommendation made by staff. Final action taken by the Board of County Commissioners. STEP 6. Certificate of Occupancy: Reviewed and issued by staff for use and occupancy of buildings. The applicant is pursuing approval of Steps I and 2 at this time. Once a PD conceptual plan is approved, only minor modifications to the conceptual plan can be approved at a staff level. Any proposed changes that would intensify the site use (e.g. increase the maximum building area) or reduce compatibility elements (e.g. reduced buffering) may be approved only via a process involving public hearings held by both the Planning and Zoning Commission and the Board of County Commissioners. • PROPOSED PD DISTRICT FOR THE PROJECT SITE: The subject site has a C/1(CommerciaM[ndustrial) land use designation. The C/I land use designation allows a variety of commercial and industrial districts. Since the land use designation controls the use of the property by limiting the applicable zoning districts, any rezoning must be compatible with the uses allowed by the property's land use designation. Once a specific PD rezoning is approved for a site, the applicable PD conceptual plan adopted as part of the rezoning limits the type of specific uses and intensity of development on the site and establishes the site's dimensional criteria. Although PD zoning district parameters are flexible, certain standards related to uses, compatibility (buffering), infrastructure improvements, dimensional criteria, and open space are set forth in Chapter 915 (P.D. Process and Standards for Development Ordinance) of the County's Land Development Regulations (LDRs). Based upon t1M6 proposed conceptual PD plan and the Chapter 915 standards, the proposed PD district for F Community Developmer.: ';ers'C.-De,. BCC''00] BC03900 Group LLCs RCC S;atf Rep. —. Nee 3 of 1 1 T the subject site contains the special elements identified in the table below. That table also lists corresponding MED district criteria for comparison purposes. Element MED Zoning District Proposed PD District Uses :allowed Hospital and health industry Same as allowed in MED facilities, medical offices and District, plus general retail complimentary uses (limited uses, general office, retail, restaurants, hotels). warehouse, and light industrial (assembly only)* Minimum Open Space 30% 30% Setbacks 25' 25' Front: Side: 20' 10' (applies to northernmost building unit only)** Rear 20' 10' (applies to northernmost building unit only) Aesthetic Controls None Architectural requirements and foundation plantings Note*: The proposed rezoning to PD Nvill allow light manufacturing uses which are limited to assembly type uses. Note**: The reduction to 10' is allowed through the PD process. Since the adjacent properties are zoned MED, the 25' PD perimeter setback/buffer does not apply pursuant to section 915.16(1)(A). 0 EXISTING ZONING & LAND USE PATTERN The site is presently vacant and has been underbrushed, with a number of protected trees remaining on the site. To the north is a grove which is medically zoned. The property to the east is a neighborhood park and is also medically zoned. To the south, across 39th Street, are single- family homes which are zoned RM -8. To the west, across U.S. 1, there is an existing commercial building which is zoned CG. The subject site is in the Hospital/Medical node, which is 419.38 acres in size with approximately 209 acres having been developed and/or site planned. The majority of the 210.38 acres of vacant medical node property was added to the node a few years ago via the EAR -based land use p 357 amendments and rezonings. That node expansion occurred on properties located north of 3 t/i F Comr.._-.ity Development Users CurDev`.BCC,2001 BCC '-900 Group LLCs BCC Staff Report Page 4 of 11 9 Street, including the subject site, and was intended to significantly increase node acreage to accommodate future growth of health services, health industries, and complementary uses. Due to the small size of the subject site, granting the rezoning request will not significantly reduce medically zoned area within the node. Also, due to the location of the subject site at the node's western perimeter at U.S. 1, granting the request will not break up the medically zoned areas of the node. These characteristics are similar to the Oak Point development (7.36 acres) located at the east perimeter of the medical node, which was rezoned from MED to OCR in May of 1999. The proposed PD rezoning is intended to provide a transition from U.S. 1 general commercial uses to medical uses within the medical node, by providing a mixed use commercial/business complex that can contain uses that complement medical node activities. • Future Land Use Map Pattern The subject property has a Commercial/Industrial land use designation, as do the properties to the north, east and west. The property to the south has an M- 1, Medium Density residential (up to 8 units/acre), land use designation. The proposed PD rezoning of the subject property is consistent with the County's Future Land Use Map. Rezoning requests are reviewed for consistency with the policies of the comprehensive plan and must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. These include agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the County, policies provide the basis for all County land development related decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following policies and objectives. •FUTURE LAND USE PMCY 1.21 states that the commercial/industrial land use designation shall be applied to those areas which are suitable for urban scale development and intensities. Those areas shall be limited to lands that are Iocated within the urban service area and near existing urban centers. Since the site is on U.S. 1 near the City of Vero Beach, is in an area of significant commercial, industrial, and medical officelhealth industry development, and has a C/I land use designation, the proposed rezoning is consistent with policy 1.21. • FUTURE LAND USF, POLICY 4-1 states that land use districts shall be located in a manner which concentrates urban uses, thereby discouraging sprawl. The subject rezoning is in an existing commercial node along U.S. I where the land use plan proposes to concentrate urban uses, such as those uses proposed with this application. Since the site is located on U.S. I and the project proposes to concentrate urban uses, the propoM F .Community Development\Users,CurDev BCC\2001 BCC'3900 Group LLCs BCC Staff Report Page 5 of 11 V rezoning is consistent with policy 4.1. • FUTURFAND IT�F POLTP yJ5 d encourages the use of the Planned Development (PD) overlay district to provide design flexibility. The PD overlay zoning district provides the ability to allow for a wide range of uses, while controlling site development and appearance. Since the subject PD incorporates the PD overlay district design feasibility to provide a diversity of uses on an appropriate site with sufficient design controls, the proposed rezoning is consistent with Policy 4.1. • ECONOMIC DEVELOPMENT POI ICY 1.1 The County shall focus its industrial expansion efforts on attracting and expanding clean, small-scale light manufacturing and assembly industries. Since the proposed project contains a mix of "business park" and "flex space" uses and design characteristics that will cater to clean, light manufacturing and assembly uses, the proposed rezoning is consistent with policy 1.1. While the referenced polices are particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the comprehensive plan. • COMPATIBILITY Staff's position is that granting the request to rezone the property to PD will result in development which will be compatible with the surrounding areas. Since the lands to the north and east are zoned MED, it is anticipated that these properties will develop with medical district uses similar to those existing facilities within the medical node. The property to the west is zoned general commercial (CG) and is developed as a patio furniture sales store. Because these properties to the north, east and west are or will be developed non -residentially, they will be compatible with the proposed project. To ensure aesthetic compatibility with facilities in the medical node, the subject project site design reflects the appearance of a business park complex, a design which is compatible with campus type medical projects. The buildings will be architecturally enhanced to appear more like a medical or retail buildings from the west (U.S. 1) frontage. This includes building articulation and a simulated brick finish. In addition, increased landscaping is being proposed along the north side of the proposed complex, where the site abuts undeveloped medically zoned property. To ensure compatibility between the subject project and the single-family residential uses on the south side of 39th Street, the conceptual plan incorporates special buffer provisions. To this end, there will be a Type "C" buffer with additional canopy trees provided along the south side of the building as foundation plantings. • CONCURRENCY No concurrency related services or facilities will be affected by the rezoning, since the rezoning is essentially a "lateral' rezoning from one type of commercial category to another. Concurrene , 9 FACotnrnunit% Development\Users\CurDev\BCC,200I BCC 3900 Group LLCs SCC Staff Report Page 6 of 12 however, is addressed in the PD plan analysis section of this staff report. • ENVIRONMENTAL LNIPACTS These issues will be addressed in the PD plan analysis. The conceptual/preliminary PD plan proposes two large, multiple use buildings and supporting infrastructure which form a business park complex oriented toward U.S. 1. The plan proposes light manufacturing, retail, general office, and contractor trades uses in a "business park" and "flex space" type of facility design. . 1. Size of Site: 6.09 Acres 2. Zoning CIassifcations. Current: CG, General Commercial Proposed: PD, Planned Development 3. Land Use Designation: C/I, Commercial/Industrial 4. Building Area by Use: ,Retail: 6,400 square feet Office: 9,600 square feet Construction Trades: 9,360 square feet Light n tfa gMolesalfL 56,608 square feet Total: 81,968 square feet 5. Building Coverage: Proposed: Allowed in MED or PD 6. Impervious Area: 7. Open Space: Required in MED Proposed in PD: 30.9% 40.0% 186,799 square feet or 4.29 acres 30% 30% 8. Parking: Required: 191 spaces F %Cornmunity Development\UserslCurDevlBCC'2001 BCC`3900 Group LLCs BCC Staff Report 360 Page 7 of 12 -� -- — Provided: 200 spaces 9. Setbacks: Front Required: 25' (MED and PD) Provided: 85' west (U.S. 1 frontage) 25' south (39`h Street frontage) Required: 20' (MED); 10' (PD) Proposed: 10' R= Required: 20' (MED); 10' (PD) Proposed: 10' Vote: Through the PD rezoning process, the applicant is requesting that the 20' side and rear setbacks in the MED district be reduced to 10'. The proposed waivers to the MED district dimensional criteria are allowed through the PD rezoning process. 10. Trafflc Circulation: The applicant is proposing two driveways to access the site. One driveway will access U.S. 1, while the other will access 39th Street. The U.S. 1 driveway dill be limited to right -in and right -out movements. The 39th Street driveway will be a full movement driveway. The driveways will provide access to the parking lots and wide rear building access aisles, and will be internally connected so traffic can flow through the site using both driveways. Traffic Engineering has approved the traffic circulation plan. A traffic impact analysis (TIA) has been reviewed and approved by Traffic Engineering. As a result of the TIA, a northbound right -turn lane is required along for the project's U.S. 1 driveway. The applicant will need to provide a design for a right turn acceptable to Traffic Engineering prior to issuance of an LDP or LDP waiver. 11. Stormwater Management: The project's preliminary stormwater management plan has been approved by the public works department, and the developer will be required to obtain a Type "A" county stormwater permit prior to issuance of an LDP or LDP waiver. A single stormwater tract is proposed on the east side of the site. That tract is proposed to be dry with a number of existing trees retained (preserved) within the retention area. 12. Utilities: The project will be connected to County water and sewer. These utility provisions have been approved by the County Utilities Department and the Environmental Health Department. 13. Landscape Plan and Buffers: The landscape plan is in compliance with Chapter 926, and includes a Type "C" buffer along the south property line adjacent to 39th Street and the single family (RM -8 zoned) area south of 39th Street. 361 FACommuni-. Development\Users\CurDev\BCC\2001 BCC\3900 Group LLCs BCC Staff Report Page 8 of 12 14. Environmental Issues: • Uplands: Since the site is over 5 acres, the native upland habitat requirements of section 929.05 potentially apply. However, there is no native upland habitat on the site; therefore, no set aside is required. • Wetlands: The environmental planning staff has verified that there are no jurisdictional wetlands on the subject site. Therefore, no wetland permits are required. 15. Dedications and improvements: • U.S. I sidewalk: A 5' wide public sidewalk is required along the site's U.S.1 frontage. The applicant will need to obtain Public Work's approval of a design for the sidewalk prior to the issuance of a land development permit or waiver, and construct or bond the sidewalk prior to issuance of a certificate of occupancy. • 39th Street Sidewalk: A 5' sidewalk is required along the site's 39th Street frontage. The sidewalk will need to be constructed or bonded prior to issuance of a Certificate of Occupancy. • 39th Street Right -of -Way: Presently, 50' of right-of-way exists for 39th Street, which is a local road requiring 60' of right-of-way. The applicant will need to dedicate 5' of additional right-of-way without compensation to provide its share of the 60' of local road right -of- way. The right-of-way needs to be dedicated prior to or via the project final plat. • Inter -connected Parking: The applicant will need to stub -out the on site westernmost north/south driveway to the north property line to provide for a future driveway connection with the commercially zoned property to the north, per LDR section 952.12. The stub -out will need to be built or bonded prior to the issuance of a Certificate of Occupancy. 16. Benefits: Through the PD process, applicants are asked to indicate how their proposal provides public benefits, beyond those provided by a conventional development. The property owner has indicated that the provision of light industrial and business services uses in a "business park" and "flex space" complex provides a public benefit. Such business park and appropriate light industrial uses are encouraged by comprehensive plan economic development policy 1.1. In addition, the PD process allows control over the aesthetics of the development, and aesthetic benefits are provided. Such benefits include U.S. 1 facade architectural upgrades, increased buffers, and foundation plantings. 17. Aesthetic Controls: Through the PD rezoning process, the following aesthetic controls have been committed to for the project: 362 F:\Community Development\Users\CurDev\BCC\tool BC03900 Group LLCs BCC Staff Report Page 9 of 12 a. Architectural: Through PD rezoning process, the staff has indicated to the applicant that it would support the request provided that the U.S. 1 building facade were architecturally enhanced to appear more like medical or retail buildings rather than manufacturing and wholesale buildings which are typically boxy with a metal exterior. The applicant is proposing an articulated building along with a "faux" brick exterior finish on the U.S. 1 frontage. The finish and design will have a campus complex look. It should be noted that the proposed building floor will be elevated to facilitate the loading docks in the rear. b. Foundation Plantings: Each individual tenant unit, which will range in width from 32' to 64', will have foundation plantings along the front (U.S. 1 frontage) of the unit. The foundation plantings will consist of ground cover, shrubs and one understory tree (oleander, crepe myrtle, cabbage palm) for each 30' of unit frontage excluding entrances. It should be noted that a Type "C" buffer with additional canopy trees (palm clusters) will be provided along the south building facade. Some of the materials will be incorporated in the foundation planting on the south facade. The applicant has revised the landscape plan, as requested by the Planning and Zoning Commission, to provide additional landscaping on the north building facade. These additional foundation plantings include clusters of palms along the north facade. 18. Preliminary Plat: The applicant has submitted a preliminary plat, which essentially constitutes a boundary plat that proposes a stormwater tract and easements but no individual lots. The proposed plat meets all applicable regulations. The final plat must be approved by the Board prior to the issuance of a Certificate of Occupancy. 19. Concurrency: The applicant will obtain a conditional concurrency certificate prior to consideration by the Board. This will satisfy the concurrency requirement for preliminary PD approval and the rezoning request. 20. Surrounding Land Use and Zoning: North: Groves/MED South: Single Family Homes/RM-8 East: County Park/MED West: U.S. 1, Patio Furniture Store/CG Based on the above analysis, staff recommends that the Board of County Commissioners approve the rezoning to PD commercial/light industrial and approve the conceptual PD plan, including the proposed side yard and rear yard setback waivers, with the following conditions: 1. Prior to the issuance of a land development permit or LDP waiver, the applicatA63 FACommunity Development Users\CurDev\BCC`2001 BCC13900 Group LLCs BCC Sufi Report Page 10 of 12 shall: (A) Submit construction plans, acceptable to Traffic Engineering, for a northbound right tum lane to serve the project's U.S. 1 entrance. (B) Submit construction plans, acceptable to Public Works, for the U.S. 1 sidewalk. 2. Prior to or via the final plat, the applicant shall dedicate 5' of right-of-way for 39th Street without compensation. 3. Prior to the issuance of a certificate of occupancy, the applicant shall: (A) Obtain final plat approval. (B) Construct or bond out for the U.S. 1 sidewalk improvements, the 39th Street sidewalk, and the driveway stub -out to the north property line. (C) Construct a northbound right tum Iane at the project's U.S. 1 entrance, in accordance with approved plans. (D) Provide all landscape buffers and foundation plantings, including the additional plantings on the north and south sides of the building complex, as shown on the revised PD plans. tndizn Riva CaI ACGravea nate Al L At—UNLEIN 164 Admin. iaLe gat 1. Application budget 2. Location Map De0 t• 3. Conceptual/Preliminary PD Plan Rask Mir. 4. Landscape Plan 5. Architecturals 6. Planning and Zoning Commission Minutes 7. Ordinance FOR: BY: 364 F: Community Development\Users\CurDev\BCC`,2C')I BCC '900 Group LI -Cs BCC Staff Report Page 11 of 12 1 r` A V , V lav ....J CG.. JTER ASSIGNED PROJECT �: ���_.. ASSIGNED FILE ISPMJ: 99030142 PROJECT NAME (PRINT): WOODLAKE COPUMONS PROPOSED PROJECT USE:Retail/Medical/PCOEIIS7io-aWa CORRESPONDING PRE -APPLICATION CONFERENCE PROJECT IRC ASSIGNED FILE NUMBER (IF ANY): PREA-99030142-25387 OWNER: (PRINT) 3900 Group, LLC NAME _ 1460 56th Square W ADDRESS — Vero Beach, FL CITY STATE ---2-296q561) 569 - 8943 ZIP PHONE Mr. Alan Sch6wer �C[O ACCT PERSON./ SIGNATURE QF- OWNER OR AGENT PROJECT ENGINEER: (PRINT) Mosby & Associates, Inc. NAME 2455 14th Avenue ADDRESS Vern Reach+ FTS CITY STATE 32960 ( 561 ) 569-0035 ZIP. PHONE Mr.RanAv L. Mosb P E CONTACT PERSON AGENT: (PRINT) NAME 2455 14th Avenue ADDRESS CITY STATE 32960 ( 561 )569 ZIP PHONE Mr. RandV L. Mosby P F CONTACT PEASON PROJECT ARCHITECT:(PRINT) NAM To Be Determined E ADDRESS CITY STATE ZIP PHONE CONTACT PERSON •PROPOSER PROJECT USE FOR ZONING DISTRICT IS: (check one) (4 PERMITTED. () ADMINISTRATIVE PERMIT *AMOUNT OF NEW IMPERVIOUS SURFACE: (SQ.FT) 191,992 •SITE ADDRESS: 3229 US Hwy. 1. OSITE TAX ID/(S): - - - - - @IS ALL OR A PORTION OF PROJECT IN ENVIRONMENTALLY SENSITIVE AREA AS DESIGNATED ON THE COMPREHENSIVE PLAN OR ADDRESSED IN A PRE -APP CONFERENCE? YES X NO •ZONING: MED Propose PD CLUP: CI •TOTAL (GROSS) ACREAGE OF PARCEL: 6.09 ac. *AREA OF DEVELOPMENT (NET) ACREAGE: .09 ac. .............v..........................,.......................... *PROPOSED CHANGES TO EXISTING DEVELOPMENT 1IF APPLICABLE): N/A A. NUMBER OF UNITS: FROM TO B, DENSITY FROM UNITS PER ACRE TO UNITS PER ACRE *USES BY SQUARE FEET GROSS BUILDING AREA RESULTING FROM. MODIFICATION T E.G. RETAIL; 5,000) USE: Retail. SQ, FT.: 15,112 USE: xce _ SQ. FT. 11,352 USE: Contractor Trades' SQ. FT.: 24 060 USE: Manufacturing SQ. FT.: 35',05,5 m - ft.m.r.:............................ w................ FOR OFFICE USE ONLY: ..�Az.,..�. DATE RECEIVED: DATE APPLICATION COMPLETE: / / REVIEWING PLANNER: (Please see other side) -�U\C\F\SPMJ.APL REV:04/22/93 365 Ar °' MED 366 1 I I I 1 i I I I � 1 I I , � l 1 t 0 m J� ------------------------------------------------------ PAVING PLAN I 367 ATfAC 3 1 1 Bim, ` I t 1 l 1\ 1 t 1 } l l 1 V .t VJ V 11 2.� Sr .YY¢ It j ` rl 2.7e4 s Rr..n_ i 1 f 1 RIXS 11 l Il � p i 1 I I r4N�K'uRmL } I t 1 wuwraCtywHc � I r , I _ I 1 1 --- - - - - -_ 9T STI3ET _50' RAW' I I I 1 i I I I � 1 I I , � l 1 t 0 m J� ------------------------------------------------------ PAVING PLAN I 367 ATfAC 3 '.'__-__-_----------------_-----_---__--___---- ' LANDSCAPE PLAN � ) . . . / / | 368 ATTAa-__— 4 � w 2 sl laso se 91 It Q -�77 '.'__-__-_----------------_-----_---__--___---- ' LANDSCAPE PLAN � ) . . . / / | 368 ATTAa-__— 4 � w Chief Dietz referred to page 3 of the draft of the Ordinance referring to "Subdivision Access Standards" and mentioned there was going to be a point where -,`he Department of Emergency Services and the Fire Division would be com' back before the P&Z in order to decide at what point it would it be mand ry for a secondary means of egress into a subdivision. A discussion ensu concerning emergency access to vehicles. Attorney Collins comme ed on page 7, item 10, "Fire Apparatus Access Requires" should be anged to "Fire Apparatus Access Requirements". He said the next pa under subsection 2, where it stated there could be exceptions to the pr vi s of this section, it was unclear whether that exception was extended for bsection 2 only, or the entire section 952.17. Chief Dietz clarified the excep ' n was intended to apply to subsection 2 only, and it was word for word ou f the new Florida Fire Prevention Code. Attorney Collins suggested it woul ake more sense to change the wording from "the provisions of this sectio of this subsection". n to more provisions Chairman Hensick then opened the Public Hearing, an because there was no one in the audience, the Public Hearing was closed ON MOTION by Dr. Cox, SECONDED by Mr. Hamner, the members voted unanimously (7-0) to recommend that the Board of County Commissioners (BCC) adopt the proposed Fire Protection LDR Amendments with the editorial changes suggested by Attorney Collins. B. 3900 Grou L.L.C. Owner Mosby & Associates, Inc., Agent. To receive a recommendation to rezone approximately 6.09 acres from MED (Medical) to PD (Commercial/Light Industrial) and approve a conceptual/preliminary PD plan/Plat to construct an 81,968 square foot mixed use building complex. The subject site is located at the northeast comer of U.S. 1 and 39th Street at the western edge of the existing "medical node". Zoning Classification: Current: CG, General Commercial. Proposed: PD, Planned Development. Land Use Designation: C/l, Commercial/Industrial. 369 ATTAtHMM 6 Mr. McCoy went over the information contained in his memorandum, which is on file in the Commission office. Mr. Gibbs suggested the trees be staggered so that more space would be covered. Dr. Cox asked if it was staffs evaluation that the mixed uses proposed in this development in and of themselves provided sufficient public benefit to warrant approval without any of the add-ons. Mr. McCoy replied the manufacturing uses were being targeted by the County under some of its economic development programs. Dr. Cox pointed out he could not be persuaded about the public benefit of the add-ons, but could be persuaded on the basis of the mixed uses. Mr. Mosby commented on the technical issue as it pertained to the improvement of U.S. 1. He pointed out since it was a FDOT road, FDOT had all of the jurisdiction; however, they had been working with the County's traffic engineers to satisfy them also. He continued, the acceleration lane extended far south of 39t' Street, and the FDOT wanted it removed because they did not want a three -lane situation past 39th Street. Mr. Schommer gave a presentation of some of the buildings and showed a sample of the bricks. He stated the buildings would be virtually hurricane proof in that they would be made up of prestressed precast concrete. Attomey Collins asked if the roofs of each of these independent buildings were to be flat or pitch roofs, and what would they look like from U.S. 1. Mr. Schommer informed him the roofing would not be seen at all, and there would be a 2 ft. parapet that would go up so that even if there was air conditioning equipment on the roof, it would generally not be seen. Ms. Keys mentioned she read somewhere that the buildings were going to be raised because of loading docks in the rear. Mr. Schommer replied it was not the case, and that the problem was, U.S. 1 was 6 ft. above 39th Street. Ms. Keys asked about the north building which appeared to be the size of a football field, with a long massive wall with absolutely no landscaping to break it up. Mr. Schommer informed her although it was not A?TAOBW P&Z 8 May 24, 2001 required, they generally landscaped all around their buildings, and had already put at least 15 palm trees throughout the area. Ms. Keys pointed out she had been told aesthetic design standards might be required under the PD rezoning process, but had not been shown any aesthetics such as an architect's rendering or something of that sort. Mr. Schommer stated a Planned Development (PD) did not usually require it, but they went quite a few steps further by doing the actual building designs and bringing in a full blown site plan to show what they intended to do. Mr. Winne did not agree he had gone quite a bit further, and had a hard time finding the benefits to the community. Mr. Schommer explained although it might start out with other uses, they expected as the medical district grows, the demand medical for usepe o space would increase, and that it would transition added, the benefit was taking a blighted section of Indian River County and bringing in businesses, and possibly jobs. Chairman Hensick then opened the Public Hearing, and because there was no one in the audience, the Public Hearing was closed. A discussion ensued conceming landscaping to the north, and it was determined there were some oaks toward the back corner, and there would probably be a Type D buffer in a 10 ft. strip, and clusters of palms. A MOTION was made by Dr. Cox, SECONDED by Mr. Gross, to recommend approval, with the addition of the landscaping requirement of a Type D buffer along the north side of the building. UNDER DISCUSSION, Mr. Winne felt the benefits described were essentially aesthetic resulting from more planning and a different type of wall construction. He commented what was being given up was the long term intended purpose of space in the medical district, and compatibility with the residential area, as well as future medical services that might be located adjacent to or nearer to this property than those presented today. He went on to say, regulations, were very clear regarding compatibility with PDs relating to future plans and future projects adjacent A nearer the P&Z 9 AT RT,2Go1 subject site, and he could not see turning it over to an unknown opportunity for light industrial development, because the Applicant could not be held to any particular specific industrial application. Mr. Gross asked for clarification from staff as to the medical services permitted. Mr. Keating informed him it had been their informal policy to allow non-medical types of uses at the periphery along the major arterials. Mr. Boling said whenever they received medical node requests, the medical district not only allowed medical offices, but uses that supported it, such as hotels, gift shops and restaurants. Dr. Cox indicated he was committed, in light of the recent reports that suggested Indian River County needed to do a little more to make itself attractive to the manufacturing sector of the economy. He recognized Mr. Winne's concerns were valid, but there was no way of establishing a requirement that it would be filled with medical related businesses. A discussion continued insofar as restricting it to the medical industry, and it was determined it should not be too restrictive so as to hurt the potential of carrying out the development. Attorney Collins stated the PD ordinance provided a mechanism for the developer to obtain waivers on a number of normal regulations imposed, in terms of setbacks and lot area. He explained a number of regulations could be waived, and the quid pro quo for that would be, the County would be allowed to impose conditions not expressly provided; however, it was really trying to come to terms with the development whereby concessions would be made by both sides. Mr. Schommer pointed out the project consisted of light manufacturing assembly operations, which was quiet, clean, and it employed people. Mr. Hamner stated what appealed to him was the same type of development was along U.S. 1 to the north, and this type of a project did not seem unreasonable. THE CHAIRMAN CALLED and the Motion passed 6-1 Mr. Winne opposed. FOR THE QUESTION, in favor of the Motion. AWAOMW 6 P&Z 10 May 24, 2001 . 'L.j ORDINANCE NO. 2001- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE ON THE ACCOMPANYING ZONING MAP FROM MED TO PD FOR THE PROPERTY LOCATED ON THE NORTHEAST CORNER OF U.S. 1 AND 39TH STREET AND DESCRIBED HEREIN AND PROVIDLNG FOR EFFECTIVE DATE. WHEREAS, on May 24, 2001, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held apublic hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida to -wit: BEGINNING AT THE NORTHEAST CORNER OF THE WEST %2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, RUN WESTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4,193.87 FEET TO THE EAST RIGHT OF WAY OF U.S. HIGHWAY NO. 1; THENCE WITH AN INTERIOR AT GLE OF 74'44'44", RUN SOUTHEASTERLY, ON SAID RIGHT OF WAY, 75.81 FEET TO A POLVT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2924.93 FEET; THENCE RUN SOUTHEASTERLY 588.93 FACommunity Development\Users\CurDevVOHN\3900 GROUP ORDINANCE 373 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11'32' 11 "; TO THE NORTH RIGHT OF WAY LINE OF 39TH STREET (50 FEET RIGHT OF WAY): THENCE RUN EASTERLY ALONG SAID RIGHT OF WAY 365.98 FEET; THENCE RUN NORTHERLY PARALLEL WITH THE EAST LINE OF R.B. SIMS LAND AS RECORDED IN DEED BOOK 1, PAGE 440, PUBLIC RECORDS OF INDIAN RIVER COUN'T'Y, FLORIDA, A DISTANCE OF 650.89 FEET TO THE NORTH LINE OF THE AFOREMENTIONED SOUTH HALF OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE WESTERLY 290.50 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. ALL THE ABOVE SITUATE IN INDIAN RIVER COUNTY, FLORIDA. Be changed from MED to PD. (CommerciaUj ghV:in al). Int All with meaning and intent as set forth and described in said land development regulations, and the attached approved conceptual PD plan and landscape plan. The provisions of this ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this day of 12001. This ordinance was advertised in the Vero Beach Press Journal on the day of , 2001, for public hearing to be held on the day of , 2001 at which time at the final hearing it was moved for adoption by Commissioner ,seconded by Commissioner , and adopted by the following vote; Chairman Caroline D. Ginn Vice Chairman Ruth M. Stanbridge Commissioner Fran B. Adams Commissioner Kenneth R. Macht Commissioner John W. Tippin ATTEST LO -A BOARD OF COUNTY COMMISSIONERS Jeffrey K. Barton OF INDIAN RIVER COUNTY County of Indian River Deputy Clerk Caroline D. Ginn, Chairman Board of County Commissioners F:\Community Development\Users\CurDe%•VOi-iN13900 GROI1D ORDINANCE 374 Effective Date: Filed with the Department of State on the day of 2001. APPROVED AS TO LEGALFORM William G. Collins, III Deputy County Attorney APPR D AS TO PLANNING MATTERS �} A �t iv Robert ; . Keating, AICP Community Development Dire or F Comm=zry DevelopmentlUsers�CurDevVOFP';�3900 GROLP ORDENAtCE F:'.Community Development\Users\CurDevUGHN\3900 GROIN ORDrNANCE 375 '-_-------------------------__-_--_----------------' / ---------------------_-'------------------- | \ � PAVING PLAN 376 ` - 8 `\---'------'-----------'-------���--------------------VA 2.M SF OICI it low v 1.200 sr 9.192 SIF '-_-------------------------__-_--_----------------' / ---------------------_-'------------------- | \ � PAVING PLAN 376 im 404cx7.26.26 sr rj) F-- 1 1 .f � '� `"I I �l +'. I , :iuyJ I { •'1 1 fir ; . t 5 'S , 1� ti�--- Q' ff `< / ', It ' tl ` :t�� . h ...726 � x�<[ ' . �e��s� � ,�.f•,E, i 1 tt II - + :1265 , � �. ^ , .•: � . / t , ', tl t, , i "'� f , + I i 1 It ; � � .y, :.7l0 sr IJ26 st --ce 'LA V- sf NI, 39-183 R ET -- ------- --- LANDSCAPE PLAN IJ 377 County Staff s Correspondence with "Colley Property" Taxpayer of Record 1. January 4, 2018 — Community Development Department staff sent a certified letter to Clifford and Lillie Colley announcing the intent to proceed with the rezoning request and requesting any comments or concerns on the requested rezoning. 2. County received certified letter receipt confirming that Lillie Colley received the letter sent. Signed on January 10, 2018. 3. January 18, 2018 —Community Development Department staff sent a copy of the proposed rezoning agenda item for the Planning and Zoning Commission (PZC) meeting via certified mail to the address of the taxpayer of record. 4. January 23, 2018 — Community Development Department staff received a phone call from Clifford Colley, son of Annie B. Colley, in which staff discussed the rezoning application with him. No formal position on whether or not Mr. Colley supports or does not support the rezoning request was provided to staff. Mr. Colley inquired as to the potential effect the rezoning would have on the property value. County staff also made Mr. Colley aware that if he or another representative could not make it to the January 25, 2018 PZC public hearing, that he/they could watch the PZC meeting via a live web feed. 5. January 24, 2018 — Community Development Department staff obtained information from the Property Appraiser's office indicating that the property value should not change if the property is rezoned as proposed. That information was then e-mailed to Mr. Colley. Staff also e-mailed a direct web link for the Planning and Zoning Commission meeting to Mr. Colley. 6. January 26, 2018 — Sent via certified mail a copy of the notice that was sent to surrounding property owner's regarding the February 8, 2018 continued public hearing. 7. County received certified letter receipt confirming that Lillie Colley received the letter sent. Signed on January 26, 2018. 8. February 2, 2018 — E-mailed a copy of the February 8, 2018 PZC continued public hearing agenda item and a copy of the PZC meeting agenda. 9. February 14, 2018 — E-mailed and mailed a certified letter announcing the upcoming April 3, 2018 Board of County Commissioners Public Hearing for the proposed rezoning applications. Included with the letter was a rezoning authorization form for Mr. Colley to sign and a self-addressed stamped envelope for Mr. Colley to return the authorization form to the County. The notification was mailed 48 days prior to the scheduled April 3, 2018 Board of County Commissioners Public Hearing for the "Colley Property" rezoning (exceeded the minimum 30 day mailed notice requirement). As of the writing of this staff report no response to the letter has been received. 10. County received certified letter receipt confirming that Clifford Colley received the letter sent. Signed on February 14, 2018. FACornmunity Development\Rezonings\41 st Street and US 1 - MED to CG\Staff Reports\BCC Item\Attachment - Efforts to Contact Colley Property Representative.docx Attachment 9 378 ORDINANCE NO. 2018 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±9.94 ACRES LOCATED SOUTH OF 41st STREET AND EAST OF US HIGHWAY 1, FROM MED, MEDICAL DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: PARCEL 1: THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, LESS THE WEST 230.00 FEET, LESS RIGHT OF WAY AS RECORDED IN O.R. BOOK 1002, PAGE 816, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. ALL SAID LANDS LYING IN SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA AS RECORDED IN O.R. BOOK 1131, PAGE 1800, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PARCEL 2: LOTS 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 AND 25, JACKSON BROTHERS SUBDIVISION, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF INDIAN RIVER Attachn" 10 Page 1 of 3 ORDINANCE NO. 2018 - COUNTY, FLORIDA, RECORDED IN PLAT BOOK 2, PAGE 71, SAID LANDS NOW SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT FROM THE AFORESAID PARCELS THOSE PORTIONS CONVEYED IN OFFICIAL RECORD BOOK 95, PAGE 246, AND OFFICIAL RECORD BOOK 1002, PAGE 797, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. AND LESS AND EXCEPT THE EAST 8.0 ACRES THEREOF. SAID PARCELS CONTAINS 9.94 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS, CONDITIONS, AND RESTRICTIONS, AS CONTAINED WITHIN THE CHAIN OF TITLE. is changed from MED, Medical District, to CG, General Commercial District. All with the meaning and intent as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 3rd day of April, 2018. This ordinance was advertised in the Press -Journal on the 18th day of March 2018, for a public hearing to be held on the 3rd day of April, 2018 at which time it was moved for adoption by Commissioner , seconded by , and adopted by the following vote: Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Joseph E. Flescher, Commissioner Timothy Zorc, Commissioner Susan Adams, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Peter D. O'Bryan, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller 380 Page 2 of 3 ORDINANCE NO. 2018 - This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director FACommunity Development\Rezonings\41st Street and US 1 - MED to CG\Ordinance\Ordinance - Schwerin Rezoning.doc 381 Page 3 of 3 ORDINANCE NO. 2018 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±0.20 ACRES LOCATED SOUTH OF 41st STREET AND APPROXIMATELY 90 FEET EAST OF US HIGHWAY 1, FROM MED, MEDICAL DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing .and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described, property situated in Indian River County, Florida, to -wit: LOTS 2 AND 26, JACKSON BROTHERS SUBDIVISION, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA, RECORDED IN PLAT BOOK 2, PAGE 71, SAID LANDS NOW SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL CONTAINS 0.20 ACRES, MORE OR LESS, SUBJECT TO ALL EASEMENTS, CONDITIONS, AND RESTRICTIONS, AS CONTAINED WITHIN THE, CHAIN OF TITLE. is changed from MED, Medical District, to CG, General Commercial District. All with the meaning and intent as set forth and described in said Land Development Regulations. Attachment 11 382 Pagel of 2 ORDINANCE NO. 2018 - This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 3rd day of April, 2018. This ordinance was advertised in the Press -Journal on the 18d' day of March 2018, for a public hearing to be held on the 3rd day of April, 2018 at which time it was moved for adoption by Commissioner , seconded by , and adopted by the following vote: Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Joseph E. Flescher, Commissioner Timothy Zorc, Commissioner Susan Adams, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Peter D. O'Bryan, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director FACommunity Development\Rezonings\41st Street and US 1 - MED to MOrdinance\Ordinance - Colley Rezoning.doc 383 Page 2 of 2 February 14, 2018 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www.ircgov.com /0,14. C3 Clifford Colley 15920 SW 102nd Avenue Miami, FL 33157 RE: Schwerin and Other's Request to Rezone properties located East of US Highway 1 and South of 41st Street, from MED to CG (RZON-99070136-80287) & County's Request to Rezone ± 0.20 Acres ("Colley Property" - lots 2 & 26 of the Jackson Brothers Subdivision) from MED to CG (RZON-2018010067-81006) Dear Mr. and Mrs. Colley: This letter is being sent as a follow-up to the January 3, 2018 letter previously mailed to you and more recent phone, e-mail, and mail communications. As previously established, public records indicate that the "Colley Property", comprised of lots 2 & 26 of :the Jackson Brothers Subdivision (4051 19th Court, Vero Beach, FL 32960) are owned by Annie B. Colley. While the property owner is listed as Annie B. Colley, public records indicate that Ms. Colley passed away in 2007 and recent communications with you confirmed that you are Ms. Colley's son. Since the tax bills have been sent to your address since at least 2008 and the tax bills have been paid, the County is providing you with this notice to meet requirements listed in Florida Statutes Section 125.66(4)(a). Please be advised that on February 8, 2018, the Indian River County Planning and Zoning Commission (PZC) continued its January 25, 2018 public hearing to consider the above referenced rezoning applications. At that meeting, the PZC voted 5 to 0 to recommend that the Board of County Commissioners (BCC) approve a modified version of the rezoning request, recommending that the BCC approve the rezoning of the western +/-10.14 acres of land from MED, Medical District, to CG, General Commercial District including the "Colley Property" (see rezoning map - Attachment 1). As you know the "Colley Property" is surrounded by the "Schwerin and Others" rezoning on three sides, therefore staff feels that it is in the best interest of the "Colley Property" to be also rezoned to CG, General Commercial. A proposed ordinance to rezone the ± 0.20 Acre "Colley Property" and the +/-9.94 surrounding properties included as part of the "Schwerin and Others" rezoning application from MED, Medical District, to CG, General Commercial District will be considered at a public hearing before the BCC at 9:00 a.m. on Tuesday, April 3, 2018, in the Indian River County Commission Chambers of the County Administration Building A, located at 1801 27th Street, Vero Beach, Florida 32960. If you have any questions or concerns regarding the request please contact me at (772) 226 — 1243. If you are in support of this request please sign, date, and mail in the enclosed rezoning authorization form. Youmay also provide written comments to this department prior to April 3, 2018 to be read into the record at the.April 3, 2018 BCC Public Hearing; or you may attend the Public Hearing on that .day and verbally share your comments. Sincerely, Bill Schutt, AICP, Senior Economic Development, Planner Long -Range Planning. Attachments 1. Proposed zoning map showing modified area proposed to be rezoned cc Stan Boling,. AICP, Community Development: Director (via e-mail) Sasan Rohani, AICP, Chief, Long -Range Planning (via e-mail) Dylan Reingold; County Attorney Bill DeBraal, Deputy County Attorney Terri Collins -Listen, Supervisor, Clerk to the Board. of County Commission Bruce Barkett, Collins, Brown, Barkett, Garavaglia & Lawn Chartered. Attorneys at. Law File ?O_C� CA u 0 a U 0 N T$ u ^) ^^0 Attachment 1 3T3_0 Indian River County Board of County Commissioners 1801 271' Street Vero Beach, FL 32960 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www.ircgov.com RE: Request to Rezone :E 0.20 Acres from MED to CG (RZON-2018010067-81006) Property Tax ID: 32-39-26-00009-0000-00002.0 Property Address: 4051 19th Court, Vero Beach, FL 32960 Subdivision: Lots 2 & 26 of the Jackson Brothers Subdivision As son of the now deceased Annie B. Colley, and current tax payer of record for the above referenced property ("the property"), the undersigned hereby .authorizes Indian River County to rezone the property from MED, Medical District, to CG, General Commercial District. Clifford Colley Tax Payer of Record Signature Date Witness (Print name Witness Signature Date FACommunity Development\Rezonings141st'Street and US 1 MED to CG\Annie Colley\Letters Sent to Clifford and Lillie Colley\L.etter Announcing BCC PH Date\Rezoning Authorization F6r.m:docx N O F -A 00 N O O 00 i E T -10 < N ::7 Ln T X (D00 O Q < 0 ., L2 n vn 'CY O. �. v (D Co N < W N �! 0 rt - n - tp .! A < O (D ' N n O r ( F 7 O (D a n IA �. O N !-� N r N O N e -F A Xr rn CQ w• - p D � rn rF - Q- o 5 w oo r•r m v 0 `G 3 0 y 0) rD 3 n c m O :� O A 0 a G N rr t7 v ro � (D Nr 00 70 raq ro 000 O On rD - 7 `G m Q n ro Ln O fr D al (D 3 ro -a (rD O (D S r+ n LSU C Ln - (n 0� n v n+ a O =rG a 7 `� c C7 ro � 3 � a' 3 - ry n) ro (D =300 a A � 1 rD m m UrD ' e -t i (D ro w' o� O O C N rD o' C H N n. to T `. 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Plea print your name, address, and ZIP+4 in this box county IC ,. street " i M, Board of County Commissioners April 3, 2018 Two Related Rezoning Requests *"Schwerin and Others" *County Initiated "Colley Property" MED to CG Location & Existing Land Uses (Southeast Corner of41s'St. & U.S. 1) Bella Subi�xdw�i�''„•,,,, -. -71 17 +��.. • #ttu�t tchL'uelau{.�s.e' �?Cn1ley Property +%-0.20 Acres \isn m*AP", %a?,k n &ethersSchwer Acres1 f49 Purpose •Secure the zoning necessary to use the site with uses that are allowed under the CG zoning district • Uses under any commercial zoning district subject to Other Corridors Special Development Regulations CG Zoning • CG zoning district allows uses such as banks & credit unions, various office uses, various health and medical uses, laundromats, beauty shops, general auto repair, car washes, health and fitness centers, veterinary clinics, kennels & animal boarding, used vehicle sales, boat sales and rental, business services, and personal services. • MED zoning district allows uses such as total care facilities, hospitals, offices and clinics, various health and medical uses, drug stores, florists, and book and card stores. zez-to Other Corridors Special Development Regulations .•Aesthetic regulations for: • Buildings •Landscaping • Signs • Lighting • Pedestrian connections required Future Land Use Map 390-f "Colley Property" • A small and isolated property surrounded by "Schwerin and Others" property • Owner of record, Annie B. Colley, passed away in 2007; appears that relatives in Miami are paying property tax bills • Applicant and staff contacted relatives: unable to obtain authorization to join rezoning request • Staff initiated including "Colley Property" in rezoning to give family relatives opportunity to object or join in during process and give BCC option to include in rezoning "Colley Property" Continued • Staff has kept "Colley Property" taxpayer of record informed of the progression of rezoning application: • Letters, staff reports, surrounding property owner notices, e-mailed link to PZC video, etc. • Phone communication • E-mails • Certified letters • Section 125.66(4)(a) of Florida Statutes establishes special notice requirements for county initiated rezoning requests of privately owned land of less than 10 acres in size. • Provide notice by mail to each affected real property owner at least 30 days prior to the date of the public hearing set for the rezoning request • Staff mailed and e-mailed the required notice 48 days prior to BCC Public Hearing • BCC Options: 1 Ord. for "Schwerin and Others" property; 1 Ord. for "Colley Property" '39J-0 Meetings •January 25th PZC Public Hearing: • +/-17.94 acre "Schwerin and Others" Rezoning Request • +/- 0.20 acre County Initiated "Colley Property" Rezoning Request • Initial staff presentation • Discussion of public notice • Nearby property owners and residents objected to: • Overall size of proposed CG area • Proximity to residential area • Some of the potential CG uses • PZC voted 5-0 to continue Public Hearing to February 8th PZC meeting • Time for residents to research the request and meet with applicant Meetings Continued. • February 6th Casa Bella HOA and "Schwerin and Others" meeting: • Coordinated with applicant and nearby property owners and residents for joint meeting • Both sides agreed to support a modified request: • Remove the eastern most 8 acres (closest to the Casa Bella Subdivision) from the rezoning request, thereby keeping those 8 acres in the existing MED, Medical District (overall rezoning request from MED to CG reduced from +/-18.14.acres to +/-10.14 acres). • Execute a voluntary restrictive covenant acceptable to opposing sides that limits uses on the remaining +/-9.94 acres included as part of the "Schwerin and Others" rezoning application. N. -OP -0 -14 Meetings Continued • February 8th PZC Continued Public Hearing: • Staff presented the alternative rezoning request to rezone the western ±10.14 acres of the original request from MED, Medical District to CG, General Commercial District • Took public comment Voted 5-0 to recommend that the BCC approve the modified rezoning request to rezone the western ±10.14 acres of the original request from MED, Medical District to CG, General Commercial District, including the ±9.94 acre "Schwerin and Others" properties and the ±0.20 acre "Colley Property". Criteria Analyzed •Concurrency •Consistency with the Comprehensive Plan •Environmental impact •Compatibility with surrounding uses , ? 3 -lam Concurrency Check for sufficient capacity for certain facilities • Transportation • Water • Wastewater • Solid Waste • Stormwater Management Concurrency Continued, • No concurrency required for requested zoning since same land use intensity for CG and MED • A detailed concurrency review will be done at the time of project development plan review 3 83 -l� Consistency with the Comprehensive Plan Future Land Use Policies 1.17..1.18., 1.43, & 15.1 • Within USA (Urban Service Area) • The C/I Land Use Designation potentially allows Commercial Zoning Districts including MED, CL, and CG • Special notice requirements for "Colley Property" For the subject property MED, CL, or CG are appropriate given the locational criteria of FLUE Policy 1.43 Future Land Use Policy 1.43 Locational criteria for when a zoning district is appropriate: MED, Medical zoning district: • within commercial/industrial nodes containing hospitals and major medical facilities • separated from industrial areas CL, Limited Commercial zoning district: • areas that are easily accessed from residential areas • between residential areas and general commercial areas or major roadways • separated from industrial areas • at node perimeters CG, General Commercial zoning district: • along arterial roads and major intersections • separated from residential development • separated from industrial areas • near retail and office areas Request is consistent with the Comprehensive Plan Z83-11 Zoning Along -US Highway 1 near 41st Street. OEM,, ±900 feet (CG)-• & Gl 53rd St. U.S. ±1,300 ft. (CG/CL 1 (SE corner) Combined). CG 47th St. & U.S. ±900 ft.CG ft.(CG) E 8 4 1 (SE corner) CG/CHr 45th St. & U.S. ±700 ft. (CG/CH GG s s t i SE corner Combined) lRroposed� ezonm 41st St. U.S. 1 ±700 ft. (CG) ":. t �3,o cH �, a qsz es�, . (SEcomer). f iaEl MED Zoned Vacant Land Total Med Zone Acreage . 408.73 Vacant MED Zoned Acreage 190.04 Amount of MED Zoned Acreage Left If Rezoning Request is Approved 179.90 '� \ \ fN, , l' Environmental Impacts • Impact is the same for current and proposed zoning • Properties formerly contained citrus groves and are no longer in their natural state • Native trees subject to county tree protection requirements No Adverse Environmental Impacts From Rezoning • South: PD (Commercial/Light Industrial), no incompatibilities • South & East: MED, no incompatibilities. CG allows service uses that could benefit workers and patients in MED • West: CG, Separated by US Hwy 1, no incompatibilities • North: RM -6, Separated by 41St Street (100' of R.O.W.), road & special landscape/buffer requirements for future uses, no incompatibilities. Colley Pro0erly +/-0.20 Acari ,3-93' P? 1'YY)W.W� "walAu ARoya � - R'. ,..: +i-9.94 Acres ,3-93' P? Conclusion Requested CG is: • Compatible with surrounding uses • Consistent with the comprehensive plan • Area deemed suitable for commercial uses • Large vacant MED -zoned area • Adjacent to major arterial road and major intersection • Meets Criteria to be Rezoned • No additional environmental impacts • Staff supports both requests Recommendation Staff and PZC recommend that the BCC approve both the "Schwerin and Others" and the "Colley Property" rezoning requests from MED to CG By adopting the ordinances attached to the agenda item X393 6��) i Uses Allowed in CG & Not MED 'ermitted A = Administrative Permit Use S = Special Exception Use Uses Allowed in CG & Not'MED continued P = Permitted A =Administrative Permit'Use S = Specia i Since the February 8t" PZC Public Hearing • The applicant has provided an executed voluntary private declaration of restrictions that will limit uses on the ±9.86 acre property under control of Warren Schwerin and Schwerin Realty Corporation. .. I.I.. ----- . .. -- ------`--"------------I--`- I----------1--1'f`I------ - -- - -- ;request ge operated tal use of coin e permitted. j facilities Uses Allowed in CG ,& Not CL 1 Uses Allowed in CL & Not MED Adveilism P Credrt:reportuigiand collection - .- ..: P g ....; ..,. .. a[el and Accesso_ Stores P Dairy productsWes _ - _ P P.p uto,and°home.supplysstores f. : P�Dancestudws school and halls gyms? L P utomotrveflu�tl ... and services �De artmenbstores7 A other;than�gasolme) A p utoinotive fuel sales - A Electncal repa!rr P Ba�lbondsman : Employnentiagencies,_ - P Banksand credit msUtutions_ P Enclosed_commeic�al amusements P Barber shopsEquipment rentallzand leasing P 1 Bars And! up t: s _;r Ss ? rurtIi I Tim,and gegetable marketsl P Beauty shopsIM Boaidmghouses,+ z; .. Ay.., urmtuie and home fuRM. sling stores A. Garment pressing and drycleaners drop Cable and pay' -'.T. V P 5 P ffL'icku F k:-. Carwashes s P Gasohneseryis ice statwns..:. ;.. „ _ A Co�n_operated 8tinu5emerits _„ Pr ._ .: eneral.androfess .pional P oinputer and_data Ps Grocery_stores _. _. E: ....... onvenience storesHardware stores P t... ;P = Permitted A = Administrative Permit Use S =Special Exception Use Uses Allowed in CL & Not MED cont. r - Place of �ti orsh� F': P T Video tape rentals P -_ ,broadcasung .:, . P;,. T , . . PWacN,cloke�ery_�Radio;andeevon, - - P = Permitted A = Administrative Permit Use S = Special Exception Use �----/4 � �� ICS Treasure Coast Newspapers I TCPAL Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zotlar, who on oath says that she Is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach In Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Copvline PO # 463755 - INDIAN RIVER COUNTY PLANNING/CDD 1951233 SHERWIN AND OTHERS Pub Dates March 18, 2018 Sworn to and subscribed before me this day of, March 19, 2018, by who is Natalie Zoll r (X) personally known to me or ( ) who has produced as identification. � anol f — q 42�w/) Karol Kangas Notary Public A. 3, ��'27 KAAOLEKANGAS Notary Public -State of Florida Commission I GG 1260x1 ?q F �•,9°',n,,••` My Comm.EVIreskii29,2021 6ondedlh�aphNaaarolN0latyAs9t A. 3, ��'27 FEMA response to Maria won't receive initial review Watchdog pivoting to `real-time feedback' Ledyard Karg na Ao .Y WASHINGTON - With FEMA facing Its deepest scrutiny in more than a decade, the gmoment watchdog in charge of measuring the agency's performance is no longer assessing Its Initial re- sponse to disastem. The decision by the Department of Homeland Sccuritys office of In- spector General no longer to issue preliminary re- ports comes as the watchdog took the ex- tmordinmy step last week of pulling a down largely positive assess- ments of the Obama ad- mbdstmtlons Initial re- sponse to several disas- ters. Acting DHS Inspector General John V Kellysaid the reports, pulled last week from the 195 web- site, didn't meet proper standards for a govern- ment audit. 'We were not conD- dent that the evidence collected (In those re- ports) was necessary to support the mnchision,' Kelly said In an Interview Thumday. -11 doesn't mean the conclusion was wrong. (but) ourstandard Is that It has to be ade- quately supported. You can't say something with- out having the evidence even if it's tmc., The Federal Emergen- cy Mani gement Adminl- Oration Is a division of the Department of Homeland Security. Instead of Initial re- ports, the agency will adopt a model that pro- vides -real-time feed- back' to FEMA about Its response to disasters based on observatlons on the ground rather than ws e reviethat comout months after a recovery begins, Arlen Morales, n spokeswoman for the IG'a orrice, wrote In an eman. -This work does not tend itself wen to a tmdi- tional audit following Government Auditing Standards. Nevertheless, the work Is critically Im- pariant. she wrote. 'By following standards that better suit the work, we ran betteramomplish Ne object]- of the work - namely, to provide timely feedback to FEMA on Is- sues before they become (multimillion -dollar) problems.' The change means the watchdog wont be issu- Ing a public assessment of FEMA's preliminaryef- forts to help Puerto Rico recover from Hurricane Maria, a dcvaslo0ng, cat- egory 4 arena that len much of the Island with- outpowerand otherbasic necessities for months. Nearly 200,000 fam- film and businesses in Puerto Rico - 16 Percent of the U.S. territory - re- main w1thout power. The Island faces a growing mental health crisis as people wrea0e with their losses from the storm. And FEMA As answering tough .,.ons about bungled contmcts in its recovery effort. Mississippi Rep. Ben- nie Thompson, the top Democrat on the House Homeland Security Com- mittee, said the federal response to last yeses hurricanes that hit Tens (Harvey) and Florida (Ir- ma) was robust and Im- mediate. The Tramp adminE- gtmtion's response to John V. Kelly Maria -was Dn Ftrtwerand Mantles said the new smaller,' he said during a approach will work better m comittee hearing than traditional audits. Thursday examining fed- -Our disaster deploy- eml efforts to help com- ment work was always munitiesrecover from meant to provide FEMA last yea, s disasters. with real-time response,' 'Even weeks after the she mid. "We believe out storm, there were only a new approach will Im- Dactlon of the federal prove our ability to do personnel on the ground that' (compared to Texas and Craig Fugate, who ran Florida): Thompson FEMA under Resident said. Ramer Obarra from 2009 Not since 2005, when to 2017, said the new ap- HUricnnekRirinadevas- preach could be more fated New (Means and beneficial than the after - killed nearly 2,000 peo- the -fact -punitive re - pie along the Gulf Coast, ports` the IG one" Issues has FEMA been under In the wake of a disaster. such a public microscope. Chester Clem - ( Aaorney - qJ� • Wilt • Trash . - ` • Esfales _ v 3 2145 I S` Ave. , Vero Beach, Fl 32960 772.978-7676 cckm@chealerdem.-to wwwchesterclem.com Affordable "Non-Jauper" Solutions, Inc. Est 1996 \n ILS, TRLSm6 ,nnbR. "`-%'-I Aj AT emple R^\T•RUTTC1'•tl rams_ 2:e, aaV airs tc TCPALM.COM 1 SUNDAY, MARCH 18, 2018 1 19A ChiropracticState of The Art od Pain Relief Without Sumely • Low Back Pain - TMJ c • Headaches • Knee or Hip • Scoliosis Pain y • Planter - Neck & Fasciitis Shoulder Pain • Sciatic Pain - Arthritis • Carpal Tunnel • Fibromyalgia mea Syndrome • Sports Injuries �k�"n:'•�eM bpdu Bead Ikea' k�nom•b 6Pdm,a FT DAVID New Computerized Gentk Treatment CHIROPRACTIC, LLC No Twisting or Popping . ... .... _.... _........ __..... ................ ............. I Only Chiropractor in Sebastian Michael David, D.C., F.IAC.N. Offering This Treatment Chiropractic Neurologist 1623 U.S. 1, Suite Be • Sebastian doctordavid0bellsouth.net 772-388-8788 www.DrMichae[David.com HIGHWAYMEN ART AUCTION SUN • MAR 18 All, 2p.m. t ABSOLUTE AUCTION J{ , FEATIJRTNG 100+ paintings dary _ i 4 h3iEgghwaayymen Arista Art4* Gvlrasec A.R. Racknq H. Newton, G. Roclme , S. Newton, A. Hair, J. Daniels, R.A. Mci.endan, H. Rake, 1. Newton, W. Daniels, C. Wheeler, 1. Kn)ght, J. Gibson, S. Wells, W.C. Reagan, D -D. Brown, T. Knowles, k Roberts, M.A- Carroll, J. May e, T. Newton, and morel TER IS, J,Rennick t �.t IXU ESUn i Aucnoks 15 Ropa1 palm Potnte - Vero Beach, FL 82960 772-562-5015 D,Wl, on oar website avww.RennickAttalco com BEFORE THE BOARD OF COUNTY COMMTSSTO\TERS TNllIAN RIVER COUNTY NOTiCF OF REZONING - PITBLiC HFARING The Board of County Commissioners of Indian Ricer County. Florida, will eonsidcr adoption of courtly ordinances rezoning land within the uninompor—el arca of Indian River (:aunty. A public hearing m which parties in interest and citizens shall have an opportunity to he heard, will he held no Tuella)•. April a, 2618,.l 9:An a.m. in the (:aunty Commission Chamber of the County Administration Building A. luxated at IMM 270h Strcct• Vem Reach, Florida. The prone ordinances m rezone the subject properties are eatitkd: (Qua4-Judicial) N AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE 7ONTNG ORDINANCE AND T14E ACCOMPANYING 70MNG MAP FOR APPROXIMATELY 19.94 ACRES LOCATED SOUTH OF 41st STREET AND FASTOF US MGH WAY1, FROM MED, MEDICAL DISTRICT TO G, GENERAL COMMERCI Al. DISTR ICT; AND PROVIDING CODIFlCATiOCN, SEVERARIIITY, AND EFFECTIVE? DATE. Ordinance a m EV PROPERTY AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±010 ACRESLOCATED SOUTH OF 41st STREET AND EAST OF US HIGHWAY 1, FROM MED, MEDICAL DISTRICT, TO CG, (iEN1ikA LCOMML'R(,lAI. Ulgl'RIL"I'; AND PROVIDING CODTFI(A'11ON, SEVERARUTI-Y, AND P.FFFC.TIVI: DATE. The rezoning applixalione may be inspmtcd by the public at the Community Development Department of the C unty Administration Building A. located at 18111 27th Street, Vero Aeaeh. Florida, be[wan the hours of 8:30 a.m, and 5:00 1,rr. an workdays For more information, oonmct Bill Schutt at (772) 2261243. The Board of County Commisioners may adopt ano[her 7oaing district, other than the district regtx W, provided that the adopted zoning district is consistent with the eounty's comprehensive plan. Anyon<uito may wish to appeal any doeision shot may be made et this meeting will Hoed thaE a verbatim record of the proowdinas is made, which includes the testimony and evidence upon which the appeal is basad. Anyone who needs a special accommodation for this mating must eom— the County" Acre irns with Disabilities Am Coordinator at (772) 2261223, rat least 48 bolus in advance of da, mating. Indian Rhe, Coun[y Board of Courtly Commi,4i. e s By. -s- Petcr U. O'Bryan, Chairman m-rs.n+er..i.xWi7c 4vw«•wrwrrn.,e-rw=.•r nn a- rvn r-r.e +tY it an dC u.-�. te, m,e Tau-nsusv ,693 -dg V ER C o °oma Office of the ` 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: April 2, 2018 SUBJECT: Millstone Landing — Progress Update DESCRIPTION AND CONDITIONS For .Board review, staff will present an update regarding construction progress and compliance with the Developer's Agreement at the Millstone Landing development project. At the Board of County Commission Meeting of .March 6, 2018,.the Board authorized lifting the moratorium on Certificates of Occupancy for Millstone Landing through April 3, 2018. RECOMMENDATION It is recommended the Board consider the progress at Millstone Landing, and provide direction to staff on issuance of Building Permits and continuation of the issuance of Certificates of Occupancy. El? co, Indian River County Florida Indian River County O`4 G2 Administration Complex r1801 27th Street, Building A Vero Beach, Florida, * * File Summary 32960-3388 �Zpg?�P www.ircgov.com File Number Title Current Status 18-1667 Administrators Matters Approval Review Emergency Addition to April 3, 2018 Agenda: Millstone Landing - Progress Update Introduced: 4/2/2018 Controlling Body: County Administrators Matters Meeting Date: 4/3/2018 Department: County Administrators Matters Drafter: droy@ircgov.com Indian River County Florida Page 1 Printed on 4/2/2018 r / INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Andy Sobczak, Infrastructure Project Manager SUBJECT: Indian River County Welcome Sign Design and Locations DATE: March 26, 2018 DESCRIPTION AND CONDITIONS At the January 23, 2018 Board of County Commissioners (BCC) Meeting, under Commissioners Matters, the topic of County Welcome Signs was discussed. At that meeting, County Staffpresented several design concepts developed by Kimley-Horn & Associates Inc. as part of a landscape and welcome sign project approved by the BCC on February 7, 2017. While the landscape portion of that project involves a section of south US Highway 1, and is moving forward, the welcome sign component involves development of a County Welcome Sign to be placed at key locations throughout the County. During the County welcome sign discussion at the January 23, 2018 BCC meeting, the idea of coordination with the Indian River County Chamber of Commerce on the project was raised. Since that meeting, County Staff coordinated with Chamber of Commerce and received input, including a preference by Chamber Staff for County Welcome Signs that include a simple message such as: `Welcome to Indian River County', and signs that are uniform, easy to read, and uncluttered. As currently designed, the County Welcome Sign alternatives meet these objectives. In order to move forward with the placement of signs, we need the Board to select one of the two available sign design options, along with a desired finish, as well as review the locations for the Welcome Signs. Once a specific design and location(s) are identified, County Staff will bring a future item to the BCC for design and construction of the project. FUNDING The cost to construct each of the County Welcome Sign design alternatives is approximately $25,000 per sign. Funding is budgeted and available from Secondary Roads/Other Contractual Services - Acct# 10921441-033490. 384 RECOMMENDATION Staff recommends that the Board of County Commissioners select and approve one of the two available County Welcome Sign designs and one of the four available finishes. In addition, Staff recommends that the Board of County Commissioners approve some or all of the five locations identified on the attached County Welcome Sign Location Map. ATTACHMENTS County Welcome Sign Design Alternatives County Welcome Sign Location Map APPROVED AGENDA ITEM FOR APRIL 3.2018 385 DESIGN OPTION 1: BRICK VENEER FINISH WELCOME TO INDIAN RIVER COUNTY 1XIN, Ell co EST : - OR ` 386 DESIGN OPTION 1: COBBLESTONE FINISH WELCOME TO INDIAN RIVER COUNTY EST. 387 DESIGN OPTION 1: FLAGSTONE (HORIZONTAL) FINISH WELCOME TO INDIAN RIVED od. --��_ COUNTY EST. l �� DESIGN OPTION 2: COBBLESTONE FINISH WELCOME TO INDIAN RIVER COUNTY 389 DESIGN OPTION 2: FLAGSTONE (VERTICAL) FINISH WELCOME INDIAN RIVER lCOUNTY i 390 DESIGN OPTION 2: ASHAR STONE FINISH WELCOME TO INDIAN RIVER COUNTY 391 0 } aZ � O ro U 2 z N O O M Ix U) 0 W � Z tic I Q Z A-LNno� V103080, U 1W w a. Z ^ ,, 'V vJ O J W F— Z O U 4--+ Q� Q t 00 Q m r O C) .� N U c� � N C � — O CD00 C W J9A LU w Z oo > 0D ! O� �O x O W W 0 U>LLJ i wU J — r Z Y 0 a o A-LNno� V103080, U 1W w a. Z ^ ,, 'V vJ O J W F— Z O U 4--+ Q� Q t 00 Q m r O C) .� N U c� � N C � — O CD00 C W J9A Indian River County Welcome Signs County Welcome Sign Design Alternatives Welcome Sign Design A Welcome Sign Design B INDIAN RIVI"R INDIAN RIOTER COUNTY COUNTY NTY i07, F:1. 0a-1 County Welcome Sign Design Finishes 1. Brick Veneer Finish INDIAN RIVI El 3. Flagstone Finish WELCOMED) INDIAN RIMER COUNTY 2. Cobblestone Finish N% I 1 (001 [ 10 INDIAN RIVER COUNTY 4. Ashlar Stone Finish INDIAN RIMER COUNTY County Welcome Sign Locations .. N2 S i4 Y, Sfj RnfeW MAbI «.... L -1—n . y N.�.ax »Cl:^rt:ESaan aces¢ H -v 1: v2.;wCTO .i ccUxre �xNG*L+hXI"� , W� @ gpneenng C?e�anmonl COUNTY WELCOME SIGN PROJECT 180127th S9 (Bldg A) M3rCh.2Q18 LOCATION MAP w County Welcome.:Sign Design/Location: •Selection of Sign Design &Finish •Selection of Sign Locations INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director James W. Ennis, P.E., PMP FROM: William Johnson P.E., Roadway Production Engineer SUBJECT: Award of Bid No. 2018005 58th Avenue Resurfacing/Reclamation from 26th Street to 49th Street (IRC -1324, FM No. 434840-1-54-01) DATE: March 23rd, 2018 DESCRIPTION AND CONDITIONS On October 18th, 2016 the Board of County Commissioners approved a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the maximum amount of $2,067,073.00 for the resurfacing of 58th Avenue which includes the northbound and southbound lanes from 26th Street to 49th Street. The bids for this project specified use of the Full Depth Reclamation (FDR) process. The FDR process shortens the duration of the construction process; however, it requires special expertise and equipment, as such, the bid specified that the bidder was to "have successfully constructed, as Prime Contractor, at least five projects similar in scope to this project". A bid opening for the 58th Avenue Resurfacing was held on February, 22nd 2018. Two (2) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follow: Mancil's Tractor Service, Inc. Palm City, Florida $2,681,591.87 Timothy Rose Contracting, Inc. Vero Beach, Florida $2,825,641.68 After the bids were opened, staff met to review the bids with respect to the Contractor's experience conforming with the bid document requirements. Following the review, the Indian River County Purchasing Department issued a request for clarification, on February 23rd, 2018, to the two bidders which asked for reference projects specific to their firm's history of using the Full Depth Reclamation process as defined in the bid Specification Section 283 (FDR) and accurately list references for their listed projects. Followingthis request, Mancil's Tractor Service, Inc. responded that their submittal iscompleteassubmittedandTimothy Rose Contracting, Inc. provided a listing of similar projects for consideration. The Indian River County Public Works Department reviewed the supplementary project references and made the following determinations: • Mancil's Tractor Service listed (8) reference projects. However, only (1) project was determined to meet the bid document requirements as being a'similar' project. The remaining (7) projects were determined to not meet the requirement to be considered full depth reclamation projects as outlined in the bid documents. (4) of Mancil's Tractor Services listed project references were from Martin County Board of County Commissioners -Engineering Department -Capital Projects. Martin County Senior Project Manager indicated both verbally and in writing that the listed projects d"riot Page 2 of 2 Award of Bid 2018005 BCC Agenda Item for April 3rd, 2018 use emulsified injection or any additives as part of the roadway reconstruction process. • Timothy Rose Contracting, Inc. listed (8) reference projects. (3) of the projects were noted as meeting the technical specifications/provision of similar project including size and scope. The .remaining (5) projects did meet the full depth reclamation projects as outlined in the technical specifications/provision. Following the information gathered and the reference review process, the Engineering Division released their findings to the Purchasing Division, which was subsequently provided to the bidders. In anticipation of the Engineering Division's recommendation of award, Ma ncil's Tractor Service issued a protest that they are fully -qualified to perform the work, that Timothy Rose Contracting is not qualified, and that their firm should be recommended for award. After review and consultation with Public Works and the County Attorney, the Purchasing Manager denied the protest. (A copy of Mancil's Tractor Service protest is provided as an attachment this memorandum for your use.) Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidderforthe project with a bid totaling $2,825,641.68. Timothy Rose Contracting, Inc. has completed various construction projects within the County, including several FDR -style projects, and has consistently performed this work in a satisfactory manner. FUNDING Per the SCOP grant agreement, the County must fund the project and then request the reimbursement of the grant share from FDOT to a maximum amount of $2,067,073.00 of the total cost for the project. Funding for the County's cost share in the amount of $758,568.68 of the total cost is budgeted in the Account No. 10921441-053360-16008 Gas Tax Roads Resurfacing (58th Avenue Resurfacing 26th Street to 49th Street). RECOMMENDATION Staff recommends the Board approve award to the lowest responsive and responsible bidder, Timothy Rose Contracting, Inc. for $2,825,641.68. Staff further recommends the Board authorize the Chairman to execute the attached agreement upon review and approval of both the agreement and required public construction bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Bid Comparison Sample Agreement Mancil's Tractor Services, Inc. Protest with IRC -Purchasing Response DISTRIBUTION Mancil's Tractor Service, Inc. Timothy Rose Contracting, Inc. FDOT APPROVED AGENDA ITEM FOR April 3rd . 2018 394 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BCODA3FB\@BCL@BCODA3FB.doc BID COMPARISONS FOR: SBth AVENUE RESURFACINGIRECLAMATION NORTH OF 26TH STREET TO SOUTH OF 49TH STREET Bid Opening Date: February 22, 2018 ENGINEER'S ESTIMATE Pay Item Number Pay Item Description unit Quumfitv Unit Cost Amount 101-1 MOBILIZATION LS 1 275000.00 S 275000.00 102-1 MAINTENANCE OF TRAFFIC LS 1 125 000.00 S 125,000.00 104-1 EROSION AND WATER POLLUTION CONTROL LS 1 30.000.00 $ 30 000.00 110-1A CLEARING AND GRUBBING LS 1 20,000.06 S 20.000.00 110-7-1 IMAILBOX RELOCATION FA 45 110.00 1 $ 4,950.00 120-1 EXCAVATION d EMBANKMENT BY 2.000 8.00 S 16000.00 120 -IA EXCAVATION OF EXISTING ASPHALT S BASE BY 784 25.00 S 19600.00 120 2 _2A BORROW EXCAVATION (MILLINGS) (RECLAIMED ASPHALT PAVEMENT BASE RAP MIXED IN CY 6,000 15.00 S 90000.00 121-70 NON-EXCAVATA13LE FLOWABLE FILL CY- 80 175.00 $ id 000.00 160.4 TYPE B STABIUTATION 12' SHOULDER BR -40 BY 4.045 7.00 $ 28 15.00 283-70 FULL DEPTH RECLAMATION BITUMINOUS ASPHALT BASE COURSE SHOULDER WIDENING BY 6,480 6.50 $ 42120.00 283.71 FULL DEPTH RECLAMATION BITUMINOUS ASPHALT BASE COURSE OADWAY SY 41,473 6.50 S 269 574.50 285-709 OPTIONAL BASE GROUP9 10' LNAEROC LBRIOO BY 2,200 10.OD $ 22,000.00 300-1 ASPHALT EMULSION TYPE CSS-th -QUANTITY BASED ON 2.75 GAUSY-PAYMENT WILL BE BASED GAL 131,671r7h LF $ 39516t3.00 327-70-1 MILL EXISTING ASPHALT I -AVG DEP BY 4.781 437.80 $ 23806.00 3341-13 TYPE S.P-125 ASPHALTIC CONCRETE 2'THI BY 47.953 CY $ 363624.00 337-7-82 TYPE F.C.-Q.S ASPHALTIC CONCRETE FRICTION COURSE TRAFFIC C G 76-22 1' THIC BY 47,953S 4.00 335671.00 LF TYPE F.CA2SASPHALTICCONCRETE FRICTION337-7-83 COURSE TRAFFIC C G 76-22 2'THTC SY 4.761S LF 95.220.00 TYPE J STRUCTURE WI TYPE E INLET GRATE (11-20 425-1-553 RATED <10' EA 2 3000.00 S 8000.00 4255 MANHOLE ADJUSTMENT EA 4 2,000.00 S 8000.00 428.6[VALVE BOX ADJUSTMENT EA 66 400.00 $ 26400.00 430-175-124 PIPE CULVERT OPT MATERIAL,ROUND 24 -CD LF 56 65.00 S. 3640.00 430.175.148 PIPE CULVERT. OPT MATERIAL ROUND, 48' CD LF 136 350.00 S 47600.00 5261-2 ARCHITECTURAL PAVERS BY 150 50.00 $ 7500.00 530.1 RIPRAP SAND -CEMENT CY 45 S50.OD 4 22,500.00 570.1-2- PERFORMANCE TURF SOD BAHIA BY 18.196 250 S 45490.00 630-2-11 UNDERGROUND CONDUIT Y LF 20 5.o0 S 100.00 6362-14 ABOVE GROUND CONDUIT 2' LF 30 14.00 $ 420.00 880411 VEHICLE DETECTION SYSTEM -VIDEO IF * 0 CABINET EOUIPM EA 1 35000.00 $ 35000.00 660412 VEHICLE DETECTION SYSTEM -VIDEO IF * 0 (ABOVE GROUND EQUIPMENT) EA 4 tnd 700-15 ISINGLE SIGN POST(RELOCATE) AS 39 140.00 S 5,460.00 706-3 R.P.M. BI-DIRECTIONAL AMBERIAMBER EA 874 425 $ 3714.50 711-11-121 SOLID TRAFFIC STRIPE (6- FTE) THERMOPLASTIC LF 21,143 125 $ 26428.75 711-11-123 SOLID TRAFFIC STRIPE (12' WHITE) THERMOPLASTIC LF 194 2.00 S 388.00 711-11-125 SOLID TRAFFIC STRIPE (24' WHITE) THERMOPLASTIC - LF 277 4.00 S 1108.00 SKIP. TRAFFIC STRIPE (6' WHITE 2'-4) 711-11-141 THERMOPLASTIC LF 772 125 S 96540 SKIP TRAFFIC STRIPE (6' WHITE 6' -101 711-11-151 THERMOPLASTIC LF 1,629 125 $ 203625 711-11-170 TURN ARROWS. THERMOPLASTIC FA 12 75.00 $ 900.00 711.4 BICYCLE LANE MARKING THERMOPLASTIC FA 25 175.00 S 4,375.00 SOLID TRAFFIC STRIPE (DOUBLE V YELLOW) 711-16201 THERMOPLASTIC LF 9907 1.76- $ 17.337.25. 711-16224 SOLID TRAFFIC STRIPE (IFVELLOW) THERMOPLASTIC LF 299 2.50 $ 747.50 SKIP TRAFFIC STRIPE (6' YELLOW f0'-307 711-16231 THERMOPLASTIC LF 4,190 1.25 5237.50 9991 RECORD DRAWINGSIASBUILT LS 1 500 ' '6 5000.00 1644500 HYDRANT RELOCATE EA 1 2400.00 S 2400.00 Subtotal $ 2.469,24025 Conlin n /Farce Account $ 300000.00 $ 2,7'69.240.25 Total I.R.C. PROJECT #1324, FM No. 434840-1 BID NO. 2018005 MANCIL'S TRACTOR SERVICE INC. Unit Quantity Unit Cost Amount LS 1 125000.00 S 125,000.00 LS 1 75,000.00 $ 75000,00 LS 1 51605.00 S 51605.00 LS 1 25,000.00 $ 25000.00 EA 45 150.00 8,750.00 SY 2,000 10.00 $ 20,000.00 SY 784 12.00 $ 9,408.00 CY _ 6,000 28.00 S 188 000.00 CY 80 198.00 S 16 840.00 SY 4,045 6.50 S 34 382.50 BY 6,480 2.95 $' 19116.00 SY 41,473 2.42 $ 100.364.88 BY 2.2D0 11.24 $ 24 728.00 GAL 131,871 2.37 $ 312,634.27 SY 41781 4.00 $ 18044.00 SY 47,963 10.98 526,S23.94 SY 47,953 9.15 $ 438 769.95 SY 4 781 15.96 $ 75 985.58 EA 2 8.360.00 S 18 720.00 EA 4 1,430.00 S 5,720.00 EA e6 002.80 $ 39,784.80 LF 56 77.00 $ 4,312.00 LF 136 437.80 S %540.80 SY 150 24.00 S 3,600.00 CY 45 548.90 $ 24 700.50 BY 18,198 4.00 S 72,784.00 LF 20 22.02 S 440.40 LF 30 2528 S 758.40 EA 1 7,M.48 S 7,S35.48 EA 4 5,802.52 S 23210.08 AS 39 137.50 S 5,362.50 EA 874 4.24 S 3,705.76 LF 21,143 0.S4 $ 19,874.42 LF 194 1.87 $ 362.78 LF 277 4.68 $ 1 A6,36 LF 772 0.36 S 277.92 LF 1.629 0.36 S 586.44 EA 12 71.50 $ 858.00 EA 25 275.00 $ 6875.00 LF 9,907 1.72 $ 17,040.04 LF 299 2.59 $ 774.41 LF 4,180 0.36 $ 1508.40 LS 1 12 081.50 S 12,061.50 EA 1 3,850.00 S 3.850.00 $ 2,381,591.87 $ 300,000.00 TIMOTHY ROSE CONTRACTING, INC. Unit Quantity UMd Cost Amount LS 1 187400.00 $ 167,000.00 LS 1 118,905.00 $ 118,905.00 LS 1 18:000.00 $ 16,000.00 LS 1 1Ta55.00 S 17,055.00 EA 45 10040 S 4,500.00 ,SY 2,000 22.00 S 44000.00 BY 764 8.50 S 5,098.00' CY 6,000 17.00 S 102 000.00 CY 80 /75:90 S 14000.00 .SY 4,045 4.50 $ 16,202.50 BY 6,480 7.30 S 47,304,00 SY 41,473 7.30 S 362.752.90 SY 2.200 15.65 $ 38,630.00 GAL 131,871 t.99 $ 282,423.29 SY 4,781 276 $ 13,140.36 SY 47,953 12.50 S 599.412.50 SY 47,953 8.40 $ 402.805.20 SY 4,761 18.00 $ 85,88840 EA 2 8.080.00 S 16.160.00 EA 4 550.00 $ 2,200.00 EA 68 375.00 S 24,750.00 LF 56 78.00 $ 4,388.00 LF 136 218.00 $ 29.648.00 BY 150 76.00 $ 11,400.00 CY 45 495.00 $ 22,275.00 BY 18,196 2.43 S 44,216.28 LF 20 33.00 $ 660.00 LF 30 27.00 $ 810.00 EA 1 7,475.00 $ 7,475.00 FA 4 6,380.00 1 S 25,520.00 AS 39 145.00 S 5,855.00 EA 874 5.00 $ 4,370.00 LF 21,143 0.90 $ 19,028.70 LF 194 1.85 S 358.90 LF 277 4.15 S 1,315.75. LF 772 0140 S 368.80 LF 1,629 040 S 651.80 EA 12 75.00 S 900.00. EA 25 280.00 $ 7,000.00 LF 9,907 1.80 S 17,832.60 LF 299 2:70 S 807.30 LF 4,190 0.40 $ 1,876.00 LS 114 S 14,130.00 EA 1 3,200.00 $ 3;200.00 $ 2,525,641.68 S 300,000.00 S 2,681 591.67 S 2,825,641.66 Biddor#1 Total Bidder 62 Total 395 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Pacie ARTICLE1- WORK.................................................................................................................................2 ARTICLE 2 - THE PROJECT............................................................... �....1.......................................... 2 ARTICLE 3 -ENGINEER...............................................................<�x .................................................2 ARTICLE 4 - CONTRACT TIMES .................................. ..................... .............................�..............2 ARTICLE 5 - CONTRACT PRICE.....................-............................................................... 3 ARTICLE 6 - PAYMENT PROCEDURES / ............... 3 y\ \ ARTICLE 7 - INDEMNIFICAT.ION...........,............................................................................................ 5 ARTICLE 8 - CONTRACTOR ;�.................................................................. 5 ARTICLE 9 - CONTRACT pOCUMENTS:........................................................................................... 6 f ARTICLE 10 - �...�............................................................................................. 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] @BCL@OCOE6CO3.% 00520-1 C:\UsersUegistar\AppData\Local\Temp\BCL Techno1ogies\easyPDF'8\@BCL@OCOE6COB\@BCL@OCOE6COB.doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ,/ ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as, Documents. The Work is generally described as The proposed improvements to 58" Avenue from Street consist of reconstructing the roadlway utiliiil resurfacing, widening the existing shouldbrs to asphalt, minor drainage improvements, utilit�y,,ai markings. This project is an F.D.O.T\Small Count project, FM No. 434840-1-54-01. \ \\\ \"�11 2.01 The Project for which the part is generally described ecified or indicat,ed in the Contract \ to )rth.of.26t'' Street to south of 491 ktull depthreclamation, milling and i -feet, structural asphalt, surface �stments, signing, and pavement Outreach Program (SCOP) funded Documents may be the whole or only a Project,,Name'581"AVENUE RESURFACING/RECLAMATION NORTH OF 2 ''STREET TO. SOUTH OF 49TH STREET County ProlecteNumberARC=1324 Bid Number:'2018005 ' Project Address: 58t; Avenue (North of 26t'' Street to South of 49"' Street) \` Vero Beach, Florida 32967 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER ,and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. @BCL@0C0E6CO3gb7 00520-2 C:\UsersUegislar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@OCOE6COB\@BCL@OCOE6COB.doc 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 270' calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 300' calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work isnot completed within the times specified in paragraph 4.02 above, plus any extensions thereof4lowed� in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties,involved,in, proving in a legal proceeding the actual loss suffered by OWNER if the Work is not"competed on time. Accordingly, instead of requiring any -such proof, OWNER an 14CONTRACTOR agree that as liquidated damages for -/delay (�buNot as a\penalty), CONTRACTOR shall pay OWNER $2,811.00 for each calendar day.that expires after the time specified in paragraph 4.02 for Substantial�Completion\until the Work issubstantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse,16r fail to complete the remaining Work within the Contract\Time�or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER 2 81.1.00 for each calendar day that expires after the time specified in paragraph .0, for completion and readiness for final payment until the Work is completed and readyfor final payment LE 5 - CONTRACT PRICE 5.01 OWNER shall�p'ay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount\n current funds equal to the sum of the amounts determined pursuantto par-agraph.5.01.A and summarized in paragraph 5.01.13, below: A. For a I Work, at the prices stat` ONTRACTOR's Bid, attached hereto as an exhibit. B.�THE-GONTRAG SCUM subject to additions and deductions provided in the Contract:: Numerical Amount:$ 1 Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. @BCL@OCOE6CO3.98 00520-3 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@OCOE6COB\@BCL@OCOE6COB.doc A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes -section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together\�tith all costs associated with existing change orders and other additions or modifications,to the construction services work provided under the Contract Documents; 6.03 Pay Requests. A. Each request for a progress payment -shall beNsubmitted on theApplication for payment form supplied by OWNER and`the�application fobpayment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work%ased onn\4e number of units completed. After fifty percent (50%) completion, and 'pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR.�may �submit a pay request to the County as OWNER four up tone half�(1i/2) of the retainage held by the County as OWNER, and the County`\as OWNER`sl�aIl promptly make payment to the CONTRACTOR unless such amountstare.the\subject`of�a good faith dispute; the subject of a claim pursuant to\Florida`Statutes�section 255..05(2005); or otherwise the subject of','a c aim or demand`by the -County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor services,, or materials supplied by one or more subcontractors or suppliers, the Contractor shallmely remit payment of such retainage to those subcontractors /and --,suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR�further acknowledges and agrees that: 1) �the--County\as\OWNER shall receive immediate written notice of all decisions —made -by CONTRACTOR to withhold retainage on any subcontractor at greater than five \percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld` retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR @BCL@OCOE6COR99 00520-4 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@OCOE6COB\@BCL@OCOE6COB.doc other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, paragraph 6.20 (Indemnification) of the General Conditiot ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this following representations: A. CONTRACTOR has examined and other related data identified in the Bic B. CONTRACTOR has visited general, local, and Site corn Work. C. CONTRACTOR is familiar with a Regulations that may affect cost, ment CO iers in accordance with Construction Contract. makes the he Contract "Doc6ments and the i\ ith a,d,is satisfied as to the progress„and performance of the federal, state, and local Laws and ance of the Work. D. CONTRACTOR has `carefully`studied gall: '(4 )) reports of explorations and tests of subsurface -conditions at of contigu uo s�to�the Site and all drawings of physical conditions in or relatingo�exi ting surface or subsurface structures at or contiguous to the Site (except Underground�Facilities)which have been identified in the Supplementary Conditions as�pr�ovided`n-paragraph�4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been (identified in the SupplementaryConditions as provided in paragraph 4.06 of the General Conditions. � l E. CONTRACTOR and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and dataiconcerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate -to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. @BCL@OCOE6CO400 00520-5 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@OCOE6COB\@BCL@OCOE6COB.doc H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate all terms and conditions for performance and furnishing of th ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 2. Notice to Proceed (page 00550-1); I convey understanding of ork. 3. Public Construction Bond (0ages,00610'1`to 0610-3, inclusive); 4. Sample Certificate of Liability In9urance,,(page,00620-1 5. Contractor's Application for�Payment (pages\00622-1 to 00622-6 inclusive); 6. General -Conditions (pages 00700`1!to\700-45, inclusive); 7. Supplementary Conditions`(p6gps 00800-i to 00800-11, inclusive); n'Division-1 (General Requirements) and Division 2 (Technical Provisions); rings -consisting of a cover sheet and sheets numbered 1 through 62, and sheets -throng\SW7`inclusive, with each sheet bearing the following general title: 5811 i 10. Addenda-(Numb)er 1); 11. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Division Special Conditions for Right-of-way Construction 12. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 13. Bid Bond (page 00430-1); 14. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive); @BCL@OCOE6CO4ft 00520-6 C:\UsersVegistarWAppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@OCOE6COB\@BCL@OCOE6COB.doc ARTH 10.01 A. 10.02 A. 10.03 A. 15. List of Subcontractors (page 00458-1); 16. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 17. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 18. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 10.04 Severability of the editions. .t will be ht to be moneys that the J to the scharge ins, and nd legal :d in the A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue @BCL@0C0E6C01t02 00520-7 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@OCOE6COB\@BCL@a OCOE6COB.doc A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the the service. (2) Upon request from the County's Custodian of Public`Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. X (3) Ensure that public records that are exe'�ir pt or confidential and exem�Ilrom" public records disclosure requirements are not disclose�d\except\as authorized. -by law for the duration of the contract term and followmg�,completion\of the cont,,if the contractor does not transfer the records to the County.)CCst, 4 U on m l i n f h n� �� () p co p et o o t e co tract transfer, at no to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. IftheContractor transfers all public records to the County upon completion of the contracftt, the Contractor shall destroy -any duplicate public records that are exempt or confidential�nd,exempt from public records disclosure requirements. If the contractor keeps and maintains.`publ`\records-upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronica`ly, `st be provided to.the County, upon request from the Custodian of Public Records, irn 'a format that is compatible with the information technology systems of the County. , \ B.(IF THE CO.NTRACTO'R_) HAS QUESTIONS REGARDING THE APPLICATION�OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTO0R'S\ DUTY TO PROVIDE PUBLIC RECORDS RELATING TSO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 22671424 publicrecords(ab-ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. @BCL@000E6C0405 00520-8 C:\UsersVegislar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@OCOE6COB\@BCL@OCOE6COB.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: ♦ . Peter D. O'Bryan, Chairman' (ontractor) By: \(CCRPORATE Jason E. Brown, County Administrator Attest\ APPROVED AS TO FORM AND ;EGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Attest: (SEAL Name: James W- E Title: County -Engine 1801 27th Street Vero Beach, Florida (772) 226-1221 r Facsimile: (772) 77E License No. (Where applicable) Agent for service of process: ve: P.E. PMP Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * @BCL@OCOE6CO404 00520-9 C:\UsersUegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@OCOE6COB\@BCL@OCOE6COB.doc I BOARD OF COUNTY COMMISSIONERS March 23, 2018 Ms. Myra Smith, Vice President Mancil's Tractor Service, Inc. 8530 SW Jayme Way Palm City, FL 34990 myra@mancils.com Reference: Decision Regarding Protest of Indian River County Bid 2018005 (58th Avenue Resurfacing/Reclamation from North of 26th Street to South of 49th Street) Dear Ms. Smith: We are in receipt of your letters of March 12, 2018 and March 15, 2018 protesting the Engineering Division's intent to recommend award of the subject bid to Timothy Rose Contracting, Inc. ("TRC"). After review, the protest made by Mancil's Tractor Service, Inc. ("Mancil's") is denied. Background Your protest asserts your firm provided the required project experience, is fully -qualified to perform the work required under the bid, and as low bidder should be recommended for award.. Your protest also states TRC should have been disqualified because their originally submitted bid did not list five successfully -completed FDR projects, and that TRC has not provided the required qualifications. Evaluation Section 283 of the Technical Specifications describes the work and under "Contractor Qualifications" stated "Bidders shall provide a list of five successfully completed full depth reclamation projects within the State of Florida." Section 283 item 1 defines the work to be completed under the reclaiming process for this project as "injecting the specified stabilizing agent," which is further described in item 2 as "emulsified asphalt". Paragraph 3.01.13 in the Instructions to Bidders (Section 00200) states "Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project." During initial review of the qualifications of both bidders, the Engineering Division contacted references provided by each firm and was informed by the provided references that only one of Mancil's eight listed projects were similar in scope to the project bid (with the use of injected emulsified asphalt as stabilizing agent). Additionally, the Division noted only four projects were listed on item 19 of TRC's form, which were all confirmed by the listed references as similar FDR projects. A fifth project (CR512) was listed on item 5 of the same form (as "the last project OF THIS NATURE that the firm has completed"), and also was similar in scope to the project bid. As determined by the Engineering Division, neither bidder listed five FDR projects on item 19 that were similar Office of Management and Budget • Purchasing Division 180027 th Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770-5140 E-mail: vurchasineOircgov.com 405 Purchasing Response to Mancil's Protest Final in scope; and, therefore, both were requested to provide clarification in the form of additional FDR project experience. In response to this request, Mancil's noted that its project experience was accurately reflected in its originally submitted bid, and TRC provided an additional list of projects, including the specific information regarding the CR512 project and three additional projects, which were determined to be similar by Engineering after contacting the listed references. Based on Mancil's response to the request for clarification regarding FDR project experience, the Engineering Division completed their review. of the eight projects originally submitted by Mancil's utilizing the listed references. Based upon responses from listed references, only SW Rosser Blvd. is considered to be similar in scope (including utilizing emulsion) to the project bid. Your listed Martin County reference, Mr. Huber, has not returned my calls regarding the Farm Road Reclamation project and whether emulsion was used; therefore, I am unable to independently verify whether emulsion was or was not used. In the original bid submittal, TRC listed four reclamation projects on item 19 of the Qualifications Questionnaire and one on item 5 (CR512). Four of those five projects (CR512, Old Dixie Highway Phase 1, Old Dixie Highway Phase 2 and Fleming Street) listed emulsion as a separate line item on each bid form, and the Barber Street Bridge project was indicated as having involved asphalt emulsion by the listed reference. This exceeds the required three projects similar in scope. Basis for Denial of Protest In regards to your assertion that your firm provided the required project experience, is fully -qualified to perform the work required under the bid, and as low bidder should be recommended for award; your firm did not meet the Section 00200 requirement to have completed three similar projects. Additionally, the Engineering Division found only one of your eight listed projects requested to meet the requirements in Section 283. Therefore, Mancil's is not responsible, as defined in the Purchasing Manual ("responsible bidder is one "who has the capability in all respects to fully perform the contract requirements... as determined by -the County.") In regards to your assertion that TRC should have been disqualified because their originally submitted bid did not list five successfully -completed FDR projects, and has not provided the requisite number of similar projects, TRC did name five similar FDR projects, as requested in Section 283 and all five of those, as well as the additional three were found to qualify as similar projects required in Section 00200. Therefore, TRC was responsive and responsible. Conclusion Should Mancil's disagree with the denial of the protest and the bases described in this response, you may appeal this decision to the Board of County Commissioners at its April 3, 2018 meeting, when the Board will be asked to consider a recommendation of award of the bid under Public Works Departmental Items. An agenda item should be available at www.irceov.com on Thursday, March 29, 2018. If you do intend to appeal, please notify me in writing, as required by the Protest Procedure set forth in the Purchasing Manual. As a reminder, the cone of silence remains in effect, and will remain in effect until the item is called at the April 3, 2018 commission meeting. Per the cone of silence policy, you and your agents shall not communicate in any way with the Board of County Commissioners, County Administrator or any County staff other than Purchasing personnel until the Board meets to authorize award. Such communication may result in disqualification. 406 Purchasing Response to Mancil's Protest Final Please feel free to contact me at 226-1575.or by email at jhyde@ircgov.com if you have any questions regarding the protest procedure. Sincerely, Jennd` Y Purchasing M anager cc: Mr. Timothy Rose; Timothy Rose Contracting, Inca Attachments: Mancil's Protest Letter, dated March 12, 2018 Mancil's Protest Letter, dated March 15, 2018 407 "Mancil` s Tractor Service Inc. Earthwork, Roadways, Storm Drain & Underground Utilities 8530 SWTayme Way, Palm My, FL 34990 Phone (772) 288.0951 Fax (772) 288-0983 March 12, 2018 Jennifer Hyde Purchasing Manager Indian River County 1800270' St Vero Beach FL 32960 Ref: Project IRC-1324/Bid Number 2018005 Dear Ms. Hyde: Thank you for your notification on March 8, 2018 that our low bid was found by the County's Engineering Division to be non-responsive. After reviewing the Memorandum from William Johnson, PE dated March 08, 2018 and the Engineer's Justification Table we received late Friday, we strongly dispute the department's finding and are filing this protest in accordance with the Protest Procedure outlined in your Purchasing Manual. Mr. Johnson referred to the contractor qualification statement that reads: "Bidders shall have a minimum of three years of experience in the construction of reclaimed asphalt base course. Bidders shall provide a list of fire successfully completed full depth reclamation projects within the State of Florida, along with contact information for the Owners of those projects, and the completion date for each project." Our bid response included a table of eight projects that we have successfully completed. The first five projects listed on Table 19 — four for Martin County and one for the City of Port St. Lucie — are full depth reclamation projects for Florida municipalities and meet the contractor qualification statement in every respect. In reviewing the Engineering Department's comments, we found several errors, omissions and/or comments that are not responsive to the contractor qualifications as written. 1. Farm Road Reconstruction: The reference listed for this job was Logan Huber, not Ken Vreeland. Perhaps the person speaking with Mr. Vreeland misunderstood. This was not only a full depth reclamation project, it was a full depth reclamation project with emulsion and cement. We are sure that Mr. Huber will be able to confirm this fact if he is contacted. 2. SW Rosser Blvd: We are in agreement that this is a full depth reclamation job with emulsion. 408 Mancirs Tractor Service Page Two of Three 3. 2017 Roadway Resurfacing — Savage & Moore: This was a full depth reclamation job as confirmed by Ken Vreeland. 4. 2017 Roadway Resurfacing — Cherokee Street: This was a full depth reclamation job as confirmed by Ken Vreeland S. Our S11' listed project was 2017 Roadway Resurfacing -42nd & Quite (Quiet) Place: The Engineering Department appears to have left this one off their tally. This was another full depth reclamation job which can be confirmed by Ken Vreeland if it has not been already. 6. AlA Jupiter Beach Road to US Hwy 1: We note that Engineering is listing this as no response from reference. However, this was an additional reference to demonstrate another aspect of our full scope of services and was not intended to be one of the five required full depth reclamation jobs. 7. West Wabasso Sewer & Drainage: We listed this project to show.that we have successfully completed work for Indian River County in the past rather than as an example of a reclamation project since we had already provided the five required full depth reclamation. projects. 8. Seabranch Residential: Again, we listed this as to demonstrate more of the range of our experience and services, not as a full depth reclamation job. According to the American Association of State Highway and Transportation Officials (AASHTO), the definition of full depth reclamation is "a rehabilitation technique in which the full thickness of the asphalt pavement and a predetermined portion of the underlying materials (the base, subbase, and/or subgrade) is uniformly pulverized and blended to provide an upgraded, homogenous material." (See attachment) The Engineering comments also refer to contract plans. Different municipalities handle their projects in different ways. Mancil's works from engineering contract plans regularly, on both public and private sector projects. Martin County uses engineering drawings rather than contract plans, a process which actually requires a higher level of knowledge and experience on the part of the contractor. Neither contract plans nor the use of emulsion/additives were included as part of the contractor qualification statement. We have met the standard required as outlined in the third paragraph in the subject bid's Technical Specifications, Section 283. The Engineering Department seems to be trying to add after -the -fact additional qualification requirements. This is not appropriate. If there were additional requirements, i.e. contract plans and emulsion or additives that the bids would be judged against, the county is required to disclose these requirements as part of the bid package so that we could have either provided additional examples responsive to the requirements or chosen not to go to the considerable time and expense of preparing a bid. According to your bid tabulation, Mancil's quote was $144,049.81 lower than Timothy Rose Contracting's quote. We have outstanding references from the municipalities we work for (several attached). We received a recent rating from FDOT of 98 of 110 points. Mancil's is fully qualified to 409 Mancil's Tractor Service Page Three of Three perform the scope of work outlined in Bid Number 2018005. Invalidating Mancil's bid will unnecessarily cost the taxpayers of Indian River County a significant amount of money. If there is any additional information we can provide to you in your investigation, please call me at 772- 288-0951 or email me at myra@mancils.com. Sincerely, i My mit Vice resident 410 Note: Definition of Full Depth Reclamation from AASHTO, the nonprofit, nonpartisan association representing highway and transportation departments in the 50 state, District of Columbia and Puerto Rico. Please note the definition of Full Depth Reclamation httpsi/Amining.transportaticn.org/itemdetail,.aspx.ZI0=2593 E-mail addrew: Full OePch Redamatipn (MR) (4lSFOtls1 —�-"� This course offers orafessaaat-2't"�TooseC.tsom-;;2DFts}; Po.TAN sea the pOt�o-Yvo ,2bt1'se�ca'nR"e : �� zed, cy,. ;c ahasexesas>lxvmrs�tton of taw attendants pDK requkemMtslaerefoe*A. sictogou -•"oto dela/mrtierihethetofn.mthm amvlarcouneetvaliliestmderyaLwStda orboard requirements. ""` r Course overview: Full depth reclamation (FDR) is a rehaba3ation bctmique in which the full thicimess of file log its and o predetermined portion of the underlying materials (the base, subbase, and/orsubgiade) is .==ant uniformly Pulverised and Mended to provide M upgraded, homogeneous material. This course will start with the -Ratibler-Become a0 e -896 -aa bUmotFDR and then r m through preproduction and mclainning to post-oroduction activities. -GetPaesword"'"�. ® 1. Introduction -This module in roducessthe topic of�FUR efyavemarxs. + Branse nairecry 2. Pre -production activities- Thus module dkasses preproduction activities associated with FOR, indudirg the pre -production meeting, roadway preparation, and FDR equipment needs. • AASHM Publications 3. Redoiming the pavement - Tins module covers e5tab5shmrent of a control strip, ptAvarirdtion of material to be . @den History reclaimed, and the various methods and agents used to stabilize reclaimed materials. + Advanced Search 4. post production - This module covers the stepsthat need to be tabes 110110iving reclamation. Tialding levels This training is recommended forthe Transportataft Curriculum Coordination Council Inlets r. O, III, and N.'. Are yoo efgittefcr Ree TCT tracing, Target audience- Thr& course is intended for tical. county, and State otmer agency technicians and irspecters.it Daespdnratate DOT tadfbute .a.... is also useful for individuals oho need auc awareness or basic understardng of FOR of hot nasphalt. VMr,ai Logio Oldn G3fet Prftghrical service plaQanf! Login abdre ttla'�Sflf as teaming CU11001mea. Upon completion of the [oust Participants tail be able to: aaabfliste to fo0 out Aaetrgtlla empttrees rdlsae a5Dooatrar • Identify the various types of FDR tousesudrectoat • Describe the dabifaing agents used for ehe different types of FOR � I • list advantages of using FDR as a rehab ifitacion technique . Row to ttaglatar • Describe why a preproduction meeting is important • Describe what preparatlen is needed for a FOR project • list the equipment needed for a FDR project • Identify the purposes of'e comral strip • Describe the process used to Pulverize existing Pavement material for FDR • list methods used to stabilize reclaimed materials • Describe the stabilizing agents and additives used for stabilization of reclaimed materials • Descnbe the finishing steps involved in FOR • Identify factors and actions that can affect yield and gradation results • Describe the different methods of measuring compaction and the effect stabilizing agents may have on the results • List factors affecting hw.v various FOR mixtures should be cured • Describe the steps involved in plating the final surface on a pavement • Ust criteria for acceptarrce and Payment for FOR pavements TO vreo-bosed'tWwnls are FREE for employees of state 10TO that coltne ,te annuey to the TC3 tee micas serve prO"rn. All sales are final. There are ro refunds for ne"ased trairvnes. 411 Florida Department of Transportation. RICKSCO'[T 605 Suwannee Street MIKE DEW GOVERNOR Tallahassee, FL 32399-0450 SECRETARY February 23, 2018 Mancil's Tractor Service, Inc. 8530 SW Jayme Way Palm City, FL 34990 RE: Mancil's Tractor Service, Inc. Dear Sir/Madam, 0 =.1 This is in reference to the recent work performed by Mancil's Tractor Service, Inc._ C Mancil"). Mancil has been prequalifying with the Florida Department of Transportation ("Department") for several years.. During the past five years, Mancil has completed work on 1 construction contract „ $ that has been let by the Department, with a total dollar amount of $370,616.20. i Mancil has a current ability score of 98, on a rating system of 1-110. This score was generated by averaging their performance on the contract that has been completed within the last five (5) years. The classes of work that this contractor can bid on with the Department can be found on the Department Internet Website at: https://fdotwpl dot state fl.us/contractorpreoualification/public/PregtWifiedVendorSearchaspx i Please let me know if I may be of further assistance in this matter. My direct phone number is (850) 414-4186. Sincerely, Digi* etpnee try: Zaehery V ftW- Zachary =-„zA-CEz8°muso= RepresentmM OU- FLORIDA Wiginton Joh o, 4°a8"�I Prequalification Specialist State Construction Office cc: File 412 Aiddy ION oca TOM =oQ (I) (1) FAoid ,AO0a (t) (Z) ,,*SIUaA`i' fi�t]iAv tAgaff MGM a�awy (b) aBeaaAy (b) 7AOQy a ll*Ay W iAOQy vvx x (s)xx x X.Xxlxi �� �o G �'� rr F b � • ease t: V ciddv TOM =oQ (1) ,AO0a (Z) fi�t]iAv MGM DMUSAV (b) a ll*Ay iAOQy (s)xx x X.Xxlxi 413 We 14.22A08(2)( Ux. F.A.O. STATE OF FLORIDA OEPARTPMNTOF TRANSPORTATION 70moo CONTRACTOR'S PAST CON " w PERFORMANCE REPORT Manciis Tractor Service Inc. FPID#433061-1-58-01 (Contractor Name) (FIN Project No.) 8530 SW Jayme Way: Palm City. Florida 34990 (Address) $790 557.40 (Final Contract Amount) Frazier Engineering Inc. (Proj. Administrator/Firm or Residency) Brevard County AR -714 (County) (Contract No.) Minor Highway.Pavement Markings & ftnalization (Type of Work) 8/6/2015 (Date Final Accepted) ANSWER ALL GINOONS Maximum Rated Performance Value Value 1. Pursuit of the Work. 12 12 2. Proper MOT and Minimize Impacts to Traveling Public. 12 12 3. Timely and Complete Submittal of Documents. 8 8 4. Timely Completion of Project. 14/20 rrorer4 20 5. Coordination f Cooperation with CEI Personnel, Property Owners and Utilities Company. 10 10 6. Mitigate Cost and Time Overruns. 12 12 7. Environmental Compliance. 10/12 rdit#4 10 8. Conformance With Contract Documents. 20 20 9. DBE Utilization 0/4 note #4 4 Total Score 98/100 108 Prcgect Administrator (signature) Date Resident Engineer (signature) Date 414 Mancills Tractor Service Inc. + Earthwork, Roadways, Storm Drain & Underground Utilities 8530 SW.Fayme Way, Palm City, FL 34990 Phone (772) 288-0951 Fax (772) 288-0983 March 15, 2018 Jennifer Hyde Purchasing Manager Indian River County 1800 27"' St Vero Beach FL 32960 Ref: Project IRC-1324/Bid Number 2018005 Dear Ms. Hyde: Following up on our March 12 bid protest, we are providing additional information learned over the past two days. Our Marketing Director mentioned, when she dropped off the protest, that we wanted to provide you with documentation immediately on our own qualifications but that we might have additional comments once we received a copy of the other bid. We received a PDF of Timothy Rose Contracting's bid package from your office at 1:39 p.m. Tuesday and have reviewed their list of similar projects from Table 19. What we found is unsettling to say the least. First, the bid instructions clearly require the bidder to provide a minimum of five full depth reclamation projects. Mr. Rose's Table 19 only listed four, of which at least one is not full depth reclamation. After the bid deadline, your office contacted our office with a clarification request regarding our Table 19 projects. Sue Smart replied that the first five of the eight projects we listed on Table 19 were all full . depth reclamation projects and, therefore, we did not have any need to provide additional project information. What we didn't realize at the time was that Timothy Rose Contracting had only provided four projects and apparently was then allowed to append'a list after bid closing that contained eight projects. On that basis alone, we think that the Rose bid should be disqualified, but, as we reviewed the list in detail, a more disconcerting situation seems to have presented itself. As we have been told, our low bid was rejected as nonresponsive by the Engineering Department, because we did not list five full depth reclamation projects including emulsification injection. Our letter of March 12 outlines our objection to this decision and to the comments on our projects from the Engineer's Justification Table. 416 Mancil's Tractor Service Page Two of Two Now, with access to additional information about the projects listed as "Yes Confirmed" by Engineering on each and every one of our competitor's eight projects, we have grave concerns about how this review was handled by Engineering. Using the initial Table 19 submitted with the bid, the very first Rose project shown is Barber Street Bridge. This project showed a completion date of March 2015 and an original contract amount of $52,109.10. We have located the public record of the original bid proposal price form for this project. (See attached.) This project called for no full depth reclamation (with or without emulsion). Therefore, if Timothy Rose Contracting's bid was reviewed under the same standard as our bid, Engineering should have marked this project as "Non For comparison's sake, our review of the third project on the Rose list "Fleming St" does show emulsion as a completely separate line item (as would be appropriate). Not only that, but you'll note that this price form lists "Reconstruction (Full Depth)" whereas the Barber Street Bridge project only lists "Reconstruction." Moving to the list submitted after bid closing, the first project listed on this is "Englar Drive" with a completion date of February 2015 and an original contract amount of $103,888.00. The price form for this project (see attached) lists pothole repair, pavement grinding and asphalt overlay/leveling. This project is not full depth reclamation at all, much less full depth reclamation with emulsion. The post -bid list of eight projects includes the Barber Street Bridge project discussed above and another Barber Street Reconstruction project with a completion date of 12/2016 and an original contract amount of $478,118.50. The bid form for this project (see attached) also shows no full depth reclamation. The list of eight also includes a Hammock Lakes project. We don't have documentation on this project as it is not public but I'd like to take this opportunity to call your attention to Engineering's comments on our private sector project for Seabranch Residential: "N. Project was a newly built subdivision for private client." Yet, on Hammock lakes for Rose, Engineering lists "Y." I have also included a copy of the pertinent page of the Itemized bid schedule for the CR512 project listed. Again, this schedule shows emulsion as a completely separate line item which, if required, should have been clearly and unambiguously stated in the contractor qualification statement. In sum, even using the post -bid project form, Timothy Rose Contracting does not have the required five similar full depth reclamation jobs, and certainly does not have five full depth reclamation jobs with emulsion. believe you can understand how concerned we are that Engineering would conduct their' justification" in this manner with the end result of disqualifying our legitimate bid in favor of a bid that did not meet the basic requirement and was significantly more expensive. Thank you for your assistance in this matter. Sincerely, 417 i� I� i' JUSTIFICATION LIST WITH REMARKS BY MANCIVS TRACTOR SERVICE SIMILAR FULL DEPTH RECLAMATION PROJECTS my -anch 418 "BARBER STREET BRIDGE DECK OVERLAY AND PAVEMENT RECONSTRUICTION" Bid One; No Later Than 2:00 P.M. on October 23, Z014 Bid Onenine: Beginning at 2:00 P.M. on October 23.2014 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, hereby proposes to perform everything required to be performed in strict conformity with fire requirements of these documents. meeting or exceeding the specifications asset forth herein for the price(s) guomed below. The price(s) quoted is (are) inclusive of arty Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, orfum submitting bid for the same purpose and thet the bid is in all respects fair and without collusion or fraud If awarded any work under this bid proposal, the vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for surly (60) days following bid opening date. The City shall be entitled to UquIdated damages in the amount ofone hundred Do&=(5100.00) per day for everyday that the Contractor k late in completing the work as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. The contract time is 90 consecutive adendar days from start of work date. The Bid Items on the Project will be authorized for construction at the discretion of the City of Sebastian. 1. Remove grass Pavement Edge "t 7O7 LF ?=/LF ygU.U0 2. Chemical treatmentweeds/grass r LS �pQ/Ls ;a(30 3. Reconstnrction nS' TON 13TUD MON 'ala• Z7S 00 4. Mill Pavement i O2 LF LDO /LF �O 5. Asphalt 4vertay/Leveling /[^ —TON 4s: jn frON — C 6. MOT/Striping ! LS i/LS S—Gl 00 Total Bid5L•/�9. to aa'Vit Ch (If YAC 4f Ne dFfmt om (Flwe Type pd 777-20,12(113 a�� may.-n$$-Fivueng`ittWf, aef Teteph—X=baW Fuc Nu nuft EmaAddm (eo)t NameandTiQ m ttve(Ptesse'lypsori�dnt) iC=MWe A•9 419 "FLEKENG STREET RECONSTRUCTION AND PAVING" Did Dae: No Later Than 2.00 P.M. an March 5 ZOlg Bid Ones Beginning at 2:00 P.NL on March 5.2015 BID PROPOSAL PRICE FORNf The undersigned having became thoroughly familiar with all of the Bidding Dom=ts incorporated herein and Laving attended a PmBid Confrtence / Meeting, hereby proposes to pedorm everything required to be performed in stria confomnity with the requirements of these documents, meeting or exceeding the specifications as set fort* herein for the price(s) quoted below. The prices) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without my other understanding: agreemart. or connection with any person, ooMoration, or 5rm submitting a bid for ft same purpose and that die bid is in all re s fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar day notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain 8rm for sixty (60) days following bid opening date: The City shall be entitled to liquidated damages in the amount of one bnndred Dollars (310UQ) per day for every day that the Contractor is late in completing the work as stipulated in the agreement, and lidding documents. Said damages shall be deducted by the City fi= monies due Contractor. The connect time is"comeeative calendar days from start of work date. The Bid Items on die Project will be authorized for construction at the dLwedOn of the City of Sebastian. i� ID MMU – GENMAL OUA—?MnVUMT 1. Mobilization I LS CORE 2. Remove grass pavement edge 9,600 LF _—.=.. 2. Chemicalbeataimt _weedstmu 1 LS 3. natruetio (Fall Depth) 12,400 SY41SY'� t i v►e ► �v .. 12,400 SY 4. eam ./SY 5. JI!%t o�/oil 18,400 (W Z,_�ls /Cellons ,a 6. Aspldit SP 9.StPrime 1,380 TON oi.=/fON ►r+�• r" 7. MOT/Striping 1 LS1'—� 3LV 31 Total Total Bid t 11fYl�d'f'�•�x � r �G'rl �� -- iNameaftt[tm (PGase arldotk A6. Z, IrmesAddmx 0 1Z2.,5Zo`{.'1�8g �3 CAt111�CG.S}� � UrpLum Num6a(sx las N k Sema Ad&= (eek NsmeaudT&leof (preasaTjpeor9dtu) i A-9 420 0 "2014 SEBASTIAN ENGLAR DRIVE PAVEMENT OVERLAY" Bid Due: No Later Than 2,00 P.M. on July 22, 2014 Bid OneninE: Beginning at 2:00 P.M. on July 22.2014 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein and having attended a PreBid Conference / Meeting, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, orconnection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud -117 awarded any work under this bid proposal, the Vendor agr-ees to enter into said agreement within ten (l 0) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) -days following bid opening date. The City shall be entitled to liquidated damages in the amount of one hundred Dollars ($100.00) perday for every day that the Contractor is Into in completing the work as stipulated in the agreement, and bidding documents. Said damages shall be -deducted by the City from monies due Contractor. The contract time is 90 consecutive calendar days from start of work date. The Bid Items on the Project will be authorized for construction at the discretion of the City of Sebastian. BID ITEMS — GENERAL QUANTITY WUNIT COST 1. Remove grass Pavement Edge 4,100 LF V5 4=/LF *Sgo3 . 2. Chemical treatment weeds/grass 1 LS Z- 3. Pot hole repairs _140 TON 140.—ITON 140•— 4. Pavement Grinding 915 LF (o''' /LF S4gA,�- 5. Asphalt Overlay/Leveling 735 TON l 1. A .` /MN &A -I !�G '— 6. MOT/Striping _1 LS /LS :jin!Cl — Name Firm's Addmss i ,:1Z'S&L4 1 Ott 11 -2 -STA -1 UB T�dephonvWumber(s): FwcNumbet(s): 1 ti c� ��� Name and Title of thmizod Repres native (Pimse ypo arpdd) 31—p e ot AUMOMW K9PMWUMV* ate rgn A9 Total Bid $ IXX'Lo0 EmaB Address (esj 421 Did Form OMWISE 6=6-2016 B.,wber Street Reconstruction & Pnvine Street Name Quantity Units Unit Cost Amount Barber Street (3300 LF from CR 512 to Voccllc Avenue) 1. MOT _1 LS 4-4-*-Fjj 2. Mill/Remove_8,850_ 34,710, _S — Mill/Remove � Sb 3. 8" Compacted Base Rock 8,850_ _SY 8" Compacted Base Rock 4. 2"Asphalt SP 12.5 TN 88 60 31,416,5. Striping (dash yellow) _990_ _LF C • Cf9 X17. - 6. Striping (P stop bar) _3300_ 12 GA -7Z.- 81a'4F. - 7. Sod I LS Z13001- Z$Ao,- Total Bid A 24Co t7'7 Barber Street (1,800 LF from Vocelle Avenue to Salem) f. MOT LS3±F t0 - 34,710, 2. Mill/Remove _I ;5.3S ?&IS3%.-- i 3. 8" Compacted Base Rock _4,960_ _SY iSY 3.- 4. 2"Asphalt SP 12.5 _4,960_ 560_ S. Striping (dash yellow) 1600 LF 6. Striping (double yellow) 200_ LF I.— 7. Striping (I' stop bar) 6 BA,_ 43z. - 8. Sod _I _LS Z%0O.- 2100_- Total Bid B (g 1 X38 Total Bid A+B c.E�lg► L 1 S,� ti 422 ITEMIZED BID SCHEDULE PROJECT NAME: CR512 WESTBOUND RESURFACING (ROSELAND ROAD TO USI) AND CR512 EASTBOUND RESURFACING (EASY STREET TO USI) FM No. 431160454-01 IRC PROJECT NO. 1139 BID NO. 2017034 Rtnn=04t uettet=- IWm No. Deacri ton QuanfltV Unit Unit Price Amount ROADWAY IMPROVEMENTS 101-1 MOBILIZATION (INCLUDES PUBLIC CONSTRUCTION BOND) 1 LS 102-1 MAINTENANCE OF TRAFFIC 1 LS 102-14 TRAFFIC CONTROL OFFICER 40 MH 102-61 BUSINESS SIGNS 30 EA 102-99 PORTABLE, CHANGEABLE MESSAGE SIGNS (TEMP) 28 ED 10410-3 SEDIMENT BARRIER 38,435 LF 10418 INLET PROTECTION SYSTEM 22 EA 110-1-1 CLEARING AND GRUBBING 1 LS 160.4 REFURBISHED STABILIZED SHOULDER, (LBR 40), (8" THICK) 18,625 SY 285-7 FULL DEPTH RECLAMATION BITUMINOUS ASPHALT BASE COURSE (WESTBOUND) 56,494 SY 285-7A FULL DEPTH RECLAMATION BITUMINOUS ASPHALT BASE COURSE (EASTBOUND) 19 526 SY 300-1 ASPHALT EMULSION TYPE CSS -1h (QTY BASED ON 2.75 GAL/SY - PAYMENT WILL BE BASED ON ACTUAL QTY) 220,735 GAL 327-70-6 MILLING EXISTING ASPHALT PAVEMENT (1-1127 AVG DEPTH) 265 SY 334-1-13 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC (1-3/47 THICK) 7,810 TN 337-7-42 ASPHALT CONCRETE FRICTION COURSE, TRAFFIC C. FC 9.5 (1 1/4" THICK) PG 76.22, PMA 5,580 TN 522-2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK 33 SY 527-2 DETECTABLE WARNINGS 60 SF 570-1-2 PERFORMANCE TURF - SOD (BAHIA) (INCLUDES GRADING AS NEEDED TO COMPLY WITH FOOT INDEX 105) 33,087 SY 570-1-2A PERFORMANCE TURF - SOD (ST. AUGUSTINE. FLORATAM) (INCLUDES GRADING AS NEEDED TO COMPLY WITH FDOT INDEX 105) 21,697 SY 660-1-100 REMOVE INDUCTIVE LOOP DETECTORS (ROSELAND ROAD) 1 PI 660.4-11 VIDEO DETECTION SYSTEM -VIDEO, F&I, CABINET EQUIPMENT 2 EA 660-4-12 VIDEO DETECTION SYSTEM -VIDEO, F&1, ABOVE GROUND EQUIPMENT 8 EA 670-5-111 TRAFFIC CONTROLLER ASSEMBLY W/CABINET (DELAWARE AVENUE) 1 EA 670 -6 -SW REMOVE CONTROLLER AND CABINET (DELAWARE AVENUE) 1 EA I documentslltemized Bid Schedule 1139 FOR BID 423 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: March 12, 2018 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: Waive the Bid Process for Holding Tank Restoration at the Residuals Dewatering Facility - UCP 4138 DESCRIPTIONS AND CONDITIONS: On October 24, 2017, the Indian River County Purchasing Department issued Purchase Order No. 79800 to Schulke, Bittle and Stoddard, LLC, (SBS) to provide professional services for assessment, bidding, and construction phase services for the structural rehabilitation of the Residual Dewatering Facility (Biosolids) holding tanks located at the Indian River County Landfill. The structural rehabilitation is necessary due to the existing deteriorated condition of the concrete holding tanks. The coating system has failed, and the hydrogen sulfide/sulfuric acid that is encountered in wastewater treatment has degraded the concrete. If the corrosion is left unaddressed, the structural integrity of the holding tanks may be compromised. Figure 1- When the tank was initially constructed in 2010 Figure 2 - Concrete spalling in the tank now. SBS completed the design and specifications in January 2018. The assessment evaluation found that the work will be limited to cleaning the tank interior, hydro blasting, and the application of the SpectraShield lining. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BOOD9294\@BCL@BOOD9294.docx 424 ANALYSIS: SBS has evaluated in detail the structural integrity of the tanks and found that, in order to minimize further deterioration, the tanks need immediate attention. In order to keep the Residual Dewatering Facility running efficiently, the corrective actions on the three (3) tanks are critical. Therefore, the best solution is to have all three (3) tanks lined with the SpectraShield system perthe Engineer of Record (see attached letter). The subject lining system was utilized at the South and Central Wastewater Treatment Plant headworks restoration projects with high success. The facility will remain in operation whilst the three (3) holding tanks are restored. Its estimated that one (1) tank will be restored per month. Figure 2- Before SpectraShield Liner System was installed at Central WWTP FUNDING: t - _ Figure 1 -After SpectraShield Liner System was installed at Central WWTP Funding for the holding tanks restoration is available in the renewal and replacement account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount Holding Tank Restoration at Bio Solids 47123536-044699-17537 $249,700.00 i � K Figure 2- Before SpectraShield Liner System was installed at Central WWTP FUNDING: t - _ Figure 1 -After SpectraShield Liner System was installed at Central WWTP Funding for the holding tanks restoration is available in the renewal and replacement account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount Holding Tank Restoration at Bio Solids 47123536-044699-17537 $249,700.00 RECOMMENDATION: Staff recommends the Board of County Commissioners waive the Bid Process and authorize the Purchasing Division to issue a purchase order to Concrete Conservation, Inc., in the amount of $249,700.00 for the restoration of all three (3) tanks at the Residuals Dewatering Facility. ATTACHMENT(s): Letter from SBS 425 JOSEPH W. SCHULKE, P.E. JODAH B. BITTLE, P.E. WILLIAM R STODDARD, Ph.D., P.E. March 7, 2018 SCHULKE, BITTLE & STODDARD, L.L.C. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Arjuna Weragoda, P.E., Capital Projects Manager Department of Utility Services Indian River County 1801 271h Street Vero Beach, FL 32960 Re: Biosolids Holding Tanks Restoration Indian River County Landfill, Vero Beach, FL Dear Mr. Weragoda: Our office was awarded Purchase Order # 79800-00 to review existing conditions of the Biosolids Holding Tanks at Indian River County Landfill and provide specifications, construction plans, and details for the restoration of the interior walls and ceiling of the three (3) holding tanks. In our review of existing conditions of tank 3, it appears that the work will be limited to cleaning the tank interior, hydro blasting, and application SpectraShield liner system. In order to keep operations functioning, each tank will be cleaned and coated separately, approximately one (1) holding tank each month. Schulke, Bittle & Stoddard, LLC is recommending Indian River County Utility Department consider awarding a sole source provider contract *to Concrete Conservation, Inc. for restoration of the Biosolids Holding Tanks at the Indian River County Landfill. This recommendation is based on the following: 1. Indian River County Utility Department has awarded contracts for the restoration of the headworks at the South and Central Wastewater Treatment Plants. These projects both included a SpectraShield liner system that was installed by Concrete Conservation, Inc. To date the SpectraShield liner system has performed exceptionally well. 2. Concrete Conservation, Inc. is the sole regional manufacturer and installer for the SpectraShield liner system in the State of Florida except for the westernmost portion of the panhandle. Since this project is limited -in scope, a general contractor is not necessarily required for coordination and project management. Indian River County Utility -Department would have the -potential to -save -by not incurring the profit .and -overhead-costs of a general contractor. For these reasons, Schulke, Bittle & Stoddard, LLC feels it would be in the best interest of Indian River County Utility Department to award a sole source provider contract for the restoration of Biosolids Holding Tanks at Indian River County Landfill. 1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 Fax 772 / 770-9496 EMAIL Info@sbsengineers.com 426 Certification of Authorization No: 00008668 Page 2 of 2 Please do not hesitate to contact me should you have any questions or require additional information. Sincerely, William P. Stoddard, Ph.D., P.E. 427 Spectra�" CONCRETE CONSERVATION March 27, 2018 William Stoddard Ph.D. P.E. Schulke, Bittle & Stoddard, LLC Re: ndian River County Bios-solids Tanks CCI Quote# Q 18-59 Concrete Conservation, Inc. is pleased to provide the following quotation for the above referenced project. Scope of Work: an�f � Hydro -blast & prime interior walls and 'ceiling, grout where needed followed by installation of SpectraShield Liner System to walls & ceiling. Install 28' of Stainless Steel termination strips where needed. $ 64,130.00 Debris removal & cleaning prior to our arrival & following our hydro -blasting. One tank has already been pre - cleaned $ 7150.00 Sub total:- $_71,280.00 Tank 1 Includes one mobilization. ank#2 & Hydro -blast & prime interior walls and ceiling, grout where needed followed by installation of SpectraShield Liner System to walls & ceiling. Install 28' of Stainless Steel termination strips where needed. $64,1 30.00 per tank $128,260.00 Debris removal & cleaning prior to our arrival & following our hydro -blasting. $ 25,080.00 per tank $ 50,160.00 ub-total: $178,420.00 Tanks 2 & 3 Includes one mobilization Grand total: $ 249,700.001 This quote is subject to the Terms and Conditions attached hereto as Exhibit A. The quote for the Work does not include provisions for, or costs associated with, field measurements, bypassing, night work, flow control, M.O.T., site restoration, water supply, site, permits, temporary roads, access to manholes beyond 65 feet, or any state and local taxes or fees that may be applicable to the Work. This quote is valid for 90 days. The return of this quote signed by an authorized representative shall constitute acceptance of our offer and the terms and conditions attached hereto. Invoices will be based on actual field measurements. Payment on invoices shall be made on the terms of net 30 days, and there shall be no retainage. Invoices remaining unpaid for thirty (30) days will bear interest of one and one-half percent (1.5%) per month. All claims for money due or to become due from Purchaser shall not be subject to deduction by Purchaser for any setoff or counterclaim. - CONCRETE CONSERVATION, INC., By: 13aV 1500dA to vv Phone: (904) 419-4889 Email: bgoodman@spectrashield.com Date: PURCHASER, Company: By: Its: Date: P.O. Box 57309 m 4527 Sunbeam Rd. a Jacksonville, FL 32257 Tel. (904) 419-4889 Fax (904) 4194892 m www.spectrasliield.com 428 .r Ci CONCRETE CONSERVATION Quotation Exhibit A Standard Terms and Conditions 1. ACCEPTANCE AND TERMS AND CONDITIONS: The offer made by Concrete Conservation, Inc., a Florida corporation ("CCI") in the quotation, which is incorporated herein by reference, shall be subject to the terms and conditions stated herein ("Terms and Conditions"). Purchaser accepts CCI's offer by having an authorized representative sign the quotation and returning it to CCI within ninety (90) days of the delivery of the quotation. If CCI's offer is not accepted within ninety (90) days of delivery of the quotation, CCI's offer shall be deemed immediately revoked. Terms and conditions different from or in addition to these Terms and Conditions, whether contained in any acknowledgment or acceptance by Purchaser, or otherwise, will not be binding on CCI without CCI's written consent. CCI's offer in the quotation together with these Terms and Conditions, once timely accepted by Purchaser, shall constitute the agreement ("Agreement') between CCI and Purchaser. 2. PRICE: CCI's prices shall be exclusive of all Federal, State, and Local taxes and fees. All applicable taxes and fees arising out of this Agreement will be borne by Purchaser. Provisions for, or costs associated with, bypassing, night work, flow control, M.O.T., site restoration, water supply, vactor services, debris removal site, permits, temporary roads, and access to manholes beyond 65 feet are not included in CCI's prices. Purchaser shall be responsible for providing a disposal site for all debris (including but not limited to sand, chipped concrete, old linings, and effluents) during the installation of the SpectraShieldm liner system, and, for lift station wet wells and W WTP structures, a bypassed, washed down structure free of sewage and sludge. CCI's prices shall be increased by any additional costs incurred by CCI as a result of any act, error, or omission by Purchaser or anyone acting on behalf of Purchaser which increases the cost of completing the Work or delays completion of the Work. 3. INVOICES AND PAYMENT: Invoices will be based on actual field measurements. Payment on invoices shall be made on the terms of net 30 days, and there shall be no retainage. Invoices remaining unpaid for thirty (30) days will bear interest of one and one-half percent (1.5%) per month. All claims for money due or to become due from Purchaser shall not be subject to deduction by Purchaser for any setoff or counterclaim. 4. LIMITATION OF LIABILITY: CCI'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID BY PURCHASER FOR THE GOODS AND/OR SERVICES. TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, CCI SHALL NOT BE LIABLE UNDER THIS AGEEMENT FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES EVEN IF CCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. DEFAULT: The following shall be deemed a default ("Default") by Purchaser: (i) failure to make timely payment of amounts due hereunder, and such nonpayment is not cured within five (5) days of notice thereof; (ii) material breach by Purchaser of any of Purchaser's obligations, representations, warranties or covenants under this Agreement, which breach continues for ten (10) days after written notice thereof; (iii) the application by Purchaser for, or consent to, the appointment of a receiver, trustee, liquidator or custodian (or similar official) of Purchaser or all or a substantial part of Purchaser's assets. in the event of a Default, CCI may immediately terminate this Agreement and seek any and all remedies provided in this Agreement, and at law or in equity. The rights and remedies provided in this Agreement to CCI shall not be exclusive and are in addition to any other rights and remedies provided by law and in equity. 6. NON ASSIGNMENT: Assignment of this Agreement or any interest in it or any payment due or to become due under It, without the written consent of CCI, will be void. An assignment will be deemed to indude not only a transfer of this Agreement or such interest or payment to another party but also a change in control of Purchaser, whether by transfer of stock or assets, merger, consolidation, or otherwise. 7. TIME: Time is of the essence of this Agreement. 8. FORCE MAJEURE: CCI shall not be required to perform any obligation under this Agreement or be liable to Purchaser for damages so long as performance or non-performance of the obligation is delayed, caused or prevented by Force Majeure, and all time periods will be extended accordingly. "Force Majeure" means: hurricanes, earthquakes, floods, fire, acts of God, unusual transportation delays, strikes, casualty, general unavailability of materials, wars, Insurrections, acts of terrorism, and any other cause not reasonably within control of CCI. 9. REMEDIES: Each of the rights and remedies reserved to CCI in this Agreement shall be cumulative and additional to any other remedies provided in law or equity. No delay or failure by CCI in the exercise of any right or remedy shall affect any such right or remedy and no action taken or omitted by CCI shall be deemed to be a waiver of any such right or remedy. 10. GOVERNING LAW; JURISDICTION; ATTORNEYS' FEES: The Agreement will be interpreted under and governed by the laws of the State of Florida without regard to its conflict of law principles. Venue for all actions arising in connection herewith will be deemed exclusively proper in state court in Duval County, Florida or in the federal court for the Middle District of Florida and the parties agree to submit to such jurisdiction and to waive any claim that such courts are an inconvenient forum. Should any Party employ attorneys in any matter arising under this Agreement, the prevailing party shall be entitled to recover and receive from the other party all reasonable costs, charges, and expenses, including attorneys' fees, expert witness fees, appeal fees, and the cost of paraprofessionals working under the supervision of an attorney, expended or incurred in connection therewith whether resolved by mediation, negotiation, arbitration, trial or appellate proceedings. 11. WAIVER OF ARBITRATION: CCI and Purchaser hereby waive and release any right to arbitration. 12. JURY TRIAL WAIVER: CCI and Purchaser hereby waive trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement. 13. SURVIVAL: Purchaser's obligations under Sections 4, 11, 12, and 13 will survive any termination of this Agreement. 14. ENTIRE AGREEMENT, SEVERABILITY: This Agreement represents the final agreement of the parties and no agreements or representations, unless incorporated in this Agreement shall be binding on any of the parties and no portion hereof shall be amended or modified unless such change shall be in writing and signed by both parties thereto. Any and all prior understandings, assurances or agreements are merged herein. If any provision of this Agreement shall be held or deemed to be orsha11, in fact, be illegal, inoperative or u nenforceable, this provision shall not affect any other provision or provisions contained In this Agreement. 15. WAIVER; MODIFICATION: Neither the failure nor any delay by CCI in exercising any right, power, or privilege under this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. This Agreement can be modified or rescinded only by a writing signed by both of the parties. 16. NOTICES: All notices, consents, waivers and other communications shall be in writing and shall be deemed to have been delivered either (i) on the delivery date, if personally delivered, or if delivered by confirmed facsimile or e-mail; (ii) one (1) business day after delivery to any national overnight courier directing delivery on the next business day, receipt requested; or (iii) three (3) business days after deposit in the United States mail, registered or certified mail, return receipt requested, with adequate postage affixed thereto. All notices to CCI shall be sent to Concrete Conservation, Inc. at P.O. Box 57309, Jacksonville, FL 32241-1354, to the attention of President, and to Purchaser at its address as set forth in the quotation, or as otherwise designated in writing. 17. PARAGRAPH TITLES: Paragraph titles are solely for reference and shall not affect the meaning or construction of this Agreement. P.O. Box 57309 4527 Sunbeam Rd. • Jacksonville, FL 32257 Tel. (904) 419-4889 Fax (904) 419-4892 * www.spectrashield.com 429 /34 Of Ce Of Attorney's Matterr 04/03/2018 INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney' MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Directo FROM: William K. DeBraal, Deputy County Attorney DATE: March 21, 2018 ATTORNEY SUBJECT: Resolution Authorizing the Florida Department of Transportation to Acquire Property Rights for County Road 609 (82nd Avenue/Ranch Road) from 69th Street to County Road 510 The Florida Department of Transportation (FDOT) seeks authorization from the Board of County Commissioners (Board) to acquire property rights to lands needed for the County Road 609 (82nd Avenue/Ranch Road) from 69th Street to County Road 510 (Project). This Project has been included in the County's Capital Improvement Element of the Comprehensive Plan for a number of years. Originally this Project was referred to as the Citrus Highway as it was going to connect Martin, St. Lucie and Indian River Counties by passing through primarily grove properties. As citrus production has faded in recent years, this phase of the Project will provide the final link needed to make 82nd Avenue connect Oslo Road to County Road 510. Negotiations to purchase the needed right-of-way are on-going and if the FDOT and the property owner(s) are not able to reach a settlement, filing a suit in eminent domain will be necessary to obtain the needed property. The attached Resolution authorizes FDOT to file eminent domain lawsuits, if needed, to acquire the needed right-of-way properties. FUNDING. There is no impact to County funds concerning this Project. The Project is 100% Federally funded, with no contribution from the County required. RECOMMENDATION. Staff recommends the Board of County Commissioners approve the Resolution authorizing the Florida Department of Transportation to acquire property rights for County Road 609 (82nd Avenue/Ranch Road) from 69th Street to County Road 510 and authorize the Chairman to execute the Resolution on behalf of the Board. Attachments: Resolution Authorizing Florida Department of Transportation to Acquire Property Rights for County Road 609 (82nd Avenue/Ranch Road) from 69th Street to County Road 510 430 County Road 609 (82nd Avenue) ROW Acquisition March 21, 2018 Page 2 Copy to: Ashleigh J. Schneider Florida Department of Transportation Right of Way - Production Services 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Ashleigh.Schneider@dot.state.fl.us 431 RESOLUTION NO. 2018 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACQUIRE PROPERTY RIGHTS. WHEREAS, Indian River County (COUNTY) is pursuing the construction of a roadway project (Project) for County Road 609 (82nd Avenue/Ranch Road) from 69th Street to County Road 510, as depicted in the attached Exhibit "A" and associated with Item / Segment Number 230879-2, Section 88503-2611, in Indian River County, Florida; and WHEREAS, the Project will involve the acquisition of certain property rights along the Project corridor, either through administrative settlements or eminent domain proceedings; and WHEREAS, the COUNTY desires for the State of Florida. Department of Transportation (DEPARTMENT) to perform the right of way acquisition, for and on behalf of the COUNTY; and WHEREAS, the COUNTY hereby authorizes the DEPARTMENT to conduct right of way acquisition and related activities; including eminent domain proceedings, on the Project, in accordance with the federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended, and WHEREAS, upon the DEPARTMENT's completion of its acquisition activities, the COUNTY will accept the acquired property from the DEPARTMENT; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County that, as part of the cooperative efforts between the DEPARTMENT and the COUNTY, INDIAN RIVER COUNTY DOES HEREBY authorize the DEPARTMENT to obtain all property rights needed for the Project, as stated above. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation Right of Way Office at 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309. 432 RESOLUTION NO. 2018 - THIS RESOLUTION was moved for adoption by Commissioner seconded by Commissioner and adopted on this 3�a day of April, 2018, by the following vote: Chairman Peter D. O'Bryan Vice -Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this 3rd day of April, 2018. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER, FLORIDA LIN Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: &L"_klak� William K. DeBraal Deputy County Attorney cc: Florida Department of Transportation 433 o D N C O m M Z 2 �) T 4 � a N om Z 2 vc -0 = O rn �I= m .Z.1 N N O Z "• _ •'�� '� '•' ��... mN O O W -4 �'rt - j (n 4 s not. 30 E. ROE. 39 E. p�:t:I.+:: a i.: M i g01 O it Q e M 'p 0MW IiE{ lqii j j,4 '.i:i. } IMS Iif a •i• . :.,.g'; i',1� N M Z lm m Z p m ` c� zz -- .1 to rM fJ n d -0 Sr _ o Om y O --f Z v .5 G b � Z m Gn N iT W Q 401 OD Z N C M 0 Z M 1 Office of Attorney's Matters 0410312018 INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: March 22, 2018 ATTORNEY SUBJECT: Memorandum of Understanding between the County and the Sheriff's Office for Standard Software License and Service Agreement In 2005, the Sheriffs Office (Sheriff) made a presentation to the Board of County Commissioners (Board) concerning the state of the 911 software system used for incoming emergency calls and Sheriff and Fire/Rescue dispatching. At that time, the system had reached its end use stage and was in need of complete replacement. Following the Sheriff's presentation, the Board entered into a contract with New World Systems Corporation (New World) for a new system that included provisions for 911 emergency calls, dispatching, jail software and public safety information. The primary user of the software system is the Sheriff, as the majority of the 911 calls seek law enforcement assistance together with the system serving the jail, which is. run by the Sheriff. The 2005 Agreement had a 5 -year term which included annual maintenance, upgrades and support services. The Sheriff, as the primary user of the software system, has continued to use New World for system maintenance since the expiration of the initial 5 -year term. New World has merged with Tyler Technologies, Inc. and the Sheriff has entered into a Support Agreement (attached) reflecting this change. Staff has suggested that the County and the Sheriff enter into a Memorandum of Understanding concerning the Software Licensing Agreement so that each party's responsibilities concerning the Agreement will be set forth in the Memorandum. Over the 13 years the system has been in use, the County's share of the maintenance of the system has been approximately 10% with the Sheriff incurring 90% of the total cost of the maintenance. For Fiscal Year 2017-18, the total for maintenance under the Agreement is $407,633.00 with the County's share being $41,309.00. Tyler Technologies produces an annual itemized bill which is delivered to the Sheriff and the Sheriff and Emergency Services review the bill in order to determine which party is responsible for the itemized costs. The County then remits payment for its fair share of the costs. The attached Memorandum of Understanding memorializes this process. FUNDING. The expense for this standard software license and serviceagreement is budgeted annually in Emergency Services District/Fire Rescue/Computer Software Acct#11412022-035120. 435 MOU with Sheriff for 911. Software March 22, 2018 Page 2 RECOMMENDATION. Staff recommends the Board of County Commissioners approve the Memorandum of Understanding with the Sheriff's Office for: Standard Software License and Service Agreement and authorize the Chairman to execute if on behalf of the Board. Attachments: Support Agreement Memorandum of Understanding Copy to: John King, Director, Emergency Services 436 Support Agreement This Support Agreement is made, as of the date set forth below (the "Effective Date") by and between Tyler Technologies, Inc. with offices at 840 West Long Lake Road, Troy; MI 48098 ("Tyler") and.the client identified below ("Client"). WHEREAS, Tyler and Client are parties to an original agreement ("Agreement") under which Client Iicensed the New World software itemized therein; and .WHEREAS, Tyler and New World merged effective November 16, 2015, with Tyler as the surviving entity; and WHEREAS, Tyler and Client desire to update the applicable maintenance and support services terms; NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows: 1. The New World software Client licensed under the Agreement, and on which Client has paid maintenance and support fees through the Effective Date, shall mean the "Tyler Software" for purposes of this Support Agreement. 2. Tyler shall provide maintenance and support services.on the Tyler Software according to the terms of Exhibit 1 to this Support Agreement. 3. For the term specified in the applicable invoice, Client shall remit to Tyler maintenance fees in the amount set forth therein. Payment is due within thirty (30) days of the invoice date. 4. This Support Agreement shall be governed by and construed in accordance with the terms and conditions of the Agreement. 5. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Support Agreement as of the dates set .forth below. Tyler Technologies, Inc. Bytfp� Name: Greg Sebastian Title: President, Public SafetXDivision Date: Client:. Indian River Co., FL Name: Debbie Adamson Title: Assistant Director 1/31/2017 APPRayEDASTO Date: FORUM 437 Exhibit 1 Maintenance and Support Agreement Tyler ("we") will provide Client ("you") with the following maintenance and support services for the Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Support Agreement. 1. Term. We provide maintenance and support services on an annual basis. The initial term commences on the Effective Date, and remains in effect for one (1) year. The term will renew automatically for additional one (1) year terms unless terminated in writing by either party at least.ninety (90) days prior to the end of the then - current term. 2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software are listed in the applicable invoice. We reserve the right to suspend maintenance and support services if you fail to pay undisputed .maintenance and support fees within thirty (30) days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended. 3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent with our then -current Support Call Process: 3.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects, as defined in the Agreement, in the Tyler Software (limited to the then -current version and the immediately prior version); provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 3.2 a) provide telephone support during our established support hours, currently Monday through Friday from 8:00 a.m. to 8:00 p.m (Eastern Time Zone) b) emergency 24-hour per day telephone support, for New World CAD, Mobile, and Corrections only, seven (7) days per week for licensed Standard Software. Normal service is available from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone). After 8:00 p.m., the New World CAD phone support will be provided via pager and a support representative will respond to CAD service calls within 30 minutes of call initiation. 3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and third party software, if any, in order to provide maintenance and support services; 3.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 3.5 provide non -Defect resolution support of prior releases of the Tyler Software in accordance with our then - current release life cycle policy. 438 Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. if we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no chargeto us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. S. :Hardware and Other Systems. If in the process of diagnosing a software support issue it is discovered that one of your peripheral systems or other software is the cause of the issue, we will notify you so that you may contact the support agency for that peripheral. system. We cannot support or maintain third party products except as expressly set forth in the Agreement. In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software: (a) All infrastructure executing Tyler Software shall be managed by you; (b) You will maintain support contracts for all non -Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third -Party Software, if any); and (c) You will perform daily database backups and verify that those backups are successful. 6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d) other consulting services; (e) maintenance and support of an operating system or hardware; (f) support outside our established support hours; or (g) installation, training services, or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks' advance notice. 7. Current Support Call Process. Our current Support Call Process for the Tyler Software is provided Schedule A to Exhibit 1. 439 tyler technologies Exhibit 1 Schedule A Support Call Process If, after you have cut over to live production use of the Tyler Software, you believe that the Tyler Software is Defective, as "Defect" is defined in the Agreement, then you will notify us by phone, in writing, by email, or through the support website. Please reference the applicable Customer Support page at www.tylertech.com/client-support for information on how to use these various means of contact. Documented examples of the claimed Defect must accompany each notice. We will review the documented notice and when there is a Defect, we shall resolve it at no additional cost to you beyond your then -current maintenance and support fees. In receiving and responding to Defect notices and other support calls, we will follow the priority categorizations below. These categories are assigned based on your determination of the severity of the Defect and our reasonable analysis. If you believe a priority categorization needs to be updated, you may contact us again, via the same methods outlined above, to request the change. In each instance of a Priority 1 or 2 Defect, prior to final Defect correction, the support team .may offer you workaround solutions, including patches, configuration changes, and operational adjustments, or may .recommend that you revert back to the prior version the Tyler Software pending Defect correction. (a) Priority 1: A Defect that renders the Tyler Software inoperative; or causes the Tyler Software to fail catastrophically. After initial assessment of the Priority 1 Defect, if required, we shall assign a qualified product technical . specialists) within one business (1) hour. The technical specialists) will then work to diagnose the Defect and to correct the Defect, providing ongoing.communication to you concerning the status of the correction until the Tyler Software is operational without Priority 1 defect. The goal for correcting a Priority 1 Defect is 24 hours or less. (b) Priority 2: A Defect that substantially degrades the performance of the Tyler Software, but does not prohibit your use of the Tyler Software. We shall assign a qualified product technical specialist(s) within four (4) business hours of our receipt of your notice. The product technical specialist will then work to diagnose and correct the Defect. We shall work diligently to make the correction, and shall provide ongoing communication to you concerning the status of the correction until the Tyler Software is operational without Priority 2 Defect. The goal for correcting a Priority 2 event is to include a correction in. the next Tyler Software release. (c) Priority 3: A Defect which causes only a minor impact on the use of the Tyler Software. We may include a correction in subsequent Tyler Software releases. 440 MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE SHERIFF'S DEPARTMENT THIS MEMORANDUM OF UNDERSTANDING for Standard Software License And Service Agreement dated this day of April, 2018, by and between the Indian River County Board of County Commissioners (County), a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960, and the Indian River County Sheriff's Office (Sheriff) whose address is 405541St Street, Vero Beach, Florida 32960, do hereby agree as follows: WITNESSETH: WHEREAS, on March 29, 2005 the County approved a Contract for Standard Software License and Service Agreement (Agreement) with New World Systems Corporation for an integrated public safety information, system for Fire/Rescue services; and WHEREAS, the Agreement also provided for the Sheriff's dispatch records, jail software and enhanced 911 capabilities; and WHEREAS, the Agreement included a 5 -year maintenance provision, which has been extended by the Sheriff, and WHEREAS, New World Systems Corporation, now known as Tyler Technologies, Inc., (Tyler) has provided updated software, associated hardware, training and support of the system package since 2005; and WHEREAS, the Sheriffs annual maintenance, support and upgrades make up the bulk of the system package and the annual Fire/Rescue portion for maintenance, mapping and data analysis functions normally equate to approximately ten percent of the annual system package maintenance, support and training costs; and WHEREAS, the parties desire to enter into this Memorandum of Understanding so as to set forth each party's respective duties concerning the Agreement and their financial responsibilities thereto. NOW, THEREFORE, for valuable consideration of which the parties mutually agree is adequate and sufficient, it therefore is agreed as follows: 1. The above Whereas clauses are incorporated by reference into this agreement. 2. Each party agrees to pay its fair share of the annual cost associated with the maintenance of the software, hardware, training and support related to the system package for the Agreement. F: JAttorneyJBi11 JSheriffiMOU Between 8CC and Sheriff re New World Systems.docx 441 1 3. Upon receipt of the annual bill for the maintenance of the system package, the parties shall meet and agree upon the County's fair share for the maintenance of the system package and the County shall remit its fair share to the Sheriff's Department within 30 days of receipt of the annual bill. 4. In the event of a disagreement between the parties, the Director of Emergency Services or his designee and the Sheriff or his designee, shall meet in an effort to resolve any disagreements and/or discrepancies related to the bill. 5. In the event the Sheriff chooses to terminate the agreement with Tyler, the County shall be given 90 -days' notice of the termination. The Sheriff shall include the Director of Emergency Services in the drafting, review and negotiations of a Request for Proposals or Request for Qualifications for a new 911 services agreement with another vendor or vendors. 6. Upon termination of the agreement with Tyler Technologies, this Memorandum of Understanding shall terminate also. IN WITNESS WHEREOF the undersigned hereby agreed to the terms of this Memorandum of Understanding as evidenced by their signatures below. ATTEST: Jeffrey R. Smith, Clerk of Court, BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Peter D. O'Bryan, Chairman Approved by BCC: April , 2018. Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator William K. DeBraal, Counti-Attorney F.lAttorneyl BMSherifflMOU Between BCC and Sheriff re New World Systems.docx 2 442 INDIAN RIVER COUNTY SHERIFF'S OFFICE 0 Deryl Loar, Sheriff Approved by Sheriff: —2018 Approved as to form and legal sufficiency: Jim Harpring, Undersheriff F;IAttorneylBi11jSherifflM0U Between BCCond Sheriff re New Wodd Systems.docx 443 3 Attorney's Matters - B.C.C. 4.3.18 Of ce of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorney C' DATE: March 27, 2018 SUBJECT: 2018 State Legislative Final Report ATTORNEY BACKGROUND: The Indian River County Board of County Commissioners (the "Board") approved a list of priorities for the 2018 State of Florida legislative session on October 24, 2017. The 2018 State of Florida legislative session was held from January 9, 2018, to March 11, 2018. Attached is a final report concerning the State of Florida's 2018 legislative session. Please be advised that a list of what to expect for the 2019 legislation session is included in the final report. RECOMMENDATION: The County Attorney's Office recommends the Board direct staff to work with individual Indian River County Commissioners, the County's lobby team, the Treasure Coast Council of Local Governments, and the Florida Association of Counties to prepare for the 2019 legislative session by using the anticipated topics outlined in the 2018 Final Legislative Report. ATTACHMENT(S) Copy of Indian River County's 2018 State Legislative Final Report. 444 OVERVIEW ♦ 1,654 general, 65 local, and 1314 appropriations project bills were filed. Of those, 165 general bills and 29 local bills passed both chambers. ♦ Regular session was extended to Sunday, March 11, 2018, to pass a $88.73 billion budget. ♦ The Florida Legislature gave $168.6 million in tax cuts. This is the smallest tax package during Governor Scott's tenure. 1. LEGISLATIVE PRIORITIES 1.1 INDIAN RIVER LAGOON Indian River County BCC SUPPORTED legislation to appropriate funding for local government projects and pro- grams that would enhance the economic wellbeing of Indian River County by treating and monitoring the health of the Lagoon. 1.2 TRANSPARENCY, ACCOUNTABILITY, AND OVERSIGHT OF THE FLORIDA MUNICIPAL POWER AGENCY (FMPA) In the event the FMPA hinders the full sale of the City of Vero Beach electric utility to Florida Power and Light, Indian River County BCC SUPPORTED policies to require greater oversight, transparency, and accountability by the Florida Municipal Power Agency TMPA) to its member municipalities and ratepayers. 1.3 HIGH SPEED PASSENGER RAIL Indian River County BCC OPPOSED any state, federal or local funding for private passenger rail projects propos- ing to traverse through its jurisdiction including, but not limited to, All Aboard Florida (aka Bright -line); SUP- PORTED legislative and executive branch advocacy efforts to regulate passenger rail in order to protect the State of Florida's citizens, local governments, wildlife, waterways, and natural environment; and OPPOSEED any effort to shift the cost burden of operating and maintaining passenger rail onto local governments or the State of Florida. 1.4 CANAVERAL PORT AUTHORITY FOREIGN TRADE ZONE Indian River County BCC SUPPORTED the expansion of either Foreign Trade Zone 218 located in St. Lucie County or Foreign Trade Zone 136 located in Brevard County to include Indian River County. 1.5 BEACH RESTORATION AND NOURISHMENT Indian River County BCC SUPPORTED the creation of a newly dedicated and recurring statutory funding source for beach restoration and renourishment projects; and OPPOSED policies that would change or modify the criteria used by the Department of Environmental Protection to rank eligible beach renourishment projects that would neg- atively impact communities interested in protecting nearshore hardbottom resources. 445 1.6 TEXTING WHILE DRIVING Indian River County BCC SUPPORTED policies that would make texting while driving a primary offense. 1.7 SHORT TERM VACATION RENTALS Indian River County BCC OPPOSED policies that would preempt a local government's ability to have local ordinances related to vacation rentals. 446 2. FLORIDA BUDGET AND LOCAL APPROPRIATIONS 2.1 BEACH RENOURISHMENT- SECTOR 5 Indian River County BCC SUPPORTED an appropriation of $1,947,637.50 in matching funds for a beach resto- ration project to Indian River County's Sector 5 beach. Sector 5 is within the City of Vero Beach and the project area is approximately 3 miles. Specifically, Indian River County requested: ❑ $81,637.50 in matching funds for a feasibility design, ❑ $233,250 in matching funds for the design of the beach project, and D $1,632,750 in matching funds for the construction of the beach project. The final budget included $50 million for Beach Management Funding Assistance and $11.2 million for Hurricane Recovery Funding Assistance. Unfortunately, Indian River County will not receive funding this year for Sector 5 through an appropriation. 2.2 WEST WABASSO SEPTIC TO SEWER Indian River County BCC SUPPORTED an appropriation of $840,000 in matching funds to construct the West Wabasso Septic to Sewer Phase II project. The final budget did not include funding for this project. 2.3 GENERATORS FOR LIFT STATIONS Indian River County BCC SUPPORTED an appropriation of $416,640 in matching funds to purchase and in- stall generators to provide power to critical emergency facilities like emergency shelters, nursing homes, senior communities, and assisted living facilities The final budget did not include funding for this project. 447 3. LEGISLATION SUPPORTED BY THE COUNTY THAT PASSED 3.1 PASSENGER RAIL STUDY Background. For at least a decade, high-speed passenger rail has been discussed and proposed within the State of Florida. While All Aboard Florida's Brightline service is the most recent passenger rail service being proposed, it is not the first and it certainly will not be the last. To ensure the citizens of the State of Florida are safe, it is imperative that the State of Florida requires the highest degree of safety improvements at the railroad -highway grade crossings. Legislation: Specific Appropriation 2673, directs the Office of Program Policy Analysis and Government Accounta- bility (OPPAGA) to contract for a study to examine existing and planned passenger rail operations, including high- speed passenger rail, in this state, and submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by November 1, 2018. The study must include: an overview of the Florida Rail Sys- tem, including existing and planned passenger rail and high-speed passenger rail operations in the state, and identifi- cation of existing and planned passenger rail and high-speed passenger rail stations; corridors, and associated railroad -highway crossings; an overview of the jurisdiction of federal, state, and local governments to regulate passenger rail and high-speed passenger rail operations; data relating to incidents, including resulting injuries and fatalities, involv- ing passenger rail and high-speed passenger rail operations in this state; recommendations to further enhance passen- ger rail and high-speed passenger rail safety in this state, including a review of current crossing signalization, grade crossings and separations, corridor protection, public education and awareness, and coordination with local law en- forcement and emergency management officials; and recommendations to further improve passenger rail and high- speed passenger rail in this state. Report Due Date: November 1, 2018. 3.2 PREARREST DIVERSION PROGRAMS Background: The civil citation process is designed to provide an alternative to formal judicial handling for first time misdemeanant offenses. The term "diversion" has been used broadly through the years to refer to programs that permit an individual to avoid incarceration, but still result in a criminal conviction. In recent years, the term diversion has also begun to refer to programs that address an individual's behavior, but do not result in a convic- tion. An example of diversion is prearrest diversion. One form of prearrest diversion is a civil citation program where a law enforcement officer has discretion to issue a civil citation to an individual who commits an eligible mis- demeanor offense, meets other eligibility requirements, and agrees to participate in a diversion program. If the indi- vidual successfully completes the program, he or she does not have an arrest record. Currently, a law enforcement officer who makes contact with a juvenile who admits to having committed a misde- meanor has the discretion to: 0 Issue a warning or inform the juvenile's parent or guardian of the child's infraction; 0 Issue a civil citation or require participation in a similar diversion program; or 0 Arrest the juvenile Legislation: SB 1392 (Grandes) and HB 1197 (Ahern) requires the establishment of two prearrest diversion pro- grams in each judicial circuit in the state, one for adults and one for juveniles. The bill requires the programs to be created with the collaboration of the public defender, the state attorney, the clerk of the court for each county in the circuit, and representatives of participating law enforcement agencies in the circuit. The bill requires the DJJ to de- velop and provide guidelines for best practice models for civil citation or similar prearrest diversion programs to the judicial circuits to use as a resource in developing and refining the circuit -wide programs Effective: This bill was signed by the Governor. It will take effect on July 1, 2018. 448 4 4. LEGISLATION SUPPORTED BY THE COUNTY THAT FAILED 4.1 HIGH-SPEED PASSENGER RAIL ACT Background: The State of Florida has expressed a desire to construct or support the construction of a high- speed passenger rail system within the State to address some of its transportation concerns. Throughout the years, there have been numerous proposals for passenger trains to operate within the State, including high- speed passenger trains. The most recent proposal is the Brightline service by All Aboard Florida (AAF). AAF .is a private company that proposes to operate a high-speed passenger rail service between Miami and Orlando with intermediate stations in Fort Lauderdale and West Palm Beach. The current proposal has 32 trains oper- ating at a maximum speed of 110 MPH between West Palm Beach and Cocoa Beach, Florida. AAF has of- fered to pay for the costs of the initial safety improvements but only if the impacted local governments pay for the long-term maintenance of the railroad crossings. Legislation: SB 572 (Mayfield) and HB 525 (Grall) would have provided minimum safety standards for any high-speed passenger rail operating in the State of Florida. The legislation also would have required any high- speed passenger rail system operating within the State to be solely responsible for rail corridor improvements and upgrades relating to its operation and safety unless otherwise agreed to by the express consent of another entity in writing. 4.2 COASTAL MANAGEMENT Background: Fronting the Atlantic Ocean, the Gulf of Mexico, or the Straits of Florida, the state has 825 miles of sandy coastline. Beaches are one of Florida's most valuable resources and serve multiple important functions including providing habitat and protection for a number of species of plants and animals, attracting visitors and new residents to the state, and providing a line of defense against major storms. Specifically, beaches are the most important feature of Florida's brand, accounting for 25.5 percent of the state's attractive- ness to visitors. Legislation: SB 174 (Hukill) and HB 131 (Peters) would have revised the beach nourishment and inlet man- agement project funding criteria and requires the Department of Environmental Protection (DEP) to adopt by rule a scoring system, composed of four tiers and, to determine annual funding priorities. The bill would have required projects considered for funding under the inlet management program be considered separate and. apart from projects reviewed and prioritized under the tiered structure for beach nourishment projects. The bill also would have required the DEP to amend the requirements of the comprehensive long-term beach management plan and the Strategic Beach Management Plan (SBMP). 4.3 LAND ACQUISITION TRUST FUND Background: The Indian River Lagoon is the one of the most biodiverse estuaries in North America. Residents and tourists use the Indian River Lagoon for recreational, economic and educational purposes. Legislation: SB 786 (Mayfield) and HB 339 (Fine) would have provided an appropriation for certain projects re- lated to Indian River Lagoon Comprehensive Conservation & Management Plan. It also would have authorized Department of Environmental Protection to make grants for such projects. 449 4.3 TEXTING WHILE DRIVING Background: As of January 2017, texting while driving violations are enforced as primary offenses in 41 states. Flor- ida is one of four states where texting while driving is a secondary offense when an operator of a motor vehicle has been detained for a suspected violation of another law. Specifically, Florida law bans driving while sending or read- ing data on a wireless cell phone for the purpose of non -voice interpersonal communication. The ban does not apply to a stationary motor vehicle or to a motor vehicle operator who is using it for official duties as an operator of an authorized emergency vehicle, law enforcement or fire service professional, or an emergency medical services profes- sional. It also does not apply to those who are using the wireless communication device for navigation purposes Legislation: SB 90 (Perry) and IIB 33 (Toledo, Slosberg) would have revised the legislative intent relating to the authorization of law enforcement officers to stop motor vehicles and issue citations to persons who are texting while. driving. It would have also required a law enforcement officer to inform a person who is stopped for texting while driving of the person's right to decline a search of his or her wireless communications device. 450 5. LEGISLATION OPPOSED BY THE COUNTY THAT FAILED 5.1 VACATION RENTAL Background: Current law prohibits local laws, ordinances, or regulations that prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. Ordinances adopted by various local governments have sparked an abundance of litigation. Legislation #1: HB 773 (La Rosa) would have prohibited a local law, ordinance, or regulation on vacation rentals that restricts the use, prohibits, or regulates vacation rentals based solely on their classification, use, or occupancy. Legislation #2: SB 1400 (Steube) and SB 1640 (Simmons) would have created the "Florida Vacation Rental Act" within part III of Chapter 509, F.S., explicitly preempting the regulation of vacation rentals to the state and separat- ing the regulation of vacation rentals from the regulation of public lodging establishments, such as hotels and mo- tels. Under the bill, local governments would have only been able to regulate activities that arise when a property is used as a vacation rental, provided the regulation applies uniformly to all residential properties. However, the bill proposed to grandfather local regulations adopted before June 1, 2011, or amended to be less restrictive, which pro- hibit vacation rentals, or regulate the duration or frequency of vacation rentals. 5.2 EMPLOYMENT DISCRIMINATION— EMERGENCY Background. During the 2017 hurricane season, Florida experienced one of the most powerful storms ever record- ed in the Atlantic Ocean. In early September, Floridians watched news coverage of Hurricane Irma as it quickly de- veloped into a Category 5 hurricane and trajectories began to show the powerful storm heading on a northward path, directly through the middle of the state. In preparation for the storm, on September 4, 2017, Governor Rick Scott declared a state of emergency in all 67 counties in Florida. The following day, the President of the United States ap- proved a pre -landfall emergency declaration for the State of Florida. As the storm approached, mandatory evacua- tion orders were issued throughout the state and a record number of 6.5 million people evacuated. Legislation: SB 1828 (Rodriguez) and HB 225 (Davis) would have prohibited an employer from taking any retaliato- ry personnel action against an employee who leaves a place of employment due to a mandatory evacuation order. The term "retaliatory personnel action" includes "the discharge, suspension, or other demotion by an employer of an employee or any other adverse employment action taken by an employer against an employee in the terms and con- ditions of employment." Specifically, the employer would not have been permitted to take retaliatory personnel ac- tion against an employee who: (1) Left the employee's place of employment to evacuate under a mandatory evacua- tion order; (2) Evacuated because the employee's residence or place of employment was included in the mandatory evacuation zone, or (3) Returns to work within 14 days after the mandatory evacuation order is lifted, or another time agreed upon between the employee and employer. The bill did not apply to individuals who are: (1) Employed as emergency personnel if the employer provides ade- quate emergency shelter for those individuals; (2) Necessary to provide for the safety and well-being of the general public, including a person necessary for the restoration of vital services; and (3) Employed at a nursing home facility, hospice, assisted living facility, or hospital. 451 5.3 FLORIDA BUILDING COMMISSION Background. The most recent Code is the 5th edition, which is referred to as the 2014 Florida Building Code. The 5th edition of the Code went into effect June 30, 2015. In 2017, the Legislature enacted legislation requiring the Florida Building Commission to review the I -Codes every three years to determine if the Code needs to be updated, instead of requiring automatic adoption of the latest code The Commission also reviews the National Electric Code (NEC) every three years to determine if the Code needs to be updated. The NEC is published every three years by the National Fire Protection Association (NFPA) and has been adopted by all 50 states. The NFPA develops codes to address the installation of electrical conductors, equipment, and raceways; signaling and communications. Legislation: HB 299 (McClain) proposed to revise the membership of the commission. Note: There was never a Senate companion. 5.4 METROPOLITAN PLANNIG ORGANIZATIONS Background: Metropolitan Planning Organizations (MPOs) are federally -mandated transportation planning organi- zations comprised of representatives from local governments and transportation authorities. The MPO's role is to develop and maintain the required transportation plans for a metropolitan area and to ensure that federal funds sup- port local priorities. Federal law requires MPOs in urbanized areas with a population of more than 50,000 individu- als. Legislation: SB 1516 ( Perry) and HB 575 (Beshears) would have provided that MPOs serving designated urbanized areas with populations of 500,000 or fewer will consist of at least 5 but not more than 11 apportioned members. For MPOs in urbanized areas with populations of more than 500,000, its membership will be at least five but no more than 15 apportioned members. The remainder of the statute regarding the number of members on an MPO board remains the same. The bill would have prohibited the entire county commission from being members of an MPO's governing board and would have established term limits for MPO members, providing that members serve 4 -year terms and may be reappointed for one additional 4 -year term. 5.5 SOVEREIGN IMMUNITY Background: Currently, to receive a large claim from a political subdivision for certain claims or judgments (ie. torts), an individual must go to the Florida Legislature to receive a claims bill. Legislation: SB 1812 (Rader) and HB 1131 Qenne) would have authorized political subdivisions to insure for certain amounts to pay certain claims or judgments. It also would have prohibited payments in excess of such insurance lim- its from such political subdivisions. Finally, it would have authorized counties to purchase umbrella policies to insure certain municipalities. 5.6 TAXATION OF INTERNET VIDEO SERVICE Background: Under current law, Internet video services, like Netflix, Hulu, Sling TV, and other, fall within the defi- nition of communications services and, accordingly, are subject to state and local communications services taxes (CST) and gross receipts tax Legislation: SB 1210 (Brandes) and HB 1245 (Bodeur) would have amended the CST law to define "Internet video services" and exclude such services from the definition of "communications services." Thus, the bill exempts Inter- net video services from the state and local CST and the gross receipts tax. Further, the bill prohibits all public bodies from imposing or collecting any tax or fee with respect to the provision or purchase of Internet video services 452 5.7 TREE AND TIMBER TRIMMING, REMOVAL AND HARVESTING Background: Currently, in Florida there are 67 counties and 413 municipalities.) Local governments often have tree ordinances that specify the species that must be used in a given area depending on the land use. Some local govern- ments require a permit prior to trimming certain trees. Local governments may also afford certain trees protection because they are considered an important community resource. The terms used to describe such trees may include heritage, historic, landmark, legacy, special interest, significant, or specimen trees. Legislation: 1413 521 (Edwards -Walpole) and SB 574 (Steube)- Initially, SB 574 proposed to preempt to the state the regulation of trimming, removal, or harvesting of trees and timber on private property. The bill prohibits municipali- ties, counties and other political subdivisions of the state from prohibiting or restricting a landowner from trimming, removing or harvesting trees located on the landowner's property, requiring mitigation for the removal of trees, or prohibiting the burial of trees and vegetative debris on properties larger than 2.5 acres. Amended Legislation- The bill was amended to provide that after a tight -of -way for flood protection or drainage control has been established and constructed by a water management district (WMD), water control district, or spe- cial district authorized to exercise certain powers, a local government may not require a permit or other approval for tree and vegetation maintenance within rights -of -wap established by such entities. When performing such mainte- nance, a WMD, water control district, or special district would have to give the local government minimum advance notice of five business days unless the maintenance is necessary to avoid an imminent threat to public safety. 5.8 GOVERNMENT ACTIONS DISCRIMINATING AGAINST BUSINESSES Background: There is an effort by some members of the Florida Legislature to limit the home rule authority of local governments; especially when it comes to local ordinances that impact businesses. Legislation: HB 871 (Fant) and SB 1290 (Baxley) would have designated an act called the "Free Enterprise Protec- tion Act" which sought to prohibit certain discriminatory actions by governmental entities against business entities. A discriminatory action was defined as: any action taken by a government entity to: 1. Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against a busisess entity; 2. Deny, delay, or revoke a business entity's exemption from taxation or other tax benefit, 3. Withhold, reduce, exclude, terminate, deny, or otherwise make unavailable to a business entity any grant, contract, subcontract, cooperative agreement, bond issue, license, certification, or other similar opportunity, position, or status; or 4. Withhold, reduce, exclude, terminate, deny, or otherwise make unavailable to a business entity access or an entitlement to property, facilities, speech forums, including traditional, limited, and nonpublic forums, or charitable fundraising campaigns. 453 6 -LEGISLATION: OPPOSED .BY THE COUNTY THAT PASSED. 6.1 POSSESSION OF REAL PROPERTY Background: The state generally owns the property under navigable waters up the mean high water mark, whereas upland landowners own the land down to such mean high water mark. The term "customary use" refers to a general right of the public at large to possess and use certain dry sand areas for recreational purposes. Where a customary use of a dry sand area is shown, the property owner may not use traditional causes of action like ejectment, forcible entry, or trespass to stop such public use of the private land. Legislation: SB 804 (Passidomo) and 631 (Edwards -Walpole) prohibits local government from enacting or enforc- ing ordinance or rule based on customary use unless the ordinance or rule is based on a judicial declaration affirming recreational customary use on such beach. It also creates a new process for determining customary use of a beach. Effective: This legislation was signed by the Governor and will take effect on July 1, 2018. 454 7. LEGISLATION OPPOSED BY THE COUNTY BUT WERE SUCCESSFULLY NUETRALIZED 7.1 IMPACT FEES Background: Impact fees are enacted by local ordinance. These fees are tailored to pay the cost of additional infra- structure necessitated by new development. As a result, impact fee calculations vary from jurisdiction to jurisdiction and from fee to fee. Impact fees also vary extensively depending on local costs, capacity needs, resources, and the local government's determination to charge the full cost or only part of the cost of the infrastructure improvement through utilization of the impact fee. The Florida Statutes do not specify when a local government must collect im- pact fees. As a result, the applicable local government makes this decision, and the time of collection varies. Legislation: SB 324 (Young) and HB 697 (Miller) proposed to require an impact fee to be adopted by ordinance of a. county or municipality or by resolution of a special district to specify that the collection of the impact fee be no earlier than the issuance of the certificate of occupancy for the property that is subject to the fee. Position: The County advocated against the legislation because this position would have placed us in the position of acting as a collection agency. Amended Legislation: The legislation was amended to require that the collection of an impact fee be no earlier than the issuance of the building permit for the property that is subject to the fee and provides that the statutory provisions related to impact fees do not apply to water and sewer connection fees. The bill also codified the dual rational nexus test. The bill required impact fees to have a rational nexus with the need for additional capital facilities and the expenditures of the funds collected. The local government would have to specifically earmark funds collect- ed by the impact fees for use in acquiring, constructing, or improving capital facilities to benefit the new users. Final- ly, the bill would have prohibited the use of impact fee revenues 'to pay existing debt unless certain conditions are met. 7.2 WORKERS' COMPENSATION FOR FIRST RESPONDERS Background: Currently, a mental or nervous injury must be accompanied by a physical injury requiring medical treatment to be compensable under the workers' compensation law in ch. 440, F.S. Therefore, the physical injury must be severe enough to warrant such treatment in order for any psychiatric injury to be compensable. Legislation: SB 376 ( Book) HB 227 (Willhite) proposed to authorizes the payment of indemnity benefits to a law enforcement officer, firefighter, emergency medical technician, or paramedic that experiences PTSD unaccompanied by a physical injury if all of the following conditions are met: (1) the mental or nervous injury resulted while the law enforcement officer, firefighter, emergency medical technician, or paramedic was acting within the scope of employ- ment and the person witnessed a murder, suicide, fatal injury, child death, or arrived,on a scene of a mass casualty incident; and (2) The mental or nervous injury is demonstrated by a preponderance of evidence by a licensed psychi- atrist to meet the criteria for PTSD as described in the fifth edition of the Diagnostic and Statistical Manual of Men- tal Disorders published by the American Psychiatric Association. Position: The County advocated for a different burden of proof standard. Amended Legislation: The legislation was amended and the evidentiary standard for compensation of Post Trau- matic Stress Syndrome was changed to a clear and convincing standard. Status: This legislation passed and has been presented to the Governor. If signed, it will be effective on October 1, 2018. 455 11 7.3 TOURIST DEVELOPMENT TAX Background: Florida law permits counties to impose local option taxes on rentals or leases of accommodations for a term of six months or less. The taxes are generally referred to as "tourist development taxes," but consist of several separate levied taxes. Legislation: SB 658 (Brandes) and HB 585 (Fine) proposed to authorize counties imposing the tourist development tax to use revenues from the tax to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or finance public facilities if the public facilities are needed to increase tourist -related business activities in the applicable county or subcounty special district and are recommended by the county tourist development council. Position: The County was concerned that this would diminish the already limited tourist development tax funds as a com- munity resource. Amended Legislation: The legislation was amended to allow tourist development tax revenues to be used to finance public facilities only if the county or subcounty district in which the tax is levied received at least $20 million in revenue from the tax in the year before using the revenue for infrastructure, the infrastructure use is approved by a vote of at least two-thirds of the county governing board, no more than 70 percent of the cost of the infrastructure is paid for with tourist development tax revenue, and an independent professional analysis has shown the positive impact of the infrastructure on tourist related businesses. Status: The referenced bill died. However, the language survived because it was placed into the tax package (HB 7087). Final Language: Tourist Development Tax revenues may be used to finance public facilities only if the following condi- tions are satisfied: a. In the county fiscal year immediately preceding the fiscal year in which the tax revenues were initially used for such purposes, at least $10 million in tourist development tax revenue was received; b. The county governing board approves the use for the proposed public facilities by a vote of at least two-thirds of its membership; c. No more than 70 percent of the cost of the proposed public facilities will be paid for with tourist development tax revenues, and sources of funding for the remaining cost are identified and confirmed by the county governing board; d. At least 40 percent of all tourist development tax revenues collected in the county are spent to promote and advertise tourism as provided by this subsection; and e. An independent professional analysis, performed at the expense of the county tourist development council, demon- strates the positive impact of the infrastructure project on tourist related businesses in the county. 7.4 MOTOR VEHICLES AND RAILROAD TRAINS Background. The Florida Uniform Traffic Control Law is intended to make uniform traffic laws to apply throughout the state. Florida law does not currently address railroad company reporting requirements related to accident reports. Legislation: SB 1482 (Young) and HB 959 (Fischer) proposed to clarify that for the purposes of the Florida Uniform Traffic Control Law: (1) A railroad train is not considered a vehicle or motor vehicle; and (2) A railroad train engineer operating a railroad train is not considered a driver or an operator. The bill also proposed to amend s. 316.068, F.S., to provide that a member of a railroad train crew or a passenger on a railroad train is not considered a passenger for purpos- es of Florida's crash report forms. Position: The County was concerned that this bill was intended to stop investigations of motor vehicle crashes involving trains. Amended Legislation: The legislation was amended to allow law enforcement officers to decide whether to collect the names and addresses of the drivers and passengers of The train and of the motor vehicle Status: "This legislation died in Rules and will likely be back next session. 456 12 7.5 COUNTY AND MUNICIPAL PUBLIC OFFICERS AND EMPLOYEES Background: The Florida Uniform Traffic Control Law is intended to make uniform traffic, laws to apply throughout the state. Florida law does not currently address railroad company reporting requirements related to accident reports. Legislation: SB 1180 (Steube) and HB 815 (Avila) proposed to require travel by county and municipal officers and staff to be approved by the governing board in advance. The bill also capped lodging expenses at $120 per day, but allowed for county and municipal officers to stay in accommodations that are more expensive if they pay the differ- ence between the cap and the actual cost. Position: The County was concerned that the time constraints related to filing memos to agenda items.would interfere with the County's ability to travel to meetings outside its jurisdiction. This would be particularly problematic for traveling to Tallahassee when the public receives notice for important meetings only 72 hours to 24 hours in advance. Amended Legislation: The legislation was amended to place limits on traveling outside of the state and internation- al travel, but not on travel within the state. Status: This legislation died in Rules and will likely be back next session. 7.6 ENVIRONMENAL REGULATION Background. The governing body of a county has the responsibility and power to provide for the operation of sol- id waste disposal facilities to meet the needs of all incorporated and unincorporated areas of the county. Each coun- ty must have a recyclable materials recycling program that has a goal of recycling 40 percent of recyclable solid waste by December 31, 2012; 50 percent by December 31, 2014; 60 percent by December 31, 2016; 70 percent by Decem- ber 31, 2018; and 75 percent by December 31, 2020. In the development and implementation of a curbside recycla- ble materials collection program, a county or municipality must enter into negotiations with a franchisee who is op- erating to exclusively collect solid waste within a service area of a county or municipality to undertake curbside recy- clable materials collection responsibilities for a county or municipality. Local governments are authorized to enact ordinances that require and direct all residential properties, multifamily dwellings, and apartment complexes and in- dustrial, commercial, and institutional. Legislation: SB 1308 (Perry) and HB 1149 (Payne) proposed to define the term "contaminated recyclable material" to mean recyclable material having 15 percent or more, measured by weight or volume, of municipal solid waste or nonrecyclable material comingled with recyclable material. The bill prohibits a county or municipality from requiring the recycling of contaminated recyclable material and provides that a county, municipality, or recyclable material contractor is not required to collect, transport, or process contaminated recyclable material, except for certain grand- fathered contracts until July 1, 2023. Position: The County was concerned the limitation of 15% would place it at a disadvantage for future negotiations with waste haulers. Amended Legislation: The legislation was amended to remove this limitation. Effective This legislation has been presented to the Governor. It shall become effective upon being signed. 457 13 9. WHAT TO EXPECT DURING 2019 LEGISLATIVE SESSION • Legislation Relating to High -Speed Passenger Trains • Legislation Relating_to Vacation Rentals • Legislation Relating to Texting While Driving • Legislation Relating to Opioid Abuse • Legislation Relating to Coastal Management • Legislation Relating to Medical Marijuana Legislation Relating to Firefighters Legislation Relating to Fracking • Legislation Relating to Local Government Fiscal Responsibility • Legislation Relating to Local Government Lobbyist Registratiog Legislation Relating to Local Government Fiscal Transparency • Legislation Relating to the 2020 Recycling Mandate • Legislation Relating to the Sweeping of the SHIP Fund • Legislation Relating to Impact Fees Legislation Relating to MetroFolitan Planning Organizations • Legislation Relating to Taxation of Intent Video Service • Legislation Relating to Motor Vehicles and Railroad Trains 458 14 I - .904T= -A ► There were 1,654 general, 65 local, and 1314 appropriations project bills filed this legislative session. it. Of those 165 general bills and 29 local bills passed both chambers. ► As of today, the Governor has only vetoed one bill and it relates to the Palm Beach County Housing Authority. ► Regular session was extended to Sunday, March 11, 2018, to pass a $88.73 billion budget. ► The Florida Legislature gave $168.6 million in tax cuts. This is the smallest tax package during Governor Scott's tenure. 4513-1 2018 Priorities (i) Indian River Lagoon (2) Transparency, Accountability and Oversight of the FMPA (3) High Speed Passenger Rail (a) Foreign Trade Zone (5) Beach Restoration and Nourishment (6)Texting While Driving (7) Short -Term Vacation Rentals `53-2 Legislation that was supported by the County that failed lo. High Speed Passenger Rail Act ►Coastal Management ►Land Acquisition Trust Fund ►Texting While Driving Legislation that was opposed by the County that failed ► Vacation Rentals ► Employment Discrimination- Emergency ► Florida Building Commission ► Metropolitan Planning Organization ► Sovereign Immunity ► Taxation of Internet Video Service ► Tree and Timber Trimming, Removal and Harvesting ► Government Actions Discriminating Against Businesses Legislation that was opposed by the County but successfully neutralized ► Impact Fees ► Workers' Compensation for First Responders ► Tourist Development Tax ► Motor Vehicles and Railroad Trains ► County and Municipal Public Officers and Employees ► Environmental Regulation 42- 5 r Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney /36 County Attorney's Matters - B. CC 4.3.18 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney 1�,A� DATE: March 22, 2018 SUBJECT: City of Sebastian Fire Marshal Ordinance BACKGROUND. A'T'TORNEY Pursuant to section 208.09 of the Indian River County Ordinance Code (the "Code"), the Indian River County Fire Marshal's Office is operated under the supervision of the Fire Chief of the Indian River County Fire Division, under the direction of the Director of the Indian River County Department of Emergency Services. Additionally, the fire chief is responsible for designating a fire marshal who is responsible for the administration and enforcement of applicable provisions of the Code, the State Fire Prevention and Control Chapter (Chapter 633, Florida Statutes) and Chapter 69A-60, Florida Administrative Code. The fire marshal, or his or her designee, is responsible for issuing permits, certificates, notices, approvals and/or orders pertaining to life safety, fire control and fire hazards. Additionally, under section 208.11 of the Code, unless otherwise provided by law, annual fire safety inspections are required to be conducted by qualified inspectors of all buildings specified in the Florida Fire Prevention Code under the emergency services district jurisdiction. On March 6, 2018, the County Attorney's Office presented an agenda item to the Indian River County Board of County Commissioners (the `Board") concerning an ordinance being considered by the City of Sebastian (the "City") City Council (the "Council") that would establish an independent City Fire Marshall's Office that would have the same responsibilities as that of the Indian River County Fire Marshal's Office. The Board voted to oppose the ordinance. On March 14, 2018, after taking comments from the public, including testimony from the County Administrator, the Council voted to approve the ordinance. FA111orn, vKWM6F,VER4UB M4gnda AicnroACitvaJ.Sebnvm, rre 1k A.l ❑pdwr .d- 459 Board of County Commissioners March 22, 2018 Page Two The City is part of the Indian River County Emergency Services District and Chapter 208 of the Code governs the Indian River County Emergency Services District. The City is attempting to keep one foot in the Indian River County Emergency Services District and receive the benefits of fire protection, rescue services, basic and advanced life support services and other emergency services, while at the same time seeking independence from the Indian River County Emergency Services District with respect to the Fire Marshal's Office administration and enforcement powers. This appears to be inconsistent with Florida law. Section 633.118, Florida Statutes, limits the types • of entities that are authorized to enforce Chapter 633, Florida Statutes and the rules promulgated by the State Fire Marshal. Those include 1) the chiefs of county, municipal, and special -district fire service providers; 2) other fire service provider personnel designated by their respective chiefs; and 3) personnel designated by local governments having no organized fire service providers. Since the Indian River County Emergency Services District operates as an organized fire service provider within the City, the City does not have the authority to exercise such powers. The Indian River County Emergency Services District staff does not support this fracturing of the Indian River County Emergency Services District. The Indian River County Emergency Services District has a holistic view of emergencies, with both prevention and response critical aspects of the services provided. Now that the Council has approved the ordinance, despite the Board's opposition, the County Attorney's Office seeks direction on how the Board wishes to proceed. One option would be to utilize the Florida Governmental Conflict Resolution Act (the "Act") in order to see if the Indian River County Emergency Services District and the City would be able to resolve the differences between the two entities before any litigation is filed. In order to initiate the process set forth under the Act, the Board would need to adopt a resolution stating its intention to initiate the conflict resolution procedure. After the conflict resolution procedure has been initiated, a conflict assessment meeting is held. The County Administrator and the City Manager, or his designee, would attend the conflict assessment meeting. During the conflict assessment meeting, the governmental entities discuss the issues pertaining to the conflict and an assessment of the conflict from the perspective of each governmental entity involved. If the issues cannot be resolved during the conflict assessment meeting, the parties would conduct a joint public meeting and then mediation, if necessary. Per the Act, a facilitator may be utilized by the parties during the process. FUNDING. The costs of the conflict resolution process are to be split evenly between the parties. The funding for participating in the conflict resolution process will come from Account Number 114-120-033110. The County Attorney does not anticipate the conflict resolution process costing more than $3,000. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners direct County staff to draft a resolution initiating the conflict resolution procedure under the Florida Governmental Conflict Resolution Act. FAAU1ro W'd&GCNOZAL18rmAf—W upddffi.do - 460 April 3, 2018 ITEM 14.C.1 . INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 14, 2018 SUBJECT: Oslo Cemetery FROM: Susan Adams Commissioner, District 1 The Oslo Cemetery has burials dating back to the early 1900's and is the resting place for several Civil War veterans. In 1957, the State of Florida transferred to Indian River County, the ownership of a 1.2 acre parcel of land known as the Oslo Cemetery. The tract is located at the intersection of Old Dixie Highway and 3rd Street, SW (305 Old Dixie Highway) and had been used as a cemetery for at least sixty (60) years containing approximately forty (40) to fifty (50) graves. Rather than continue maintenance of the cemetery or open it up for burials, the Board of County Commissioners voted unanimously (4-0) to investigate the disposal of the cemetery in 1984. Approved and adopted by the Board of County Commissioners on April 23, 1986, the cemetery was sold to Jane Louise Gregory, accepting a bid of $5,000.00 (see attached Deed and Corrective Deed dated October 16, 1986), with the caveat that "provided always, however, that grantee hereby agrees that said property shall forever be used and maintained solely as a cemetery for the burial of deceased persons, and if this property is ever so not used, it shall automatically revert to the Grantor." In 2012, Oslo Cemetery, Inc. obtained the site of the Oslo Cemetery by Quit -Claim Deed (copy attached). Indian River County has recently received complaints from individuals unable to access the Oslo Cemetery to visit the gravesites of their deceased relatives, as well as available plot inquiries from family members of those currently buried in the Cemetery. 461 Attached is a copy of Florida Statute Chapter 497.263 regulating cemeteries. By letter dated December 12, 2017 (attached), County Attorney Reingold requested Oslo Cemetery, Inc., afford access to the property so people can visit the gravesites of their deceased relatives. To date, there has been no response. I would appreciate a discussion regarding the next steps to ensure Oslo Cemetery, Inc. adheres to Florida Laws and the rights of family members of those currently buried in the Oslo Cemetery are protected. Attachments: (1) Deed dated April 23, 1986 (2) Corrective Deed dated October 16, 1986 (3) 2012 Quit -Claim Deed (4) Florida Statute Chapter 497.263 (5) County Attorney Reingold letter dated December 12, 2017 462 INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this 23rd day of April, 1986, by INDIAN RIVER COUNTY, FLORIDA, party of the first part, and JANE LOUISE GREGORY, 608 W. Commercial, Victoria, TX 77901, party o.f the second part, WITNESSETH that the said party of the first part, for and in consideration of the awn of ONE DOLLAR to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, her heirs and assigns forever, the following described land lying and being in Indian River County, Florida: EXHIBIT "A" ATTACKED HERETO AND !LADE A PART HEREOF PROVIDED ALWAYS, HOWEVER, THAT GRANTOR HEREBY AGREES that said property shall forever be used and maintained solely as a cemetery for the burial of deceased persons, and, if this property is ever not so used, then it shall automatically revert to the Grantee. WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid, (O-*ficjf01 Seal) ,........... �5 l ttestm Le xp Wr g INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners By —; Don C. 5cUrlock, Jr Chairman : STATE OF FLORIDA D 4;' COUNTY OF INDIAN RIVERIt I HEREBY CERTIFY at on this day, before me, an officer duly authoriz in the State and County aforesaid to take acknowledgmen , personally appeared DON C. SCURLOCK, JR. and FREDA WRI T, well known to me to be the Chairman and Clerk to the Board of County Commissioners of Indian River .County, named as the grantor in the foregoing deed, and that they severally acknowledged executing the same under the authority vested in them by said Board and that the seal affixed thereto is the true seal of said Board' . E�IfSc. tary u c: F40TARY PUBLIC STA .O� fLORk7�.. BONOM THRU GENERAL INSURAW-11INDy MT COMMISSION EXPIRES JULY tt 1966 ^ T. - AMT. f 0•S. O. -.-..A O/ � C''Ot QI cW1 Coul pproved as to form and I at sufficie y n _ Char eS P. Vitunac County Attorney . 0735WE08 47- f re arrd by AVs docnnicnt w •ae p p and-L•ou'.L) bt,. retnrued to the Ccn—." A:.Ortncy'e office, lith 3 �;i;i: St., Fero 11-a:: . F:orilu 35:0 i. 463 It A parcel of lend lying in Section 24, Township 33 South, Ranga 39 East, Indian River County, Florida, described as �f follows: i That certain parcel of land bounded on the east by the westerly right of way line of Old Dixie Highway, on the north by the southerly right of way Iine of Third Street, ,s S.W.. on the west by the easterly right of way line of Sixth t Avenue, S.W., and on the south by the following described k' property: t� !I From the northwest corner of the southeast quarter of the II northeast quarter of Section 24 In Township 33 South of Range 39 East, run south 210 feet to the Point of Beginning; thence run east 389 feet, more or less, to the centerline of Old Dixie Highway; thence run south along the centerline of Old Dixie Highway 113 feet to a point; thence run west 429 feet to the west line of said southeast quarter of said northeast quarter; and thence run north 108 feet to the Point of Beginning; LESS, however, beginning at the northeast corner of the previously described parcel of land; thence N 390 33' 13" W. along the north line of said parcci, a distance of 133.11 feet: thence N 690 071 47" E. a distance of 124.00 feet to a point on the aforementioned westerly right of way .line of Old Dixie highway; thence S 200 52' 13" E, along said right of way line, a distance of 48.39 feet to the Point Beginning. 1.160 CD ha Arco EXHIBIT "A" is •t ;e f :s ss is i; t� I� It A parcel of lend lying in Section 24, Township 33 South, Ranga 39 East, Indian River County, Florida, described as �f follows: i That certain parcel of land bounded on the east by the westerly right of way line of Old Dixie Highway, on the north by the southerly right of way Iine of Third Street, ,s S.W.. on the west by the easterly right of way line of Sixth t Avenue, S.W., and on the south by the following described k' property: t� !I From the northwest corner of the southeast quarter of the II northeast quarter of Section 24 In Township 33 South of Range 39 East, run south 210 feet to the Point of Beginning; thence run east 389 feet, more or less, to the centerline of Old Dixie Highway; thence run south along the centerline of Old Dixie Highway 113 feet to a point; thence run west 429 feet to the west line of said southeast quarter of said northeast quarter; and thence run north 108 feet to the Point of Beginning; LESS, however, beginning at the northeast corner of the previously described parcel of land; thence N 390 33' 13" W. along the north line of said parcci, a distance of 133.11 feet: thence N 690 071 47" E. a distance of 124.00 feet to a point on the aforementioned westerly right of way .line of Old Dixie highway; thence S 200 52' 13" E, along said right of way line, a distance of 48.39 feet to the Point Beginning. 1.160 CD ha Arco EXHIBIT "A" 135FU€084•a, 464 s i ti 135FU€084•a, 464 s i 477468 1 0 / 8 6 (c pv) LEGAL (Vk ) CORRECTIVE DEED INDIAN R ORIDA of THIS DEED, made this 1�b day of Oqt 1986, by J INDIAN RIVER COUNTY, FLORIDA, party of the first part, and. JANE LOUISE GREGORY, 608 W. Commercial, Victoria, TX 77901, party of the second part, WITNESSETH that the said party of the first part, for and in consideration of the sum of ONE DOLLAR to it in hand paid by the party of the second part, receipt whereof Is hereby acknowledged, has granted, bargained and sold to the party of the second part, her heirs and assigns forever, the following described land lying and being in Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF THIS CORRECTIVE DEED IS BEING RECORDED TO CORRECT AN ERROR IN THE LEGAL DESCRIPTION IN THE DEED PREVIOUSLY RECORDED IN O.R. BOOK 735, PAGES 892 E 893, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PROVIDED ALWAYS, HOWEVER, THAT GRANTOR HEREBY AGREES that said property shall forever be used and maintained solely as a cemetery for the burial of deceased persons, and, if this property is ever not so used, then it shall automatically revert to the Grantee. WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. (Official Seal) Attest: • -Fr*--Aa rt i,- ere APPROVED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIO:7ERS 4/23/86 INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners By Don U7. 5CUrToCk. Jr. Chairman 5-0 f a Cccrt lisan iL.er i.;or,t - ty STATE OF FLORIDA COUNTY OF 1 ND I AN R I VER �! •G • /�"�^ .a,..t I HEREBY CERTIFY hat on this day, before me, an officer duly authorize in the State and County aforesaid to take acknowledgments personalty appeared DON C. SCURLOCK, JR. and FREDA WRI welt known to me to be the Chairman _ and Clerk to the Board of County Commissioners of Indian River County, named as the grantor in the foregoing deed. i Nder and that they severally acknowledged executing the same -1the authority vested in them by said Board and that Ci e seat affixed thereto is the true seal of said Board. Notary �1c A u- sone• rtwate sett OF no•tor O rr sss�oa u►. XOc 13.%M1s .' u in*ctrKsw les. too. s --i J ' `�;ate "c" dor ... t -t: ., :, pr --pared by a:.3 �' c-.-' I 3 r 4.0 465 A parcel. of land lying in Section 2.4, Township 33 South, Range 39 East, Indian River County, Florida, described as follows: That certain parcel of land bounded on the east by the westerly right of way line of Old Dixie Highway, on the north by the southerly right of way line of Third Street, S.W., on the west by the easterly right of way line of Sixth Avenue, S.W.; and on the south by the following described property: From the northwest corner of the southeast quarter. of the northeast quarter of Section 74 in Township 33 South of Range 39 East, run south 2.10 feet to the Point of Beginning; thence run east 389 feet,.more or less, to the centerline of Old Dixie Highway; thence run south along the centerline of Old Dixie Highway 113 feet to a point; thence run west 429 feet to the west line of said southeast quarter of said northeast quarter; and thence run north 108 feet to the Point of Beginning; LESS, however, beginning at the northeast corner of the previously described parcel of land;, thence N 891 33' 13" W, along the north line of said parcel, a distance of 133,.1; feet; thence N 690 07' 4711 E, a distance of 124.00 feet to a point on the aforementioned westerly right of way line of Old Dixie Highway; thence S 200 52' 13" E, along said right of way line, a distance of 48.39 feet to the Point of Beginning. EXHIBIT "A" 466 01) r- 19-4 22.14308 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2579 PG: 798, 05/30/2012 01:53 PM DOC STAMPS D $203.70 .'2:03.70 RS - Prepared by_ BURNEY J. CARTER, P.A. Post Office Box 780266 Sebastian, FL 32978-0266 When recorded return to: BURNEY J. CARTER, P.A. Post Office Box. 780266 Sebastian, FL 32978-0266 Parcel Identification Number: QUIT -CLAIM DEED 1. IDENTIFICATION OF GRANTOR Grantor's name and address is: JANE LOUISE GREGORY N/K/A JANE BENITEZ 320 East Broad Camilla, GA,31730 The word "I" or "me" as hereafter used means the Grantor. 2. IDENTIFICATION OF GRANTEE Grantee's name and address is: OSLO CEMETERY, INC. 6670.E. Indian Bend Road Paradise Valley, Arizona 85253 The word "you" as hereafter used means the Grantee. 3. MEANINGS OF TERMS The terms "I;" "me," ° You, " "grantor," and "grantee," shall be'non-gender specific ((I) masculine, (ii) feminine, or (iii) neuter, such as corporations, partnerships or trusts), singular or plural, as the context permits or requires, and include heirs, personal representatives, successors or assigns where applicable and permitted. , 4. DESCRIPTION OF REAL PROPERTY CONVEYED Property hereby conveyed (the "Real Property") is described as follows: A parcel of land lying in Section 24, Township 33 South, Range 39 East, Indian River County, Florida, described as follows: That certain parcel of land bounded on the East by the Westerly right of way line of Old Dixie Highway, on the North by the Southerly right of way line of Third Street, S.W., on the West by the Easterly right of way line of Sixth Avenue, S.W., and on the South by the following described property: 467 BK: 2579 PG: 799 From the Northwest corner of the Southeast quarter of the. Northeast quarter of Section 24 in Township 33 South of Range 39 East, run South 210 feet to the Point of Beginning; thence run East 389 feet, more or less, to the centerline of Old Dixie Highway; thence run South along the centerline of Old Dixie Highway 113 feet to a point; thence run West 429 feet to the West line of said Southeast quarter of said Northeast quarter; and thence run North 108 feet to the Point of Beginning; LESS, however, beginning at the Northeast corner of the previously described parcel of land; thence N 89 33` 13" W, along the North line of said parcel, a distance of 133.11 feet; thence N 69° 0747" E, a distance of 124.00 feet to a point on the aforementioned Westerly right of way line of Old Dixie Highway; thence S 20 ° 52' 13" E, along said right of way line, a distance of 48.39 feet to the Point of Beginning. PROVIDED ALWAYS, HOWEVER, THAT GRANTEE HEREBY AGREES that said property shall forever be used and maintained solely as a cemetery for the burial of deceased persons, and, if this property is ever not so used, then it shall automatically revert to the Grantor. . THE PROPERTY BEING CONVEYED HEREIN IS NOT AND NEVER HAS BEEN THE HOMESTEAD PROPERTY OF THE GRANTOR: S. CONSIDERATION Good and valuable consideration plus the sum of Ten Dollars ($10.00) received by me from you. 6. CONVEYANCE OF REAL PROPERTY For the consideration described in Paragraph 5,1 convey, remise (to give up a claim), and quit claim (transfer without warranty) to you any interest I may have in and to the Real Property. 7. NOT HOMESTEAD I represent and warrant that the Real Property is neither the homestead or residence of myself or a member of my family, nor is the Real Property adjacent to the homestead or residence of myself or a member of my family. Executed on , 2011. 3 a JOSE GREGOIer N/K/A JANE BENITEZ 320 East Broad Camilla, GA 31730 468 BK: 2579 PG: 800 Signed in the presence of: Signed in the presence of: n� -�� P,P itn s Signature 2"d Witness S gnature :jen n q s�a. I SA 1 f p 1 Witness Prhfted Name 2" Witness Printid. Name STATE OF GEORGIA_ COUNTY OF Mj f� The foregoing instrument was acknowledged before me this r day of J�x &,'-\ 2011, by JANE LOUISE GREGORY N/K/A JANE BENITEZ, who is personally known to me or has produced as i enf3ication. r0: pTARY .*4t Public - State o Gevr is :N+ra Printed Name: I?CT PV�L�-v Co s mission Number: !� ti + z lissionExpires: 7F '' APr. a01 �. ey�LL Cav�4 469 i Statutes & Constitution :View Statutes: Online Sunshine Select Year: 2017 v Go The 2017 Florida Statutes Page I of 3 Title XXXIII Chapter 497 View Entire REGULATION OF TRADE, COMMERCE, FUNERAL, CEMETERY, AND Chapter INVESTMENTS, AND SOLICITATIONS CONSUMER SERVICES 497.263 Cemetery companies; license required; licensure requirements and procedures.— (1) LICENSE REQUIRED.—No person may operate a cemetery without first obtaining a license under this section, unless specifically exempted from this chapter. (2) APPLICATION PROCEDURES.— (a) A person seeking a cemetery license under this section shall apply for such licensure using forms and procedures prescribed by rule. (b) The applicant shall be a corporation, a partnership, or a limited liability company. (c) The application shall require the name, principal place of business, date of formation, and federal tax identification number, of the applicant. (d) The application shall require such historical sketches and audited or unaudited financial statements concerning the applicant and each principal of the applicant, as the licensing authority may require by rule. (e) The application shall state any and all names under which the cemetery may do business if licensed, if different from the applicant's name. (f) The application shall state the exact location of the proposed cemetery. (g) The proposed cemetery must contain at least 30 contiguous acres. The application shall state the exact number of acres in the proposed cemetery. (h) The applicant must have a net worth of $50,000, as attested to by a sworn statement signed by all officers of the applicant. Such net worth must be continually maintained as a condition of licensure. (i) The application shall be accompanied by such description of the proposed financial structure of the cemetery as the licensing authority may require by rule. (j) The application shall be accompanied by a legal description of the cemetery. (k) The application shall be accompanied by such maps or surveys of the proposed cemetery, and maps showing the location of the proposed cemetery in the local area, as the licensing authority may require by rule, and the licensing authority may by rule require such maps or surveys: of the cemetery to be prepared by a licensed Florida professional surveyor. (t) The application shall include such description of the development plans for the proposed cemetery as the licensing authority may require by rule. (m) The applicant shall be required to make disclosure of the applicant's criminal records, if any, as required by s. 497.142. (n) The application shall require the applicant to disclose whether the applicant or any principal of the applicant has ever had a license or the authority to practice a profession or occupation refused, suspended, fined, denied, or otherwise acted against or disciplined by the licensing authority of any jurisdiction. The licensing authority may require by rule additional information to be provided 470 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=... 3/13/201$ Statutes &Constitution :View Statutes: Online Sunshine Page 2 of 3 concerning any affirmative answers. A licensing authority's acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license. The licensing authority may require by rule additional information to be provided concerning any affirmative answers. (o) The applicant shall submit fingerprints in accordance with s. 497.142. (p) The applicant shall demonstrate by clear and convincing evidence that the applicant has the ability, experience, financial stability, and integrity to operate a cemetery, and that its principals are of good character. (q) The application shall be signed in accordance with s. 497.141(12). (r) The application shall be accompanied by a nonrefundable application fee of $5,000. (s) The licensing authority may establish by rule requirements for the appearance before the licensing authority of the applicant and the applicant's principals, to stand for oral interview by the Licensing. authority at a public licensing authority meeting, before the application shall be deemed complete. (3) ACTION CONCERNING APPLICATIONS.—If the licensing authority finds that the applicant meets the criteria established in subsection (2), the applicant shall be notified that a license will be issued when all of the foltowing conditions are satisfied: (a) The establishment of a care and maintenance trust fund containing not less than $50,000 has been certified by a trust company operating pursuant to chapter 660, a state or national bank holding trust powers, or a savings and loan association holding trust powers as provided in s. 497.458, pursuant to a trust agreement approved by the licensing authority. The $50,000 required for the care and maintenance trust fund shall be over and above the $50,000 net worth required by subsection (2). (b) The applicant files with the licensing authority an opinion or certification from a Florida attorney in good standing, or a Florida title company, in a form acceptable to the licensing authority, that the applicant holds unencumbered fee simple title to all land identified in the application. (c) The applicant obtains approval of the local zoning authorities regarding the cemetery, and files with the licensing authority evidence satisfactory to the licensing authority of such approval, or if no approval by local zoning authorities is required, such approval of residents adjacent to the proposed cemetery as the licensing authority may require by rule. (d) The licensing authority determines that the applicant has designated as general manager of the cemetery a person of integrity, who has 3 years of cemetery management experience as defined by rule of the licensing authority, and who has the ability to operate a cemetery. (e) Evidence satisfactory to the licensing authority that the applicant has fully developed not less than 2 acres for use as burial space, such development to include a paved road from a public roadway to the developed section. (f) Regarding the cemetery land identified in the application, the applicant has recorded, and provides the licensing authority with a written attestation of such recording signed by a licensed Florida attorney, in the public records of real estate in the county in which the cemetery land is located, a notice which contains the following language: NOTICE The property described herein shalt not be sold, conveyed, leased, mortgaged, or encumbered without the prior written approval of the Department of Financial Services, as provided in Chapter 497, Florida Statutes. 471 http://www.leg.state.fl.us/statutes/index.cfin?App mode=Display_Statute&Search_String=... 3/13/2018 Statutes & .Constitution :View Statutes : Online Sunshine Page 3 of 3. Such notice shall be clearly printed in boldfaced type of not less than 10 points and may be included on the face of the deed of conveyance to.the licensee or may be contained in a separate recorded instrument which contains a description of the property. (4) ISSUANCE OF LICENSE.—There shall be issued a license to operate a cemetery company to any applicant who., within 12 months after notice that a license may be issued; meets the criteria of subsection (3). The licensing authority may, for good cause shown, grant up to two extensions of the 12 - month period within which the applicant must meet the criteria of subsection (3). History.—s. 4, ch. 59363; s. 1; ch. 63-324; s. 2, ch. 65-288; ss. 12, 35, ch. 69-106; s.,3, ch. 72-78; s. 141, ch. 73-333; s..3, ch. 76-168; s. 3, ch. 76-251; s. 1, ch. 77-457; s. 7, ch. 78-95; s, 1, ch. 78-369; s. 1, ch. 78-407; ss. 5, 39; 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 3, ch. 85-202; ss. 1, 4, ch. 87-39; s. 1, ch. 89-8; ss. 59,122, ch. 93-399; s. 3, ch. 2001-120; s. 558, ch. 2003- 261; s. 45, ch. 2004-301; s. 23, ch. 2005-155. Note.—Former s. 559.33; s. 497.006; s. 497.201. Copyright O 1995-2018 The Florida Legislature • Privacy Statement • .Contact Us 1 472 http://wwtiv.leg.state.fl.us/statutes/index.cfm?App_ node=Display_Statute&Search_String--.,. 3%13/2018 Statutes & Constitution :View Statutes: Online Sunshine Page 1 of l Select Year: 2017 Go The 2017 Florida Statutes Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS 497.285 Inactive cemeteries.— Chapter 497 View Entire FUNERAL, CEMETERY, AND Chapter CONSUMER SERVICES (1) A licensee shall be considered inactive upon the acceptance of the surrender of its license by the department or upon the nonreceipt by the department of the. license renewal fees required by s. 497.265. (2) A cemetery licensee licensed to engage in preneed sales shall cease all preneed sales to the public upon becoming inactive in regard to its cemetery license. At -need sales to the. public shall cease within 30 days after becoming inactive. (3) Any licensee desiring to surrender its license to the department shall first: (a) File notice with the department. (b) Submit copies of its existing trust agreements. (c) Resolve to the department's satisfaction all findings and violations resulting from the last. examination conducted. (d) Pay all outstanding fines and .invoices due the department. (e) Submit its current license. (4) Upon receipt of the notice, the department shall review the licensee's: (a) Trust funds. (b) Trust agreements. (c) Care and maintenance of the cemetery grounds. (5) After a review to the department's satisfaction, the department shall terminate the license. (6)(a) The care and maintenance trust fund of a licensee shall be held intact and in trust after the licensee has become inactive, and funds in that trust fund shalt be disbursed to the cemetery on a regular basis for the upkeep of the grounds. (b) The merchandise trust fund of a licensee shalt be held intact and in trust after the licensee has become inactive, and the funds in that trust fund shalt be disbursed in accordance with the requirements of the written contracts until the fund has been exhausted. History.—s: 85, ch. 93-399; s. 66, ch. 2004.301. Note.—Former s. 497.349. Copyright ©1995-2018 The Florida Legislature • Privacy Statement • Contact Us 473 h. p://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App... 3/13/2018 Ronald E. Meadows March 29, 2018 397 Rhody Creek Loop Stuart, Virginia 24171 Susan Adams, Commissioner, District 1 Indian River County Board of County Commissioners Vero Beach, Florida ITEM 14.C.1 Dear Ms. Adams: The purpose of this letter is to bring awareness to the profound need for the caretakers of Oslo Cemetery to open the gates and allow access and burial rights to the families of loved ones interred there. I was born in 1936 in Vero Beach. My twin, Donald L. Meadows, was born thirty-five minutes before I was. We shared only one hour of life together before Donald passed away. For as long as I can remember, I have wanted my final resting place to be next to my twin. Mr. Oscar Fultz knew my father, Raymond Meadows. Mr. Fultz made arrangements for Donald to be buried in Oslo Cemetery. Since 1987 1 have been trying to get permission from the Gregory family to purchase a plot of land near my brother's grave. My efforts were unsuccessful. On April 10, 1988 1 spoke with Mrs. Jane Louise Gregory on the phone. I tried to express to her my heartfelt wish to be near my twin. After she moved to Camilla, Georgia, I contacted her again, to no avail. In 2008 1 mailed Mrs. Gregory a plot plan of the Oslo Cemetery and a boundary survey dated 5/26/87. The survey lists all burial sites in the cemetery. I have copies of these documents should you need them. I also have a list of all of the people buried in Oslo Cemetery—as best as could be determined. I shared all of this documentation with Mrs. Gregory in hopes that she would allow me access. During our last phone conversation, Mrs. Gregory told me she was no longer going to be involved with the cemetery. She had plans to give it to her son. Oslo would soon be a corporation and closed to the public. Sometime later we were able to reach her son. He flatly refused to negotiate or even listen to any facts about granting permission for family members to be buried at Oslo. Thank you, Ms. Adams for your attempts to draw attention to this matter. The commissioners are in a position to grant peace and closure to those families who want only the right to honor those loved ones buried in Oslo. Sincerely, Ronald E. Meadows Misty Pursel From: Karen Fedick <klfedick@yahoo.com> 1 4C 1 Addl backup Sent: Monday, April 02, 2018 1:15 PM To: Susan Adams Subject: Oslo Cemetery ; My name is Karen Roberts Fedick and I am writing to support taking back the Oslo Cemetery. I too am a native of Vero Beach as are many family members on both my fathers and mothers side. My aunt, Freida Wright, was the Clerk of the Court for many years- My fathers family- ROBERTS, originally settled on John's Island and I have relatives buried in that cemetery. It is such a wonderful thing to be able to visit and see the graves of members of my fathers family. On my mothers side, BRINSON, it is my mother's cousin Betty Fultz Pratt that is being denied the right to be buried with other family members. It is so sad that not everybody shares in the God given blessings of family, community and the beautiful love of this community that so many families have shared for so many years. Please count this letter of support for fight to take back what rightfully belongs to us. Thank you - BARD OF COUNTY COMMISSIONERS OFFICE OF CO UNTYAT OWNEY Dylan R. Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt-Cotner, Assistant County Attorney December 12, 2017 Oslo Cemetery, Inc. 6670. E. Indian Bend Rd. Paradise Valley, AZ 85253 To whom it may concern: In 2012, Oslo Cemetery, Inc. obtained property located at 305 Old Dixie Highway in Vero Beach, Florida, the site of the.Oslo Cemetery. The Oslo Cemetery has had burials on the property ever since the early 1900's and contains 40 to 50 gravesites. I want you to know that Indian River County has received complaints that individuals are unable to access the Oslo Cemetery. I respectfully request that Oslo Cemetery, Inc. afford access to the property so people can visit the gravesites of their deceased relatives. I also want you to be aware that there are state regulations in Florida that govern cemeteries. I would be happy to discuss this issue with you. I. can be reached at 772>226-1427 or at dreing6ld@ircgov.com. Sincerely, f Dylan Reingold County Attorney Indian River County cc: Jason E. Brown, County Administrator Indian River County Board of County Commissioners 1801 271h Street, Vero Beach, Florida 32960-3365• (772) 226-1424• Fax (772) 569-4317 474 April 3, 2018 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 23, 2018 SUBJECT: Discussion on Information regarding Takeover of Indian River Medical Center by Cleveland Clinic FROM: Tim Zorc Commissioner, District 3 Discussion Item: I would like to discuss issues concerning the takeover of the Indian River Medical Center by Cleveland Clinic, specifically those related to Indigent Care and the long- term, 20 year plan to continue to provide such care to the residents of Indian River County. 475 April 3, 2018 ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 23, 2018 SUBJECT: Discussion and Action Request— Discussion on Florida Housing Coalition State and Local Housing Trust Funds FROM: Tim Zorc Commissioner, District 3 Discussion Item: I would like to discuss adding, the funding for the State Housing Initiatives Partnership (SHIP) Program to the Legislative Priority list for next year's legislative session. As seen on the attached budget document, the Florida Legislature has removed over $2 billion in funding historically from the Florida State and Local Housing Trust Funds for other initiatives. This money could provide a significant benefit to those who are indigent and in need of housing. Attached: Historical Summary: Florida's State andr Local Housing Trust Funds 476 c O w o '3 .N O L CL J Q. O as O w ayi V O Q a c V d 04 = O E od mQ*' N q�N "%�coN 0 O J E�Q. N N O N -0U JN 2NN�J C O C 2_! 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IY NN d in m M {§ tD V +H " W & m C!1 O O 23 ;Ot O N O q' O Ut Vt ct O O a7 N N Ln tf OQ Qi �G d to h [t H r't GO N Uqi sf Q� H Q 0� O N O ref N v1f G? Ut �D O C1Y inn h C? h h tC 00 prp4 W O q�11i 00) M p tNU to W �p}� O v 14 H ri .-1 .-1 nl N N N tl w M tt Ln h w r r -i N M to �^. iT O H N u to ~U h ap �IMmm�ns��dgQ�QaaaQaQ� N N N N N N N N N N N NN N N N N N N QHt M m d m V1 m tP Ol h O O4 m 61 Ol HqqOpp N M p�r+1 t-1 N N H 1-4 to +-i w 1-4 h W CW 0 m !T 0 O d O O a O W H ♦-1 W H N N N N N N N N N N N N N N N N N N 16A DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director of Emergency Services FROM: Cory Richter, Battalion Chief Department of Emergency Services Fire Rescue DATE: March 15, 2018 SUBJECT: Sole Source Purchase of Four (4) Stryker Power -Pro XT Stretchers It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting. DESCRIPTIONS AND CONDITIONS. On September 12, 2017, the Board declared Stryker as the sole source vendor for Stretchers. Staff is preparing to replace four (4) Stryker stretchers that have reached their end of life with Stryker Power - Pro XT Stretchers. Staff has obtained price quotes for the proposed replacement of four (4) stretchers that are currently assigned to ambulances, which includes a trade in discount of four (4) older units. Staff recommends that the Board of County Commissioners declare asset numbers 25458, 25459, 25462, and 25457 as surplus and authorize their trade in for an $8,000.00 discount on thepurchase of the new stretchers. These replacement units are in the FY 2017/2018 Approved Budget. This is the 2°a year in a 4 year replacement program to ensure that fiscal responsibility is obtained throughout the process. FUNDING: Funding for the four (4) Stryker Power -Pro XT Stretchers are available in the FY 2017/2018 capital budget from the Emergency Services District Funds as follows: ITEMAMOUNT ACCOUNT NUMBER Four (4) Stryker Stretchers 1 $70,446.88 1 11412022-066490 RECOMMENDATION: Staff recommends the Board declare asset numbers 25458, 25459, 25462, and 25457 as surplus, authorize their trade in and approve the sole source purchase of four (4) Stryker Power -Pro XT Stretchers. ATTACHMENTS: 1. Price Quote from Stryker 2. Sole Source letter from Stryker 479 Customer Contact Ref Number Date PO Number Reference Field Quote Type 6269166 01/11/2018 QUOTE BUDGET QUOTE Line Quantity Item Description strIv ker° Part # Comprehensive Quotation Sales Account Manager Item Comments Remit to: TODD TAYLOR 6606000000 Stryker Medical todd.taylor@stryker.com P.O. Box 93308 Cell: 407-415-5058. Chicago, IL 60673-3308 End User Shipping Address Shipping Address Billing Address 1182350 1182350 1109857 INDIAN RIVER COUNTY EMS INDIAN RIVER COUNTY EMS INDIAN RIVER CNTY FIRE DIST EMS 3620 49TH ST 3620 49TH ST 1800 27TH ST VERO BEACH, FL 32967-6305 VERO BEACH, FL 32967-6305 BLDG B Dual Wheel Lock 6086602010 VERO BEACH, FL 32960-3365 Customer Contact Ref Number Date PO Number Reference Field Quote Type 6269166 01/11/2018 QUOTE BUDGET QUOTE Line Quantity Item Description $0.00 Part # Unit Price Extended Price Item Comments 1A0 4 Power -PRO XT 6606000000 $17,611.72 $70,446.88 Options 4 Power -PRO XT 6506000000 $19,611.72 $78,446.88 4 Dual Wheel Lock 6086602010 4 PR Cot Retaining Post 6085033000 4 Power Pro Standard Components 6506026000 4 XPS Option 6506040000 4 No Ruhner/HE 02 0054200994 4 Equipment Hook 6500147000 r ' f! 4 6506 PWR-LOAD/PERF-LOAD OPTION 6506034002 4 Knee-Gatch/rrendelenburg 6500082000 4 No HE Section 02 Bottle 6506036000 4 Base Storage Net 6500160000 4 Pocketed Back Rest Pouch 6500130000 4 Head End Storage Flat 6500128000 , ` 4 Fowler 02 Bottle Holder 6500241000 { 4 English Manual 6506600000`:' 4 120V AC SMRT Charging Kit :6500028000 ` 4 J Hook `i6002036018 4 XPS Knee Gatch Bolster Matrss ; ,65110003130 4 Steer Lock Option 1506038000 4 3 YR X -Frame Powertrain Wmtyr it - 7777881669 4 2 Yr Bumper to Bumper ,..` - 7777881670 4 /Wairanty DOM SHIP (NOT HI, AK, PR GM) 0054030000 4 3 Stage IV Pole PR Option,.; . 6500315000 4 X -RESTRAINT PACKAGE--- ' 6500001430 4 STANDARD FOWLER.. 6506012003 4 Discount i'-' 9999999912 ($2,000.00) ($8,000.00) Product Total $70,446.88 Freight $0.00 Tax $0.00 Total Incl Tax & Freight $70,446.88 r Signature: Title/Position: Date: Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval: Legal documentation pgtbbe signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. L{� Page 1 of 2 stryker° Comprehensive Quotation Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker's prior written approval, except as may be requested by law or by lawful order of any applicable government agency. Terms: Net 30 Days. FOB origin. A copy of Stryker Medical's standard terms and conditions can be obtained by calling Stryker Medical's Customer Service at 1 -800 -STRYKER. Cancellation and Return Policy: In the event of damaged or defective shipments, please notify Stryker within 30 days and we will remedy the situation. Cancellation of orders must be received 30 days prior to the agreed upon delivery date. If the order is cancelled within the 30 day window, a fee of 25% of the total purchase order price and return shipping charges will apply. 481 Page 2 of 2 Sam Bossley Associate Marketing Manager — EMS 3800 E. Centre Ave. Portage, MI 49002 t: 269 389 6628 sam.bossley@stryker.com Date: January, 2017 Re: Power -PRO XT Ambulance Cot Sole Source Information To Whom It May Concern, stryker° Medical Stryker Medical certifies that we are the sole manufacturer of the Stryker EMS Power -PRO XT (Model 6506). This correspondence is to inform you of the unique characteristics of the Power -PRO XT Ambulance Cot. These characteristics can be broken down into two primary categories: Independent Qualification, and Ease of Use and Maintenance. Independent Oualification • IPX6: The system is rated to withstand powerful water jets. • IEC 60601-1 and IEC 60601-1-2: This certification indicates that Power -PRO conforms to industry standards for mechanical and electrical safety for medical electrical devices, as well as electromagnetic compatibility and immunity. • BS EN -1789 clause 4.5.9: This is a European dynamic crash test which subjects a 50th percentile dummy to a nominal lOg deceleration for a minimum of 50ms. Following the test there shall be no sharp edges or danger to the safety of persons in the road ambulance. Ease of Use and Maintenance • The cot has a weight capacity of 700lbs. • When unloading with the manual release handle, the cot utilizes hydraulic dampening. Thus, the cot will not abruptly jar the operator or the patient. • The battery is placed at the foot -end of the stretcher. • The cot legs power -retract in 2.4 seconds which speeds load times. • The cot provides the highest possible load height of any cot on the market at 36" and is operator adjustable to match the deck height of individual ambulances. • The foot -end of the cot provides lifting bars and operator controls at two different heights, thus providing optimum ergonomics to most operator heights. • The foot -end of the cot contains a large battery indicator light which displays amber or green which indicates battery level. A warning is given by a flashing amber light, providing the operator the time to change the battery before full depletion of power. • The Model 6506 has 6" x 2" sealed bearing casters — the largest in the industry. • The cot features a foot -end -mounted hourly usage meter. This is an easy tool to determine the timing of preventative maintenance checks. Only conforms when used with Power -LOAD (model 6390).. 482 The cot features powder -coating of the entire aluminum frame (including the patient handling surfaces), thus eliminating aluminum oxidation throughout the cot. All caster bearings are sealed, eliminating timely and costly lubrication. • The cot is power -washable. Please forward any further questions to your Stryker sales representative. Sincerely, Sam Bossley 483