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HomeMy WebLinkAbout05/15/2018I BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MAY 15, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.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 2.11. INVOCATION Pastor Chris Kollmann, Lutheran Church of the Redeemer 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Recognizing May 13 Through 19, 2018 as National Police Week 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Employment Report for March 2018 7.11. Veterans Council of Indian River County Veterans Outreach Golf Tournament June 16, 2018 8. CONSENT AGENDA May 15, 2018 Page 1 of 4 8.A. Checks and Electronic Payments April 27, 2018 to May 3, 2018 8.B. Quarterly Investment Report for the Quarter Ending 03/31/18 8.C. Quarterly OPEB Trust Report for the Quarter Ending 03/31/18 8.D. Quarterly Tourist Development Tax Report for the Quarter Ending 03/31/18 8.E. Request for Purchase Order Increase for Pete's Concrete for Sidewalk and Driveway Repairs 8.F. Award of Bid No. 2018043 43rd Avenue Bridge over IRFWCD South Relief Canal Railing Repair, IRC -1523 8.G. Final Ranking of Firms for RFP 2018040 - Management and Operations of Indian River County Transit Services 8.H. Work Order No. 1 with Schulke, Bittle & Stoddard, LLC, for Design, Procurement and Construction Administration to Rehabilitate/Re-construct the Blower Building at the West Regional Wastewater Treatment Plant 8.I. D. R. Horton, Inc.'s Request for Final Plat Approval for Pointe West East Village Phase 2A [PD -17-02-01 / 99070081-80228] 8.J. DiVosta Homes, LP's Request for Final Plat Approval for The Lakes at Waterway Village PODs S & T [PD -16-12-07 / 2004010124-80445] 8.K. Submittal of Florida Department of Economic Opportunity Grant FYI 8/19 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1 Local Option Gas Tax Distribution Percentages B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for May 22, 2018 to Consider Amending Chapter 103 (Commissions and Boards) of the Code of Indian River County to Establish Higher Fine Limits for Certain Code Violations - LEGISLATIVE 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services May 15, 2018 Page 2 of 4 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Fifth Amendment to Interlocal Agreement with Palm Beach County Health Facilities Authority for Financing and Refinancing for Improvements and Additions of Facilities 13.B. Permission to File an Injunction Against Dallas Yates, Jane Yates, and The Yates Group, LLC. 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Appointment to Advisory Group for St. Sebastian Preserve State Park B. Commissioner Bob Solari, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT May 15, 2018 Page 3 of 4 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.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission 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. May 15, 2018 Page 4 of 4 SA PROCLAMATION RECOGNIZING MAY 13 THROUGH 19, 2018 AS NATIONAL POLICE WEEK WHEREAS, there are more than 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Indian River County Sheriffs Office and Indian River County municipal police departments; and WHEREAS, in 1962, President John F. Kennedy signed a proclamation which designated May 15th as National Peace Officers Memorial Day and the week in which that date falls as National Police Week; and WHEREAS, on average, one law enforcement officer is killed in the line of duty somewhere in the United States every 61 hours. Since the first known line -of -duty death in 1791, more than 20,000 U.S. law enforcement officers have made the ultimate sacrifice; and WHEREAS, over the past decade (2007-2017) the average annual number of officer fatalities has been 151. 135 law enforcement officers died in the line of duty in 2017; and WHEREAS, the National Law Enforcement Officers Memorial Fund honors and remembers those recently fallen law enforcement officers who have paid the ultimate price and given their lives to protect and serve; and WHEREAS, the service and sacrifice of all officers killed in the line of duty were honored during a Wreath Placement Ceremony on the morning of May 14 at the Indian River County Courthouse. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that May 13-19, 2018 is recognized as National Police Week in honor of the service of law enforcement officers in our community and communities across the nation, and May 15 is recognized as Peace Officers Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at Half -Staff. Adopted this 15th day of May, 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 CareerSource EMPLOYMENT REPORT .' RESEARCH COAST April 20, 201$ The unemployment rate in the CareerSource Research`Coast region,, Indian River, Martin, and St. Lucie counties was 4.3% in March 2018. This rate was 0A percentage, point lower than the region's year ago rate of 4.7%.The labor force was 277;652, up 2,433 over the year. There ,were 11,830 unemployed residents in the region. ST. LUCIE MARTIN INDIAN RIVER COUNTY COUNTY COUNTY 4.6% 3.6% 4.3% The majority of the nonagricultural employment.in the CareerSource Research Coast area was in the Port St Lucie metro area. This metro area accounted for 147,200 jobs in February 2018, an increase of 1,800 jobs from February 2017, (+1:2 percent). The industries gaining in jobs over the year were: education and health services (+800 jobs); trade, transportation,,and utilities (+400 jobs); professional and business services (+300 jobs); leisure and hospitality (+300 jobs); and government (+100 jobs). , The mining, logging, and construction; manufacturing; financial activities; and other services industries were unchanged over the year. The Sebastian -Vero Beach Metro Area February 2018 nonagricultural employment in the Sebastian -Vera Beach MSA was 52,400, an increase'of 400 jobs (+0.8 percent) overthe year. The industries gaining in jobs over the year were: leisure.and hospitality (+500 jobs); financial activities (+100 jobs); and other services (+100 jobs). The mining, logging, and construction; manufacturing;` trade, transportation, and utilities; information; and.government industries were unchanged over the year. The Sebastian -Veto Beach MSA had,the fastest annual job growth rate compared to all the metro areas in the state in other services (+37 percent) in February 2018. k' 337 76 Veterians=eCouncikof. In=dian .Riv erCoun VteralOutreachty 1111, . .. . .. . .. . .. . .. . .. . .. . 11 X v4i� Satuirda7, une R 6th 20 R Ifft"Nim- Sandridge Golf Club '' 5300 73rd St., Vero Beach [mold III] I M4 (01 cc , M -TIN ENTRY -FEE INCLUDES: GREEN FEES, CART -LUNCH A' AWARD JKM Veterans Council of Indian River County, Inc. India. n'sC° ,°ii Annual Veterans Outreach Golf Tournament Indian Rivfer County �n n n SPONSORSHIP AND ENTRY FORM Date: June 16, 2018 Time: 7am Registration, 8am Shotgun start — Scramble format Lunch and Awards immediately following Place: Sandridge Golf Club, 5300 73rd St., Vero Beach, FL SPONSORSHIP I/We would like to be a Sponsor: _ Tournament Sponsor $2500 (includes 3 teams, large banner, 3 hole signs, identified in all publicity and media interviews) _ Silver Sponsor $1000 (includes 2 teams, banner, 2 hole signs, identified in press releases) _ Bronze Sponsor $500 —Hole Sponsor $100 (includes 1 team, 1 hole sign) _ Sponsor a Veteran golfer $65 _ Gift Certificate Name Telephone Email ENTRY FORM Fee: $65 per golfer (includes Green Fees for 18 holes, Cart, Lunch & Awards) Name Telephone Email Team Member's Names (and email for event notifications) Player 2 Player 3 Player 4 Questions: Contact Mary at 772-299-8736 or email vetsgolftourney@gmail.com Checks payable to: Veterans Council of Indian River County Mail to: Veterans Council IRC, PO Box 1354, Vero Beach, FL 32961 The Veterans Council IRC is a 501(C)(3) non-profit. Proceeds will support the purchase of new buses to transport Veterans to the West Palm Beach VA Hospital. 4 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OECOUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 3, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS April 27, 2018 to May 3, 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 Comptroller's office, for the time period of April 27, 2018 to May 3, 2018. 5 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 366629 04/27/2018 ECOTECH CONSULTANTS INC 2,667.00 366630 04/27/2018 GREENE INVESTMENT PARTNERSHIP LTD 3,772.96 366631 04/27/2018 INDIAN RIVER COUNTY HEALTH DEPT 52,747.50 366632 04/27/2018 MEDICAL EXAMINERS OFFICE 35,224.16 366633 04/27/2018 VICTIM ASSISTANCE PROGRAM 51532.66 366634 04/27/2018 ROGER J NICOSIA 1,500.00 366635 04/27/2018 CITY OF VERO BEACH 989.80 366636 04/27/2018 CITY OF VERO BEACH. 2,108.02 366637 04/27/2018 CITY OF VERO BEACH 11,787.50 366638 04/27/2018 FEDERAL EXPRESS CORP 70.92 366639 04/27/2018 FLORIDA POWER AND LIGHT 753.81 366640 04/27/2018 FLORIDA POWER AND LIGHT 19.844.99 366641 04/27/2018 G K ENVIRONMENTAL INC 3,_900.00 366642 05/01/2018 ORANGE COUNTY HOUSING R C D 652.08 366643 05/01/2018 VERO BEACH EDGEWOOD PLACE LP 524.00 366644 05/01/2018 GRACES LANDING LTD 8,789.00 366645 05/01/2018 LINDSEY GARDENS LTD 5,390.00 366646 05/01/2018 BRYAN D B.LAIS 343.00 366647 05/01/2018 WILLIE C REAGAN 445.00 366648 05/01/2018 RIVER PARK ASSOCIATES LIMITED 14,519.00 366649 05/01/2018 CREATIVE CHOICE HOMES XVI LTD 11,_770.00 366650 05/01/2018 DAVID YORK 501.00 366651 05/01/2018 ST FRANCIS MANOR OF VERO BEACH 268.00 366652 05/01/2018 CITY OF VERO BEACH 61.00 366653 05/01/2018 TREASURE COAST HOMELESS SERVICES 831.00 366654 05/01/2018 FLORIDA POWER AND LIGHT 106.00 366655 05/01/2018 VENETIAN APARTMENTS OF VERO BEACH 390.00 366656 05/01/2018 PINNACLE GROVE LTD 6,993.00 366657 05/01/2018 VERO CLUB PARTNERS LTD 10,272.00 366658 05/01/2018 DAVID SPARKS 378.00 366659 05/01/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 116.00 366660 05/01/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 370.00 366661 05/01/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 417.00 366662 05/01/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 560.00 366663 05/01/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 567.00 366664 05/01/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 1,193.00 366665 05/01/2018 CRAIG MERRILL 1,319.00 366666 05/01/2018 CHRISTINE SALTER 483.00 366667 05/01/2018 HAGGERTY FAMILY LTD 369.00 366668 05/01/2018 SUNQUEST INC 4,413.00 366669 05/01/2018 THE PALMS AT VERO BEACH 13.093.00 366670 05/01/2018 FELLSMERE COMM ENRICHMENT PROGRAM INC 532.00 366671 05/01/2018 DAVID CONDON 632.00 366672 05/01/2018 HILARY MCIVOR 664.00 366673 05/01/2018 PAULA LANE 450.00 366674 05/01/2018 PELICAN ISLES LP 7,889.00 366675 05/01/2018 KATE TYSON LYONS 334.00 366676 05/01/2018 SUNCOAST REALTY & RENTAL MGMT LLC 3,228.00 366677 05/01/2018 OAK RIVER PROPERTIES INC 248.00 366678 05101/2018 SOLARISE VILLAS LTD 1,754.00 366679 05/01/2018 A.DWAGOL:DMAN 542.00 366680 05/01/2018 INDIAN RIVER RDA LP 5,051.00 366681 05/01/2018 RICHARD LDAVENPORT 494.00 366682 05/01/2018 GEORGE THUYNS 565.00 366683 05/01/2018 LAZY I.LC 1,347.00 366684 05/01/2018 SYLVIA.MCNEILL 719.00 366685 05/01/2018 SKOKIE HOLDINGS INC 426.00 366686 05/01/2018 ROGER WINSLOW 492.00 6 TRAINS NBR DATE VENDOR AMOUNT 366687 05/01/2018 OSLO VALLEY PROPERTIES INC 185.00 366688 05101/2018 SAID S MOOBARK 1,317.00 366689 05/01/2018 LINDSEY GARDENS II LTD 5,659.00 366690 05/01/2018 ANTHONY ARROYO 683.00 366691 05/01/2018 AHS HOLDINGS GROUP LLC 2,751.00 366692 05/01/2018 DANIEL CORY MARTIN 732.00 366693 05/01/2018 YVONNE KOUTSOFTOS 54.00 366694 05/01/2018 ALAN R TOKAR 613.00 366695 05/01/2018 VERO BEACH VILLAS I LLC 462.00 366696 05/01/2018 BRIAN E GALLAGHER 540.00 366697 05/01/2018 HOUSING AUTHORITY 767.08 366698 05/01/2018 STEPHANIE WATCHEK FOUNTAIN TRUST 162.00 366699 05/01/2018 SCOT WI.LKE 501.00 366700 05/01/2018 THEODORE BARTOSIEWICZ 505.00 366701 05/0.1/2018 FOUNDATION FOR AFFORDABLE RENTAL 20,653.00 366702 05/01/2018 RICHARD KUSSEROW 469.00 366703 05/01/2018 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY lI` 469.00 366704 05/01/2018 SONRISE VILLAS 11 LLC 601.00 366705 05/01/2018 JOHN T STANLEY 782.00 366706 05/01/2018 CSMA SFR HOLDINGS II -LLC 582.00 366707 05/01/2018 WEDGEWOOD RENTALS LLC 1,575.00 366708 05/01/2018 ALMA LUCKETT 852.00 366709 05/01/2018 LIVE OAKS REALTY INC 571.00 366710 05101/2018 IBIS GARDENS APTS LLC 475.00 366711 05/0112018 MCLAUG.HLIN PROPERTIES LLC 892.00 366712 05/01/2018 JOYCE BODANZA 593.00 366713 05/01/2018 MYRIAM MELENDEZ 460.00 366714 05/01/2018 WATSON REALTY GROUP 3,719.00 366715 05/03/2018 PORT CONSOLIDATED INC 2,144.02 366716 05/03/2018 JORDAN MOWER INC 3,501.59 366717 05/03/2018 COMMUNICATIONS INTERNATIONAL 2,603.40 366718 05/03/2018 LENGEMANN CORP 3.091.70 366719 05/03/2018 TEN -8 FIRE EQUIPMENT INC 1,633.15 366720 05/03/2018 RANGER CONSTRUCTION IND INC 428.84 366721 05/03/2018 FISHER SCIENTIFIC COMPANY LLC 3.018.75 366722 05/03/2018 VERO CHEMICAL DISTRIBUTORS INC 46.55 366723 05/03/2018 RICOH USA INC 108.00 366724 05/03/2018 VELD.E FORD INC 842.75 366725 05/03/2018 SAFETY PRODUCTS INC 1,326.90 366726 05/03/2018 DATA FLOW SYSTEMS INC 2,760.37 366727 05/03/2018 SEWELL HARDWARE CO INC 65.47 366728 05/03/201.8 DELTA SUPPLY CO 156.76 366729 05/03/2018 E -Z BREW COFFEE & BOTTLE WATER SVC 37.44 366730 05/03/2018 GRAINGER 361.52 366731 05/03/2018 SAFETY KL.EEN SYSTEMS INC 625.89 366732 05/03/2018 MY RECEPTIONIST INC 275.67 366733 05/03/2018 CHANDLER EQUIPMENT CO INC 358.00 366734 05/03/2018 HACH CO 573.35 366735 05/03/2018 LFI FORT PIERCE INC 506.25 366736 05/03/2018 CLIFF BERRY INC 205.00 366737 05/03/2018 PHYSIO CONTROL INC 1,805.40 366738 05/03/2018 ALLIED ELECTRONICS INC 2.804.69 366739 05/03/2018 DEEP SIX DIVE SHOP INC 747.56 366740 05/0.3/2018 BOUND TREE MEDICAL LLC 3.462.72 366741 05/03/2018 VERO INDUSTRIAL SUPPLY INC 982.88 366742 05/03/2018 CARTER ASSOCIATES INC 3,135.00 366743 05/03/2018 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,500.00 366744 05/03/2018 BAKER & TAYLOR INC 2.852.46 366745 05/03/2018 BRANDTS APPLIANCE SERVICE INC 67.35 366746 05/03/2018 MIDWEST TAPE LLC 369.49 7 TRANS NBR DATE VENDOR AMOUNT 366747 05/03/2018 NORTHERN SAFETY CO INC 30.84 366748 05/03/2018 MTCROMARKETING LLC 807.37 366749 05/03/2018 K & M ELECTRIC SUPPLY 80..18 366750 05/03/2018 BAKER DISTRIBUTING CO LLC 1.251.63 366751 05/03/2018 CENGAGE LEARNING INC 221.98 366752 05/03/2018 PALM TRUCK CENTERS INC 317.10 366753 05/03/2018 LINDSEY GARDENS LTD 500.00 366754 05/03/2018 PING INC 265.67 366755 05/03/2018 CITY OF VERO BEACH 7,075.10 366756 05/0312018 CHAPTER 13 TRUSTEE 201.08 366757 05/03/2018 COMPBENEFITS COMPANY 80.16 366758 05/03/2018 INDIAN RIVER ALL FAB INC 125.00 366759 05/03/2018 UNITED PARCEL SERVICE INC 84.23 366760 05/03/20'18 FERGUSON ENTERPRISES INC 2.105.98 366761 05/03/2018 JANITORIAL DEPOT OF AMERICA INC 1,011.25 366762 05/03/2018 FLORIDA DEPT OF EDUCATION 188.46 366763 05/03/2018 PUBLIX SUPERMARKETS 72.79 366764 05/03/2018 ACUSHNET COMPANY 1,510.28 366765 05/03/2018 GEOSYNTEC CONSULTANTS INC 2,750.63 366766 05/03/2018 CITY OF SEBASTIAN 901.00 366767 05/03/2018 CALLAWAY GOLF SALES COMPANY 6,755.39 366768 05/03/2018 FLORIDA POWER AND LIGHT 7,758.41 366769 05/03/2018 JAMES GRAY JR 80.01 366770 05/03/2018 BASIL D DANCY 1,812.74 366771 05/03/2018 US KIDS GOLF LLC 104.95 366772 05/03/2018 TROY FAIN INSURANCE INC 103.00 366773 05/03/2018 BUILDING OFFICIALS ASSOC OF FLORIDA 913.20 366774 05/03/2018 IRC HEALTHY START COALITION INC 250.00 366775 05/03/2018 FLORIDA UC FUND 2.248.91 366776 05/03/2018 MYLES BROWN 180.00 366777 05/03/2018 HENRY SMITH 80.00 366778 05/03/2018 KENNETH JAMES BING14AM JR 40.00 366779 05/03/20.18 ALAN C KAUFFMANN 80.00 366780 05/03/2018 PINNACLE GROVE LTD 500.00 366781 05/03/2018 FLORIDA SURVEYING & MAPPING 650.00 366782 05/03/2018 PELICAN ISLAND AUDUBON SOCIETY INC 5,134.12 366783 05/03/2018 ST LUCI.E COUNTY BOCC 122,950.25 366784 05/03/2018 MICHAEL QUIGLEY 60.00 366785 05/03/2018 RUSSELL PAYNE INC 1,071.84 366786 05/03/2018 POTTERS INDUSTRIES LLC 1,500.00 366787 05/03/2018 VAN WAL INC 11308.00 366788 05/03/2018 NATIONAL NOTARY ASSOCIATION 130.00 366789 05/03/2018 ALAN HILL 259.42 366790 05/03/2018 FAIRFIELD INN 244.64 366791 05/03/2018 FASTENAL COMPANY 30.63 366792 05/03/2018 THE S14ERWIN WILLIAMS CO 129.21 366793 05/03/2018 JOHNS EASTERN COMPANY INC 3,359.75 366794 05/03/20.18 MBV ENGINEERING INC 450.00 366795 05/03/2018 MBV ENGINEERING INC 902.50 366796 05/03/2018 ROY PINNER 500.00 366797 05/03/2018 STAPLES CONTRACT & COMMERCIAL INC 342.11 366798 05/03/2018 DAVID SILON 120.00 366799 05/03/2018 GLOVER OIL COMPANY INC 187.56 366800 05/03/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 288.16 366801 05/03/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 292.07 366802 05/03/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 162.97 366803 05/03/2018 ZASADZINSKI, JOHN & SHERRIE 150.00 366804 05/03/2018 LARRY STEPHENS 80.00 366805 05/03/2018 GERELCOM INC 13.759.48 366806 05/03/2018 D&S ENTERPRISES OF VERO BCH LLC 61.33 TRANS NBR DATE VENDOR AMOUNT 366807 05/0312018 3013NNY B SMITH 40.00 366808 05/03/2018 GLOBALSTAR USA 182.75 366809 05/03/2018 FISHER & PHILLIPS LLP 530.00 366810 05/03/2018 REDI.ANDS CHRISTIAN MIGRANT ASSOC 5,787.96 366811 05/03/2018 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 4,352.00 366812 05/03/2018 SOUTHEAST SECURE SHREDDING 800.00 366813 05/03/2018 HUNT. RANDALL & CAROL 882.20 366814 05/03/2018 KATHLEEN P DOUGHERTY 60.00 366815 05/03/2018 NICOLACE MARKETING INC 2,905.00 366816 05/03/2018 HMA-SOLANTIC JOINT VENTURE LLC 110.00 366817 05/03/2018 DE LA HOZ BUILDERS INC 6,636.00 366818 05/03/2018 ECMC 276.58 366819 05/03/2018 JANCY PET BURIAL SERVICE INC 93.50 366820 05/03/2018 FLORIDA ARMATURE WORKS INC 1.123.40 366821 05/03/2018 OVERDRIVE INC 1,308.87 366822 05103/2018 AUTOMATIONDIRECT.COM INC 2.266.50 366823 05/03/2018 ORLANDO FREIGHTLINER INC 131.06 366824 05/03/20.18 141 TECH CYCLES 6.822.69 366825 05/03/2018 HEATHER HATTON 90.00 366826 05/03/2018 OCEAN RESEARCH & CONSERVATION ASSOCIATION It 2,660.26 366827 05/03/2018 REPROGRAPHIC SOLUTIONS INC 3.90 366828 05/03/2018 LOWES HOME CENTERS INC 664.04 366829 05/03/2018 GAUDET ASSOCIATES INC 784.85 366830 05/03/2018 MUNICIPAL EMERGENCY SERVICES INC 13,786.30 366831 05/03/2018 BURNETT LIME CO INC 6.388.20 366832 05/03/2018 PENGUIN RANDOM HOUSE LLC 146.70 366833 05/03/2018 CARMEN LEWIS 502.00 366834 05/03/2018 STRAIGHT OAK LLC 18.45 366835 05/03/2018 B.IRCHWOOD CASEY LLC 4,064.00 366836 05/03/2018 C E R SIGNATURE CLEANING 850.00 366837 05/03/2018 DEBORAH CUEVAS 40.00 366838 05/03/2018 CHEMTRADE CHEMICALS CORPORTATION 2,278.14 366839 05103/2018 BRUCE SABOL 60.00 366840 05/03/2018 FAMILY SUPPORT REGISTRY 9.66 366841 05/03/2018 AMERITAS 27,368.22 366842 05/03/2018 ARROW INTERNATIONAL 2,209.99 366843 05/03/2018 MICHAEL EDWARD HAMILTON 600.00 366844 05/03/2018 FLOR.ITURF SOD INC 101.00 366845 05/03/2018 COSTELLO BROTHERS MARINE CONSTRUCTION INC 5,110.06 366846 05/03/2018 SCRIPPS NP OPERATING LLC 1,854.63 366847 05/03/2018 RED 114E UNIFORM TAILOR 2,413.16 366848 05/03/2018 CATHEDRAL CORPORATION 1,431.37 366849 05/03/2018 MILNER SPORTS LLC 870.88 366850 05/03/2018 UNIFIRST CORPORATION 995.61 366851 05/03/2018 WILSON SPORTING GOODS CO 863.10 366852 05/03/2018 ADVANCE STORES COMPANY INCORPORATED 603.81 366853 05/03/2018 DENISE GILLESPI:E 30.00 366854 05/03/2018 EGP DOCUMENT SOLUTIONS LLC 159.46 366855 05/03/2018 WURT1-I USA INC 130.47 366856 05/03/2018 EZLINKS GOLF LLC 300.00 366857 05/0312018 NWI RECYCLING INC 12.168.60 366858 05/03/2018 EASTERN PIPELINE CONSTRUCTION INC 4,037.50 366859 05/03/2418 UNDER THE SUN PRODUCTIONS 431.00 366860 05/03/2018 AC VETERINARY SPECIALTY SERVICES 397.50 366861 05103/2018 INDUSTRIAL LAUNDRY SERVICES LLC 175.00 366862 05/03/2018 TITONE PROPERTIES LLC 500.00 366863 05/03/2018 MATHESON TRI -GAS INC 2,455.05 366864 05/03/2018 PEOPLE READY INC 8,344.91 366865 05/03/2018 AQSEPTENCE GROUP INC 531.37 366866 05/03/2018 COLE AUTO SUPPLY INC 2,555.01 9 TRANS IBR DATE VENDOR AiINIOUNT 366867 05/03/2018 RHOADES ALR & HEAT 4,010.00 366868 05/03/2018 MARISAALE?fANDER 36.00 366869 05/03/2018 GREGORY SHEAR 1,000.00 366870 05/03/2018 KIMBERLY RICCIARDONE 60.00 366871 05/03/2018 NORTH CAROLINA DEPARTMENT OF REVENUE 78.52 366872 05/03/2018 G&C HOLLAND VERO INVESTORS LLC 8,105.96 366873 05/03/2018 BETH NOLAN 80.00 366874 05/03/2018 .ALLAN D KELLERMAN 5,000.80 366875 05/0312018 DAY DREAMS UNIFORMS INC 141.98 366876 05/03/2018 COASTAL CONSERVATION ASSOC OF FL 500.00 366877 05/03/2018 THOMAS R PILIERO 114.50 366878 05/03/2018 RECYCLING ROCKS LLC 590.00 366879 05/03/2018 NESTLE WATERS NORTH AMERICA 68.33 366880 05/03/2018 MICHAEL SMYKOWSKI 147.32 366881 05/03/2018 GILL GROUP INC 6,313.51 366882 05/03/2018 STUART RUBBER STAMP & SIGN CO INC 712.90 366883 05/03/2018 CORE & MAIN LP 3,666.56 366884 05/03/2018 ERIC SKALA 40.00 366885 05/03/2018 STEWART MATERIALS LLC 1,318.83 366886 05/03/2018 ADIDAS AMERICA INC 157.36 366887 05/03/2018 DJD EQUIPMENT HOLDINGS LLC 2,988.95 366888 05/03/2018 SOUTHEAST TEST COMPANY 1,881.73 366889 05/03/2018 TYKES & TEENS INC 5,212.18 366890 05/03/2018 THERNELLMILLS 40.00 366891 05/03/2018 OSBURN ASSOCIATES INC 44.458.85 366892 05/03/2018 STEPHEN STONE 40.00 366893 05/03/2018 JOSEPH LORINO 40.00 366894 05/03/2018 RESCUE TRAINING ASSOCIATES INC 1.850.00 366895 05/03/2018 EMPIRE PIPE ORLANDO LLC 3,025.50 366896 05/03/2018 TAYLOR ANNE HATTON 60.00 366897 05/03/2018 BETTY JORG'ENSEN 42.32 366898 05/03/2018 VERO BEACH HIGHLANDS POA 275.00 366899 05/03/2018 N.EWMAN EQUIPMENT INC 100.00 366900 05/03/2018 SUSAN STINGONE 378.00 366901 05/0312018 THE PERMIT GROUP BOCORP INC 233.43 366902 05/03/2018 JOHN E KING 75.00 366903 05/03/2018 CHAMP ANTHONY LLC 75.00 366904 05/03/2018 TIMOTI4EOS G SIMOS 30.00 366905 05/03/2018 DAWN LAING 106.80 Crand Total: 772,380.82 10 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1013227 04/27/2018 AT&T 12,006.90 1013228 04/27/2018 WASTE MANAGEMENT INC 41.60 1013229 04/27/2018 COMCAST 11.98 1013230 04/27/2018 POLYDYNE INC 5,152.00 1013231 05/01/20.18 EVERGLADES FARM EQUIPMENT CO INC 1,418.93 1013232 05/01/2018 AMERICAN CONCRETE INDUSTRIES INC 745.00 1013233 05/01/2018 ABCO GARAGE DOOR CO INC 436.20 1013234 05/01/2018 ALLIED UNIVERSAL CORP 2.453.65 1013235 05/01/2018 IRRIGATION CONSULTANTS UNLIMITED INC 230.12 101,3236 05/01/2018 GROVE WELDERS INC 430.00 1013237 05/01/2018 JOHN DEERE COMPANY 36.869.30 1013238 05/01/2018 FIRST HOSPITAL LABORATORIES INC 1.064.25 1013239 05/01/2018 COMO OIL COMPANY OF FLORIDA 49.70 1013240 05/01/2018 GLOBAL GOLF SALES INC 299.26 1013241 05/01/2018 COMPLETE ELECTRIC INC 4,250.00 1013242 05/01/2018 MIDWEST MOTOR SUPPLY CO 449.58 1013243 05/01/2018 FLORIDA TRANSCOR INC 1,110.00 1013244 05/01/2018 HARCROS CHEMICALS, INC. 2,663.77 1013245 05/01/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 95.95 1013246 05/01/2018 FILTRATION GROUP CORPORATION 67.20 1013247 05/02/2018 OFFICE DEPOT BSD CUSTOMER SVC 2,265.06 1013248 05/02/2018 COMCAST 236.63 1013249 05/02/2018 NORTH SOUTH SUPPLY INC 373.02 1013250 05/02/2018 MIKES GARAGE & WRECKER SERVICE INC 295.00 1013251 05/02/2018 MEEKS PLUMBING INC 249.50 1013252 05/02/2018 NEWMANS POWER SYSTEMS 500.64 1013253 05/02/2018 SOUTHERN COMPUTER WAREHOUSE 1.452.14 1013254 05/02/2018 ROGER CLEVELAND GOLF INC 291.60 1013255 05/02/2018 TOTAL TRUCK PARTS INC 254.23 1013256 05/02/2018 SOUTHERN JANITOR SUPPLY INC 1,560.15 1013257 05/02/2018 METRO FIRE PROTECTION SERVICES INC 720.98 1013258 05/02/2018 WRIGHT FASTENER COMPANY LLC 1,020.00 10.13259 05/02/2018 PACE ANALYTICAL SERVICES INC 216.00 1013260 05/02/2018 MKI SERVICES INC 2,530.00 1013261 05/02/2018 FPS OFFICE SOLUTIONS LLC 2,568.68 Grand Total: 84,379.02 11 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NRR DATE ' VENDOR A 10UNT 5890 04/27/2018 SENIOR RESOURCE ASSOCIATION 356,951.07 5891 04/30/2018 I R C HEALTH INSURANCE - TRUST 77,960.66 5892 04/30/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5,346.74 5893 04/30/2018 MUTUAL OF OMAHA 1,875.00 5894 04/30/2018 BLUE CROSS & BLUE SI -HELD OF FLORIDA INC 10,550.00 5895 04/3012018 CHARD SNYDER & ASSOCIATES INC 84.80 5896 05/01/2018 CLERK OF CIRCUIT COURT 84,440.41 5897 05/01/2018 INDIAN RIVER COUNTY SHERIFF 3,799,931.31 5898 05/01/2018 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 89,137.84 5899 05/01/2018 ST LUCIE BATTERY & TIRE -CO 1,000.00 5900 05/02/2018 I R C HEALTH INSURANCE - TRUST 4.878.30 5901 05/02/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 126.70 5902 05/02/2018 BLUE CROSS & BLUE SI-IIELD OF FLORIDA INC 250.00 P -CARD 05/02/2018 TD BANK, N.A. 35.891.87 Grand Total: 4,468,424.70 12 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Finance :Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: April 30, 2018 SUBJECT: Quarterly Investment Report for Quarter Ending 3/31/2018 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the second quarter of this fiscal year. This report was reviewed by our investment advisory committee on April 26, 20,18. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. 13 JEFFREY R. SMITH, CFA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27`x' Street Vero Beach, F.L 32960 Telephone: (772) 226-1945 Indian River County Investment Advisory Committee Quarterly investment Report January 1, 2018 through March 31, 2018 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, recommend investment strategies. The Committee consists of the Clerk of the Circuit Court, Finance Director, Internal Auditor, Budget Director, and three qualified citizens with investment or financial management expertise. The individuals who have agreed to serve are: David W. Griffis, Founding Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group, Andy Beindorf, Market President of National Bank of Commerce. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, surplus funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Nome Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Florida Local Government Investment Trust (FLGIT), Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.01, Certificates of Deposit (CDs), Money Market Funds, Repurchase Agreements. BOND PROCEEDS INVESTMENT The current water and sewer bond reserve is placed with Bank of New York/Mellon and is currently invested in treasury notes. QUARTERLY AVERAGE YIELD The overall average yield for the quarter ended March 31, 2018 was 1.24%. The overall average yield for the quarter ended December 31, 2017 was 1.01 %. 14 INVESTMENT ACTIVITY As of March 31, 2018 the investments portfolio book value was $404,521,654 with a market value of $403.394,804. Of the $404,521,654 portfolio total, $329.251,728 is restricted for the following purposes: $ 81,795,565 Special revenue projects $ 7,768,214 Debt payments for county bonds $ 77,937,272 Capital projects $ 158,663,501 Business -type activities $ 3,087,176 Escrow Funds $ 329,251,728 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Special Escrow_ Revenue 1% 2S% Debt ii Service 2% Business- Capital Type Projects 48% 24% The weighted average maturity of the treasury and agency investments as of:March 31, 2018 is 13 months. Yields on the individual investments ranged from 0.63% to 2.50%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending March 31, 2018: Schedule I .Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 .Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) 15 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type March 31, 2018 FNMA Buffet 3MCOT29 1.500% 10123/17 02/28/20 L92 1.688% S 2,000.000.00 $ '1,991,360.00 1 L 1of2 V 0301/18 CouporV Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Ywrd Date Data mzffunty Maturity Par Amount Book Value % FFCBCa&abie 3133EFMU8 0.950% 02/11/16 OS/02/I3 0,09 0.950% S 2,ODC,000,00 $ 2,000.000.00 FFCB Callable 3133EGUX1 0.940% 09/20/16 06/20/18 0.22 0.940% $ 2,000,000.00 $ 2.000,000.00 FFCB Callable 3133EGMQ5 0.880% 07/18/16 07/18/18 030 CAM S 2,000,000.00 S 2,000,000.00 FFCBCatlable 3133EGTH8 1.030% 09/06/16 09/06/18 0.44 1.030% s 2,000,000.00 5 2,000.000.00 FFCBCatlable 3133EGFXS 1.010% 06/20/16 09/20/18 0.47 1.0109A S 2,000,000.00 $ 20=,000.00 FFC8 Cailable 3133EGA70 OVID% 11/01/16 11/01/18 0.59 0.970% $ 2,000,000.00 $ 2,000,000.00 FFC8 Callable 3133EGA96 1.070% 11/28/17 05/01/19 1.08 1.615% $ 2,000,000.00 5 1$84,700.00 FFC3 Callable 3133EHLUS L390% 06/05/17 06/OS/19 1.16 1390% S 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EHMR.12 1.375% 06/12/17 06/12/19 1.20 1.375% $ 2,000,000.00 $ 2,040,000.00 FFCB Callable 3133EG3X4 3.080% 03/31/17 07/05/19 1.26 1.481% $ 2.000,0=.00 $ 082,200.00 FFCB Bullet 3133EHUK7 1.400% 08/14/17 08/14/19 1.37 1.400% $ 2,000,000.00 5 2,000,000.00 FFCBCallabie 3133EGKK6 1.120% 12/21/17 10/11/19 1.S3 1.946% $ 2,000,000.00 S 1,970,800.00 FFCBCal'able 3133EGA62 1.160% 11/30/17 11101/19 1.59 1.866% $ 2,000,000.00 5 1,973,500.00 FFCBCatfabk 3133EGNS 1.200% 12/08/17 01/06120 1.77 1.955% .$ 2,000,000.00 5 1,969400.00 FFC6Calfable 3133EHR70 1.740% 11/14/17 02/14/20 1.&8 1,740% S 2,000,000.00 $ 2,000,000.00 FFCBCal4bie 3133EGAE5 1-360% 12/21/17 02/18/20 1.89 1.991% $ 3,000,000.00 5 2,460,160.00 FFCB Callable 3133EHLX2 1500% 10/23/17 03/05/20 1.93 1.716% $ 2,000,000.00 S 1,990,000.00 FFCB Callable 3133EHCSO 1.68096 03/13/18 04/03/20 2.01 2.316% S 2,000,000.00 5 1,974,600.00 FFCB Callable 31336HT78 1.830% 12/21n7 05/20/20 2.14 2.013% S 3,000,000.00 $ 2,987,040.00 FFC8 Callable 3133EJEKI 2.450% 03AWIS 06/03/20 2.17 2.450% S 3,000,000.00 $ 3,000,000.00 FFCB Ca1abk 31.33EHUE1 1.6501A 03/19/38 08/10/20 2.36 2.372% S 2,000.000.00 5 L96C600.00 S 45,000,000.00 S 44,7599000.00 11,13% FHLB Callable 3130A70BS 1.000% 02/28/16 06/04/18 0118 1.000% S 3,000,000.00 $ 3,000,000.00 FHL8 Callable 3130ABPZO 0.840% 07/12/16 07/12/18 0.28 0,840% S 2,0=,000.00 5 2,000,000.00 FHLB Buffet 3130AVU 062S% 07/15/16 08/07/19 035 0.770% S ?.000,000.00 S 1,994.000.00 FHLB Caffabk 3130A900 1.050% 09/28/16 09/28/18 OSO 1.050% S 3,000,00000 5 3,000,000.00 FHLB Bullet 3130A9AE1 0.875% 12/12/16 30AVIS OSo 1.142% $ 3,000,000.00 S 2,985,750.00 FHLBCaffabie 3130AONHO 1.000% 10111/16 10/11/18 0.53 1.000% $ 2,000,000.00 S 2,000,000,00 FHLB Bullet 3130AAE46 1.250% 08/31/17 01/16/19 0.80 1.321% $ 2,000,000.00 $ 1,998,060,00 FHLB Bullet 3133ADNES 1.875% 02/16/18 02/12/19 0,87 2.000% S 3,000,000.00 S 2,996,340.00 FHLB Bullet 3133782M2 1.500% 11/28/17 03/08/19 0.94 2-712% 5 2,000,000.00 $ 1,494,640.00 FHIBCallable 3130AAW79 1.350% 03/21/17 03/20/19 0.97 L414% $ 3,000,000.= 5 2,996,2SO.00 FHLB Buffet 3130ABDX18 1400% 05/24/17 05/24/19 1.15 1.4257: S 2,000,000,00 S 1,999,000.00 FHLB Bullet 3130ASOB6 1.125% 03/08/17 06/21/19 1.22 1.467% S 3,000,000.00 $ 2,976,999 00 FHLB Bullet 313OA82GO 1400% 03/31/17 06/27119 1.24 1.416% S 2,000,000.00 S 1,999,312.00 FHLB Bullet 3130ABRS76 1.460% 07/12/17 07/12/19 1.28 1.460% 5 2000,000.00 $ 21000,000.00 FHLB - IX 3130ABB21 1.375% 05/12/17 07/26/19 1.32 1.375% S 2,000,000.00 S 2,000,000.00 FHLBCanabk 3130ARWXG 1.500% 08/22117 08/22/19 1.39 3.500% $ 2,000,000.00 S 2000,000.00 FHLB Banat 3130A9EP2 1.000% 05/10/17 09/26/19 .1.49 1.436% 5 2,000,000.00 5 079,660.00 FHLB Bullet 313D49EP2 1.000% 05/11/17 09/26/19 149 L435% $ 2,000,000,00 $ 1.979,750.00 FHLB Bullet 3130ASTD&9 L450% 07/18/17 10/18/19 1.55 14506 S 2,000,000.00 5 210001000.00 FHLB Bullet 3130AA3R7 1.375% 06/30/17 11/15/19 1.63 1,433% S 2,000,000.00 $ 1,997,300.00 FHLB - IX 3130ACN83 1.700% 11/21/17 05/15/20 2.13 1.869% 5 2,000,000.00 $ 1,991,800.00 FHLB Bullet _ 313383Hu8 1.750% 03/23/18 06/32/20 2.20 2.399% $ 2,000,000.00 $ 1,472080.00 FHLB Callable 3130ARNQS 1.625% 12/08/17 06/26/20 2.24 1-907% S 2000,000.00 5 1,986,000.00 FHLBCaMble 3134ASWA 1.750% 03/15/18 07/13120 2.29 2,419% S 3,000,000.00 5 2,9$4,790.00 FHLB Ca&abk AMAMI) 1.675% 03/19/18 08/25/20 Z.41 2.379% 5 3,000,000.00 $ 2,964,420,00 FHLB Callable 3130ADSF0 2.500% 03/29/18 09/29/20 240 2.500% S 3,000,000.00 S 3,000,000.00 S 6L000,DO0.00 S 60,766,151.00 1510% FHLMC Buffst 3137EAEA3 0.750% 05/17/36 04/09/18 0.02 0.863% $ 3,000,004= S 2,993,619.00 FHLMCCalkbk 3134G8XH7 1.000% 12/12/16 04/27/18 0,07 1.026% S 3,000,000.00 $ 2,998,950.00 FHLMCCaRabls 3134693DO 1000% 05/11/16 OS/11118 0.11 1.000% $ 2,000,000.00 5 21000,000.00 FHLMCCaifable 3134G9KUO 1.000% 06/02/16 05/25/18 OAS 1.041% $ 3,000,0=.= 5 2,997,600.00 FHLMC Callable 3134GAGMO ID40% 12/12/16 08/24/18 0.40 1.040% $ 3,0=,0=.= $ 3,0=,0=.00 FHLMCCailable 3134GADR2 1010% 08/30/16 08/28/18 0.41 1.010% 5 2,000,000.00 $ 2,000,000.00 FHLMCC&Rable 3134GAVW1 1.050% 12/28/16 11/07/18 0.61 1.285% S 3,000,000.00 $ 2,987,100.00 FHLMC Callable 3134GAW26 1.400% 02/28/17 02/25/19 0.91 1.400% S 2,000,000.00 $ 21000,000.00 FHLMC Bullet 3137EADZ99 1125% 03/08/17 04/15/19 1.04 1.422% $ 3,000,000.00 S 2,981,619.00 FHLMC -1X Call 8134GSEG3 1410% 04/26/17 04/26/19 1.07 1.410% 5 2,000,000.00 S 2,000,0=.00 FHLMC Calkbte 3134GAXSS 1.125% 08/29/17 05/28/19 1.16 1.343% S 2,000,D=.00 S 11992,500.00 FHLMCBuBet 3137EADGI 1.750% 12/06/17 05/30/19 1.16 1.789% S 3,000,000.= $ 2,998,290.= FHLMC Bullet 3137EAES13 0875% 03/3367 07/19/19 1.30 1.394% S 2,000,000.00 $ 1,976,578,00 FHLMC Bullet 3137EADK2 L2W% 03/30/17 08/01/19 1.34 1.402% S 3,=0,000.00 $ 2,989560.00 WLMCQ"abte 3134GA7A6 1.500% 05111/17 09/09/19 1.44 1500% S 2,000,000,= S 2,D=,000.00 FHLMC Bullet 3137EADMS L250% 05104/17 1O/02A9 151 1.451% S 3,0=.000.00 5 2995,780.00 FHLMC 3134GBEB4 1.700% 11/21/17 03/27/20 1.99 1.776% S 2,000,00000 S 1,996,500.= FHLMC Buikt 3137EAEF2 1.375% 11/21/17 04/20/20 2.06 1.858% $ 2,0=,0=.00 5. 1,977,300.= FHLMCCaRabk 313468088 L750% 10/30/17 04/30/20 2.08 1.750% $ 2.000.000.00 $ 2,000,000.00 FHLMC Bullet 3137EADR7 1375% 11/21/37 05/01/20 2.09 1123% S 2,000,000,00 $ 1,478,660.00 S 44.000.0=,= S 48,&54,056.00 1214% FNMA Bullet 313SGOH63 1,375% 12/06/17 01/28/19 0.83 1649% $ 3,000,000,00 $ 21989,020.00 FNMA SWIM 3135GOZA4 1.875% 02/16/18 02/19/19 0.89 2.016% $ 3,0=,0=.00 $ 2,995,8=.= FNMA Buffet 3136GIGV56 1.2506 06/05/17 03/25/19 0.98 1.304% $ 2,000,000.00 $ 1,998,070.00 FNMA Bullet 3135GOP49 1.000% 05/05/11 08/28/19 1141 1.442% $ 2,000,000.00 5 1,979,946.= FNMA Callable 31356OP56 1.250% 11/30/17 09/20/19 1.47 1842% S 2,000,0=.= $ 1,979,060.= FNMA Bullet 3135GOR39 1.000% 06/30/17 10/24/19 LS7 L425% S 2,000,000.00 $ 1,980,694,00 FNMA Buffet 3135GOA78 1.625% 12/08/17 01/21/20 1.81 1,862% 5 3,000,000.00 $ 21985,270.00 FNMA Buffet 3MCOT29 1.500% 10123/17 02/28/20 L92 1.688% S 2,000.000.00 $ '1,991,360.00 1 L 1of2 V Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type March 31, 2018 Restricted Cash - Housing Account $353,910.89 Total Portfolio $404521.654.46 Note. Seo separate Investment report for OPER funds. 17 241`2 03/31/18 Coupory Purchase. Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yreka Date Date Maturity Maturity Par Amount Book Value % FNMA Callable 3136G4Lg4 1.750% 12108/17 05/28/20 2.16 1.875% $ 3,000,000.00 S 21991,000.00 FNMA Callable 3136YOUR4 1.380% 03/23/18 06/30/20 222 2.443% $ 3,0001000.00 $ 2,929,950.00 FNMA Bullet 3135=60 1.500% 03/15/18 07/30/20 2,33 2351% S 3,000,000.00 $ 2,941,350.00 S 28,000,000.00 S 27,761,520,00 6.90% Treasury Note 912828UU2 0.750% 03/31/16 03/31/18 - 0.753% $ 20001000.00 $ 1,999,900.00 Treasury Note 912828UU2 0.750% 12104/15 0313VIS - 1.050% 5 3,000,000,00 5 2,979,390.00 Treasury Note 91287SK25 0.750% 12/07/15 04/15/18 0.04 1.070% $ 3,000,000.00 5 2,977,710.00 Treasury Note 912828UZ1 0.625% 03/31/16 04/30/13 0,08 0.76976 $ 2,000,000.00 $ 1,994,060,00 Treasury Note 91282802£ 0.625% 02/18/16 04/30/18 0.08 0.780% $ 3,000,000.00 $ 2,989,882.50 Treasury Note 912828XA3 1.000% 11/30/15 05115/£8 0.12 1.090% $ 31000,000.00 $ 2,993,430.00 Treasury Note 912828851 0.875% 11/18/16 05/31/18 0.17 0.947% $ 3,000,000.00 $ 2,996,718.75 Treasury Note 91282802 1.125% 12/16/16 06/15/18 0.21 1.132% 5 2,000,000.00 $ 1,999,780.00 Treasury Now 912828893 0.625% 12/09116 06130/18 0.25 0.999% $ 3,000,000.00 $ 2,982,660.00 Treasury Note 912828893 0.625% 11118/16 06/30/18 0.25 0152% $ 3,000,000.00 $ 2,984,296.88 Treasury Note 91282801 0.875% IV16/16 07115/18 0,29 1.162% $ 2,000,000.00 $ 1,991,020.00 Treasury Note 912828568 0.750% 12%09/16 07/31/18 033 1,038% 5 2,000,000.00 S 2,990,625.00 Treasury Nae 912828568 0.750% 11/30/16 07/31/18 0.33 1046% S 3,000,000.00 $ 2,985,234.38 Treasury Note 91282SK82 1.000% 12/12/16 08/15/18 038 1.075% $ 3,000,000.00 5 2,996,250.00 Treasury Note 912828203 0.750% 12/09/16 08/31/18 0.42 1.057% 5 2,000,000.00 $ 089,540.00 Treasury Note 9I28282C3 0,750% 11/30/16 08/31/18 0.42 1,066% S 3,000,000.00 S 2,983,590.00 Treasury Note 9/2828140 1.000% 11/30/16 09/15/18 0.46 1.080% 5 3,000;000.00 $ 2,995,770.00 Treasury Note 912828742 0.750% 12/091£6 09/30/18 OSO 1.078% S 3,000,000.00 $ 2,982,420.00 Treasurv-Now 9128281815 0.875% 11/30/16 10/15/18 0.54 3.080% S 3,000,000.00 5 2,988,633.00 Treasury Note 912628783 0.750% 12/09/16 10/31/18 059 1.093% $ 3,000,000.00 $ 2,980,800.00 Treasury Note 91282SM64 1.250% 03/27/18 t1/Is/18 0.63 1977% S 3,000,00000 $ 2,986,287.00 Treasury Note 91282SM63 1.1125% 03/27/18 QIj15/19 0.79 2.04596 S 2,000,000.00 $ 1,985,390.00 Treasury Note 91282SV56 1.125% 03/28/18 01/31/19 0.84 2.061% $ 3,000,000.00 $ 2,976562,50 Treasury Note 912828PS3 0.750% 03/27/18 02/15/19 0.88 2.064% 5 2,000,00000 5 1,976,952.00 Treasury Note 9128285H4 1,375% 03/28118 02/28/19 0.92 2.078% 5 3,000,000.00 $ 2,980,779.00 Treasury Note 912828P95 11000% 03/28/18 03/15119 0.96 2.102% 5 3,000,000.00 $ 2,68,593.00 Treasury Note 9128280097 1.250% 09/14/17 03/31/19 1.00 1.332% 5 2,000,000.00 $ 1.997,500.00 Treasury Note 912828578 1.250% 03/28/18 04/30/19 1.08 21123% $ 3,000,000.00 $ 2,971,875.00 Treasury Note 912828844 0.875% 08/29/17 05/15/19 1,I2 1.273% S 2,000,000,00 $ 066,56250 Treasury Note 912828TC6 1.000% D9/14117 06/30/19 1.25 1.336% S 3,000,000.00 $ 2,982,187,50 Treasury Note 91282$W55 1.625% 11/30/17 06/30/19 1.25 1.728% 5 3,000,000.00 $ 2,995,200.00 Treasury Note 9128282X5 1.375% 12/18/17 07/31/19 1.33 1.817% $ 3,000,000.00 $ 2,978,906.25 Treasury Nate 912828D80 £.625% 11/30117 08/31/19 1.42 1.752% $ 3,000,000.00 $ 2,993,43750 Treasury Nwe 91282EF62 1500% £2112111 10131/19 1.59 1,797% $ 3,000,000.00 S 2,983,560,00 Treasury Nca 91282SV31 1.375% 12/18/17 01/15/20 1.79 1.845% $ 3,000,000.00 5 2,971,406.25 Treasury Note 91282SW63 1.625% 12/12/17 03/15/20 1.96 1.845% S 3,000,000.00 $ 2,985,420.00 Treasury Note 912328X21 1.500% 12/12/17 04/15/20 2.04 1.857% S 300,000.00 $ 2,975,580.00 S 101,000,900.00 5 100,477,909,01 2497% Regions Bank Money Market $16,506,274.84 4,t0% Regions Bank Lcditx Accounts $5,832.955.15 145% TD Bank Checking Account $16,228,98591 4.03% Wells Fargo Bank Checking Account $427,76642 0 11 % BankUnited Money Market 534,769,13203 8,64% National Bank of Commerce CO 0850% 05111/17 OUi 1118 0,11 56,1181190.09 152% Oculina Bank CO 0.880% 04/23/16 04MI8 0.07 $'2,033,97817 a5!% Valley National Bank Government Interest Checking SI5,096,169.73 375% Marine Bank Business Money Market 55,017.667.82 1.25% Total General Cash & Equivalents - Unrestricted 5384,649,757.87 Restricted Cash -Bond Covenants (hold by BNY/Moilon) Fidelity Institutional Treasury Money Market -Utilities Debt Service Reserve 5 41,690.36 Treasury Note 912828R93 0.625% 06130/16 06130/18 0.25 0.745% 5£,480,000.00 $1,475,693.20 Treasury Note 912828040 1.000% 11/30/16 11130/18 067 1085% 51,030,000.00 51.023,078,40 Treasury Note 912828XV77 1250% 06/30/17 06130/19 125 1.345% 51,610,000.00 S£.591,388.40 Total Restricted Bond Reserve - adjusted for fair market value $4,131,850.36 1.03% Restricted Cash - Landfill FACC-Flonda Local Govt tnvestntent Trust-Land:11 Closure & Postelosure Reserves - actuated for lair mkt value S 13575,83&73 337% Total Pooled Cash 3 Equivalents 5402357,444.96 100.0% Restricted Cash - Hearth Insurance M Bank -SCSS Ctaims,Account 51.728,298.61 Citibank - BCBS Improst Act% $84,000;00 Total Restricted Cash - Health Insurance $1,812,298.61 Restricted Cash - Housing Account $353,910.89 Total Portfolio $404521.654.46 Note. Seo separate Investment report for OPER funds. 17 241`2 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date March 31, 2018 102 03131//8 CouporV Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Treasury Note 912828L1u2 0.750% 03/31/16 03131/18 - 0.753% $ 2000,000.00 TreasuryNote 912828UU2 0.750% .12/04/15 03/31/18 - 1.050% S 3,000,000.00 FHLMC Bullet 3237EAEA3 0.750% 05/17/16 04109178 0.02 0.863% $ 3,000,000.00 TreasuryNote 912828K2S 0.750% 12/07/15 04/15/28 0.04 1.070% S 3,000,000.00 FHLMCCallable 3134GSXH7 1.000% 12/12/16 04/27/18 0.07 1.026% S 3,000,000.00 Treasury Note 91282SU21 0.625% 03/31/16 04/30/18 0.08 0.769% $ 2,000,000.00 Treasury Note 912828UZI 0.625% 02/18/16 04/30/18 0.08 0.780% $ 3,000,000.00 FFCB Callable 3133EFAALTS 0950% 02/11/16 05/02/18 0.09 0950% $ 2,000,000.00 FHLMCCallable 3134G9100 1.000% 05/11/16 05/11/18 0.11 1.000% 9 2,000,000.00 Treasury Note 912828KA3 1.000% 11/30/15 05/15/18 0.12 1.090% S 3,000,000.00 FHLMCCallable 3134G9KUO 1.000% 06/02/16 05/25/18 0.15 1.041% $ 3,000,000.00 Treasury Note 912828851 0.875% 11/18/16 05/31/18 0.17 0.947% $ 3,000,000.00 FHLBCallable 3130A7D88 1.000% 02/28/16 06/04/18 0.18 '1.000% S 3,00.000.00 Treasury -Note 912828XF2 1.125% 12/:6116 06/15/18 0.21 1.132% S 2000,000.00 FFCB Callable 3133EGUXI 0.940% 09/20/16 06/20/18 0.22 0.940% $ 2,000,000.00 Treasury Note 912828893 0.625% 12/09/16 06/30118 025 0.999% S 3,000,000.00 Treasury Note 912828893 0.625% 11/18/16 06/30/18 0.25 0.952% $ 3,000,000.00 FHLB Callable 3130ASP20 0.840% 07/12/16 07/12/18 0.28 0.840% $ 2,000,000.00 Treasury Note 92282SXKI 0.875% 12/16/16 07/15/38 0,29 1.162% $ 2,00000.00 FFCB Callable 3133EGMQS 0.88076 07/18116 07/18/38 0.30 OAA% $ 2,000,000.00 Treasury Note 912828568 0.750% 12/09/16 07/31/18 0.33 1.038% S 2000,00040 Treasury Note 912828568 0.750% 13/30/16 07/31/18 0.33 1.048% S 3,000,000.00 FHL8 Bullet 3130ASPK3 0.625% 07115/16 08/07/18 0.35 0.770% S 2,00.000.00 Treasury Note 912828K82 1.000% 12/12/16 WASPS 0.38 1.075% $ 3,000,000.00 FHLMCCallable 3134GAGN.0 LOW% 32/12/16 08/24/18 0.40 1.040% $ 3,000,000.00 FHLMCCaRable 3134GADR2 1.010% 08/30/16 08/28/18 0.41 Lola% S 2,000,000.00 Treasury Nate 912828203 0.750% 12/09/16 08/31/18 0.42 LOS7% S 2,000,000.00 Treasury Note 912828203 0.750% 11/30/16 08/31/18 0,42 1.066% S 3,000,000.00 FFCB Callable 3133EGTHS 1.030% 09/06/16 09/06/18 0.44 11030% $ 2,000,000.00 Treasury Note 91282OL40 1.000% 11/30/16 09/15/18 0.46 1.080% S 3,000,000.00 FFCB Callable 3133EGFXS 1010% 06/20/16 09/20/18 0.47 1.010% $ 200.000.00 FHLSCallable 313OA4C90 1.050% 09/28/16 09/28/18 050 Loso% $ 3,000,000.00 Treasury Note 912828742 0.750% 12/09/16 09/30118 0.So 1.078% $ 3,000,000.00 FHLB Bullet 313OA9AEI 0,875% 12/12/16 10/0I/IS 0.50 1.142% $ 3,000,000.00 FHL8 Callable 313OA9NHO 1.000% 30/11/16 10/11118 0S3 1.000% $ 2000,000.00 Treasury Note 912828LB15 0,875% 11/30/16 10/15/18 0.54 1.080% 5 3,000,000,00 Treasury Note 912828783 0.750% 12109116 10/31/18 0.59 1.093% $ 3,000,000.00 FFCB Callable 3133EGA70 0.970% 11/01/16 11/01/18 0.59 0.970% $ 2,000,000.00 FHLMCCanable 3134GAVWI 1.050% 12/28/16 12/07/18 0.61 1.285% S 3,000,000.00 TreasuryNote 912828M64 1.250% 03/27118 11/15/18 0.63 1977% S 3,000,000.00 Treasury Note 91282SN63 1.125% 03/27/18 01/IS/19 0.79 2.045% S 2,00.000.00 FHL8 Bullet 3130AAE46 1.250% 08/32/17 01/16/19 0180 1321% S 2,000,040.00 FNMA Bullet 313SGOM63 1.375% 12/06/17 01/28/19 0.83 1.649% $ 3.000,000.00 Treasury Note 412828VS6 I_I25% 03/28/18 01/31/19 0.84 2.061% S 3,000,000.00 FHLB Buffet 3130ADNES 1.875% OV16/18 021(12/19 0.87 2.000% S I ow 000.00 Treasury Note 912828P53 0.750% 03/27/18 02115119 0.88 2.064% $ 2,000,000.00 FNMA Bullet 3135GOIR4 1975% 02/16/18 02/19/19 0.89 2.016% 5 3,000,000.00 FHLMC Callable 3134GAW26 1.400% 02/28/17 02/25/19 0.91 1.400% S 2000,000.00 Treasury Note 912828SH4 1.375% 03/28/18 02/28/19 0.92 2.078% S 3,000,000.00 FHLB Bullet 3133782M2 1.500% 11/28/17 03/08/19 0.94 1.712% $ 2,000,000.00 Treasury Note 91282SP95 LOW% 03/28/18 03/15/19 096 2.102% S 3,000,000.00 FHLSCatiable 3230AAW79 1.350% 03/21/17 03/20/19 0.97 1.414% S 3,00.000.00 FNMA Bullet 3136GIGV56 I.250% 06/05/17 03/25/19 0.98 1.304% S .2000,000.00 TreasuryNote 912828W97 3.250% 09/14/17 03/31/19 1.00 1.332% S 2,000,000.00 FHLMC Bullet 3137EADZ99 1.125% 03/08/17 04/15/19 1.04 1.422% $ 3,000,000.00 FHLMC -iX Call 3134GBEG3 1.410% 04/26/17 04/26/19 1.07 1.410% S 2,000,000.00 Treasury Note 912829STS 1.750% 03/28/18 04/30/19 1.08 2.123% $ 3,000,000.00 FFCB Callable 3133EGA96 1.070% 11128117 05/01/19 1108 2,615% S 2,000,000.00 Treasury Note 91282SR44 0.875% 08/29/17 05/15/19 1.12 1.273% S 2,000,000.00 FHL88ullet 3130ABOX18 1.400% 05/24/17 05/24/19 1.15 1.425% S 2.OW,000.00 FHLMC Callable 3134GAXOS 1.125% 08/29/17 05/28/14 1.16 1.343% $ 2,000,000.00 FHLMC Bullet 3137EADGI 1.750% 22/06/17 05/30/19 2.16 1.789% S 3,000,000.00 FFCB Callable 3133EHLUS 1390% 06/05/17 06/05/19 1.18 1.390% S 2,000,000.00 FFCB Bullet 3133EHMR12 7.3751K 06112117 06/12/19 1.20 1.37S% S 2,000,000.00 FHLB Bullet 3130ASDS6 1325% 03,/08/17 06/21/19 1122 1.467% S 3,00.000.00 FHIB Bullet 313OA62GO 1.400% 03/3'1/17 06/27/19 1.24 1416% S 2000,000.00 TreasuryNina 912828TC4 1.000% 09114/17 06/30/19 1.25 1.336% S 3,000,000.00 Treasury Note 912828WS5 1.625% 11/30/17 06130/19 1.25 1.728% $ 3,000,000.00 FFCB Callable 3133EGJX4 1.080% 03/31117 07/05/19 1.26 1.481% $ 2,000,000.00 FHts Bullet 3130ASRS76 L46D% 07/12117 07/I2/19 1.28 1,460% $ 2000,000.00 FHLMC Buffet 3137EAE8I3 0.875% 03/31/17 07/19/19 1.330 1.394% S 2,000,000.00 FHta - I% 3130ASS21 1.375% 05/12/17 07/25/19 1.31 1375% $ 2000000,00 102 03131//8 Book Value Mo Cash Flow 1,999,900,00 $ 21979,390.00 S 5,000,000.00 $ 2,943,619.00 $ 2,977,710.00 $ 2,948,950.00 $ 1,994.060.00 $ 2,959,882.50 S 14,000,000.00 $ 2,000.000.00 $ 2,000,000.00 $ 2,993,430.00 S 2,997,600.00 S 2,996,718.75 S 13.000,000.00 $ 3,000,000.00 $ 1,999,780.00 $ 2,000,000.00 $ 2,9S2660.00 $ 2,984,296.88 5 13.000,000.00 $ 2,000,000.00 $ 1,991,020.00 S 2,000,000.00 $ 1,940,625.00 5 2985,234.38 S I1,000000.00 $ 1,994.000-00 S 2,996,250.00 $ 3,000,000.00 $ 2,000,000.00 $ 1,989,540,00 S 2,SS3,590.00 S 15,000,00000 S 2,000,000.00 $ 2,995,770.00 $ 2,000.000.00 $ 3,000,000.00 S 2,982,420,00 $ 13,000,000.00 $ 2,985,750.00 $ 2,000,000.00 $ 2,988,633.00 $ 2,980,80000 $ 11,000,000.00 S 2,000.000.00 $ 2,987,100,00 S 2,986,287.00 S 8,000,000.00 S 1,985,390.00 $ 1,998,060.00 5 2,989,020.00 $ 2,976,56150 S 10,000,000.00 S 2,996,34000 S 1,976,95240 $ 2,495,800.00 $ 2,000,000.00 $ 2,980,779.00 $ 13,000,000.00 S 1,994,640.00 S 2,968,593.00 S 2996,250.00 S 1,998,070.00 S 1,997,500.00 $ 12,000,000.00 S 2,981,619.00 $ 2,000,000.00 $ 2,971,875,00 $ 8,000,000.00 $ 1,984,700.00 $ 1,986,56250 $ 1,999,000.00 $ 1,992,50000 $ 2,998,290.00 S ILDGOAD0.00 s 2,000,000.00 $ 2ooD,oDo.oO $ 2976,949.00 S 1,999,312.00 5 2,982,18730 S 15,000,000.00 $ 2,995,200.00 5 1,982,200.00 $ 2,000,000.00 $ 1,976578.00 $ 2,000.000.00 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date March 31, 2018 Restricted Cash - Housing Account $351,910.89 Total Portfolio S 404521,654.46 Note: See separate investment report for OPER funds. 19 2 oft 03131118 Coupon! Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow Treasury Note 9128282K5 1.375% 212/18/17 07/31/19 1.33 1.817% $ 3,000,000.00 $ 2,978,906.25 $ 11,000,000.00 FHLMC Bullet 3137EAOK2 1.250% 03/30/17 08/01/19 1.34 1.402% $ 3,000,000.00 S 2,989,560.00 FFCB Bullet 3133EHUK7 1.400% 08/14/17 08/14/19 1,37 1.400% S 2,00%000.00 $ 2,000,000.00 FHLB Callable 3130ASWK0 1.500% 08/22/11 08/22/19 1.39 1.500% $ 2,000,000.00 S 2,000,000.00 FNMA Bullet 3135GOP49 1.000% 05/05/17 08/28119 1.41 1.442% S 2,000,000.00 S 1,979,946.00 Treasury Note 912828080 1.625% 11/30/17 08/31%19 1.42 1.752% $ 3,000,000.00 $ 2,993,437.50 $ 12,000,000.00 FHLMC Callable 3134GA7A6 1.500% 05/11/17 09/09/19 1.44 1.500% S 2,000,000.00 S 2,000,000.00 FNMA Callable 3135GOPS6 1.250% 11/30/17 09/20/19 1.47 1.842% 5 2,000,000.00 $ 1,979,060.00 FHLB Bullet 3130A9EP2 1.D00% 05/10/17 09/26/19 1.49 1.436% S 2,000,000.00 5 1,979,660.00 FHLB Bullet 313OA9EP2 1.000% 05/11/17 09/26/19 1.49 1.435% $ 2,000,000.00 $ 1,979,750.00 $ 8,000,000.00 FHLMC Bullet 3137EADM8 1.25096 05/04/17 10/02/19 1.51 1.451% $ 3,000,000.00 $ 2,985,780.00 FFCB Callable 3133EGXK6 1.120% 12/21/17 10/11/19 1.53 1.946% $ 2,000000.00 5 1,970,800.00 FHLB Bullet 3130ASTO89 1.450% 07/18/17 10/18119 1.55 1.450% $ 2,000,000.00 S 2,000,000.00 FNMA Bullet 3135GOR39 1.000% 06/30/17 10124/19 1.57 1.425% 5 2,000,000.00 S 1,980,694.00 Treasury Note 91282SF62 1.500% 12/12/17 10/31119 1.59 1.797% 5 3,000,000.00 $ 2,983,560.00 S 12,000,000.00 FFCB Callable 3133EGA62 1.160% 11/30/17 11/01/19 1.59 1.866% $ 2,000,000.00 $ 1,973,500.00 FHLB Bullet 3130AA3R7 1.375% 06/30/17 11/15/19 1.63 1.433% $ 2,OOD,000.00 $ 1,997,300.00 $ 4,000,000.00 FFCB Callable 3133£G1V8 1.200% 12/08/17 01/06/20 1.77 1.955% S 2,000,000.00 S 1,969,400.00 Treasury Note 91282SV31 1.375% 12/18/17 01/15/20 1.79 1.845% S 3,000,000.00 $ 2.971,406.25 FNMA Bullet 313SGOA78 1.625% 12108/17 01/21120 1.81 1.862% $ 3,000,000.00 $ Z985,270.00 $ 8,000,000.00 FFCSCaliable 3133EHR70 1.740% 11/14/17 02/14/20 1.88 1.740% $ 2,000,000.00 S 2,000,000.00 FFCB Callable 3133EGAES 1.360% 12/21/17 02/1.8/20 1.89 1.991% S 3,000,000.00 $ 2,960,160.00 FNMA Bullet 3135GOT29 1.500% 10/23/17 02/28/20 1.92 1.688% S 2,000,000.00 S 1,991,360.00 $ 7,000,000.00 FFCB Callable 3133EHLX2 1.500% 10/23/17 03/05/20 1.93 1.716% $ 2,000,000.00 S 1,990,000.00 Treasury Note 91282BW63 1.625% 12/12/17 03/15/20 1.96 1.845% $ 3,000,000.00 $ 2,985,420.00 FHLMC 3134GBES4 1.700% 1V21/17 03/27120 1.99 1.776% $ 2,000,000.00 $ 1,996,500.00 $ 7,000,000.00 FFCB Callable 3133EHCSO 1.680% 03/13/18 04/03/20 2.01 2.316% S 2,000,000.00 $ 1,974,600.00 Treasury Note 912828X21 1.50096 12/12/17 04/15120 2.04 1.857% $ 3,000,000.00 $ 2,975,580.00 FHLMC Bullet 3137EAEF2 1.375% 11/21/17 04/20/20 2.06 1.858% 5 2,000,000.00 $ 1,977,300.00 FHLMC Callable 3134GBM 1.750% 10/30/17 04/30/20 2.08 1.750% $ 2,000,000.00 $ 2,000,000.00 $ 9,000,000.00 FHLMCBuIlet 3137EAOR7 1.375% 11/21/17 05/01/20 2.09 1.823% $ 2,000,000.00 $ 1,978,660.00 FHLB -1X 313GACN83 1.700% 11/21/17 05/15/20 2.13 1.869% $ 2,000,000.00 $ 1,991,800.00 FFCB Callable 3133EHT78 1.830% 12/21/17 05/20/20 2.14 2.013% 5 3,00,000.00 S 2,987,040.00 FNMACaliable 3136454LQ4 1.750% 12/08/17 05118120 2.16 1.875% S 3,000,000.00 S 2,991,000.00 5 10,000,000.00 FFCB Callable 3133EJEKI 2.450% 03/01/18 06/01/20 2.17 2.450% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 313383HU8 1.750% 03/23/18 06/12/20 2.20 2.399% $ 2,000,000.00 $ 1,972,080.00 FHLBCallabie 3130ABNQS 1.625% 12/08/17 06/26/20 2.24 1.907% S 2,000,000.00 $ 1,986,000.00 FNMACaIlable 3136G3UR4 1.380% 03/23/18 06/30/20 2.25 2.443% $ 3,000,000.00 $ 2,929,950.00 S 10,000,0DO.Oo FHLBCallable 3130ABNV4 1.750% 03/15/18 07J13/20 2.29 2.41996 $ 3,000,000.00 S 2,954,790.00 FNMA Bullet 3135GOT60 1.500% 03/15/18 0713C/20 2.33 2.351% $ 3000,000,00 $ Z941,350.00 S 6,000,000.00 FFCBCallable 3133EHUEI 1.6$096 03/19/18 08/10120 2.36 2.372% S 2,000,000.00 5 1,966,600.00 FHLBCatlable 3130ACTKO 1.875% 03/19/18 08/25/20 2.41 2.379% $ 3,000,000.00 $ 2,964,420.00 S 5,000,000.00 FHLBCailabio 3130ADSFO 2.500% 03/29/18 09/29/20 2.50 2.500% S 3,000.000.00 S 3,000,000.00 $ 3,000,000.00 Sub Total- General Imestments S 284,000,000.00 S 282,618,636.01 $ 254,000,000.00 Regions Bank Money Market $16,506,274.84 Regions Lockbox Accounts $5,832,955.15 TO Bank Checking Account $16,228,985.91 Wells Fargo Bank Checking Account 5427,768.02 BankUnited Money Market $34,769,132.03 National Bank of Commerce CO 0.850% 05/11/17 05/11/18 0.11 $6,118,190.09 Ooulina Bank CO 0.880% 04/23/16 04/26/18 0.07 $2,033,978.27 Valley National Bank Government Interest Checking $15,096,169.73 Marine Bank Business Money Market $5,017,66782 Total General Cash & Equivalents - Unrestricted $ 384,649,757.87 Restricted Cash -Bond Covenants /held by 8NY1Mellonl Fidelity Institutional Treasury Money Market -Utilities Debt Service Reserve $ 41,690.36 Treasury Note 91282SR93 0.625% 06/30/16 06730/18 0.25 0.745% 51,480,000.00 $1,475,693.20 Treasury Note 91282SU40 1.000% 11/30/16 11/30/18 0.67 1.085% $1,030,000.00 $1,023,078.40 Treasury Note 912828XV77 1,250% 06/30/17 06/30/19 1.25 1.345% S1,610,000.00 $1.591.388.40 Total Restricted Bond Reserve - adjusted for fair market value 54,131,850.36 Restricted Cash - Landfill FACC-Florida Loral Govt Investment Trust -Landfill Closure 8 Postclosure Reserves - adjusted for fair mkt value S 13,575,836.73 Total Pooled Cash 3 Equivalents S 402,357,444.96 Restricted Cash - Health Insurance TO Bank - BCBS Claims Account 51,729,298.61 Citibank - BCBS Imprest Acct $84,000,00 Total Restricted Cash - Health Insurance $1,812,298.61 Restricted Cash - Housing Account $351,910.89 Total Portfolio S 404521,654.46 Note: See separate investment report for OPER funds. 19 2 oft Schedule 3 Indian River County Portfolio By Maturity Date March 31, 2018, $300,000,000 $257,890,603 $250,000,000 $200,000,000 $150,000,000 $104,039,881 $100,000,000 $50,000,000 42;59Y170 0-12 Months 13-24 Months 25-36 Months Total Portfolio $404,621,654 20 Schedule 4 Indian River County Portfolio By Type March 31, 2018 FLGIT - Landfill 3.37% LIT Reserve 1.03%I Treasury Notes 24.97% Regions Bank Wells Fargo Bank 0.11% BankUnited $ Mkt 8.6 Marine Bank 1.25% CB 11.13% .7 7 FNMA 6.90% Valley Natl Bank 3.75% TD Bank Checking 4.03% FHLMC 12.14% lina Bank CD 0.51% FHLB 15.10% Natl Bk Comm CD 1.52% 21 Schedule 6 Indian River County Investment Purchases and Calls/Maturittes Quarter Ending March 31, 2018 PURCHASES: Investment Description Yield to Maturi Purchase Date Call Date Maturity Date Par Amount Book Value FHLB Buffet 2.00% 02/16/18 02/12/19 $3,000,000 $2,996,340.00 FNMA Bullet 2.02% 02116/18 02/19/19 53,000.000 52,995,800,00 FFCB Callable 2.45% 03/01/18 06/01/18 06101/20 $3,000,000 S3,000,000.00 FFCB Callable 2.32% 03/13/18 04/03/18 04/03/20 $2,000,000 $1,974,600.00 FHLB Callable 2.42% 03/15/18 04/13/18 07113/20 $3,000,000 52,954,790.00 FNMA Bullet 2.35% 03/15/18 07/30/20 53,000,000 $2,941,350.00 FFCB Callable 2.37% 03/19/18 08/10/18 08/10/20 $2,000,000 $1,966,600.00 FHLB Callable 2.38010 03/19/18 05/25/18 08/25/20 $3,000,000 $2,964,420.00 FHLB Bullet 2.40% 03/23/18 06/12/20 $2,000,000 $1,972,080.00 FNMA Callable 2.44% 03/23/18 06/30/18 06/30/20 $3,000,000 $2,929,950.00 Treasury Note 1.98% 03/27/18 11/15/18 $3,000,000 $2,986,287.00 Treasury Note 2.05% 03/27/18 01/15/19 $2,000,000 51,985,390.00 Treasury Note 2.06% 03/27/18 02/15/19 52,000,000 S1,976,952.00 Treasury Note 2.06% 03/28/18 01/31/19 $3,000,000 $2,976,562.50 Treasury Note 2.08% 03/28/18 02/28/19 53,000,000 $2,980,779.00 Treasury Note 2.10% 03/28/18 03/15/19 $3,000,000 $2,968,593.00 Treasury Note 2.12% 03/28/18 04/30/19 53,000,000 52,971,875.00 FHLB Callable 2.50% 03/29/18 06/29/18 09/29120 $3,000,000 53,000,000:00 18 $49,000,000 548,542,368.50 MATURITIES: Investment Description Yield to Maturity Purchase Date Early Call Date Maturi Date Par Amount Book Value FHLMC Bullet 0.89% 03/02/16 01112/18 53,000.000 $2.992,500.00 Treasury Note 0.85% 11/18/16 01131/18 53,000.000 $2,996,430.00 FNMABullet 0.93% 01/20/16 02!08118 52,000,000 51,997,800.00 FFCB Bullet 0,80% 02/12/16 02/12/18 52,000,000 $2,000,000.00 Treasury Note 0:75% 03/31/16 02/28/18 52,000.000 $2,000,000.00 Treasury Note 1,00% 12104/15 02/28/18 $3,000,000 $2,983,140.00 FHLMC Bullet 1.02% 03/17/16 03/07/18 52,000,000 $1,994,380.00 Treasury Note 1.06% 12/04/15 03/15/18 $3,000,000 $2,996,250.00 FHLB Bullet 1.00% 12/12/16 03/19/18 $3.000,000 $2,995,284.00 9 S23,000,000 $22,955.784,00 57,032,051.51 48,542,368.50 22,955,784.00 82,618,636.01 22 October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cashlinvestment Accounts Comparison of Six Fiscal Years March 31, 2018 5 7,955 Fiscal Year 2012-2013 Net Chane End Bal" $ (4,325,867) _Month $ 293.979,198 S 16;251,425 S 310,230,623 S 29,931,173 S 340.161,796 $ 130,635 $ 340,292,431 $ (2,486,081) $ 337,806,350 S (2,787,582) S 335,018,768 S (8,244,064) $ 326,774.704 $ (4,598,588) S 322,176,116 S (4,334,609) S 317,841,507 $ (4,470,572) S 313,370,935 $ (10,017,849) S 303,353,086 $ 5,040,036 S 298.313,050 5 7,955 $ 15,095,052 Fiscal Year 2015-2016 Net Change Month End Bal' $ (8,105,518) S.. 298,115,481 $ 25,830,326 $ 323,945,807 $ 35,536,011 $ 359,481,818 $ (373,573) $ 359,108,245 $ 906,675 $ 360,014,920 $ 256,335 $ 360.271,255 S (5,220.820) S 355.050,435 S (2,730,213) S 352,320,222 $ (8,065,869) S 344,254,353 $ (7,588,170) S 336,666,183 S (8,369,612) S 328,296,571 S 6.977,510 $ 321,319,061 $ 15,095,052 5 47,340 Fiscal Year 2013-2014 Net Chane Month End Bal' Month End Bal' S (7,076,226) $ 291,236,824 $ 13,411,135 $ 304,647,959 S 33,565.914 S 338.213,873 $ (1,632,096) 1i 336,581,777 $ (1,988,485) $ 334,593,292 S (474,129) S 334,119,163 S (6,034,807) $ 328,084,356 $ (5,237,557) $ 322,846,799 S (11;441,367) $ 311,405,432 S (3,166,797) S 308,238,635 $ (8,103,393) S 300,135,242 S 1774.852 S 298.360.390 5 47,340 s 15,157,13/ Fiscal Year 2016-2017 Net Chane Month End Bal' Month End Bal' S (6,856,660) $ 314,462,401 $ 29,862,090 $ 344,324,491 $ 37,277,098 $ 381,601,589 $ (931,868) S 380,669,721 $ (2,015,776) S 378,653,945 S 442,916 $ 379,096,861 S (2,740,420) $ 376,356.441 $ (4,378.477) $ 371,977,964 $ (6,628,797) S 365,349,167 $ (10,868,408) S 354,480,759 S (9,027,471) $ 345,453,288 S 5,877,090 S 339,576,198 s 15,157,13/ S f.abu,bu9 Fiscal Year 2014-2015 Net Chane Month End Bal' $ (10,422,694) S 287,937,696 $ 19,342,864 $ 307,280,560 S 35,786,179 S 343,066,739 S (285,799) $ 342,780,940 $ (2,801,802) $ 339,979,138 $ 281,107 $ 340,260,245 S (6,111,791) $ 334,148,454 $ (4,947,796) $ 329,200,658 $ (6,122,052) S 323,078,606 S (8,447,944) $ 314,630,662 S (9,274,059) S 305,356,603 S 864,396 S 306.220,999 S f.abu,bu9 $ 61,654,395 'Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes two health insurance bank accounts utilized by BCBS and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 23 Fiscal Year 2017-2018 Net Chane Month End Bal' S (7,971,324) S 331,604,874 $ 33,131,597 S 364,736,471 $ 41,846,074 $ 406,582,545 $ (5,758,898) S 400,823,647 $ 5,191,358 $ 406.015,005 S (4,784,411) $ 401.230,594 $ 61,654,395 'Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes two health insurance bank accounts utilized by BCBS and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 23 ��yr g� ba a -pad 6p'OQpoO OC art r.%! a"�o oa--R--- O o o �- -.++ -----$ ----- p SSS^"$SwX%% `°� Oil O0o00oea� 's OdQg-O 06Qe-jy_.•. . $b g0, 34or`.n�aiem $r, Q0:Z'. X01t �.ngz gunk —AFI«FrS2��R�`� RtiR�R�R. »r »K.�aR 3 o aeem�oc400b O O tFrf%rxXY^ ___ _a���S aoD000ao xp»� �S$SS$ N'iKKrvi r"riN K do --+.- .�HHKH ».»............ »a »wn,»»rXfr ...... �ananig ".r b C -- i »wwwwwww»»w" »»ww»ww»ww ww »w»ww» 669M669619 ............19m6 06111 ............ 0 0 0 0 0 0 p Hes tieiK h'ni r+rriH n n NKrt«hNNH n n« « ¢ L »YXYrXfN%X XXX» »xx» KMw O O p O o »w. � yt a ooao.DOD400 o ------- ------- a"rt R »»ww»w»»www» »w»-------»» ------ 61111999,161 1619M MA,fill *1 w»www»»»»»-w w»wwwww»www» »www-» xo Y RXrrrrnX Yon XrrXX%XrXX%X rXorYc e' C Saffi9���Qaoo p33��S�3�83� ��..SS. Lu 00044ebe oeenpo400pp peopaa y HHN«ry KK«HHniH.-.. .- - -• -- 4 CCC Sw ed»Xord ,a o"" pw�o.Xir�w Hitt AMM 0 0 0 0 4 0 0 4 0 D O p 0 6 n a p n O ..... 0 0 0 0 V o o < CC S R$RHfin,-Ui e^3 H wwwwww. www. rrXrY Y%XX9YX YXrXXXX» aoo-aoaebiooae eaoeoeeSS a # A .......... eeopeDeDa »w»w»www»www wwwww»www � is Ooodo 0006pPDaa00p o g yiy KHN'N A'riN 'HHH HNriH---".=." pp q 3' »www»wwrwwwM w»»w»w»wwwww ww»www fr�$ C r XX XXX X" Y X rXXXf X X fiats QQDaD- canto g » »» « g - - s�l8 z_gs-» N Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of March 31, 2018 General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Solid Waste Funds. Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds GIS Fund Escrow Funds Total Investments Pooled Investments $ 71, 978, 866 $ 81,795,565 $ 7,768,214 $ 77,937,272 $ 35,376,278 $ 845,378 $ 7,248,809. $ 86,007,757 $ 365,134 $ 28,380,013 $ 440,132 $ 3,087,176 $ 401,230,594 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Excludes two health insurance bank accounts utilized by BCBS for claims and the Section 8 HUD bank account. Schedule does not include OPEB investments - see separate report. 25 Mul JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: April 30, 2018 F SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 3/31/2018 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the second quarter of this fiscal year. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on April 26, 2018. RECOMMENDATION Staff recommends That the Board of County Commissioners accept the attached Quarterly OPER Trust Report. 26 Investment Activity_ SHORT TERM PORFION (Near -Term Disbursement Needs) 100% Cash Equivalents 100% Fidelity Treasury Money Market Short -Term Portion Total LONG TERM PORTION (future Obligations) SO%Equities 22.5% Vanguard 500 Index 20.0% Vanguard FTSE All -World 5.0% Vanguard Mid Cap Index 2.5% Vanguard Small Cap index 50.0% SO% Equities Subtotal 40% Fixed Debt Securities 30.0% Vanguard Short Term Treasury 10.0% Vanguard Intermediate Treasury 40.0% 40% Fixed Debt Securities Subtotal 10% Cash Equivalents Vanguard Prime Money Market Vanguard Federal Money Market 10.0% 10% Cash Equivalents Subtotal 100.0% Long -Term Portion Total Portfolio Total Performance; Indian River County Other Post Employment Benefits Trust Quarter Ended March 31, 2018 Income/Mk to 12/31/17 value Purchases Mkt Current Withdrawals Transfers 3/31/18 Value Allocation S 254,293 $ (205,000) $ 216 $ (413) S 49.096 100.0% $ 254,293 $ (205,000) $ 216 $ (413) S $ 49,096 100.0% 3 months US Govt Money Market Funds Avg. Long -Term Portion: , 6,645,593 (52,806) -0.79% 6,592,787 22.3% 5,783,205 Vanguard FTSE All -World 20,000 (30,355) 3 months 5,772,850 19.61A 1,473,712 1.64% 3 months (192) Vanguard Small Cap Index 1,473,520 S.0% 747,223 Spliced Small Cap Index Total - 50% Equities (Blended) (1,780) -0.66% 745,443 2.5% $ 14,649,733 $ 20,000 $ (85,133) $ - $ - S 14,584,600 49.4% 8,515.051 3 months 415,000 (26,522) -0.56% 8,903,529 30.2% _ 2,850,732 Vanguard Prime Money Market 180,000 (38,321) 3 months 21992,4ll 10.2% S 11,365,783 S 595,000 $ (64,843) $ - 5 - 5 11,895,940 40.4% 2,548,265 205,000 9,102 -0.58% 2,762,367 9.5% 207,807 $ 635 208,442 0.7% $ 2,756,072 5 205,000 $ 9,737 $ 5 - $ 2,970,809 10.2% 5 28,771,588 5 $20,000 S (140,239) $ $ $ 29,451,349 100.0% $ 29,025,881 5 615,000 $ (140,023) S (413) 5 S 29,500,445 100.0% Security/Grouping Return Benchmark Benchmark Tlmeframe Benchmark Index Short -Term Portion: Fidelity Treasury Money Market 0.371A 0.20% 3 months US Govt Money Market Funds Avg. Long -Term Portion: , Vanguard 500 Index -0.79% 476% 3months S&P 500 Index Vanguard FTSE All -World -0.S2% -1.19% 3 months FTSE All -World ex US Vanguard Mid Cap Index -0.01% 1.64% 3 months Spliced Mid Cap Index Vanguard Small Cap Index -0.24% -0.22% 3 months Spliced Small Cap Index Total - 50% Equities (Blended) -0.58% -0.66% 3 months Vanguard Short Term Treasury -0.30% -0.40% 3 months Barclays US 1.5 Yr Treasury index Vanguard intermediate Treasury -1.30% 4.51% 3 months Barclays US 5.10 Yr Treasury Index Total -40% Fixed Debt (Blended) -0.56% -0.68% 3months Vanguard Prime Money Market 0.34% 0.26% 3 months US Gov't Money Market Funds Avg. Vanguard Federal Money Market 0.31% 0.20% 3 months Money Market Funds Avg. Total- 10% Cash Equivalents (Blended) 0.34% 0.26% 3 months Total Long -Term (Blended) -0.48% -0.58% 3 months Total Portfolio (Blended) -0.48% -0.58% 3 months 27 BNY MELLON The Bank of New York Mellon Trust Company. N.A. INDIAN RIVER COUNTY Account Statement FINANCE DIRECTOR Statement Period 01/01/2018 Through 1801 27TH STREET BLDG A 0313112 VERA BEACH, FL 32960.3388 Account 179137 �' r INDIAN RIVER CO OPER TRUST L CLIENT SERVICE MANAGER: TINA GONZAL Go Paperless. Securely access your account online to view your statements. 10161 CENTURION PARKWAY N Ask your BNY Mellon contact how we can help you access your accounts, enter JACKSONVILLE, FL 32256 your own transactions or submit an audit confirmation online. Also be sure to 904-998-4732 ask how Connect(SM), our new web -based, single sign -on platform can help you TINA.GONZALEZ@BNYMELLON.COM go paperless. Visit us at www.bnymellon.com Account Overview Percent of ell Investments Asset Classification Market Value 49% 0. EQUITY Ak51% 14,584,600.32 a OTHER 14 866,748.59 <1% CASH AND SHORT TERM 49 095.70 100% TOTAL OF ALL INVESTMENTS 29,500,444.61 Summary of Assets Held Asset Classification Market Value cost Accrued Income Est Annual Income Market Yield EOUITY 14,584,600.32 9,977,017.02 0.00 0.00 0.00% OTHER 14,866,748.59 14,235,889.24 0.00 0.00 0.00% CASH AND SHORT TERM 49 095.70 49,095.70 0.00 624.45 1.27% ACCOUNT TOTALS 29,500,444.61 24,262,001.96 0.00 624.45 0.00% Summary of Cash Transactions Current Period Year4o-Date Transaction category Income Principal Realized GainslLosses Income Principal OPENING BALANCE 1,004,097.57 1,004,097.57 - 1,004,097.57 1,004,097.57 - DIVIDENDS 103,195.52 94.870.73- 0.00 103,195.62 115,398.50 - SALES AND REDEMPTIONS 0.00 820,000.00 0.00 0.00 820,000.00 OTHER CASH ADDITIONS 0.00 615.000.00 0.00 0.00 615,000.00 OTHER CASH DISBURSEMENTS 0.00 412.50- 0.00 0.00 412.50- 12.50-PURCHASES PURCHASES214.90- 1,442.697.39 - 0.00 214.90- 1,442,697.39 - CLOSING BALANCE 1,107,078.19 1,107,078.19 - 0.00 1,107,078.19 1,107,078.19 - The above cash transactions summary is provided for Information purposes only and may not reflect actual taxable income or deductible expenses as reportable under the Internal Revenue Code. I 28 a Page 17 of 30 Page 1 of 8 *t� AW BNY MELLON Th. Rwnk ei Narr Vnrk U din. YnrM W E Statement Period 01/01/2018 Through 03131/2018 Account 179137 IMMAAl DI\/CD t ^ 11DC0'YDr ICT Statement of Assets Held Shares t Market Price Market Value Accrued Income Per Value Asset Description Average Cost Cost Est Annual Income Marlcat Yield EQUITY 269,885 A73 VANGUARD FTSE ALL WORLD EX US INDEX FUND 21,39000 5,772,850.27 0.00 0.00% CUSIP: 922042791 17.57447 4.743,093.20 0.00 27,040.675 VANGUARD 500 INDEX FUND 243.81000 6,592,786.97 0.00 0.00% CUSIP.922908108 '146.59526 3,964,034.66 0.00 10,588.676 VANGUARD SMALL -CAP INDEX FUND 70.40000 745,442.79 0.00 0.00% CUSIP: 922908702 40.69591 429,856.90 0.00 35,000.482 VANGUARD MID -CAP INDEX FUND 42.10000 1,473,520.29 0.00 0.00% CUSIP: 922908843 24.00059 840,032.26 0.00 Total EQUITY 14,584,600.32 0.00 0.00% 9,977,017.02 0.00 OTHER 208,441.450 VANGUARD FEDERAL MONEY MARKET FUND 1.00000 208,441.45 0.00 0.00% CUSIP:922WS300 1.00000 208,441.45 0.00 275,290.831 VANGUARD INTERMEDIATE-TERM TREASURY FUND 10.87000 2,992,411.33 0.00 0.00% CUSIP:922031802 10,51918 2,895,834.43 0.00 2,762,367.140 VANGUARD PRIME MONEY MARKET FUND 1.00000 2,762,367.14 0.00 0.00% CUSIP: 922906201 1.00000 2,762,367.14 0.00 849,573.346 VANGUARD SHORT-TERM TREASURY FUND 10.48000 8,903,528.67 0.00 0.00% CUSIP: 922031703 9.85112 8,369,246.22 0.00 Total OTHER 14,666,748.59 0.00 0.00% 14,235,889,24 0.00 CASH AND SHORT TERM 48.705560 FIDELITY INVESTMENT MM TSY 3 696 1.00000 48,705.56 0.00 1.27% CUSIP: XSUS00002 1.00000 48,705.56 619.49 390.140 FIDELITY INVST M MKT TRSY 696 1.00000 390.14 0.00 1.27% CUSIP: X9US00002 1.00000 390.14 4.96 Total CASH AND SHORT TERM 49,095.70 0.00 1.27% 49,095.70 624.45 ACCOUNT TOTALS 29,500,444.61 0.00 0.00% 24,262,001.96 624.45 Total Market Value Plus Total Accrued income 29,500,444.61 Statement of Transactions Transection Realized Date Transaction Descripilon Income Principal Cost Gains/Losses 01/01/18 OPENING BALANCE 1,004,097.57 1,004,097.57 - 23,544,218.94 01/02118 Dividend 0.00 10,104.26- 10,104.26 0.00 VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 957.750 SHARES 01102/18 Dividend 10,104.26 0.00 0.00 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DN RATE:.01 EX 12312017 PAY 01022018 CUSIP 922031703 807,113.828 SHARES 01/02118 Dividend 4,495.30 0.00 0.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIV RATE:.02 EX 12312017 PAY 01022018 CUSIP 922031802 257,518.680 SHARES 01/02118 Dividend 0.00 4,49S,30- 4,495.30 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP 922031802 406.079 SHARES 01/02/18 Dividend 2,814,19 0.00 0.00 0.00 VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 12312017 PAY 01022018 29 Page 18 of 30 Page 2 of 8 n J J BNY MELLON The Bank of Now York Mellon Trust Company. N.A. Statement of Transactions -Continued Transaction Onto Transaction Description CUSIP 922906201 2,548265.320 SHARES 01/02/18 Dividend VANGUARD PRIME MONEY MARKET FUND CUSIP 922906201 2,814.190 SHARES 01/02/18 Dividend VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922906300 201.970 SHARES 01/02/18 Dividend VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 12312017 PAY 01022018 CUSIP 922906300 207,806.380 SHARES 01/02/18 DAILY ENDING BALANCE 01/03/18 Purchase FIDELITY INVST M MKT TRSY 696 TRADE DATE 01103/18 SETIDATE 01/03/18 CUSIP X9USD0002I 94.780 SHARES 01/03118 DMdend FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 01/03/18 SET/DATE 01/03/18 CUSIP X9USD0002 94.780 SHARES 01/03/18 DAILY ENDING BALANCE 01/05/18 Purchase VANGUARD SHORT-TERM TREASURY FUND 1180040268106 TRADE DATE 01AWIS SETIDATE 01105118 CUSIP 922031703 7,115.750 SHARES 01105!18 Purchase VANGUARD PRIME MONEY MARKET FUND 1180040268260 TRADE DATE 01/04/18 SET/DATE 01/05/18 CUSIP 922906201 130,000.000 SHARES 01105/18 Sale FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 01/05/18 SET/DATE 01/05/18 CUSIP X9USD0002 205,000.000 SHARES 01/05/18 DAILY ENDING BALANCE 01/23/18 Purchase FIDELITY INVESTMENT MM TSY 3 696 f TRADE DATE 01/23/18 SET/DATE 01/23/18 p CUSIP X9US00002 205,000.000 SHARES 01/2VIS Cash Credit ORD OUSTY4308081798 INDIAN RIVER COUNTY BOCC CONCENTRATION ORD INST:TD BANK, NA WILMINGTON, DELAWARE DETAIL:MONTHLY FUNDING IMA:20180123C1B76EIC001394 FTS:FDF1801230765000 01/23/18 DAILY ENDING BALANCE 01/24/18 Purchase VANGUARD SHORT-TERM TREASURY FUND i180230242693 TRADE DATE 01/23/18 SET/DATE 01/24/18 CUSIP 922031703 Page 19 of 30 Statement Period 01/01/2018 Through 03/31/2018 Account 179137 Income Principal 94.78- 0.00 0.00 2,814.19- ,814.19-0.00 0.00 201.97 - 201.97 0.00 1,021,713.29 1,021,713.29 - 94.78- 0.00 94,78 0.00 coat I 0a1t11YLbases 2,814. r � 201.97 0.00 23,561,834.66 94.78 0.00 1,021,713.29 1,021,713.29 - 23,561,929.44 0.00 76,000.00- 76,000.00 0.00 0.00 1,021,713.29 0.00 0.00 1,021,713.29 0.00 130,000.00 - 130,000.00 205,000.00 205,000.00 - 1,021,71329 - 23,561,929.44 205,000.00 - 205,000.00 205,000.00 0.00 1,021,713.29 - 23,766,929.44 105,000.00 - 105,000.00 Page 301 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 i f i I 0.003 0.00 BNY MELLON Statement Period 01/01/2018 Through 03/31/2018 Account 179137 Ing nems Of NOW TOM aMeraM 01151 company. n.& INDIAN H1VEH GU UPE6 TRUST Statement of Transactions - Continued Transaction Realized Date Tranarction Description Income Principal Coat Gafnalosaes 9,990.485 SHARES 01/24/18 Purchase VANGUARD INTERMEDIATE-TERM TREASURY FUND 1180230242691 TRADE DATE 01/23/18 SETIDATE 01/24118 CUSIP 922031802 9,132.420 SHARES 01/24118 Sale FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 01/24118 SETIDATE 01/24/18 CUSIP XSUSD0002 205,000.000 SHARES 01/24/18 DAILY ENDING BALANCE 02/01/18 Purchase VANGUARD INTERMEDIATE-TERM TREASURY FUND TRADE DATE 02/01/18 SET/DATE 02/01/18 CUSIP 922031802 427.084 SHARES 02/01/18 Purchase VANGUARD PRIME MONEY MARKET FUND TRADE DATE 02/01118 SET/DATE 02101Aa CUSIP 922906201 3.240.930 SHARES 02/01/18 Purchase VANGUARD FEDERAL MONEY MARKET FUND TRADE DATE 02/01118 SET/DATE 02/01/18 CUSIP 922906300 222.290 SHARES 02/01/18 Dividend VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE:.01 EX 01312018 PAY 02012018 CUStP 922031703 825,177.813 SHARES 02/01/18 Dividend VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 1.045.729 SHARES 07/01/18 DWend VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH FOR DRIP CASH FOR DRIP TRADE DATE 02/01/18 SET/DATE 02101!18 CUSIP 922031802 4,646.670 SHARES 02/01/18 Dividend VANGUARD PRIME MONEY MARKET FUND CASH FOR DRIP CASH FOR DRIP TRADE DATE 02/01/18 SET/DATE 02/01/18 CUSIP 922906201 3,240.930 SHARES 02/01/18 Dividend VANGUARD FEDERAL MONEY MARKET FUND CASH FOR DRIP CASH FOR DRIP TRADE DATE 02/01/18 SET/DATE 02/01/18 CUSIP 922906300 222.290 SHARES 02101/18 DAILY ENDING BALANCE 02r02/18 Purchase FIDELITY INVST M MKT TRSY 696 TRADE DATE 09102/18 SETIDATE 02/02/18 CUSIP X9USD00021 65.600 SHARES 02102/18 Dividend FIDELITY INVESTMENT MM TSY 3 696 Page 20 of 30 0.00 100,000.00- 100,000.00 0.00 205,000.00 205,000:00 - 1,021,713.29 0.00 0.00 0.00 10,969.70 0.00 4,646.67 3,240.93 222.29 1,040,792.88 65.50 - 65.50 1,021,713.29 • 23,766,929.44 4,646.67. 4,646.67 0.00 1 0.00 1 0.00 Q.00 3,240.93 - 3,240.93 0.00 1 222.29- 222.29 0.00 1 0.00 0.00 0.00 1 10,969.70- 10,969.70 0.00 I 0.00 0.00 0.00 1 0.00 0.00 0.00 0.00 0.00 0.00 1 1,040,792.88 - 23,786,009.03 0.00 65.50 0.00 0.00 i1 Page 4 of 8 0.00 0.oa 0.00 1 BNY MELLON Statement Period 01/01/2018 Through 03131!2018 Account 179137 the tsar o, NOW Tont mmnm rrusa wmpanY. n.p. INUTAN HIVtH L;U UF'tb I HUS7 Statement of Transactions - Continued Transaction Realized Data Transection De=dptlon Income Principal Cost Gainsll.osses TRADE DATE 02/02/18 SETIDATE 02/02118 CUSIP X9USD0002 65.500 SHARES 02/02/18 DAILY ENDING BALANCE 1,040,792.88 1,040,782.88 - 23,786,074.53 02!23/18 Purchase 0.00 205,000.00 - 205,000.00 (� 0.0� FIDELITY INVESTMENT MM TSY 3 696 �� TRADE DATE 02/23/18 SET/DATE 02123118 CUSIP X9USD0002 > y Li L L" �V 205,000.000 SHARES 02/23118 Cash Credit 0.00 205,000.00 0.00 0 ORD CUST14308981798 INDIAN RIVER COUNTY BOCC CONCENTRATION ORD INST:TD BANK, NA WILMINGTON, DELAWARE DETAIL:MONTHLY FUNDING IMA:20I 80223C t B76E l C002384 FTS:FDF1802231096600 02/23/18 DAILY ENDING BALANCE 1,040,792.88 1,040,792.88 - 23,991,074.53 0.00 02/26/18 Purchase 0.00 175,000.00 - 175,000.00 0.00 VANGUARD SHORT-TERM TREASURY FUND 1180540241910 TRADE DATE 02/23/18 SETIDATE 02126/18 CUSIP 922031703 16,714.422 SHARES 02/26/18 Purchase 0.00 30,000.60- 30,000.00 0.00 VANGUARD INTERMEDIATE -TEAM TREASURY FUND 1180540242396 TRADE DATE 02/23/18 SETIDATE 02/26/18 CUSIP 922031802 2,772.643 SHARES 02/26/18 Sale 0.00 205,000.00 205,000.00 - 0.00 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 02/26/18 SETIDATE 02126/18 CUSIP X9USD0002 205,000.000 SHARES 02126/18 DAILY ENDING BALANCE 1,040,792.88 1,040,792.88 - 23,991,074.53 0.00 03!01118 Dividend 0.00 9,472.45- 9,472.45 0.00 VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 904.723 SHARES 03/01/18 Dividend 9,472.45 0.00 0.00 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE:.01 EX 02282018 PAY 03012018 CUSIP 922031703 842,937.964 SHARES 03(01/18 Dividend 4.555.11 0.00 0.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIV RATE: .02 EX 02282018 PAY 03012018 CUSIP 922031802 270,266.906 SHARES 03101/18 Dividend 0.00 4,555.11 - 4.555.11 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP 922031802 421.379 SHARES 0310l/18 Dividend 0.00 3,046.70- 3,046.70 0.00 ` VANGUARD PRIME MONEY MARKET FUND CUSIP 922906201 3,045.700 SHARES 03/01/18 Dividend 3,046.70 0.00 0.00 0.00 VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 ` EX 02282018 PAY 03012018 S Page 21 of 30 Page 5 of 8 BNY MELLON Statement Period 01/01/2018 Through 03131/2018 Account 179137 Ine tlenK Of Re1P TOnS Mellon IrUM WMI)SnY, M.P. INDIAN HlVth UU UF'tt$ I hUS I Statement of Transactions - Continued Transaction Realked Date Transaction Description Income Principal Cost GainsfLosses CUSIP 922906201 2,684,320.440 SHARES 03101(18 Dividend 210.81 0.00 0.00 0.00 VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 02282018 PAY 03012018 CUSIP 922906300 208,230.640 SHARES 03(01/18 Dividend 0.00 210.81- 210.81 0.00 VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922906300 210.810 SHARES 03/01/18 DAILY ENDING BALANCE 1,058,077.95 1,058,OT7.95 - 24,008,359.60 0.00 03102/18 Purchase 64.62- 0.00 54.62 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 03/02/18 SET/DATE 03/02/18 CUSIP X9USD00021 54.620 SHARES 03102/18 Dividend 54.62 0.00 0.00 0.00 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 03102118 SET/DATE 03102118 CUSIP X9USD0002 54.620 SHARES 03102118 DAILY ENDING BALANCE 1,058,077.95 1,058,077.95 - 24,008,414.22 0.00 03122/18 Purchase 0.00 204,587.50 - 204,587.50 0.00 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 03/22/18 SET/DATE 03/22/18 CUSIP X9USD0002 204,587.500 SHARES 03122!18 Dividend 0.00 2,071.86. 2,071.86 0.00 VANGUARD SMALL -CAP INDEX FUND CUSIP 922908702 28.712 SHARES 03122/18 Dividend 2,071.86 0.00 0.00 0.00 VANGUARD SMALL -CAP INDEX FUND CASH DIVIDEND DIV RATE:.2 EX 03222018 PAY 03222018 CUSIP 922908702 10,559.964 SHARES 0312?/18 Dividend 4,452.89 0.00 0.00 0.00 VANGUARD MID -CAP INDEX FUND CASH DIVIDEND DIV RATE:.13 EX 03222018 PAY 03222018 CUSIP 922908843 34,897.286 SHARES 03/22/18 Dividend 0.00 4,452.89 - 4,452.89 0.00 VANGUARD MID -CAP INDEX FUND CUSIP 922908843 103.196 SHARES 03/22/18 Cash Credit 0.00 205,000.00 0.00 0.00 ORD CUST•14308981798 INDIAN RIVER COUNTY BOCC CONCENTRATION ORD INST:TO BANK, NA WILMINGTON, n DELAWARE DETAIL:MONTHLY FUNDING IMA:20180322C1B76E1C000861 FTS:FDF1803220689600 03122/18 Cash Debit 0.00 412.50- 0.00 0.00 BNF:BNY FEE ACCOUNT g DETAIL:REP PAYMENT FOR ADMIN BILLING DETAIL:FEE DEC 1 TO FEB 28,2018 A/C WITH:BANK OF NEW YORK g 03WJ18 DAILY ENDING BALANCE 1,064,602.70 1,064,602.70 - 24,219,526.47 0.00 � 03(23118 Purchase 0.00 60,000.00 - 60,000.00 0.00 d vo Page 22 of 30 Page 6 of 8 -YfI I 1 I BNY MELLON Statement Period 01/01/2018 Through 03/31/2018 Account 179137 rno uanx of new rorx motion I Wall companY• N.A. INDIAN RIVER GO OPEB TRUST Sta#ement of Transactions - Continued Transaction Realized Date Transaction Description Income Principal Coat Gains/Losses VANGUARD SHORT-TERM TREASURY FUND 1180810222019 TRADE DATE 03122118 SET/DATE 03123/18 CUSIP 9220317035,730.659 SHARES C 03123/18 Purchase 0.00 50,000.00- 50.000.00- VANGUARD INTERMEDIATE-TERM TREASURY FUND1180810222016TRADE DATE 03/22/18 SET/DATE 03/23/18 CUSIP 922031802 4,612.546 SHARES 03/23/18 Purchase 0.00 20,000.00- 20,000.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND 1180810222030 TRADE DATE 03/22/18 SET/DATE 03/23/18 CUSIP 922042791 940.734 SHARES 03123/18 Purchase 0.00 75,000.00. 75,000.00 0.00 VANGUARD PRIME MONEY MARKET FUND 1180810222010 TRADE DATE 03/22/18 SET/DATE 03/23/18 CUSIP 922906201 75,000.000 SHARES 03/23/18 Sale 0.00 205,000.00 205,000.00 - 0.00 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 03/23/18 SET/DATE 03/23/18 CUSIP X9USD0002 i 205,000.000 SHARES 03/23/18 DAILY ENDING BALANCE 1,064,602.70 1,064,602.70 - 24,219,626.47 0.00 03/26/18 Dividend 14,804.82 0.00 0.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND CASH DIVIDEND DIV RATE:.06 EX 03262018 PAY 03262018 CUSIP 922042791 269,178.462 SHARES 03/26/18 Dividend 0.00 14,804.82- 14,804.82 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND CUSIP 922042791 707.0i1 SHARES 03/26/18 Dividend 0.00 27,670.67 - 27,670.67 0.00 VANGUARD 500 INDEX FUND CUSIP 922908108 115.820 SHARES 03/26118 Dividend 27,670.67 0.00 0.00 0.00 VANGUARD 500 INDEX FUND CASH DIVIDEND DIV RATE: 1.03 EX 03262018 PAY 03262018 CUSIP 922908108 26,924.855 SHARES 03/26MS DAILY ENDING BALANCE 1,107,078.19 1,107,078.19 - 24,262,001 .96 0.00 03/31/18 CLOSING BALANCE 1,107,078.19 1,107,078.19 - 24,262,001 .96 Cumulative realized capital gain and loss position from 1 2131 2 01 7 for securities hold in principal of account: Short Term: 0.00 ° Long Term: 0.00 - The above gain and loss position does not include transactions inhere tax cost information is incomplete or unavailable. Page 23 of 30 Page 7 of 8 0.00 I BNY MELLON Statement Period 01/01/2018 Through 03/31/2018 Account 179137 The Bank of New York Mellon Trust Company, N.A. INDIAN RIVER CO OPEB TRUST i Cash and securities set forth on this Account Statement are held by The Bank of New York Mellon, an affiliate of The Bank of New York Mellon Trust Company, N.A. In addition, The Bank of New York Mellon Trust Company, N.A. may utilize subsidiaries and affiliates to provide services and certain products to the Account. Subsidiaries and affiliates may be compensated for their services and products, The value of securities set forth on this Account Statement are obtained by The Bank of New York Mellon Trust Company, N.A., from its affiliate, The Bank of New York Mellon which g determines such values for Corporate Trust on the basis of market prices and Information obtained by The Bank of New York Mellon from unaffiliated third parties (including S Independent pricing vendors) ("third party pricing services j. The Bank of New York Mellon has not verified such market values or information and makes,no assurances as to the accuracy or correctness of such market values or information or that the market values set forth on this Account Statement reflect the value of the securities that can be realized 3 upon the sale of.such securities, In addition, the market values for the securities set forth in this Account Statement may differ from the market prices and information for the same securities used by other business units of The Bank of New York Mellon Trust Company, N.A., The Bank of New York Mellon or their respective subsidiaries or affiliates based upon market prices and information received from other third party pricing services utilized by such other business units. Corporate Trust does not compare its market values with S those used by, or reconcile different market values used by, other business units of The Bank of New York Mellon Trust Company, N.A., The Bank of New York Mellon or their respective subsidiaries or affiliates. Neither The Bank of New York Mellon Trust Company, N.A. nor The Bank of New York Mellon shall be liable for any loss, damage or expense incurred as a result of or arising from or related to the market values or information provided by third party pricing services or the differences in market prices or information provided by other third party pricing services.35 g Page 24 of 30 Page 8 of 8 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Internal Audit Division 2000 16`x' Avenue Vero Beach, FL 32960 Telephone: (772) 226-3280 TO: Board of County Commissioners FROM: Edward Halsey, Internal Audit Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: May 7, 2018 Ns SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 03/31/2018 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in the Clerks office for quarters ended March 31, 2017 and 2018. The report shows five categories of activity including short-term rentals. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. 36 Indian River County Tourist Development Tax Received by the Indian River County Clerk of the Circuit Court and Comptroller Quarters Ended March 31, 2017 and 2018 Quarter Quarter Ended % Ended % Increase % 3/31/2017 Of Total 3/31/2018 Of Total (Decrease) Change Short Term Rentals $ 294,887 25.77% $ 348,096 29.11% $ 53,209 18.04% Hotel/ Motel 783,724 68.50% 777,1 1.9 64.98% $ (6,605) -0.84% ** Boarding/Apartments 15,715 1.37% 16,509 1.38% $ 794 5,05% Mobile Homes 15,640 1.37% 15,431 1.29% $ (209) -1.34% Timeshare 34,127 2.99% 38,811 3.24% $ 4,684 13.73% $ 1,144,093 100.00% $ 1,195,966 100.00% $ 51,873 4.53% ** ** Note - Quarter Ended March 31, 2017 included $115,000 from an audit. Without it, hotel/motel revenue increased by 16.21% from previous year and overall tourist development tax revenue increased by 16.22%. 37 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: May 9, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Terry Southard, Operations Manager Jennifer Hyde, Purchasing Manager Subject: Request for Purchase Order Increase for Pete's Concrete for Sidewalk and Driveways Repairs BACKGROUND/ANALYSIS: In the process of daily operations, the Indian River County Department of Utilities Services (IRCDUS) makes repairs to water and sewer lines. Sometimes, these lines are located under sidewalks and driveways. Thus, to repair these lines, we must cut into the concrete in these areas, which are generally small and require just one to three yards of concrete patchwork. Due to the small size of the jobs and the fact that they are located throughout the entire service area within the county, it has been difficult to obtain three quotes for this contracted work. Staff reached out to three companies for some pending repairs. One was non-responsive. The second was priced high to account for "short loads" and extensive mobilization. The third response was from Pete's Concrete, a local vendor who has worked for IRCDUS for several years doing this type of repair. The three-year expense history with Pete's is: FY 15/16 $52,935.00 FY 16/17 $44,310.00 FY 17/18 $49,200.00 year to date IRCDUS currently has a blanket Purchase Order (PO) with Pete's Concrete, set to the County Administrator's $50,000 limit, but only $800 remains unliquidated. An invitation to bid for concrete work is being prepared, and staff anticipates bringing an award of bid agenda item to the Board of County Commissioners (BCC) in July 2018. However, to keep restoration work running smoothly, we are requesting BCC approval to increase Blanket PO 79682 to Pete's Concrete in the amount of $27,000.00, to a total amount of $77,000.00. FUNDING: Funds for this project are derived from the renewal and replacement budget in the operating fund. Operating funds are generated from water and sewer revenues. Description Account Number Amount Paving Material 47126936-035310 $24,000.00 Paving Material 47126836-035310 $ 3,000.00 38 RECOMMENDATION: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners authorize the Purchasing Division to increase Blanket PO 79682 for Pete's Concrete by $ 27,000.00. 39 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., County Engineer SUBJECT: Award of Bid No. 2018043 43 d Avenue Bridge over IRFWCD South Relief Canal Railing Repair, IRC -1523 DATE: April 24, 2018 DESCRIPTION AND CONDITIONS On October 30, 2014, a County vehicle accidentally struck and damaged the railing ofthe 43 d Avenue Bridge over the IRFWCD South Relief Canal. Due to the damages to the existing railing and the age of the bridge it is necessary to replace the obsolete concrete traffic railing with a barrier system that meets current traffic crash safety ratings. Additionally, due to the advanced age of the structure the fact that it does not provide for either shoulders, pedestrian crossings, or bike lanes, a separate projectto replacethe43`dAvenue Bridge over the South Relief Canal has been applied for with the Florida Department of Transportation which is anticipated to commence within the next 5-7 years. As such, the project will consist of the complete removal of the existing concrete railing in both directions of the 43rd Avenue Bridge over South Relief Canal and installing Thrie Beam Guardrail, in its place, including on the bridge approaches. This option is substantially less expensive than replacing the cap & post style concrete bridge railing with an impact rated 32 -inch concrete barrier system with guardrail approaches. The project was advertised on March 4, 2018. A pre-bid meeting was held on March 12, 2018 and bid opening for the project was held on March 27, 2018. One (1) qualified bid was received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Timothy Rose Contracting, Inc. of Vero Beach was the only bidder with a bid totaling $143,431.00. Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project and has completed numerous construction projects for the County and has consistently performed work in a satisfactory manner. Timothy Rose Contracting, Inc. bid was above the original Engineer's estimate, performed by the Consultant Designer, of $78,650; however, this repair only accounted for the quantities necessary to replace one bridge railing. The current plans require the replacement of both railings. As such, the Contractor's cost proposal is within a reasonable range forthe proposed work. 40 Page 2 Recommendation of Award Bid No. 2018043 BCC Agenda 5/15/2018 FUNDING Funding is budgeted in Account No. 10921441-033490—Secondary Roads/Road & Bridge/Other Contractual Services, in the amount of $143,431.00. RECOMMENDATION Staff recommends the project to be awarded to Timothy Rose Contracting, Inc. in the amount of $143,431.00 and requests 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 Timothy Rose Contracting, Inc. AGENDA ITEM FOR May 15,201 41 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@,BCL@B40D0338\@BCL n B40DO338.doc Sample Agreement 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 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: PROJECT DESCRIPTION: The project will consist of the complete removal of the existing concrete railing in both directions of the 43'd Avenue Bridge over South Relief Canal and installing Thrie Beam Guardrail in its place. Remove posts flush, grind steel down 1" and replace with epoxy. Miscellaneous asphalt around guardrail is to be installed in accordance with the applicable FDOT standard index. A maintenance of traffic plan shall be submitted to the Indian River County Traffic Division by a Florida Licensed Professional Engineer for approval prior to commencing work. Bidder must hold FDOT Prequalification Work Class 13 — Guardrail. ARTICLE 2 -THE PROJECT 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: 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR (IRC -1523) Bid Number: 2018043 Project Address: 43rd AVENUE, SOUTH RELIEF CANAL, VERO BEACH, FLORIDA 32968 ARTICLE 3 - CONTRACT TIMES 3.01 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 specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 30th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages 42 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 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. 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 completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $958.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: Written Amount: ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been 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 CONTRACTOR 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.). 5.02 Acceptance of Final Payment as Release 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 Agreement 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 this Agreement, the Invitation to Bid or the Public Construction Bond. 43 ARTICLE 6 — Performance, Payment and Other Bonds 6.01 Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. If bid does not exceed $100,000, no Public Construction/Payment or Performance Bond will be, required. A. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. B. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. C. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its commissioners, officers, employees, and agents, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. 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. E. Contractor does not consider that any further examinations, investigations, explorations, tests, 44 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. F. 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. G. 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. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. 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) Invitation to Bid 2018043; (2) CONTRACTOR'S Bid Form (pages 11 to 13, inclusive); (3) Bid Bond (page 14); (4) Drug Free Workplace Form (page 15); (5) Sworn Statement Under Section 105.08„ Indian River County Code, on Disclosure of Relationships (pages 16 to 17, inclusive); (6) Bidders Qualifications Questionnaire (pages 18 to 21, inclusive); (7) Sworn Statement Under the Florida Trench Safety Act (page 22 to 23, inclusive); (8) List of Subcontractors (page 24); (9) Construction Drawings: Sheet C-1— Cover sheet titled "Railing Retrofit for: 43`d Avenue Bridge over South Relief Canal", B-1 to B-5, - Drawings titled "Railing Retrofit for: 43`d Avenue Bridge over South Relief Canal", FDOTStandard Sheets 400 Guardrail (Sheets 1- 26), 470 Traffic Railing — (Thrie Beam Retrofit), General Notes and Details (Sheets 1-3), 475 Traffic Railing — (Thrie Beam Retrofit) Wide Curb Type 1 (Sheets 1-4) (10) This Agreement (pages 25 to 32, inclusive); 45 (11) Public Construction Bond (if applicable) (pages 33 to 35 inclusive); (12) Certificates of Liability Insurance (page 36); (13) Notice to Proceed (page 37); (14) Addenda (if applicable) to ; (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, 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. 10.05 Venue 46 A. This Agreement 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 Agreement 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 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 provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, 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. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S 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 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 47 Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. (6) if CONTRACTOR fails to pay subcontractors, materialmen and/or suppliers on a timely basis. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. 7 48 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 Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: lames W. Ennis, P.E., PMP Title: County Engineer Address: 180127th Street. Vero Beach, FL 32960 Phone: (772) 226-1221 Email: jennis@ircov.com License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 49 00 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 7, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Final Ranking of Firms for RFP 2018040 — Management and Operations of Indian River County Transit Services BACKGROUND: The current agreement with the Senior Resource Association (SRA) for the management and operations of the fixed -route mass transit and paratransit services for public transportation in Indian River County expires on September 30, 2018. On behalf of the Community Development Department, Requests for Proposals (RFPs) were solicited in anticipation of that expiration. RFP RESULTS: Advertising Date: March 1, 2018 RFP Opening Date: April 17, 2018 DemandStar Broadcast to: 296 Subscribers RFP Documents Requested by: 23 Firms Firms at Mandatory Pre -Submittal: 5 Firms Replies: 3 Firms Proposing Firm Location 1. Senior Resource Association Vero Beach 2. Transitions Commute Solutions, LLC Winter Garden 3. National Express Transit Corp. (non-responsive for failure to acknowledge addenda and to return mandatory Certification Statement. Not submitted to committee for review) Orlando ANALYSIS: A selection committee comprised of Rich Szpyrka, P.E., Public Works Director, Mike Smykowski, Budget Director, Brian Freeman, MPO Senior Planner, Lauren Rand, FDOT Public Transportation Office, and Lundy Parden, Indian River County TLDCB Vice -Chairman independently evaluated and scored the received proposals in accordance with the Purchasing Manual. The committee met and 50 CONSENT each member read their ranking of firms to develop an overall initial ranking of firms. The initial ranking was unanimous and the committee declared that ranking final. The final ranking developed by the committee is: 1. Senior Resource Association 2. Transitions Commute Solutions, LLC The committee's rankings are shown below. FUNDING: The public transportation system is funded in part through an annual allocation from the General Fund given to the Senior Resource Association to provide transit service in the county. For FY 2018, the general fund allocation was $1,083,333. Additional funding is provided by the Florida Department of Transportation and the Federal Transit Administration. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and authorize the Community Development Dept. to negotiate an agreement with SRA, which will be brought before the Board for approval. 51 a) E v E O U N y C O -W C O A C O4+ .E N C O Committee Member (U '^ c0 R.Szpyrka 1 2 M. Smykowski 1 2 B. Freeman 1 2 L. Rand 1 2 L. Parden 1 2 Initial/Final Ranking 1 2 FUNDING: The public transportation system is funded in part through an annual allocation from the General Fund given to the Senior Resource Association to provide transit service in the county. For FY 2018, the general fund allocation was $1,083,333. Additional funding is provided by the Florida Department of Transportation and the Federal Transit Administration. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and authorize the Community Development Dept. to negotiate an agreement with SRA, which will be brought before the Board for approval. 51 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: May 8, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: Work Order No. 1 with Schulke, Bittle & Stoddard, LLC, for Design, Procurement and Construction Administration to Rehabilitate/Re-construct the Blower Building at the West Regional Wastewater Treatment Plant DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) operates the West Regional Wastewater Treatment Plant (WRWWTP) located at 8405 8th Street. During the expansion to the WRWWTP in 1986, the existing blower building was completed. The blowers are 32 years old, inefficient and significantly oversized for current and future needs, and the metal building containing the blowers has deteriorated. Furthermore, the roof has failed allowing water intrusion into the building affecting the mechanical and electrical equipment. Therefore, the subject work order will be the initial step to evaluate a solution to the problem. ANALYSIS: In January 2018, staff requested Schulke, Bittle & Stoddard, LLC, (SBS) to submit a proposal to remedy the failing building at the WRWWTP. SBS, as part of their evaluation in preparing the proposal, performed a site visit. During that visit, SBS and IRC staff noticed the extensive damage to the existing building and the necessity for full restoration. As required by the Competitive Consultant Negotiations Act (CCNA) procurement guidelines, SBS submitted a proposal for design, bidding assistance and construction management services under the Continuing Consulting Engineering Services Agreement for Professional Services dated April 17, 2018. Schulke, Bittle & Stoddard, L.L.C., has submitted Work Order No. 1, which includes providing professional services for design, specifications/bid documents, and construction observation to rehabilitate the blower building at WRWWTP. Exhibit A further details the scope of work to be performed by SBS. The total negotiated cost for the professional services is a sum amount of $ 29,000.00. 52 FUNDING - Funds for this project are derived from the renewal and replacement budget in the operating fund. Operating funds are generated from water and sewer revenues. Description Account Number Amount WRWWTF Blower Room Replacement 471-169000-18521 $29,000.00 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Work Order No. 1 with Schulke, Bittle & Stoddard, LLC, in the amount of $29,000.00 for professional services, which includes design, specifications/bid documents, and construction observation services to rehabilitate the blower building at the West Regional Wastewater Treatment Plant. ATTACHMENT(s): Work Order No. 1 53 WORK ORDER 1 WEST REGIONAL WWTP BLOWER BUILDINGS This Work Order Number 1 is entered into as of this _ day of 2018, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17" day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and SCHULKE, BITTLE & STODDARD, LLC ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS SCHULKE, BITTLE & ST©DDAR% LLC OF INDIAN RIVER COUNTY By: / By: Josdph W. Sahulke, P.E. Peter D. O'Bryan, Chairman Title: Managing/Member V BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 54 EXHIBIT `A' SCOPE OF WORK WORK ORDER NO. 1 Project Description The proposed project will provide for the evaluation and recommendation for the replacement of blowers for the sludge holding tank and enclosure at the Indian River County West Regional Wastewater Treatment Plant. Replacement of the blowers is necessary due to: 1. Blowers are old, inefficient and significantly oversized for the current and future needs 2. The deterioration of the metal building containing the blowers. The roof has failed allowing water intrusion into the building affecting the mechanical and electrical equipment The blowers were originally sized to accommodate a much larger system. Under today's operations, the size of the blowers and the motors can be reduced in size. Three different types of enclosures structures will be evaluated and considered for housing and protection of the new blowers. Based on cost benefit analysis, one of the options would be selected and final plans prepared for mechanical, electrical and structural systems. Scope of Services Schulke, Bittle & Stoddard, L.L.C. will provide services including engineering evaluation, design, specifications, contract administration and inspection services for the structural mechanical, and electrical replacement of the blowers and enclosures for the Indian River County West Regional Wastewater Treatment Plant. The services will include the field evaluation of the facility, preparation of preliminary plans and preliminary cost estimates, evaluation of various options, and preparation of construction plans and specifications, construction administration and periodic construction field inspection of the construction, as required for the complete replacement. In connection with this project, the County will provide the Engineer with a copy of any pertinent Preliminary Data or Reports; all available drawings in electronic AutoCAD format; all plans of record, maps and other documentation in the possession of or reasonably available to the County that are pertinent to the project, including plans, reports and other documents on file at the Utility Department, building department, or other IRC offices. Services not included in this Scope of Work are listed as follows: • Any services associated with . assisting Indian River County in review and evaluation of patent related disputes, issues, or claims including preparing to serve or serving as a consultant or witness for Indian River County in litigation, arbitration, public or private hearings, or other legal administrative proceedings involving patent related disputes, issues or claims. • Any services in connection with the project not otherwise provided for in this scope of services. • Design or permitting of any asbestos remediation / related work. • Design or permitting of wastewater treatment systems or modification to existing systems. • Building permit application preparation. This task will be provided by the licensed general contractor awarded the construction contract for this project. 55 • Inspection and certification of welds and mechanical fasteners required by the IRC Building Department. The bid documents and construction specification will include this as a requirement for the contractor to provide this service. In order to execute this project in the most cost effective manner, with the most aggressive schedule, Schulke, Bittle & Stoddard, L.L.C. will: Rely on building plans and building department records obtained from the IRC utility department and IRC building department for as -built conditions of the WWTP components. Utilize the IRC utility department standard bid documents and construction contract, which documents shall be provided in an editable format by IRC to SBS. SBS may retain consultant(s) at its discretion, which may include one or more companies whose primary occupation is electrical engineering and wastewater treatment plant design. SBS has budgeted up to $8,500.00 for these services. 56 Printing and Reproduction The County shall make direct payment to our office for the cost of printing project plan sheets required for utility coordination and for copies of reports, drawings, specifications, and other pertinent items required by federal, state and local agencies from whom approval of the project must be obtained, material suppliers, and other interested parties, but may charge only for the actual cost of providing such copies based on the following tabulation: 8 1/2" x 11" $ 0.12/sheet 11" x 17" $ 0.50/sheet 31/2" diskette $ 2.00/each CD $ 4.00/each Blue Line Prints $ 0.333/SF Reproducible Sepias $ 0.75/SF Reproducible Mylars $ 1.00/SF 57 EXHIBIT `B' FEE SCHEDULE WORK ORDER NO. 1 Method and Amount of Compensation Schulke, Bittle & Stoddard, L.L.C., proposes to provide the above Scope of Services based on the following lump sum fees: 1. Preliminary plan review and evaluation: $10,500.00 A. Review the existing plans of record. On-site evaluation of the existing blowers, building and system components, including: - On-site review — photograph and document existing conditions, where possible - Coordinate field review(s) with consultant(s) B. Prepare preliminary structural, electrical, and mechanical drawings and prepare take -off/ construction estimate based on field review, consultant's input, and consider rehabilitation options and make recommendation on reconstruction and repairs for three (3) options: a. Replace the metal building with a new building on the same foundation b. Construct a new concrete block building at a new (presumable adjacent) location c. Specify a pre -fab "cabinet" that will house the blowers only (cabinets and blower skid designed by others) 2. Final Design $5,500.00 Engineering design: preparation of Construction Plans, detailed specifications, and construction details for one (1) of the above listed three (3) options. 3. Contractor procurement / bid documents $3,000.00 Preparation of bid documents using IRC standard forms. Assistance during Bidding, including preparation of an approved contractors bid list, coordinating and chairing a pre-bid meeting, process answers to RFI's, bid evaluation, prepare addendum (if necessary) and prepare recommendation of contract award. 4. Contract Administration and Construction Phase services $9,000.00 Coordinate and chair a pre -construction meeting, shop drawing sample review, review progress payments, prepare minor plan modifications, Construction/Field Inspections, as -built review, coordinate post construction conference and inspect structure for warranty approval, and review final documentation for close-out and prepare notice of substantial completion, final recommendation for payment upon satisfactory job completion. Inspections portion of this fee based on: Assume 3 hours / day @ 20 days 5. Reimbursable Expenses: (estimated) $1,000.00 Payment of direct costs, including Reproduction costs (prints and copies), application fees, mail and delivery, mileage during construction phase services. (See below for actual costs) Total: $29,000.00 Grand Total $29,000.00 58 EXHIBIT `C' TIME SCHEDULE WORK ORDER NO.1 Time of Performance The estimated time frame for completion of services from the approval of this Work Authorization is a follows: 1. Preliminary Plan review and field evaluation 1 '/z months 2. Engineering Design & Preparation of I '/Z months Construction Plans, specifications and Bid Documents 3. Bidding/Contract Award 2 months 4. Construction 5 weeks Remainder of Page Intentionally Left Blank 59 qZ 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: May 4, 2018 SUBJECT: D. R. Horton, Inc.'s Request for Final Plat Approval for Pointe West East Village Phase 2A [PD -17-02-01 / 99070081-80228] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 15, 2018. DESCRIPTION & CONDITIONS: Pointe West East Village Phase 2A is the second phase within the Pointe West East Village planned development project consisting of 68 lots on 22.81 acres. The overall Pointe West East Village development is located generally at the southeast corner of 74th Avenue and 16th Street consisting of 161 lots on 47.98 acres resulting in a density of 3.35 units/acre. The Phase 2A final plat area is located in the southeast section of the residential pod, which is wrapped by the existing golf course (see attachment #2). East Village Phase 2A is zoned PDTND (Planned Development Tradition Neighborhood Design) and will have a density of 2.98 units per acre. On February 23, 2017, the Planning & Zoning Commission granted preliminary PD plan/plat approval for the overall Pointe West East Village Phase 2 which included a phased approval (Phase 2A and 2B) for 161 lots. The applicant is now seeking final plat approval for Phase 2A, having obtained a land development permit and commencing construction of the project. At this time, the applicant has built 90% of the required improvements that serve the Phase 2A area, is proposing to "bond -out" for the remaining 10% of the required improvements, and has submitted the following: 1. A final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; 3. A Contract for Construction of remaining required improvements; 4. A letter of credit in the amount of $209,018.77; 5. A Contract for Construction for Final Lift of Asphalt; and 6. A letter of credit in the amount of $100,485.00. The Board is now to consider granting final plat approval for Pointe West East Village Phase 2A. 60 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@740D5A58\@BCL@74OD5A58.rtf 1 ANALYSIS: Some, but not all, of the required improvements for Pointe West East Village Phase 2A have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bond -out" for the remaining 10% of required improvements (utilities, roadways, landscape, sidewalks). Public Works, Planning, and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimates for the remaining improvements including the final lift of asphalt. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements, and a separate Contract for Construction for the final lift of asphalt along with the posted security. All improvements within Pointe West East Village will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required through the certificate of completion process and final plat process. In addition, a warranty and maintenance agreement and acceptable security will be required for the roads and stormwater improvements, prior to issuance of a certificate of completion. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Pointe West East Village Phase 2A. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout 4. Contract for Construction of Required Improvements 5. Contract for Construction of Final Lift of Asphalt 61 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@740D5A58\@BCL@74OD5A58.rtf 2 MWX P"ER COUNTY PLANNED DJEIVELOFMENT APPLICATION Plerse indlepte the type of application being submitted: Canceptaftl ISD Special Exce0oa: Concur: Beni Conceptual PD Spedai Exception & P. e3minary PD: Pr curry PIanrsed Development: Final PIrmued Development: N,-)tm For a PD rewaing please use the appropi late rewaing motion. X p:t0JECTNAME Pointe west East Village Phase 2A PlanNumber�PD- 17-02-01 Projectri, 99070081• `=-z PROPERTY OWNER: (PLEASE PRINT) }1R Horton, Inc. NAME 1430 Culver Driye NE ADDRESS Palm Bay, Florida 32907 C%"v, STATE, ZIP (954)415-0029 r�BE.''pp��+ PT-i*01KLy ir�JR GJPettibon@drhorton.com EW.IL ADDRESS Gregory J. Pettibon CL NTACT PERSON : ROJECT L:'GuNUR: (PLEA SE PRIMT) Plasteller & Moler, Inc. NJ VIE 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CTIY, STATE, ZIP (772) 567-5300 PHONE NUMBER semoler@bellsouth.net EMAIL, ADDRESS CUNIT A C --r PE .S _IN! 3IGi1r'�; a'[ __::\�a� n;ru;i�y f�eraks.?nK:ttUs a'a1Ccrl7evlAprticatiot►s1PDAPP.cioc APPLICANT (PLEASE PRINT) _Masteller, Moler & Taylor, Inc. I`dAME 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP ,(7721 564-8050 PHONE NUMBER dt5243@bellsouth.net EMAIL ADDR 5SE David M. Taylor CONTACTPERSON AGENT (PLEASE PREN'll Masteller, Moler & Taylor, Inc. NAME 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 _ CITY, STATE, ZIP (772) 564-8050 PHONE NUMBER dt5243@bgllsouth.net EMAIL ADDRESS David M. Taylor, PSM, CFM tONTACT PERSON CRidER OR AGENT Revirzd Janwry 2011 PAs i of 3 62 ATTACHMENT TA,X FARCEL ID #(s) OF SUBr-BC:' PROPERTY: 33390700002000000000.1 PI'r3±'l3RYY C ASSiKCAIION(S): Urd!Jpe Miction o� nDistict Acxmge AG -1 PD -TND 22.8$ TOTAL PROJECT ACREAGE: 22.8$ MSTtiYGSITEUSE(S): Aaricul.tural PROPOSED SFT,E USE(S) AND INTENSITY (e.g. # of units, square feet by use): Single Family Residential ReAlat of Parcel B, Pointe west East Village Phase 1 PD for 68 single-family lots, private road right-of-ways and tracts. ** PLEASE COMPLETE 7M SUIS UMAi, C t' T ** no following itwns must be at`aehcd to the application: % If the applicant is other than the owner(s), a sworn statement of authorization from the owner; N A Tyro deeds and a verified statement naming every individual laving legal or equitable ownership in the property; If owned by a corporation, provide the names and address of each stockholder owning mare than 10% of the value of outstanding corporation shares; x Two copies of the owner's recorded warranty deed; X A check wonvy order or cash nmde payable to `Iridian River Courtty". P.'winzd Development Request - Conceptual PD Special :3xeeptxon ie o Y1mii 20 a„^res S 2075.00 20-40 acres 2475.00 over 40 acres 2575.00 a-10 OD for each additional 25 acres over 40 acres Prelitnhut y PD Pian leis th= 20 acmes $ 1150.00 2040 acres 1250.00 over 40 ecros 1300.00 +50-00 for each additional 25 acres over 40 acres FWA FD Plans $1400.00 FWconcurrient appll=tion feet combine the appropriate fens ar d siibbvet $400.00. M.OMmcu 4 Dwett*nmi muNCutDev PPNcsdmVDAPPAoa Revised laaum 2011 Page 2 63 X Ten acts of complete Conceptual, Preliminary or Final PD (fiwa plat plmns must be siped and sealed by surveyor). Plans as per Chow 915, pursuant to the type of approval being requested, N A Any requirwabuts of the zouling or rdadivinioa ordinance Vaic h the applicant is roquesting to be waived (such as mini== lot width and size, street f€antage requirements, s: * ecla, eax.), shad be clean r iadica.ted by section and paragzaga aumbeTs, togetiler with the rationale for the witiver request(s), or. an attached sheet. N/A 2 Aerlils for conceptual or preliminary PDs N/A IteviLzeci rcrponse to pre -application for conceptual or c=--, nrent tspplications X 2 sealed su; veyr. N/A 3 sctr of floor pl=s amid elavetion for commercial or izi ti -family buildings N/A Written Statement and Photograph of Pix-teti. Sign 92 r sl Plate n X CORISTRUCTIO%a 001,11'IXTE - BUILT OUT: (A) C rtifiepte of ContplPtion from Public Wotks or copy of letter to Public Works and Utilities requiting inspection ofinWovemeats anginear's statement that certificate of -k- completion will be obtained prior to approval IF IMPROVEMENTS ARB DEDICATED TO THE PUBLIC: (B) . Original nca- s Certified Gest for Improvemevis (Signed end Sealed) GIz CONSTR.UC FIO14 MCOMPLBTE - BONF1IM OUT: (A.) Original EngiLpves Certified Cost Estimate for Improvements (Sigma and Sealed) COPIE S OF DOCUMENTS' TO BE RECORDED WITH THE FINAL KAT: a Coveoan-ts, Deed Restrictions, Bylaws, etc. or ata -r tt Tim -o Are None b. Property Owns Association Articles of Incorporation or Statement indicating Why Recordiag of A is Not Required F WAMMia:itry+r-j am=AUwaTxcDaV1Ap0czUWAPT APP.Ada RMiOW IMMY2011 PNM3 of3 64 AMCIAWIT La AV i'L53 w Av I ut V-0 I I :,�TFIT IT IFF- di i I ni lu"I ti di i I ni POINTE WEST EAST VILLAGE, PHASE 2A PD BEING A REPLAT OF .4 PORTION OF PARCEL B OF THE PLAT OF POINTE WEST EAST VILLAGE PHAGE 1 PD AS RECORDED IN PLAT BOOK 22, PACE 59, PUBLIC RECORD£ OF INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 7, TONWSHIP 33 SOUTH, RANGE 39 EAST, INDIAN 81%,EF. COUNTY, FLOFIDA. TRACT C -a CaF MUSE RRC EAT' N A DRAW Or 0= A; PACE S9 207 I I 208 MORIN UAE OP PARCEL 9 ASSREVIAMONS IN mIw HARM z I I s' RIMMr I PARCEL a PafNTE WEST EAST AQEACE PHASE T PD. al nNA WNCRETE NONMINT RDDIAt ERTRONCY NAMACEMENT ACUCT kR F.R.GO. IMAM MAR FARM, MW =RYE DSRSCT N FOUND D R DENRFlCATDM Nal ROO 1 AIS PLAT, AS RECORDED RR ITS GRAFMC P ELEV RCH RPE E,INANCN PL5 NANO SURVEYORS NUMB NORTH AMM"CAM N mm OATuN WD ORA " NRTI-AANAL ORiTC4t IEtORD 110gI P 117 ,EST Fi1.ST NILACE PIAS { M ItI eouxnl PZIA.11 m=oA ST, waEW00 cx PLAT GOOD ]L PACE SR FunTAE tlflnDPNExTr Pa PC PAC[ PONT OF "YANRE Z PGC PaMT OF CCW o CURVE S PRLTFRrr IS LOCATED 6R FLOW ZONE X AS PER N PT Paver OF RRzRssnw mow IAN6 I PDRIANFNT CpNROL PONT P A REFERENCE Md MDIT PUIMI C, SRRNIINC ruLaTr+Av4E 7. AMC& ROUTINE MAINTENANCE (EB MONNO ETC) OF EASEMENTS SHALL BE THE RESPOVS162/tY OF 1 sax: af/ro7ETt qR NO N, ISM ro THE NORTH AMERICAN 16R7CAL DATUM POB (N.AVRJ ISAID THE ro OWTMAN f COLIZED rABLISH SBD RER 122112. 6DIMf NCHM RIGS AY OXE IS RIMER BOON ON NUMBER 12YO22. RYE BETNCIWARNS ARE 205 1 SHORN ON SIEEET P OF B CALL CLRWINEA t LOr LMES SNOAN HEREON ARE I aaPaM wtry ur sa gal Aa xEnml_ _ 108 I 207 I I 208 MORIN UAE OP PARCEL 9 ASSREVIAMONS IN mIw HARM cc W MS ON AVEASONNr emm PARCEL a PafNTE WEST EAST AQEACE PHASE T PD. al nNA WNCRETE NONMINT RDDIAt ERTRONCY NAMACEMENT ACUCT kR F.R.GO. IMAM MAR FARM, MW =RYE DSRSCT N FOUND D R DENRFlCATDM Nal ROO 1 AIS PLAT, AS RECORDED RR ITS GRAFMC P ELEV RCH RPE E,INANCN PL5 NANO SURVEYORS NUMB NORTH AMM"CAM N mm OATuN RENAP/DTA oF' PARCEL 9 ORA " NRTI-AANAL ORiTC4t IEtORD 110gI P 117 ,EST Fi1.ST NILACE PIAS { M PO eouxnl PZIA.11 m=oA ST, waEW00 cx PLAT GOOD ]L PACE SR FunTAE tlflnDPNExTr Pa PC PAC[ PONT OF "YANRE (NOT LYO:mm) PGC PaMT OF CCW o CURVE S PRLTFRrr IS LOCATED 6R FLOW ZONE X AS PER N PT Paver OF RRzRssnw mow IAN6 PCP PIW POB PDRIANFNT CpNROL PONT P A REFERENCE Md MDIT PUIMI C, SRRNIINC SET PER FLORIDA STAIVIES. AW` i 294 I 300 I mDD,T9Tr =10-N a� -N 21 X$� f 20.5 299 , 75 a •lsro•TE P i�l - I P 1 298 1 I 298 74 1 ABERDEE?f S*& 1 r 28D 267 297 a r]r1 i 245 I I I 73 218 234 I I 218 235 I 244 I I 217 236 1 I 243 I I 242 216 + 237 I 1 1 I 241 209 I 215 '236 1 1 240 I 210 i 214 239 L 1 213 211 212I TRACT E ' � 57 / 56 / 55 e 33 54 GIP ' \ 52 sD' - 51, 7 v \ tN 5D a xesr Baer xu.,as Rett , sn/d ro A flrww n, Avr PD ,. z I TRACT6 261 I 266OPEN SPAACE AND 72 R _ 71 13 289 / I 262 70 I ' '/ �� 69 284 " I ./ �E 283 I T / 68 67 9 61 ' r�.s'vO TMWE��Nr� 6, PLAT BOOK: PAGE: DOCKET NUMBER. 84 `' tN. row J„= 63 uxE A IOaOr TAacnw P.R.hf;l MON R00 ANO CAP STAMPED PRM 62 t+ rA,v sn ♦E P,T PSM 5247 UNLESS NOTED O7HERNfSE Lx s,m' sTR .:'zet t3 4t+D ssv IY sfr OPUNLE95 NOTED.TAB STAMPED ?SM /5243' SET 0 LOT aA1KI urNNnl RAws DBrA aD DMRD /"• Of8' LONG AND GIPM4644-- STAAfPLL _LB UMRIDS n nn' ra.m' -- r -nrm r T.rr /� *LOT CORNERS MO UMENTED 11714 A r' MAIL & TAB cx rs.n ,nw• aanrcR• saR64PT uu• /�I STAMPED PSM 5243. nT nsr YnRr DxP•ss•CP' SrCZsyAY A!M' �/�I u Is.n• lAor' mavoroo' scrrret Tau- /'- SNEEr 2 a PREPARED Or R2 GLEN At TAKM 2 M. C P9M 08APIDC SCALE 1655 27th STREET, SLATE 2 /+ VERO BEACH, FLORIDA 37960 772-564-5050 !!CENSE BUSINESS I4UAfBflR 4644 DARE OF ORIGINAL PREPARAAOM 9-f5-17 6f — ACHT 3 GENERAL NOTES 1, NOTICE A RINOS ARE BASED ON THE GRID BEAMNG OF H6977'321E ALONG THE SOUTH LAVE PARCEL a PafNTE WEST EAST AQEACE PHASE T PD. 2 WAW -NO CONSTRUCBON, IREES OR SHRUBS RRA. BE PLACED LN DRAINAGE AND/OR UTILITY EASEMENTS WINCUT C"TY APPROVAL 1 AIS PLAT, AS RECORDED RR ITS GRAFMC FCRN, S AIS OFFICIAL DEPICTION OF AME SUMMED LANDS DESCRIBED HEREIN AND TALI. IN NOCIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. 4. THERE MAY BE ADDITIONAL RE37RCAONS THAT ARE NOT RECORDED ON AOS MAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF DOS COUNTY. S PRLTFRrr IS LOCATED 6R FLOW ZONE X AS PER i.EM.A. MAP I12061CO2T8 N, DATED T2-4-7012. S. ALL PRM$ PLT$ AND L07 CORNERS HAVE BEEN SET PER FLORIDA STAIVIES. 7. AMC& ROUTINE MAINTENANCE (EB MONNO ETC) OF EASEMENTS SHALL BE THE RESPOVS162/tY OF MTYOTIMOPERTY OWNERS AND NOT MOAN RIVER 4 SHOWN HEREON MALE BEETS . B fOEITHE qR NO N, ISM ro THE NORTH AMERICAN 16R7CAL DATUM POB (N.AVRJ ISAID THE ro OWTMAN � COLIZED rABLISH SBD RER 122112. 6DIMf NCHM RIGS AY OXE IS RIMER BOON ON NUMBER 12YO22. RYE BETNCIWARNS ARE b SHORN ON SIEEET P OF B CALL CLRWINEA t LOr LMES SNOAN HEREON ARE RADIAL TO THE CURVE, LNIEESS NOTED. gal 10. NQlCL PROPERTY ONEf7R5 ARE PR08ETTED FROM YRT� PLANTING ANY CARIBBEAN FRUIT FLY AND ASIAN CTRu9 P9YLUD (0 -US ORION-) HOST PLANTS AS i SPECm NE REM AND ARE REOUERE1D TO REMOVE IB SAME F ANY ETQSm GAMEY WAV COEfucm GUAVA. LOOUAT, ROSE APPLE; ,IASMINv- CIMIEEE BOX L77ANcE AND SURINAM oagw. It THE STATE PLANE COORDINATES AS SHOWN HEREON ARE BASED UPON THE STATE PLANE COORDINATE ST51M. FLORIDA EASY ZONE. NAD 1964 2011 ADAUSAIENT, AND WERE DEVELOPED USING A REM, ME GLOBAL POSMONING SVSTIEM FROM THE ROAN RIVER COUNTY DMNVAITON PROACT AS FOLLOWS OPS µi N f20426I.25 E 824726-V CPS IM N 1202Cf842 E 624718.94 84 `' tN. row J„= 63 uxE A IOaOr TAacnw P.R.hf;l MON R00 ANO CAP STAMPED PRM 62 t+ rA,v sn ♦E P,T PSM 5247 UNLESS NOTED O7HERNfSE Lx s,m' sTR .:'zet t3 4t+D ssv IY sfr OPUNLE95 NOTED.TAB STAMPED ?SM /5243' SET 0 LOT aA1KI urNNnl RAws DBrA aD DMRD /"• Of8' LONG AND GIPM4644-- STAAfPLL _LB UMRIDS n nn' ra.m' -- r -nrm r T.rr /� *LOT CORNERS MO UMENTED 11714 A r' MAIL & TAB cx rs.n ,nw• aanrcR• saR64PT uu• /�I STAMPED PSM 5243. nT nsr YnRr DxP•ss•CP' SrCZsyAY A!M' �/�I u Is.n• lAor' mavoroo' scrrret Tau- /'- SNEEr 2 a PREPARED Or R2 GLEN At TAKM 2 M. 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TRACT J� � � ' E I W iim''axl �ri�TtNi'" '2 66 I WbWre �E r )�' tlg 63 $ I UT -' 1 Lu KEY MAP 111 02 $ IW O W- W NOT TO SCALE I 81 F sa tabs' mlfirat r� _--_—_ �---T & k, u1 1444' em'.r"t SHEET U I na mbr sc- ar Ta•E I SHEET , . 8 i 5 p''� us ,mr emarxc F ---- j 58 8 a-. rm. LA sx Ar A+t I SHEET 3 herEt' S ---- rarhrA r RAowr Pexis o,o aoAa Cn "Ae ser.rsoa I ���` a O.PB' anar _V11sroF.7Pt vm Sn aei.se' S•;r er Jx•E PREPARED BY:• DAWD M. TAYLOR PSH i I r° mo Asr asar X.3 m• stowwr &WRt_7._ L2M raCar ser rr ^"N { �J Avwll m On Ar TAXM Mr. I aA ^d'uyeA>+� of 15n' lath ErroP.w _.+:atT >C,.' LTP zATr sm•q•�oq �'�� IM 27th STREET. SUITE 2 r Uh nP m r Bash MMI"• sroaat ore• l.To zar sm• m' sot 6ERO BEACH, FLORIDA 32880 772-584-8050 TCS �,,r LICENSE BVSIMESSNUMBER 4844 yp LwO` m ram• .mw .1 W 31oY.M mzr ty aar �'a•COT' DATE OF ORIGINAL PREPARATION; 9-20-17 I 7 PSA siEET s ar MET 9 BEING A REPLAT OF A PORTION OF PARCEL 8 OF THS PLAT OF I-OINFE *-St EAST VILLAUE PHASL 1 PO AS RECORDED 1N PLAT BOOK .^.2, PACE 59, PUBIJC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LVNC IN SEC77ON 7, TOWNSHIP 33 SOUTH, RANCE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. n4o Pa I GRAPHIC SCALP at' Pu uzr + a>nLYP.as r wma I ae mppn OF PARCM e Po9AE ZEST CAST WAAar PMAw L P9 :.°,im`umo—.. 4.y I sPFsaar► FAi BOOR 222t'r 39 (clot) t AN.M R 1 t car -a iAt �`Ex9A. r_♦rrx w:ur I�ssPa 1 yPPY we' u ABBREVI"ONS 294 wv= aso" �A�t c•sworr WOM i i i a i9 I q, JI� cr CY I I74 I Q I 290 POONA L fl� YN,AfE4Lw ARMC, W.wx,a. MAP Sac♦ rm's itL corms a9�9CP w warns n 1 raaR 1 I1 29! g� a M's S � w $ 7S i • 299 Ir 1i KEY MAP NOT TO SCALE I SHEET 4 1 SHEET 5 SHEET 3 1 I� W., i Pa I ( at' Pu uzr + a>nLYP.as r wma I :.°,im`umo—.. 4.y I sPFsaar► rsAm• >Z r,"AitaR car -a iAt �`Ex9A. r_♦rrx w:ur I�ssPa 'n rata• I m MAT .tg NJNMMMACAP ODp 01WHOISE t wA' iB j° r. C" Ms OFMPt Ecom emA r� Ss"ibci"ucE urnlmu'M 1 299 I I74 I Q I 290 SrAAEnTm Lave..AND AP srAirvm is 1044'. n P°1 Pori Of C,RYATM POC Pr Pa -T OF coMcrP•o OVAK PONT aF m7RPff (yi1 I P AR ♦------- 1 `■S �} I PT PP�nGPi PER PORT d TANCrNCY : w T Crw,YmT _ PO. NT OF BCGINN9 W T' 1 W a "7 n I a m�cr.� i � %—'%• c 7 r- P lair ,.� - -, . ,7j .' 6 i LAI I Pn-R- S I /' q .,,Wyk, ,"�Y'+��"" c,�j�✓ ,;� 19 KEY MAP NOT TO SCALE I SHEET 4 1 SHEET 5 SHEET 3 1 I� NOR RIO amcwto PCRmT NTL SC iA= FOR cmtOrVEHr or A Aur NO(G OR TRACT UMZ5.5 AND MM AN MML ATO T . COWJRRLNCY INE axorwAor OPNCR SNARL K RF9'OYmc Pat rZRT 4v FOR rT OF RE LOT OR 7PACr u' CVtAMU PROVQMO rM SOLRMS ROARER AAO IPS LOTS SMM maAN ArfOR Cal,_ rr OAS AVT GvM w E RMT AoCOUAR PRONTAQ AS 019 L %U ON RE A -PROVO PAO.LCr CAPAOTV ARL FNST AT THE TSE TRLn AN AWrICAtrf OR PIRIOAILARr PLAT AND LAND QMOP1RRT PTOAC AAPAAMMPS SULYE'AR CRWZS M APPLY FOR AND O07Ar A Ow'A'WdCY CERRFMAM MUM 3 i aePa7' r Peas c 72 �� j I rAe rmr » / AAAra onrcRor ur 2AAr sm• Ar mt 71 ii I EGENn STAM' 0 PRL •- T wPPPj°' .tg NJNMMMACAP ODp 01WHOISE t wA' iB j° r. qIUUNLESS Noma. TAB sTAMPeO PSM 1524j, ser r0ft Ni Lor COMERSP 7XTn A r/z'rRan R00. TAY SrAAEnTm Lave..AND AP srAirvm is 1044'. *Lor cmmfm Ataw 'nrm wm A r NAx A rAs 57AMMO •PSN 5_AY, NOR RIO amcwto PCRmT NTL SC iA= FOR cmtOrVEHr or A Aur NO(G OR TRACT UMZ5.5 AND MM AN MML ATO T . COWJRRLNCY INE axorwAor OPNCR SNARL K RF9'OYmc Pat rZRT 4v FOR rT OF RE LOT OR 7PACr u' CVtAMU PROVQMO rM SOLRMS ROARER AAO IPS LOTS SMM maAN ArfOR Cal,_ rr OAS AVT GvM w E RMT AoCOUAR PRONTAQ AS 019 L %U ON RE A -PROVO PAO.LCr CAPAOTV ARL FNST AT THE TSE TRLn AN AWrICAtrf OR PIRIOAILARr PLAT AND LAND QMOP1RRT PTOAC AAPAAMMPS SULYE'AR CRWZS M APPLY FOR AND O07Ar A Ow'A'WdCY CERRFMAM MUM 3 Pointe West East Village, Phase 2A PD CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. PD -17-02-01 (99070081-80228) THIS CONTRACT, made and entered into this 1 day of AI, 2018 by and between D. R. Horton, Inc., a Delaware corporation, the owner of the property being platted as Pointe West East Village, Phase 2A PD, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County" - WIT N ESS-ETH: County WITNESSETH: WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed; and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Pointe West East Village, Phase 2A PD; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to construct on or before May 1, 2019, in a good and workmanlike manner, those improvements described as follows: See Exhibit "A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval of the Board of County Commissioners and made a part hereof for all purposes. 71 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter of credit, having an expiration date of not less than ninety (90) days beyond the date set forth in Paragraph 1, provided by a banking institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as customer and wxI� � c , as the underwriting bank, in the amount of $209,018.77, which amount is not less than one hundred twenty-five percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County. 4. Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements, in an amount of not less than $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer to be obtained during the course of the construction of the subdivision improvements, including all those improvements to be constructed on existing publicly dedicated or County -owned property, such as street, sidewalk, bikepath, lighting, signalization, traffic control, drainage, water, or sewer improvements. 5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed. Developer shall remain responsible for utility meter boxes, sewer clean outs, and drainage culvert inverts, to be in good repair, accessible, correctly plumbed, and not covered with topsoil, concrete or impervious material for the 1 -year maintenance period commencing after County issuance of a Certificate of Completion. 2 72 Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the required improvements are completed to the satisfaction of County, Developer acknowledges that Developer is responsible for posting a 1 -year warranty for road and drainage improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into. The funds posted under this Contract for Construction of Required Improvements will not be released until the applicable 1 -year warranty postings and appropriate warranty agreement and bill(s) of sale are in place. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the letter of credit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements and warranty to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. In no event, however shall the liability of the underwriting bank (or any County approved substituted guarantees) under this paragraph exceed the total amount of the original obligation stated in the letter of credit (or any County approved substituted guarantees). 7. The parties agree that the County at its option shall have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letter of credit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the letter of credit (or any County approved substituted guarantees) be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank (or any County approved substituted guarantees) to construct and warranty the required improvements. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property, known as proposed Pointe West East Village, Phase 2A PD, for purposes of completing the required improvements. If any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be 73 preserved and recited in any document transferring .title to Developer's successor and/or assigns. 8. Any letter of credit (or any County approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. D.R. HORTON, INC., a Delaware corporation DEVELOPER WITNESSES: sign: j By ' print nai ie._ &K-- Lt/fIL7NEtL— Daniel J. Lipari ssistant Secretary /1 Authority: resolutions adopted by the sign: ' ` Consent of Executive Committee of the print name. b(AV\101 C, t:nDWICS Board of Directors of D.R. Horton, Inc. dated January 12, 2015 INDIAN RIVER COUNTY, FLORIDA COUNTY By: , Jaso E. B own AIPPROVED AS TO FORM Cou vty, d inistrator ,ANP LEGAL 3 -yr- olpw? AuthResolution No. 2005-121 8YF f .,a 17 rif,,PUT Y 100U TY Ai"'roRWEY projected BCC plat approval date: May 1, 2018 4 74 EXHIBIT "A" NMASTELLER & MOLER. INC. CIVIL ENGINEERS - East Village at Pointe West - Phase 2A 4/19/2018 CERTIFIED COST ESTIMATE to confirm the project is at least 75% complete and to establish value of uncompleted land development improvements Descri tion Quantity Unit Unit Price TOTAL Complete $ Value Remaining $ Value Mobilization 1 LS $16,947.49 $16,947.49 0.90 $15,252.74 0.10 $1,694.75 Maintenance of Traffic 1 LS $5,000.00 $5,000.00 0.90 $4,500.00 0.10 $500.00 Clearing & Grubbing 1 LS $22,870.00 $22,870.00 1.00 $22,870.00 0 $0.00 Erosion & Water Pollution Control 1 LS $5,598.79 $5,598.79 1.00 $5,598.79 0 $0.00 Rough Gradin 1 LS $35,090.00 $35,090.00 1.00 $35,090.00 0 $0.00 Fine Gradin 1LS LF $35,090.00 $35,090.00 0.90 $31,581.00 0.10 $3,509.00 Sod - Lake Banks 7,200 1 SY $2.13 $15,336.00 -7,200 $15,336.00 0 $0.00 Seed & Mulch Lots and Open Areas 104.4001 SY $0.10 $10,440.00 0 $0.00 104,400 $10,440.00 CAP Storm - 18" dia. 141 LF Subtotal $146,372.28 141 $130,228.53 0 $16,143.75 STORM DRAINAGE Quantity Unit Unit Price TOTAL Complete $ Value Remaining $ Value Gutter Inlet w!T a "P" Bottom 22 EA $4,270.76 $93,956.72 22 $93,956.72 0 $0.00 Type "C" Inlet 5 EA $2,314.54 $11,572.70 5 $11,572.70 0 $0.00 T e "D" Inlet 4 EA $2,857.63 $11,430.52 4 $11,430.52 0 $0.00 Type "P" Storm Manhole 5 EA $4,110.63 $20,553.15 5 $20,553.15 0 $0.00 HDPE Storm - 15" dia. 133 LF $26.34 $3,503.22 133 $3,503.22 0 $0.00 HDPE Storm - 18" dia. 531 LF $31.26 $16,599.06 531 $16,599.06 0 $0.00 HDPE Storm - 24" dia. 946 LF $45.03 $42,598.38 946 $42,598.38 0 $0.00 HDPE Storm - 30" dia. 1,482 LF $59.97 $88,875.54 1,482 $88,875.54 0 $0.00 CAP Storm - 18" dia. 141 LF $41.00 $5,781.00 141 $5,781.00 0 $0.00 CAP Storm - 24" dia. 240 LF $53.48 $12,835.20 240 $12,835.20 0 $0.00 CAP Storm - 30" dia. 111 LF $73.79 $8,190.69 111 $8,190.69 0 $0.00 CAP Storm - 36" dia. 419 LF $88.38 $37,031.22 419 $37,031.22 0 $0.00 CAP Storm - 42" dia. 173 LF $120.93 $20,920.89 173 $20,920.89 0 $0.00 CAP Storm - 48" dia. 36 LF $128.77 $4,635.72 36 $4,635.72 0 $0.00 RCP Storm - 15" dia. 135 LF $32.84 $4,433.40 135 $4,433.40 0 $0.00 RCP Storm - 18" dia. 24 LF $40.26 $966.24 24 $966.24 0 $0.00 RCP Storm - 24" dia. 69 LF $54.08 $3,731.52 69 $3,731.52 0 $0.00 RCP Storm - 30" dia. 24 LF $74.49 $1,787.76 24 $1,787.76 0 $0.00 RCP Storm - 14" x 23" dia. 36 LF $40.50 $1,458.00 36$1,458.00 0 $0.00 RCP Storm - 29" x 45" dia. 24 LF $141.09 $3,386.16 24 $5 13B6.161 0 $0.00 Subtotal $394,247.09 $394,247.091 $0.00 SANITARY SEWER Quantity Unit Unit Price TOTAL Complete $ Value Remaining $ Value Core Existing & Tie In 1 LS $4,328.99 $4,328.99 1 $4,328.99 0 $0.00 4' Dia Manhole 0-6' 7 EA $5,297.58 $37,083.06 7 $37,083.06 0 $0.00 4' Dia Manhole 6-8' 1 EA $6,046.70 $6,046.70 1 $6,046.70 0 $0.00 4' Dia Manhole 8-10' 2 EA $6,983.94 $13,967.88 2 $13,967.88 0 $0.00 4' Dia Manhole 10-12' 1 EA $7,672.59 $7,672.59 1 $7,672.59 0 $0.00 8" PVC Pipe Cut 0-6' 1,424 LF $26.87 $38,262.88 1424 $38,262.88 0 $0.00 8" PVC Pipe Cut 6-8' 704 LF $31.35 $22,070.40 704 $22,070.40 0 $0.00 8" PVC Pipe Cut 8-10' 341 LF $35.83 $12,218.03 341 $12,218.03 0 $0.00 8" PVC Pipe Cut 10-12' 585 LF $42.55 $24,891.75 585 $24,891.75 0 $0.00 Single Service 9 EA $1,014.50 $9,130.50 9 $9,130.50 0 $0.00 Double Service 29 EA $1,208.22 $35,038.38 29 $35,038.38 0 $0.0 TV Lines 1 LS $14,108.96 $14,108.96 0.5 $7,054.48 0.5 $7,054.4 Fittin s Includes Deflections 1 LS Subtotal $224 820.12 1 $217 765.64 0 $7 054.48 POTABLE WATER Quantity Unit Unit Price TOTAL Complete $ Value Remaining $ Value Potable PVC Pie C-900 4" dia 1,240 LF $12.53 $15,537.20 1,240 $15,537.20 0 $0.00 Potable PVC Pipe, C-900 6" dia 1,230 LF $16.89 $20,774.70 1,230 $20,774.70 0 $0.00 Potable PVC Pipe, C-900 8" dia 1,500 LF $22.61 $33,915.00 1,500 $33,915.00 0 $0.00 Gate Valve - 4" 8 EA $1,088.41 $8,707.28 8 $8,707.28 0 $0.00 Gate Valve - 6" 5 EA $1,316.84 $6,584.20 5 $6,584.20 0 $0.00 Gate Valve - 8" 4 EA $1,965.18 $7,860.72 4 $7,860.72 0 $0.00 Fire Hydrant Assembly -Complete 3 EA $4,363.70 $13,091.10 3 $13,091.10 0 $0.00 Water Service, Double 24 EA $1,999.89 $47,997.36 24 $47,997.36 0 $0.00 Water Service Single 23 EA $2,086.11 $47,980.53 23 $47,980.53 0 $0.00 Testing Flush, Pressure Test, Bacterial 1 LS $4,038.97 $4,038.97 0.5 $2,019.49 0.5 $2,019.49 Temporary Jumper 2 EA $1,695.32 $3,390.64 2 $3,390.64 0 $0.00 Connect to Existing 2 EA $615.87 $1,231.74 2 $1,231.74 0 $0.0 Fittin s Includes Deflections 1 LS $14,554.62 $14,554.62 1 $14,554.62 0 $0. 0 auozoiai '9't/iv/ie' ii2 C hyo gbgM 1655 27th Street, Suite 2 Pa" of 2 Vero Beach, Florida 32960 (772)567-5300 MASTELLER & MOLER, INC. M ^ CIVIL ENGINEERS ^- East Village at Pointe West - Phase 2A 4/1912018 CERTIFIED COST ESTIMATE to confirm the project is at least 75% complete and to establish value of uncompleted land development improvements ROADS Quantity Unit Unit Price TOTAL Complete $ Value Remaining $ Value 8" Sub rade 14,300 SY $2.86 $40,898.00 12,870 $36,808.20 1,430 $4,089.80 6" Base Course 13,300 SY $11.70 $155,610.00 11,970 $140,049.00 1,330 $15,561.00 1.25" SP 9.5 1st Lift 12,300 SY $9.29 $114,267.00 11,070 $102,840.30 1,230 $11,426.70 Mod. Miami Curb 10,110 LF $12.60 $127,386.00 9,099 $114,647.40 1,011 $12,738.60 Concrete Sidewalk 4" Thick 1,510 SY $40.31 $60,868.10 1,510 $60,868.10 0 $0.00 Detectable Warnings 2' Wide 84 L$11,20 $450.00 $940.80 0 $0.00 84 $940.80 Sodding - Roadway & Sidewalk 4,400 SY 1 $2.24 $9,856.00 4,200 $9,408.00 200 1 $448.00 ]Sign and Painted Striping on 1st Lift 1 LS 1 $10,824.00 $10,824.00 0.90 1 $9,741.601 0.10 1 $1,082.40 Common Area Irrigation 1 1 LS Subtotal $520,649.90 0 $474,362.601 1 1 $46.287.30 LANDSCAPE Quantity Unit Unit Price TOTAL Complete $ Value Remaining $ Value Live Oak - 2" cal. 12' height 30 EA $440.00 $13,200.00 0 $0.00 30 $13,200.00 Laurel Oak - 2" cal 12' height 26 EA $440.00 $11,440.00 0 $0.00 26 $11,440.00 Cabbage Palm 10' ct min 55 EA $175.00 $9,625.00 0 $0.00 55 $9,625.00 Bald Cypress - 2" cal 12' ht 10 EA $175.00 $1,750.00 0 $0.00 10 $1,750.00 Slash Pine - 2" cal 12' ht 9 EA $175.00 $1,575.00 0 $0.00 9 $1,575.00 Red Cedar - 2" cal 12' ht 9 1 EA $450.00 $4,050.00 0 $0.00 9 $4,050.00 Mulch 20 YD $38.00 $760.00 0 $0.00 20 $760.00 Floratam 193,000 SF $0.32 $61,760.00 150,000 $48,000.00 43,000 $13,760.00 Common Area Irrigation 1 1 LS $32,000.00 $32,000.00 0 $0.00 1 $32,000.00 Subtotal $136160.00 $48,000.00 $8816000 OTHER QuantitVI Unit Unit Price TOTAL Complete $ Value Remaining $ Value Survey Stake -out 1 LS $8,000.00 $8,000.00 0.95 $7,600.00 0.05 $400.00 Survey As -Built 1 LS $8,000.00 $8,000.00 0.95 $7,600.00 0.05 $400.00 Survey - Set PCP and PRM 1 LS $6,000.00 $6,000.00 0.00 $0.00 1.00 $6,000.00 Engineer Inspections/Certs 1 LS $7,500.00 $7,500.00 0.90 $6,750.00 0.10 $750.00 65% $88,160.00 Subtotal $29,500.00 74% $21,950.00 26% $7,550.00 SUMMARY TOTAL Com late $ Value Remaining $ Value Earthwork and Grading $146,372.28 89% $130,228.53 11% $16,143.75 Storm Drainage $394,247.09 100% $394,247.09 0% 50.00 Sanitary Sewer $224,820.12 97% $217,765.64 3% $7,054.48 Potable Water $225,664.06 99% $223,644.58 1% $2,019.49 Roads $520,649.90 91% $474,362.60 9% $46,287.30 Landscape i $136,160.00 35% $48,000.00 65% $88,160.00 Other $29,500.00 74% $21950.00 26% $7,550.00 TOTAL1$1,677,413.45190% $1,510,198.441 10% $167 215.01 PERFORMANCE BOND SURETY AMOUNT (125%) $209,018.77 CERTIFICATE OF COST ESTIMATE_,sl�ifi1111Uibllu,_ I, Stephen E. Moler, a Florida rt�Sde g,Ti'd'>3(p. 33193, do hereby certify to Indian River County that a cost estimate has been prepared under my responsible directiop� �sC;���•tte fq this exhibit and that the total cost estimate for said improvements is estimated at $ 209,018.77. This estimate hasQAep pre ared, in parr' to iAd aproval by the County of a final plat for the East Village at Pointe West - Phase 2A project, and for the purposeaf est*ishifq8��+�3ry nts r arrtb jjjjjjSssociated therewith. .- � STATE OF :: Q Stephen E. Moler, PE, FL # 331 :FJ! : Vice President s�0IVg1, EN111`` f/f11//111111111111` File#1619 [Cost Estimate] Copy of PerformanceSondEstimate-Phase 2A-1 8-0419.)dsx lac- &/1/!. A 1g1rf 1655 27th Street, Suite 2 P462 of 2 Vero Beach, Florida 32960 (772)567-5300 Eful Do Welts Fargo Bank, N.A. U.S. Trade Services ` Standby Letters of Credit 401 NT. Research Pkiay,1st Floor MAC D4004-017, thinston-Salem, NC 27101-4157 Phone:1(800) 776-3862 Option 2 E -Mail: sblc-neiv@wellsfargo.com BENEFICIARY Irrevocable Standby Utter Of Credit Number: IS00003953OU Issue Date : May 2, 2018 APPLICANT INDIAN RIVER COUNTY D.R. HORTON, INC. BOARD OF COUNTY COMMISSIONERS 1341 NORTON CIRCLE 1801 27TH STREET ARLINGTON, TEXAS 76011 VERO BEACH, FLORIDA 32960 LETTER OF CREDIT ISSUE AMOUNT USD. 209,018.77 EXPIRY DATE LADIES AND GENTLEMEN: AUGUST 1, 2019 BY ORDER OF D.R. HORTON, INC., A DELAWARE CORPORATION, WELLS FARGO BANK, N.A. HEREBY ESTABLISHES AN IRREVOCABLE LETTER OF CREDIT NO. IS00003953OU IN YOUR FAVOR IN THE AMOUNT OF US $209,018.77 (USD TWO HUNDRED NINE THOUSAND EIGHTEEN AND 77/100) EFFECTIVE AS OF MAY 2, 2018, AND EXPIRING AT OUR OFFICE AT THE CLOSE OF BUSINESS ON 08/01/2019. WE HAVE BEEN INFORMED THATTHIS LETTER OF CREDIT IS PROVIDED TO YOU AS REQUIRED UNDER THE CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS BETWEEN D.R. HORTON, INC. AND INDIAN RIVER COUNTY, RELATING TO POINTE WEST EAST VILLAGE, PHASE 2A PD WHICH CONTRACT IS NUMBERED PD -17-02-01 (99070081-80228). WELLS FARGO BANK, N.A. SHALL MAKE FUNDS AVAILABLE UNDER THIS CREDIT TO YOU NOT EXCEEDING IN THE AGGREGATE THE AMOUNT OF THIS CREDIT AGAINST YOUR SIGHT DRAFT TO US MENTIONING THIS LETTER OF CREDIT NO. IS000039530U, ACCOMPANIED BY A LETTER FROM THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, WITH APPROVAL SIGNATURES OF THE COUNTY ATTORNEY OR HIS DESIGNEE, AND THE DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET OR HIS DESIGNEE, STATING THAT D.R. HORTON, INC. HAS DEFAULTED UNDER THE TERMS OF THE AFOREMENTIONED CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS, AND THAT THE AMOUNT OF THE DRAFT REPRESENTS THE AMOUNT REQUIRED BYTHE COUNTY TO FULFILL THE PERFORMANCE OF SAID CONTRACT FOR THE CONSTRUCTION OF REQUIRED IMPROVEMENTS. DRAFTS PRESENTED FOR PAYMENT UNDER THE CREDIT SHALL BE MARKED, "DRAWN ON IRREVOCABLE LETTER OF CREDIT NO. IS00003953OU OF WELLS FARGO BANK, N.A." THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR CONTRACT. Together we'll go far Page 1 of 2 Each page of this document is an integral part of this Irrevocable Standby Letter of Credit Number IS00003953OU WE HEREBY AGREE THAT YOUR SIGHT DRAFT AND LETTER AS MENTIONED ABOVE SHALL BE DULY HONORED AND PAYMENT MADE UPON DUE PRESENTATION TO OUR OFFICE LOCATED AT THE ABOVE ADDRESS OR BY FACSIMILE TRANSMISSION SPECIFIED BELOW, BEFORE 5:00 P.M. NO LATER THAN AUGUST 1, 2019. PRESENTATION OF DRAWING DOCUMENTS IN COMPLIANCE WITH THIS LETTER OF CREDIT SHALL BE PRESENTED AT OUR OFFICE AT 401 N. RESEARCH PKWY., 1 ST FLOOR, WINSTON SALEM, NORTH CAROLINA 27101, ATTENTION: STANDBY LETTER OF CREDIT DEPARTMENT ON OR BEFORE THE EXPIRATION DATE. ALTERNATIVELY, DRAWINGS MAY ALSO BE PRESENTED TO US BY FACSIMILE TRANSMISSION TO FACSIMILE NUMBER 844-879-5593 (EACH SUCH DRAWING, A "FAX DRAWING"); PROVIDED, HOWEVER, THAT A FAX DRAWING WILL NOT BE EFFECTIVELY PRESENTED .UNTIL YOU CONFIRM BY TELEPHONE OUR RECEIPT OF SUCH FAX DRAWING BY CALLING US AT TELEPHONE NUMBER 1-800-776-3862 OPTION 2. IF YOU PRESENT A FAX DRAWING UNDER THIS LETTER OF CREDIT YOU DO NOT NEED TO PRESENT THE ORIGINAL OF ANY DRAWING DOCUMENTS, AND IF WE RECEIVE ANY SUCH ORIGINAL DRAWING DOCUMENTS THEY WILL NOT BE EXAMINED BY US. IN THE EVENT OF A FULL OR FINAL DRAWING THE ORIGINAL STANDBY LETTER OF CREDIT MUST BE RETURNED TO US BY OVERNIGHT COURIER. ANY CHANGE IN FAX NUMBER, PHONE NUMBER, OR ADDRESS AFFECTING PRESENTATION, MUST BE PROVIDED IMMEDIATELY IN WRITING TO THE ATTENTION OF OFFICE OF MANAGEMENT AND BUDGET, AT BENEFICIARY'S ADDRESS. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS CREDIT IS SUBJECT TO AND GOVERNED BY THE LAWS OF THE STATE OF FLORIDA AND THE INTERNATIONAL STANDBY PRACTICE 1998 INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590 (iSP98) AND, IN THE EVENT OF ANY CONFLICT, THE JURISDICTION IS IN FLORIDA, AND THE LAWS OF THE STATE OF FLORIDA WILL CONTROL. Very Truly Yours, WELLS FARGS0,6A NK, N..A., By —, ;� JIMF F1 U ; uth.,oiized Signature The original of the Lettet of Credit curtains an embossed seal over the Authorized Signature. Please direct any written correspondence or inquiries regarding this Letter of Credit, always quoting our reference number, to Wells Fargo Bank, National Association, Attn: U.S. Standby Trade Services ateither 794 Davis Street, 2nd Floor MAC A0283-023, San Leandro, CA 94577-6922 or 401 N. Research Pkwy,1 st Floor MAC D4004-017, WINSTON-SALEM, NC 27101-4157 Phone inquiries regarding this credit should be directed to our Standby Customer Connection Professionals 1-800-776-3862 Option 2 1-800-776-3862 Option 2 (Hours of Operation: 8:00 a.m. PT to 5:00 p.m. PT) (Hours of Operation: 8:00 a.m. EST to 5:00 p.m. EST) Together we'll go far Page 2 of 2 Each page of this multipage document is an integral part of this Irrevocable Standby Leiter of Credit Number 150000395300 Pointe West East Village, Phase 2A PD CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT CONTRACT NO. PD -17 -02 -01 -FLA (99070081-80228) Irk M114 THIS CONTRACT, made and entered into this 1 day of AlAl, 2018, by and between D. R. HORTON, INC., a Delaware corporation, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer has commenced proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a certificate of completion for the subdivision shall not be issued until the Developer has installed the required improvements (with the exception of a final asphalt lift) and entered into a warranty agreement to warranty paving and drainage improvements for a 1 -year period; and WHEREAS, Developer has installed a 1'/4 -inch asphalt lift, but does not wish to install the final lift until such time as a majority of the homes have been constructed so as to make the subdivision more aesthetically pleasing; and WHEREAS, Developer has guaranteed to the satisfaction of the County that such final lift of asphalt will be installed by posting either cash or a letter of credit with the County in an amount of 125% of the estimated cost as certified by Developer's engineer and approved by the County Engineer. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to install in a good and workmanlike manner, the improvements described in Exhibit "A" attached hereto the earlier of 2 years from the project's projected date of Certificate of Completion; 60 days prior to turnover to homeowner association; or prior to certificate of occupancy for last residence in subdivision (or a separately platted phase of a subdivision). 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof. 79 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish either cash or a letter of credit, to be approved by the County Attorney, naming Indian River County Office of Management and Budget, as the escrow agent or beneficiary, in the amount of $100,485,00, which amount is not less than one hundred twenty-five percent (125%) of the estimated total cost of the final lift of asphalt. It is understood that the full amount of the above-described security shall remain available to the County and shall not be reduced. 4. Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the installation of the final lift of asphalt, in an amount of not less than $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer. 5. In the event the Developer shall fail or neglect to fulfill its obligations under this contract, the Developer, as principal, and the posted funds shall be liable to pay for the cost of the final lift of asphalt to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property for purposes of completing the required improvements. if any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited in any document transferring title to Developer's successor and/or assigns. 6. The parties agree that the County at its option shall have the right, but not the obligation, to construct/install or, pursuant to receipt of competitive bids, cause to be constructed and installed the final lift of asphalt in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the security posted for the final total cost of the work. Developer shall remain wholly liable for any resulting deficiency, should the posted security be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any fund other than those provided by the Developer to complete the work. 7. Any posted security provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 8. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. D.R. HORTON, INC., a Delaware corporation - 7 Developer By: Daniel J. Liparini, Assistant Secretary Authority: resolutions adopted by the Consent of Executive Committee of the Board of Directors of D.R. Horton, Inc. dated January 12, 2015 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER CO NTY, FLORIDA ,-"N k) /) County Jason l County Authorit}�. Resolution No. 2006-155 APPRFOVV.E%[�SS B G ATI -ERS: By: ">-�^'�'��� projected date of Certificate of Completion: May 1, 2019 Michael Smykowski, OMB Director APPROVED AS TO FORA, ` � LEGAL SUF�tjCipfY• ��� �." t;`,•r/f/1 William i-beBraal Deputy County Attorney 81 EXHIBIT "A" MASTELLER & MOLER. INC. M CIVIL ENGINEERS East Village at Pointe West - Phase 2A 4/3/2018 CERTIFIED COST ESTIMATE FINAL LIFT ASPHALT Description Quantity Unit Unit Price TOTAL Mobilization 1 LS $10,000.00 $10,000.00 1" SP 9.5 - 2nd Lift 9,398 SY $6.00 $56,388.00 Restripe Pavement 1 LS $8,000.00 $8,000.00 Reset PCP's 1 J LS $6,000.001 $6,000.00 TOTAL $80,388.00 Sure ISG ty Amount ( 125% ) $100,485.00 I'VVG CERTIFICATE OF COST ESTIMATE I, Stephen E. Moler, a Florida registered engineering, License No. 33193, do hereby certify to Indian River County that this cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimate is true and accurate to the best of my knowledge. This estimate has been prepared, in part, to induce approval by the CourA1 � plot for the Pointe West East Village - Phase 2A project, and for the purpose of establishing proper surgIr therewith. No• 33193 Stephen E. Moler, P' 193— "'" Vice President-��t�,S/•.ORIpP:��QQ File#1619 [Final Lift] Copy of PerformanceBondEstimate Phase 2A_18-0419.xtsx 1655 27th Street, Suite 2 Page 1 of 1 Vero Beach, Florida 32960 82 (772)567-5300 Wells Fargo Bank, N.A. 0 U.S. Trade Services Standby Letters of Credit 401 N. Research Pkwy, ist Floor MI ACD4004-oil, - Winston-Salem, NC 27101-4157 Phone:1(800) 776-3862 Option 2 E -Mail: sblc-new@-wellsfargo.com BENEFICIARY Irrevocable Standby Letter Of Credit Number: ISOb0039534U issue Date : May 2, 2018 APPLICANT INDIAN RIVER COUNTY D.R. HORTON, INC. BOARD OF COUNTY COMMISSIONERS 1341 HORTON CIRCLE 1801 27TH STREET ARLINGTON, TEXAS 76011 VERO BEACH, FLORIDA 32960 LETTER OF CREDIT ISSUE AMOUNT USD 100,485.00 EXPIRY DATE LADIES AND GENTLEMEN: AUGUST 1, 2019 BY ORDER OF D.R. HORTON, INC., A DELAWARE CORPORATION, WELLS FARGO BANK, N.A. HEREBY ESTABLISHES AN IRREVOCABLE LETTER OF CREDIT NO. IS000039534U IN YOUR FAVOR IN THE AMOUNT OF US $100,485.00 (USD ONE HUNDRED THOUSAND FOUR HUNDRED EIGHTY FIVE AND 00/100) EFFECTIVE AS OF MAY 2, 2018, AND INITIALLY EXPIRING AT OUR OFFICE AT THE CLOSE OF BUSINESS ON 08/01/2019. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT WRITTEN AMENDMENT FOR ONE YEAR PERIODS FROM THE PRESENT OR ANY FUTURE EXPIRY DATE UNLESS AT LEAST 90 CALENDAR DAYS PRIOR TO SUCH EXPIRATION DATE, WE SEND THE BENEFICIARY NOTICE AT THE ABOVE STATED ADDRESS BY CERTIFIED MAIL OR OVERNIGHT COURIER THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT BEYOND THE INITIAL OR ANY EXTENDED EXPIRY DATE HEREOF. IN THE EVENT THATTHE CUSTOMER DOES NOT PROVIDE ALTERNATE SECURITY WITHIN THIRTY (30) DAYS OF NOTICE, THE COUNTY SHALL HAVE THE RIGHT TO DRAW ON THE LETTER OF CREDIT NOTWITHSTANDING THE LACK OF ANY DEFAULT UNDER THE CONTRACT. THIS STANDBY LETTER OF CREDIT SHALL NOT BE EXTENDED BEYOND 08/01/2021 WHICH WILL BE CONSIDERED THE FINAL EXPIRATION DATE. ANY REFERENCE TO A FINAL EXPIRATION DATE DOES NOT IMPLY THAT WELLS FARGO BANK, N.A. IS OBLIGATED TO EXTEND THIS CREDIT BEYOND THE INITIAL EXPIRY DATE OR ANY EXTENDED DATE HEREOF, WE HAVE BEEN INFORMED THATTHIS LETTER OF CREDIT IS PROVIDED TO YOU AS REQUIRED UNDER THE CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT BETWEEN D.R. HORTON, INC. AND INDIAN RIVER COUNTY RELATING TO POINTE WEST EAST VILLAGE, PHASE 2A PD WHICH CONTRACT IS NUMBERED PD -17 -02 -01 -FLA (99070081-80228). WELLS FARGO BANK, N.A. SHALL MAKE FUNDS AVAILABLE UNDER THIS CREDIT TO YOU NOT EXCEEDING IN THE AGGREGATE THE AMOUNT OF THIS CREDIT AGAINST YOUR SIGHT DRAFT TO US MENTIONING THIS LETTER OF CREDIT NO. IS000039534U, ACCOMPANIED BY A LETTER FROM THE COUNTY ADMINI5T r we'll go far Page 1 of 3 Each page of this document is an integral part of this Irrevocable Standby Letter of Credit Number IS000039534U OR HIS DESIGNEE, WITH APPROVAL SIGNATURES OF THE COUNTY ATTORNEY OR HIS DESIGNEE, AND THE DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET OR HIS DESIGNEE, STATING THAT D.R. HORTON, INC. HAS DEFAULTED UNDER THE TERMS OF THE AFOREMENTIONED CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT OR FAILED TO POST ALTERNATE SECURITY, AND THAT THE AMOUNT OF THE DRAFT REPRESENTS THE AMOUNT REQUIRED BY THE COUNTY TO FULFILL THE PERFORMANCE OF SAID CONTRACT FOR THE CONSTRUCTION FOR FINAL LIFT OF ASPHALT. DRAFTS PRESENTED FOR PAYMENT UNDER THE CREDIT SHALL BE MARKED, "DRAWN ON IRREVOCABLE LETTER OF CREDIT NO. IS000039534U OF WELLS FARGO BANK, N.A." THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR CONTRACT. WE HEREBY AGREE THAT YOUR SIGHT DRAFT AND LETTER AS MENTIONED ABOVE SHALL BE DULY HONORED AND PAYMENT MADE UPON DUE PRESENTATION TO OUR OFFICE LOCATED AT THE ABOVE ADDRESS OR BY FACSIMILE TRANSMISSION SPECIFIED BELOW, BEFORE 5:00 P.M. NO LATER THAN AUGUST 1, 2019 OR ANY EXTENDED EXPIRATION DATE. PRESENTATION OF DRAWING DOCUMENTS IN COMPLIANCE WITH THIS LETTER OF CREDIT SHALL BE PRESENTED AT OUR OFFICE AT 401 N. RESEARCH PKWY., 1 ST FLOOR, WINSTON SALEM, NORTH CAROLINA 27101, ATTENTION: STANDBY LETTER OF CREDIT DEPARTMENT ON OR BEFORE THE EXPIRATION DATE. ALTERNATIVELY, DRAWINGS MAY ALSO BE PRESENTED TO US BY FACSIMILE TRANSMISSION TO FACSIMILE NUMBER 844-879-5593 (EACH SUCH DRAWING, A "FAX DRAWING"); PROVIDED, HOWEVER, THAT A FAX DRAWING WILL NOT BE EFFECTIVELY PRESENTED UNTIL YOU CONFIRM BY TELEPHONE OUR RECEIPT OF SUCH FAX DRAWING BY CALLING US AT TELEPHONE NUMBER 1-800-776-3862 OPTION 2. IF YOU PRESENT A FAX DRAWING UNDER THIS LETTER OF CREDIT YOU DO NOT NEED TO PRESENT THE ORIGINAL OF ANY DRAWING DOCUMENTS, AND IF WE RECEIVE ANY SUCH ORIGINAL DRAWING DOCUMENTS THEY WILL NOT BE EXAMINED BY US. IN THE EVENT OF A FULL OR FINAL DRAWING THE ORIGINAL STANDBY LETTER OF CREDIT MUST BE RETURNED TO US BY OVERNIGHT COURIER. ANY CHANGE IN FAX NUMBER, PHONE NUMBER, OR ADDRESS AFFECTING PRESENTATION, MUST BE PROVIDED IMMEDIATELY IN WRITING TO THE ATTENTION OF OFFICE OF MANAGEMENT AND BUDGET, AT BENEFICIARY'S ADDRESS. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS CREDIT IS SUBJECT TO AND GOVERNED BY THE LAWS OF THE STATE OF FLORIDA AND THE INTERNATIONAL STANDBY PRACTICE 1998 INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590 (ISP98) AND, IN THE EVENT OF ANY CONFLICT, THE JURISDICTION IS IN FLORIDA, AND THE LAWS OF THE STATE OF FLORIDA WILL CONTROL. Very Truly Yours,' WELLS F O BAI N -.A. Sy: Authorized Signature The original of the Letter of Credit contains are embossed seas over the Authorized Signature. Together we'll go far Page 2of3 Each page of this multipage document is an integral part of this Irrevocable Standby Letter of Credit Number IS000039534U Please direct any written correspondence or inquiries regarding this Letter of Credit, always quoting our reference number, to Wells Fargo Bank, National Association, Attn: U.S. Standby Trade Services oteither 794 Davis Street, 2nd Floor MAC A0283-023, San Leandro, CA 94577-6922 or 401 N. Research Pkwy, 1 st Floor MAC D4004-017, WINSTON-SALEM, NC 27101-4157 Phone inquiries regarding this credit should be directed to our Standby Customer Connection Professionals 1-800-776-3862 Option 2 1-800-776-3862 Option 2 (Hours of Operation: 8:00 a.m. PT to 5:00 p.m. PT) (Hours of Operation: 8:00 a.m. EST to 5:00 p.m. EST) Together we'll go far Page 3 of 3 Each page of this multipage document is an integral part of this Irrevocable Standby Letter of Credit Number IS000039534U POINTE WEST EAST VILLAGE._ PHASE 2A PD BEING A REPLAT OF A PORTION OF PARCEL B OF THE PLAT OF POINTE WEST EAST VILLAGE PHASE I PO AS RECORDED IN PLAT BOOK 22, PAGE 59, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CERTIFICATE OF DEDICATION STATE OU FLORIDA COUNTY OF BREVARD KNOW ALL MEN BY THESE PRESENTS, THAT D.R. HORTON. INC., A DELAWARE PROFIT CORPORATION, BEING THE FEE SIMPLE OWNER OF THE LAND DESCRIBED AND REPLATTED HEREIN, AS POINTE WEST EAST VILLAGE PHASE 2A PD. BEING IN INDIAN RIVER COUNTY, FLORIDA. HAS CAUSED SAID LANDS TO BE SURVEYED AND PUTTED AS SHOWN HEREON AND DOES HEREBY DEDICATE AS FOLLOWS: 1) STREETS AND RIGHTS-OF-WAY: ALL STREETS AND RIGHTS-OF-WAY AS SHOWN ON THIS PUT (EAST VILLAGE SQUARE. INNERLEVEN AVENUE AND ABERDEEN STREET) ARE HEREBY DECLARED TO BE AND SMALL REMAIN PRIVATE THEY ARE DEDICATED TO THE POINTE WEST MASTER PROPERTY OWNERS ASSOCIATION, INC. FOR THE USE AND BENEFIT OF THE OWNERS AND RESIDENTS OF THIS SUBDIVISION" AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE POINTE WEST MASTER PROPERTY OWNERS ASSOCIATION. INC. ALL PUBLIC AUTHORITIES, INCLUDING BUT NOT UNITED TO POLICE, FIRE" AMBULANCE, INDIAN RIVER COUNTY MOSQUITO CONTROL DISTRICT AND UTILITY PROVIDERS SHALL HAVE THE RIGHT TO USE ME STREETS IN THE COURSE OF PERFORMING THEIR RESPECTIVE DUTIES. THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FLORIDA SHALL HAVE NO RESPONSIBILITY, DUTY OR UABIUTY YMATSOEVER REGARDING SUCH STREETS. 2) URUTY EASEMENTS: THE UTIUTY EASEMENTS AS SHOWN ON THIS PUT ARE HEREBY DEDICATED IN PERPETUITY TO INDIAN RIVER COUNTY FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF UTIUTIES BY ANY UTILITY PROVIDER, INCLUDING CABLE TELEVISION SERVICES. IN COMPLIANCE WITH SUCH ORDINANCES AND REGULATIONS AS MAY BE ADOPTED FROM TIME TO TIME BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. FRONT YARD UTILITY EASEMENTS ARE SUBJECT TO THE RIGHT OF EACH LOT TO HAVE A DRIVEWAY FOR INGRESS/EGRESS AS APPROVED BY ME COUNTY. 3) DRAINAGE EASEMENTS: ALL DRAINAGE EASEMENTS AS SHOWN ON THIS PUT ARE HEREBY DEDICATED IN PERPETUITY TO THE POINTE WEST MASTER PROPERTY OWNERS ASSOCIATION, INC. FOR THE CONSTRUCTION AND MAINTENANCE OF DRAINAGE FACILITIES AND SHALL BE ME PERPETUAL MAINTENANCE OBLIGATION OF ME POINTE WEST MASTER PROPERTY OWNERS ASSOCIATION, INC. INDIAN RIVER COUNTY IS GRANTED ME RIGHT TO USE. ACCESS AND DRAIN INTO ME DRAINAGE EASEMENTS D ANALSO GRANTED THE RICHT, BUT NOT ME OBUGATION, TO PERFORM EMERGENCY MAINTENANCE ON SAID DRAINAGE EASEMENTS. 4) OPEN SPACE ANO RECREATION: TRACTS 1, 2. 3. 4, 5, 6, 7, 8 AND 14 AS SHOWN HEREON ARE HEREBY DEDICATED IN PERPETUITY TO THE POINTE WEST MASTER PROPERTY OWNERS ASSOCIATION, INC. FOR RECREATION AND OPEN SPACE AND SHALL BE THE PERPETUAL MAINTENANCE OBUGATION OF THET POINTE NES MASTER PROPERTY OWNERS ASSOCIATION INC. 5)E. ACCESS, AND UEASEMENTS: 25 FOOTTILITY ME 25 FOOT AND D FOOT DRAINAGE, ACCESS AND UTILITY EASEMENTS E HEREBY D AVENUE, FORMOST DRIVE, MUWGAN DRIVE AND BROPERTLD TERRACE) SO SHOWN ON THIS PUT ARE HEREBY DEDICATED IN STRPENItt TO ME POINTE WEST MASTER PROPERTY OWNERS ASSOCIATION, INC. FOR DRAINAGE, ACCESS AND ME CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF UTILITIES BY ANY UTILITY PROVIDER, INCLUDING CABLE TELEVISION SERVICES, IN COMPLIANCE NIM SORDINANCES AND REGULATIONS AS MAY BE ADOPTED FROM 110E TO TIME BY THE BOARD OF COUNTY COMMISSIONERS RS OF INDIAN RIVER COUNTY, FLORIDA AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OFT NOT POINTE WEST MASTER PROPERTY OWNERS AN RIVER CO INC. ALL PUBLIC AUTHORITIES, INCLUDING BUT NOT UNITED TO POLICE, I FIRE AMBULANCE, INDIAN RIVER COUNTY SEMOSQUITO CONTROL DISTRICT AND UTILITY PROVIDERS SHALL HAVE THE RIGHT IS USE ME EASEMENTS IN THE COURSE ID PERFORMING MSIR RESPECTIVE DUTIES. LI BOARD H COUNTY COMMISSIONERS Of INDIAN RIVER COUNTY, FLORIDA, SHALL HAVE NO RESPONSIBILITY, DUTY OR LIABILITY WHATSOEVER REGARDING SUCH EASEMENTS. IN WITNESS WHEREOF, D.R. HORTON, INC., A DELAWARE PROFIT CORPORATION, HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS ASSISTANT SECRETARY, DANIEL J. UPARIN. WITH FULL AUTHORITY OF ITS BOARD OF DIRECTORS THIS THE _ DAY OF 201& WITNESS (SIGNATURE) WITNESS (SIGNATURE BY: _ DANIEL J. UPARINI, ASSISTANT SECRETARY WITNESS (PRINT NAME) WITNESS (PRINT NAME) ACKNOWLfOGEMENT TO DEDICATION: MCI FLORIDA COUNTY OF BREVARD ME FOREGOING CERTIFICATE OF DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2018 BY DANIEL U UPARINI, ASSISTANT SECRETARY, OF D.R. HORTON, INC., A DELAWARE PROFIT CORPORATION, ON BEHALF Of SAID CORPORATION, WHO IS PERSONALLY KNOWN TO ME. NOTARY PUBLIC: NUMBER: MY CO PRINT NAME: 4Y COMMISMIS SION E%KBEs CERDfJCATE OF APPROVAL BY BOARD IIF COUNTY COMMISSIONERS - MIS IS TO CERTIFY MAT ON POINTE WEST EAST VILLAGE PHASE 2A PD WAS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AND ME UTIUW EASEMENTS ARE ACCEPTED. PETER D. O'BRYAN CHAIRMAN OF THE BOARD ATTEST: JEFFREY R. SMITH, CLERK OF ME COURT AND COMPTROLLER, INDIAN RIVER COUNTY BY: DEPUTY CLERK (CLERK TO THE BOARD) CERTIFICATE DF APPROVAL BY COUNTY ADMINISTRATOR: EXAMINED AND APPROVED: BY: DATE: JASON E. BROWN, COUNTY ADMINISTRATOR LOCATION SKETCH 16TH STREET I f POSTIrvTE n" SE I POINTE WEST PHASE POINTE WEST EAST NLLaGE PB TI, PG 59 EAST VILLAGE PHASE i 1 2 PG 59 ZONING PDTND PS 22, PG 59 ZONINL PD iNO ZONING A -t LAND USE LAND USE 'G -LAND USE AG -t 14TH LANE _ ZONING PUMD SUBJECT POINTE NEST LAND USE AG- GE PROPER iY tLP� EAST vILSO11 F cN �' PHASE PB t SOUTH EAST CIG SD N RE`l� 2J. PL 90 lyEST B 2,. MAt P s ZONING PD MD 90" PSE 1' D uSE N -I PH 12TH STREET NOT t0 SCALE LEGAL DESCRIPTION BEING A PORTION OF PARCEL B. POINTE WEST EAST VILLAGE, PHASE 1 PD, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PUT BOOK 22. PACE 59, PUBLIC RECORDS OF INDIAN RIVER COUNTY" FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B; THENCE NORM 6917'32' EAST ALONG THE SOUTH LINE OF SAID PARCEL B. A DISTANCE OF I"863.21 FEET TO ME EAST LINE OF SAID PARCEL B. THENCE NORM 0096'28' WEST ALONG THE EAST LINE OF SAID PARCEL B. A DISTANCE OF 290.23 FEET, THENCE SOUTH 895332' WEST A DISTANCE 150.01 FEET,, THENCE NORM OOD6'28' WEST, A DISTANCE OF 29.00 FEET; HENCE SW 8953'32' WEST A DISTANCE OF 376.46 FEET HENCE SWM 00716'78' UST A SW CE OF 130.00 FEET TO A POINT OF CURVATURE ON A CIRCULAR CURVE; THENCE rr SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF IOW FEET, THRWOH A� CENTRAL ANGLE OF 9090'00', FOR AN ARC LENGTH OF 1171 FEET TO A POINT OF TANGENCT' THENCE SOUTH 895332' WEST, A DISTANCE OF 26100 FEET, THENCE M 0070'28' WEST, A DISTANCE OF 10.00 FEET THENCE SOUTH 8953'32' WEST, A d5{fCE OF 60.00 FEET MENGE SOUTH 009628' EAST A DISTANCE OF 10.00 FEET,. THEN SOUTH 895"432' WEST A DISTANCE OF 270.00 FEET,, THENCE NORTH 0017646 W£ A DISTANCE OF 10.00 FEET THENCE SOUTH 8953'32'''WEST, A DISTANCE OF 60.00 T,' THENCE SOUTH 0096'46' EAST A DISTANCE OF 1000 FEET,' THENCE SOUTH 8953'3 WEST, A DISTANCE OF 270.00 FEET THENCE NORM 0016'11' WEST, A DISTANCE OF 1 FEET MENGE SOUTH 8953'32' WEST, A DISTANCE OF 60.00 FEET MENCE SOUTH 0096'11' EAST" A DISTANCE OF 10.00 FEET; THENCE SOUTH 8953'32' WEST, A DISTANCE OF 265.00 FEET TO A POINT OF CURVATURE ON A CIRCULAR CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 10.00 FEET, THROUGH A CENTRAL ANGLE OF 9090'00'" FOR AN ARC LENGTH OF 15.71 FEET TO AN INTERSECTION WIN THE EAST RIGHT-OF-WAY LINE OF EAST VILLAGE DRIVE AS SHOWN ON INC SAID PUT OF POINTE WEST EAST VILLAGE, PHASE 1 PD, SAID CURVE IS SUBTENDED BY A CHORD OF 14.14 FEET THAT BEARS NORM 4576'28' WEST THENCE SWM 0096'28' EAST ALONG SAID EAST RIGHT-OF-WAY LINE OF EAST VILLAGE DRIVE A DISTANCE OF 60.02 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF EAST VILLAGE DRIVE AS SHOWN ON THE PUT OF POINTE WEST EAST VILLAGE PHASE 1 SOUTH PD AND RECORDED IN PUT BOOT( 27, PACE 90 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY" FLORIDA THENCE CONTINUE SOUTHERLY ALONG ME SAID EAST FLIGHT OF WAY LINE ME FOLLOWING, THENCE SWM 0096'28' EAST, A DISTANCE OF 552.45 FEET TO A POINT OF CURVATURE ON A CIRCULAR CURVE; THENCE SOUTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 20'3600' FOR AN ARC LENGTH OF 899 FEET TO A POINT OF TANGENCY; THENCE SOUTH 20"42'28' EAST" A DISTANCE OF 17.10 FEET TO A POINT OF CURVATURE ON A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE" HAVING A RADIUS OF 10.00 FEET, THROUGH A CENTRAL ANGLE OF 9090'00' FOR AN ARC LENGTH OF 15.71 FEET, SAID CURVE IS SUBTENDED BY A CHORD OF 14.14 FEET THAT BEARS SOUTH 65'42'28' EAST, THENCE SOUTH 20'42'28' EAST, A DISTANCE OF 50.00 FEET TO AN INTERSECTION 1WTH THE SWM LINE OF EAST VILLAGE SQUARE AS SHOWN ON ME SAID PUT OF POINTE WEST EAST VILLAGE PHASE 1 SWM PD; THENCE SOUTH 6917'32' WEST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 41.10 FEET,. THENCE LEAWNG SAID RIGHT -CF -WAY UNE SOUTH 20'4228' EAST A DISTANCE OF 150.00 FEET TO ME PONT OF BEGINNING CONTAINING 99476828 SQUARE FEET OR 22.81 ACRES, MORE OR LESS. CER1WlCATE OF SURVEYOR: KNOW ALL MEN BY MESE PRESENTS, THAT ME UNDERSIGNED. BEING A UCENSED AND REGISTERED LAND SURVEYOR, DOES HEREBY CERTIFY THAT ON 05/24/17, I COMPLETED THE SURVEY OF ME LANDS AS SHOWN IN THE FOREGOING PLAT; THAT SNO PLAT IS A CORRECT REPRESENTATION OF ME LANDS THEREIN DESCRIBED AND PLATTED OR SUBDIVIDED; MAT PERMANENT REFERENCE MONUMENTS, PERMANENT CONTROL POINTS AND LOT CORNERS HAVE BEEN SET IN COMPLIANCE WITH CHAPTER 177, FLORIDA STATUTES AS AMENDED; AND MAT SAID LAND IS LOCATED IN INDIAN RIVER COUNTY, FLORIDA THIS PUT COMPLIES WITH ALL REQUIREMENTS OF CHAPTER 913, SUBDIVISION AND PUTTING OF INDIAN RIVER COUNTYS LAND DEVELOPMENT CODE AND FLORIDA STATUTES AS AMENDED. THE TIES TO GOVERNMENT CORNERS AS SHOWN HEREON DO HEREBY CONFORM TO FCCC THIRD ORDER CLASS 1 STANDARDS AS REQUIRED. SIGNED: DATED DAVID TAYLOR. FLORIDA REGISMATIW NO. 5243 PROFESSIONAL SURVEYOR AND MAPPER, MASTEIIER, MO.ER & TAYLOR, INC. CERTIFICATE OF AUTHORIZATION W44 1655 27th STREET, SUITE 2, VERO BEACH, FLORIDA 32960 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WILLIAM K. D4BRAAL, DEPUTY COUNTY ATTORNEY ACCEPTANCE 6 %T-RQQON: THE POINTE WEST MASTER PROPERTY OWNERS ASSOCIATION, INC., HEREBYACCEPTS EACH AND EVERY DEDICATION TO IT CONTAINED ON THIS PLTH AT AND ACCEPTS E MAINTENANCE NCE , 7. 8 AND 14, FOR THE STREETS AND RIGHTS AI WAY, DRAINAGE EASEMENTS, TRACTS 1, 2, 3, 4, 5, 6, 7, 6 AND i!, AND THE 25 FOOT AND 40 FOOT DRAINAGE, ACCESS &UTILITY EASEMENTS. POINTE WEST MASTER PROPERTY WITNESS: OWNERS ASSOCIATION, INC. PRINTED NAME: BY: WITNESS: SARAH WICKER, PRESIDENT PRINTED NAME STATE OF FLORIDA COUNTY OF ME FOREGOING ACCEPTANCE OF DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2018 BY SARAH WICKER, PRESIDENT OF ME POINTE WEST MASTER PROPERTY OWNERS ASSOCIATION, INC. A FLORIDA NONPROFIT CORPORATION, WHO EXECUTED SAME ON BEHALF OF AND WITH ME AUTHORITY OF SAID CORPORATION AND WHO IS PERSONALLY KNOWN TO ME AND DID TAKE AN DAM. '0 Y PUBLIC: COMMISSION NUMBERz..�� /PRINT NAME MY COMMISSION EXPIRES: CERTIFICATE OF TITLE STATE OF FLORIDA COUNTY OF I, W. JEFFRY STEIN, ESQUIRE OF AQUAVIT NATIONAL TITLE INSURANCE COMPANY, LICENSED IN ME STATE FLORIDA, HEREBY CERTIFY THAT I HAVE EXAMINED ME PRE TO ME HEREON DESCRIBED IN MAT ME LANDS AS DESCRIBED AND SHOWN ON THE T ARE IN THE NAM OF AND APPARENT RECORD PLA E E ARE ECO D TIRE IS HELD BY D.R. MORTON INC. A DELAWARE CORPORATION: AND THAT ALL TAXES HAVE BEEN PAID PROPERTY AS REQUIRED BY SECTION 197.192, FLORIDA STATUTES AS AMENDED; AND ME OFFICIAL RECORD D BOOK AND PACE NUMBER OF ALL MORTGAGES LIENS. OR OTHER ENCUMBRANCES AGAINST ME LAND, AND THE NAMES OF ALL PERSONS HOLDING AN INTEREST IN SUCH MORTGAGE, LEN OR ENCUMBRANCE ARE AS FOLLOWS: SUBJECT TO ME DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR POINTE WEST MASTER PROPERTY OWNER'S ASSOCIATION AS RECORDED IN OFFICIAL RECORDS BOOK 1319. PAGE 950 AND AMENDED IN OFFICIAL RECORDS BOOK 1670, PAGE 2208. OFFICIAL RECORDS BOOK 1795, PAGE 502, OFFICIAL RECORDS BOOK 1795, PAGE 506, OFFiCVLL RECORDS BOOK 1880, PACE TOM. OFFICIAL RECORDS BOOK 1889. PAGE 2236, OFFICIAL RECORDS BOOK 2229. PAGE 1608, OFFICIAL RECORDS BOOK 2298, PAGE 2213, OFFICIAL RECORDS BOOK 2438, PAGE 1933, OFFICIAL RECORDS BOOK 2490, PACE 134 AND OFFICIAL \RECORDS BOOK 2853, PAGE 2007, ALL OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA FLORIDA BAR NUMBER AWANT NATIONAL TITLE INSURANCE COMPANY COUNTY SURVEYOR CERTIFlCATTDN: MIS PUT Q SURVEYOR NEST EAST VILLAGE PHASE 2A PD HAS BEEN RENEWED BY ME UNDERSIGNED PROFESSIONAL SURVEYOR AND MAPPER EMPLOYED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FOR CONFORMITY TO ME REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES AS AMENDED. DATE DAVID W SCHRYVER, PSM INDIAN RIVER COUNTY SURVEYOR AND MAPPER REGISTRATION NO. LS 4864 CLERK'S CERTIFICATION: STATE OF FLORIDA COUNTY Of INDIAN RIVER I, CLERK OF CIRCUIT COURT AND COMPTROLLER OF INDIAN RIVER COUNTY, FLORIDA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THIS PUT OF POINTE WEST EAST VILLAGE PHASE 2A PD. AND MAT IT COMPLIES W TH ALL THE REQUIREMENTS OF CHAPTER 177 AS AMENDED OF ME LAWS OF ME STATE OF FLORIOA THIS PUT FRED FOR RECORD THIS DAY OF 2018. AND RECORDED W PACE OF PLAT BOOK AS DOCKET NUMBER IN THE OFFICE OF ME CLERK OF CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA. JEFFREY R. SMITH, CLERK OF THE COURT AND COMPTROLLER INDIAN RIVER COUNTY, FLORIDA BY.. DEPUTY CLERK SURVEYOR CLERK OF CLERK OF COUNFY THE COURT THE BCC SURVEYOR 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: May 4, 2018 SUBJECT: DiVosta Homes, LP's Request for Final Plat Approval for The Lakes at Waterway Village PODS S & T [PD -16-12-07 / 2004010124-80445] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 15, 2018. DESCRIPTION & CONDITIONS: The Lakes at Waterway Village PODS S and T are a phase within the Waterway Village planned development project and consists of 78 lots on 50.97 acres. PODs S and T are located east of 51St Court, just south of 53rd Street, and adjacent to a portion of the future 43rd Avenue extension. The final plat area is zoned PD (Planned Development), has an L-2 (Low Density 2 up to 6 units per acre) land use designation, and will have a density of 1.53 units per acre. On January 26, 2017, the Planning & Zoning Commission granted preliminary PD plan/plat approval for The Lakes at Waterway Village PODS S and T, which contains 78 lots on 50.97 acres. The applicant is now seeking final plat approval for PODS S and T, having obtained a land development permit and commenced construction of the project. At this time, the applicant has built 76.12% of the required improvements that serve PODS S and T, is proposing to "bond - out" for the remaining 23.88% of the required improvements, and has submitted the following: 1. A final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; and 3. A Contract for Construction of remaining required improvements. The Board is now to consider granting final plat approval for The Lakes at Waterway Village PODS S and T. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8COD47B5\@BCL@8COD47B5.rtf 86 ANALYSIS: Some, but not all, of the required improvements for The Lakes at Waterway Village PODS S and T have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bond -out" for the remaining 23.88% of required improvements (utilities, roadways, landscape, sidewalks). Public Works, Planning, and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The County Attorney's Office anticipates receipt of an acceptable letter of credit in the amount of 125% of the cost of construction for the remaining required improvements prior to the May 15th BCC meeting. All improvements within The Lakes at Waterway Village PD will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required through the final plat and certificate of completion process. In addition, a warranty and maintenance agreement will be required for the roads and stormwater improvements, and acceptable security prior to issuance of a certificate of completion. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for The Lakes at Waterway Village PODs S and T. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout 4. Contract for Construction of Required Improvements (Letter of Credit to be provided prior to meeting) C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8COD47B5\@BCL@8COD47B5.rtf 87 V) 165 )165 - vt'�.x1 •i Lakes at Waterway Village - Pod 5 T ' - R `' Pik§?.%�Ci N,�"�,:��tE�R,,',�T): Y 9 t � �.�,,$.,�:.>; ti u :'�'d T "Ci s NATri L RE WE F0Tt A J0P-71CiAL N110AF, 01 REECO' -1- FG_R. pit, - z, jfll AS "WOODY .81 T:RPM 3li DIMS= � ")- �. f tr wrCN1 �3 'AN tL AR'Y P'I,AT IIRCJECT Net ,T fF, AND Pyr t�tS � . .�A.EER: Lakes at Waterway Village - Ped S,T,Uiq.. 16 „ 12 _ 01 7,7 : (I'I.B.-AS F-PU i"I) AC.i11aNT (PWASE MUM i..ldv.f4i Si.. 1 t LP NAI*M 4400 PGA Blvd. Suite 700 ADDRESS Palm Beach Gardens, FL, 33410 CITY, STATE, ZIP 561-206-1458 PHONE N 14MER patrick.gonzalez@pulte.eom MdAIL ADDRESS NAME CITY, STATE, ZIP PHONE NUNMER EMAIL ADDRESS Patrick Gonzalez CGIWACT PERSON CONTAC T PERSOX SI(3NAT WNER OR AGENT PRO-TA-11'ENG il.; (PLEASE MRM, YA' CIxq SURVEYOR.: ;PLF+1.,"E RII) Kinan Husainy, P.E. - m 'NAME 445 24th Street, Suite 200 Vero Reach, FL, 32960 CITY, STATE, ZIP 772-794-4100 PHONE NUMHF,R(s) kinan.husainy@kimley-hom.com EI AIL ADDRESS Kinan Husainy, P.E. CON?TACT PERSON NAME ADDRESS CITY, STATE, ZIP PHONE NUMBER(s) EMAIL ADDRESS CONTACT PERSON I,40127 Suet, Veru Dmh FL 32960 sky DmlbpxdWPLWATI0N8NCmDev yr VmtdC3 APWdndAMao .auc Rmrcd Apa 2otd = d3 88 '-T CHEN M PARCEL TAX ID#3: 32351600000500000002.0;32391600000500000004.0 323e2200000300000001.0,32392100001001000001.0 f) U I -v LAN ,211,) p RL pT (L 2004010124-78768 DA-,Tz , jj)p IssLMI): 07/28/2017 ZON je enfial FLUE. id AClt&S. 50.9.7 ",W.A.L NM4R- ELt 0 r. L(r, q 78 5G.q.7 DgNSYrY (MI T8 PER ACRE): 1.53 0 'PLE&M C 0 W LETH S URIM 8 SIO IN CI=XLWr I * IV Not Applic,61--c" OMPNWA�" ish-mAd bc maegr'll it-, thc �-Yasll colunm if 1, ULTMAL YES NO AL �O 2. 3. 'ren elo) Capies of thr, Fbal Plat ,,rMue. be sipt4 gv.d at-Aed by saxvevor) 4. Lettex of Ateliorimition (f Witcan-t in not Mvnar) N/A 5. Let Kom d--vOqwpv-ovi,—lng dxaclinc for aclaving, the 75% conhpkgoix ilymshold for lhe ovw-Wl nbadivishm imm-- wement 6. ?' Or MPPOLLOWTV0 SETS CiFF RVATWRYD W'"ROVE-NIENT DOCTUNWI-3: LT CcdWc� of Compl-vim ftrnt Pubj;c WoOks or copy of leW to and Udli&x zeqtiifmg inspxelon of imp-wvr=mta. V LWROOT MFNTS ARE MWICATED TO Ti PD C: Oriphibl BErin"Ces Certiffwl Cost Rulmfor lvaprovemcmts Oignarl arAd acultzIl .1 f-Wur,: u) pswide hifortmation ou -whiCh 7!)f€"M iS bZL'I,-- S4aCted MW- tIS" .It iU a dOISY 44 icessina the WOuication. SW 7701 Strepzt, Vew Reach FL 32960 Nvted.Atril 2016 2 of3 89 ATTACHMENT CI(YN &rg UrMHON T-.- - RONM 0 UT: "Isin VO '41 0, maglacces, certmw c=. awmam for Improvemews =irvcalvd; nM--Jt=a to be ccmplrtzd cy;ww"t i;wpIcted A 751% thmiS I old fra, ova, H subdivision). (h-*,, Sf4tawiV, thw. improvmmAA: m, ucaring completion and a cerdfick* of comwleti m viM bc 61btairs Oor to flwl plat approv,,j Copic-sof Doc-uments to ba recmdeul %idi &,! final, pImL- Coverts, Dwd Rcstdcdous, Byk ws, etc. or &*M=cnt Th=AreNc&c b, Attidllw of IncorpmWon or swmncttt irdic-�1gMhy recording of POA is NOT required. RI Copes provk$0-d. Previously recordod with other plats in the HIOA. Cophas provided. Previo,usly recorded wfflh other plats in the HOA,. MI TP'U Sttvz4 Veto Aesoh FL 32%0 L-VjSw.#.peI .oi6 3 of 3 90 ATUCHMENT 1 44ril.Gr.ft INF.WTrY W. 71' 91 ATTUNMENT Limits of Limits0 f PODs S & T P 0 Zoned PD Zoned ned PD 7D Fu' Fu, 44ril.Gr.ft INF.WTrY W. 71' 91 ATTUNMENT LAKES AT WATERWAY VILLAGE PD - PODS S, T BEING A REPLAT OF A PORTON OFTRACT 1, SECTION 21, TOWNSHP 32 SOUTH. RANGE 39 EAST, M1DIM! RIVER FARMS W. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLATTHEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA NOW BEING B1 INDIAN RIVER COUNTY, FLORIDA, ANDA PORTION OF THE SOUTHWEST ONE1iUARTE2 (S.W.114) OF SECTION /5. TOWNSHIP 32 SOUTH, RANGE 99 EAST AND A PORTION OF THE NORTHWEST ONE-QUARTER (N.W.114) OF SECTION 22, TONNSHP 32 SOUTH. RANGE 39 EAST ANDA PORTION OF THE SOUTHEAST ONE QUARTER (SE.114) OF SECTION 1S, TOWNSHIP 32. RANGE 39 EAST, MIM RIVER COUNTY, FLORIDA --------------- ---__—__-- 3:0 LMET ~• (f V.9. 1)37. PO- 471.) R lmpLTw R4rmo -rte-\\ (I31' PVBL10 an: WNW \ gLVMO ?�� Mtabd 0)iw \\\ LPs � (� awt+`rsi°eLO.c Yfa.w•wt rY1W 4VWT -� tt4 Yti' NOT A P.. -.RT OF THIS PLAT Mm m w MD (PSG ac n t.•�, ai ttv. r c OD CAD ,a, GID MD ,.� OD ® / OD 6.- MD J® TV i (ND Y/ ` wOR) TwMcr a•«�•T,r�`art �r ncm (RD L-7tan ® •rn,.mar On � CHI 5 t' as t.+u�.\u • nn fpe, .�•.a. •+m" 11 m �'a) Hoer j UNE TABLE Da 1-1 Mum D Saw IAfYUY[ u ta» Y••]I'3CYr u n.a mmn-Y ra: Tu - .��v h'yi��cs.•aw.lrin� �'°e0',a. N.eFLYO' � tiiD . e-al'rM• Ml,Y71W' ' •�orP,�YY IfYNb'Mti awnsa>1r - o-rao twam• rrnnr _ 1.AA., 4` � I �•. QM117.1t.Y1 ���� �T4igAt�f' � F..O.l2 •. ' OF WAlTXWAY VXLACC '. OYWLf>Wati�� WRY •f CiR.l1Y !/ BYO. <-.DItfY AT zmmAr its TH9u,YTnv.aNT WAYtwpllA[`OSY:- EC DFAIETER PEAL b,TQ tTLTE TIP FIOHd, KIMLEY-HORN AND ASSOCIATES, INC Nb 24THVTMMT.YIYIE X0 VEWbE Y,1L FL0FMAb2Na mm DN 0cmeA a, ton •.m p RE»:po o..w nsicG:sc � GID \ TRACT MA Olt T u. MSC am ' e�P � yes• (gD/® �\ N ib Ot /'(Or a m / /' / NOT A PART OF THIS PLAT swdbr twRytrYb NY t/t v •`Ynn3Yr uc a nv, >r x Y2 >r [ NDPiIt REn[l C•Nk IYTntlCNY w—n [ LMC w !t•rro • 4 n wnu[L•u [ 1 LQ 6pMXr tlAEICA Y /'� P00 w n,nRt[ tW/+6YN `��J6VIIll.JpR wourew •unit � �y� _sw NTiI R �— KEY MAP um IMCGLIM __.. LNr[MLLM[fNSfrwL --. ----. Rao•pNwup -- -- YLoicLue waNue tdxuaa R.tLeN CRa atNe Re�Rm � 1RY ft u•rMµep,p frr,n7Lwo�c nN.wb• ♦clwfNuar • Vurnua • .Npo a e�Y[wana EW R6 LpitiN RTLfIN m :+tYtppY7M'i DD C'JYRlXMOM1IRM.YO ClY PL IRCAf•C[LLipflll M-pIAIM uL. um[o Mem ema,r tRNw pYIRC.. t !S R,N1 tOpt K FON,NM .TVi RNC MRNTf+Rl4�RRYCLN�it11NY rcr reomtbLlorr NL A p••i Oi NRR:LR.A •A.L 1pf+Cf C[pNMY3 FIY RIWMORI+6EL•1PYIIOR1191' lwfracwLscY N ntexa tupRL Rai twNoa f�.r K tFpapY [lCNM rap tt pii p- Rm' IMC11 LL- 1W I•N YRv rtLNnttYmr�ttaee,c Lwnr vtn ii 'NR1IYfJ]fl.V/f MUM& 3 LAKES AT WATERWAY VILLAGE PD - PODS S, T PLAT BOOK BEING A REPLATOFA PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 30 EAST. INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PEAT BOOK 2, PAGE 20, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA, PAGE AND A PORTION OF THE SOUTIRYESTONEIIUARTER (S.W.114) OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND A PORTION OF THE NORTHWEST ONE-QUARTER (N,W, 114) OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND A PORTION OF THE SOUTHEAST ONE-QUARTER (S.E.1M) OF SECTION 18, TOWNSHIP 32, RANGE 39 EAST. INDIAN RIVER COUNTY, FLORIDA DOCKET NUMBER �,. lmRTx xoRanF.4FeFCARu 4 sruF x TQT r\FSAr �y mxF'a A Ah y T 6 i $c, B �T, P1s�E1 A IR.W • �. � UA�iYY±la ^YiJ@ ry_ A4nf nY f ! t :n r + I KEY MAP _ 1 r _TRACT J ?j !li��I I TRACT IFaurnn •C.13` t ! .Tac.+a r.w.0 a RORbe � I i � I L.EO®D OP tTrN60le IiMTT30F` P i \ ® ! 3 CA) ,mraaRDA THIS PUT 555\1i4maRCRrFrsm _ `G+1 }' ° 1n,MI6N0dL°rilff@ 4Af I . 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I. i \� Ti1S PUT ,m \ owwmRRR r+a C!Kl1,{g (X•tArf OMRrlYfpl[ R L w�.Dw oonMAiaaR'wv vgrtic :wup �4'v'1RT �,� Ra+eae•P-T•u 1r wax 9 ,.Ailj'.... •, CHO,CBAmr'APOOw ^A i ATS 1 Y caa?er pK'ryY PRmroa :t, w.nAAroscArnmacla,r qy sTur, I d'i� 0' 9 atOP/MwErtgwuREaeFxr kol T11H eArrRUMUIT WAA PRWAREDBY: WV470 p eC. OERI.RER PAK Otr°, STATE OF rLORAA <'.3 KIMLEY-HORN AND ASSOCIATES, INC 44SZ4TH8TR=E OUrMW*P.O.B. VERDWACILrL0PoIMp2004 SurrRFF�'a.Yvd4 W •1 a NDC:4YgW WOOD VA'F ATtW1S w,YY}lA6E i0.R+.T OOOS ox ocTpa6+te 2mt u.m+T¢RwT •s.\atm.000 rs,nv SHEET40F 11 93 ATTACHMENT 3 i LAKES AT WATERWAY VILLAGE PD - PODS S, T BEING A REPLAT OF A PORTION OF TRACT 1, SECTION 2t, TOWNSHIP 32 SOUTH. RANGE 38 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PUT TIIEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 28. PUBLIC RECORD$ OF Sr. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA, AND A PORTION OF THE SOUTHWEST ONE-QUARTER (S.W. 114) OF SECTION IS. TOWNSHIP 32 SOUTH. RANGE 39 FAST AND A PORTION OF THE NORTHWEST ONE-OUARTER (N.W. 1141 OF SECTION 22. TOWNSHIP 32 SOUTH, RANGE 38 FAST AND A PORTION OF THE SOUTHEAST ONE-OUARTER (S.E.114) OF SECTION 16. TMNSHTP 32, RANGE 39 EAST. INDIAN RIVER COUNTY, FLORIDA aA[nac !MN.g I� T MI NSTRUMIettT MYifl PI@PIII�D eIY: EC. DE V ETER P.SX B 17M. 9TRf! CP R O W DA JMLEY-HORN AND ASSOCIATES, INC Ml T4TI[STREET, YE.IfT32 RC 81f/uC LBa MCAs f39eD B ON oaroeBe 14 M11T BIRD STREET (O.R.B. 1837, PG. 179) (1511 PUBLIC wW) .j ser.: a•e +w+..•' 1 ____— Us3d 8[C XATE7t NA,[AIDE ENT TRACT•L-,T II (m b ® ® ® Nlf Ud�J I ® l r711 rdf•'EP VM.L .-��.I '�nP y�.�y �lK1I V•tc• ids .•v'F y, ` f ,f TRACT k� 67y+ y'�' \ .Ir . wr " - •rte J: •N' r1E ,'ra - r `:rye �`7,.-� hl am G YM /•' 1 �trs:•ma[w�f / f / KEY MAP � t�eooP�g ^�IAM VJVM]MY vMgL [MS a+v. a,arw..a P:'JIIDO MBROI[L•6 dW!fitIAS • " ATGTatl[•f • �� . � \UlaI111Nd ,IITN{•eRl TYMMUOIa'[RMV,RO rovr ufa• •.• . LorcaRr.A • pGTA(mM11W.M101f1 0. glalla ECAIRV i ��+ QItR®OtlU[!NffitlD OA•COTN6! CJ1 WCML1f MCMIVIVrtx0 ole,[ O.G aMIMMfAMM,nrt t ARIRtlIN LAC UVRFDIOROR VB[T IG ASOIML•WNeY' MA eE,NAn[ALL am o,rw.�Msa,msawa � R•1 MCd• � uaa,TcraP.\R•m eaur r, rroraw ax' .,¢Re ® p .�oa[rar fa vufals..•I� 1ovEArw[�aMmoLraa .AG[ N ¢Oi[Ha4[B1sSCTSM fRm %rRaaaw.m fwr[vr,Mnnaea✓[.wE.r n ro•rtarMnmwo. Mann ron RAN . R 9[[.a4MMY eec earmn 1Rr ttt1� ac RwRo•wnrea �- flkY/tTM UI] MYRI,•M[Mf%u[vA,II'K MN.1 p,ee1 Vn.L MiEl1lMEoiM' .6 �ATfANOnCA'F11 WFEart LAKES AT WATERWAY VILLAGE PD - PODS S, T BEING A REPLAT OF A PORTI04 OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS 00. PLAT OF LANDS AND PLAN FOR LAND DRAMAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PIAT BOOK 2, PAGE 28, PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA, NOW BEING IN 1NOLAN RIVER COUNTY, FLORIDA AND A PORTION OF THE SOUTHWESTONEOUARTER (S.W. 114) OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND A PORTION OF THE NORTHWEST ONSQUARTER 0M 114) OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND A PORTION OF THE SOUTHEAST ONE-QUARTER (S,E.19) OF SECTION 16, TOWNSHIP 32, RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA 7KO iri411 PAM, IM STATE OF ON. EL..F3fETER P,pAk, 51if„ STATE 4F RARieI KIMLEY-HORN AND ASSOCIATES, )NC aAS 2tTH STREET, WIl V 2On VERoar" PLORM2Lf:.5 Lam KEY MAP iY—I iF4 M OF MMKILA maawwnr rwm una •--• —� AueG CbhMJxB .—. —. KCIfORLLr1.' yam imxSMMR x 'M nwNOtw'Qta.3 MiC0 x f'.I MI/lI1OCM:awrm mpwUsc imwawua ANNOMIM a OitM(�aRrPK uaie7 c�seoaaaa cexmmoua�Rrmcao cxacaaruam axsPcruxaanonum c.vw+m $+QaeAt t aasunorx tAf. lMS4DNXEXa 4X11ENT Pb au�ala'/t 1L QWR•`e'Ra@ KbQt swiYawaltAM.a aPC lQIIrORPi�9FdR/IIM9 FW MI wa/Ppt Mirt M awVx awn ar• aacow�m lwuwwr avcPcnce xaaue'n Pwararr,•aoar woos � rtaiga wn aonnaw'ar Tovnaar tmR Pooxaaca ¢e.•.mx xmev wrxuAnew�T+raxa.w s iwe M L wTlAanV�'aDx6V61ixr 95 MHEunT 3 LAKES AT WATERWAY VILLAGE PD — PODS S, T BEING A REPIAT OF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH. RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO 7HE PLAT THEREOF, AS RECORDED IN PIAT BOOK 2. PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA ANDA PORTION OF THE SOUTHWEST ONE -0W RTER (S.W. 114) OF SECTION 15. TOWNSHIP 32 SOUTH, RANGE 39 EAST AND A PORTION OF THE NORTHWEST ON&QUARTER (NW. 1f 4) OF SECTION 22, TOWNSHIP 32 SOUTH. RANGE 39 EAST AN A PORTION OF THE SOUTHEAST ONE-QUARTER (S.E,1)4) OF SECTION 15, TOWNSHIP 32, RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA 9t�M1 Md�NAk•C�kttT ratct7.w TME 9137RUMEW WAS PR6'ARED 9Y: EJc.ceMEre9c.e.M.5vq,9uwaEwtl9Ev. KIMLEY4H0RN AND ASSOCIATES, INC ON KEY MAP nvmYarwlT Eurcatds — — — YdA'lPFfF41N! •— ---- —» ttb90N4Y6 • • — T\TCN lC9 �/ IAIfIN�0U1 � PYhfef pba•; pbGklM!F9 MYYIONtDlIYWA1 V06.R 4 M,1u1. MOgC:tiltt{> MJIb.k UvvY^ ♦ Y'i'PY.VP d ��V9fR.Y5y A E0. tsiptuxEwY+ + .Ywf.s'u?V ttWO f0 CN011b OpTAVte ta� .fWb4dNCfM M,:dpdCCHtE4®OR n'f lbtd>o! �+tPamPlo �.IQ+C`. !A. +4Un 4+fv, FVOtCW`AitR ltlWNia9CRUN.1lE•M M P•`A l0V1QMfiAYYYd lAeifPT.iYh0i0 A M0. MRP>NQDRY M,Y9 otiYl tnt 0.�YGE 6Ltl TM vYL�Y.N 1Pl4t.+ a0 M dlMVipoMId CN WAT•f MWOY Mp1fl, dM9lbM1 Y[RIICAIM'.V ue '•raa. P1q uwnu.�non wnrEarno.�,tr-n f.,arnxr ATTIN X. evw !I AT LAKES AT WATERWAY VILLAGE PD - PODS S, T BEING A REPLAT OF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO, PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA, AND A PORTION OF THE SOUTHWEST ONE-QUARTER (S.W.114) OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND A PORTION OF THE NORTHWEST ONE-QUARTER (N.W,114) OF SECTION 22, TOWNSHIP 32 SOUTK RANGE 39 EAST AND A PORTION OF THE SOUTHEAST ONE-QUARTER (S.E.1M) OF SECTION 16, TOWNSHIP 32, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA CURVE TABLE tua.c nanrs I Inset a+os eFAaw¢ clam ALTA tAlccH* n IM.tD' :am' nN'A']]b u9Y TN9Y IrIN' C2 R]A¢' l`J NAY I¢T' ItlB1¢'a67 tO.TY Yww" a]r a ]ueY aaY n]�riYr a96' view nw THA91Y311flI,tk61lT LW11 PHIYAAP3! M: E,C, ¢FkE.TF0. P, ¢,N.6t 16, !i'AfC QPFL(]xWA KIMLEY-HORN AND ASSOCIATES, INC us ]6M amrm' 6u-20¢ vl:.ao ¢EACH, R oNfv.=m Lf1Na an ocTaesx n nil PLAT BOOK PAGE DOCKETNUMBER rg a=Ar wv..a �w 9 a Mfg 4 11 I+.,o I.c q bus-unwt»• >:�+�.f� rvty: a'swn¢sr • 'T 1¢tlt Pumas KEY MAP rx..E].oPNEert ]a.'.cTv mrn6c af]t M ]Tn o� --�,— '. � anaounlum mialn¢¢n'wcrrrlai] M]1AOY amrKN VI¢N �r tri, ® tw Wantn aon]m,N]arvt i r♦� nal,.rw¢on•t:s::n.n ♦ rcP.mArmn]¢K..am wePAwlne>. i � �/ / lorarntrn TIIACf // 4/]i A IattrAmmiii AAH j w �ummw�'.wc.sFmla yrpa, "� $TOVMY]ATEflce pCnp YlMCa / Yi NAGQ1/ ,r ♦/ C.0 ¢MCnaI[]YVLMBR AO¢Cat .. +egrt LIMrr3CF Ayw4 THIS a, r p � TRACT .�'' It�3 r9tvl �CRw'OVIto G]I:�T1P! ao- ��` sus6art/ ].a1K t/SK !b a.oMff a,•]]]T ral]Anf {ETM i/ rnuN ort.vYmfcem..mrt / ��j, /- ]a]aY ra¢+YCWw/thy/ �♦ ♦ ♦ I� aw i roryanwzrev um nla' 1Nv 1 ♦ ]c A At -- ry lwa�YY] / ,v _)� �� a o Inw rw�ow ee.nr+Waw:r ,emrwio.w a. lut �,' ♦ e Jl'ij'_ a=rose �•�',6 NJ \AY¢IIYA'Nna,hrt.� L JJ,.$S!/ �A^ TRACT Ar Dy.� ♦ rQ� / Y MN'S w I M 18.19' n oilnx_ ]6]P bRJ6a0C r®I]Tr M1160' a.nfvYjfsKxa67 N 1066sYMO6Tt]9Tletl6lt r SHEET 8 OF It 97 �� 3 LAKES AT WATERWAY VILLAGE PD - PODS S, T PLAT BOOK SEWG A REPLAT OFA PORTION OF TRACT I, SECTION 21, T0WNSHlP 32 SOUTH, RANGE 39 EAST, WDLAN RWER F` VIS CQ PI PLAT OF LANDS AND AN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACOOROiNG TOTHE PLAT THEREOF. AS RECORDED W PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUM COUNTY, FLORIDA• NOW BEING W INDIAN RNER COUNTY, FLORIDA. PAGE AND AFORPON OF THE SOUTHWEST ONE-OUARTER (S.W. V4)OF SECTION 15, TOWNSHIP 22 SOUTH, RANGE 39 EAST AND A PORTION OF THEHORTHWEST ONE-QUARTER (N.W. V <) OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND A PORTION OF THE SOUTHEAST ONE-QUARTER (S-EAM) OF SECTION I$, TOWNSHIP 32„ RANGE 32 EAST, INDIAN RIVER OOUNTY. FLORIDA - r .T, 0 5;i "r DOCKET NUMBER Ncant.atErar.0 No tH meet e m ew�w:rw L eQNA1K SGiIL N FELT uwwEw e uiE..pv urmn f`.�;p / . �.aelaauv„r ,aer+.rr � ' m.aca.,Lar vu�Lw W.- aT f ST AP e {Tt� trTFM¢tn,oCLTmaN"atST Nr _,..._,. Nnn,arn.osuYmt oG,o�OVc.o.s J uCY�ecEerraN.rm.arr wc Io .ceswrcm.uR0ar I e xiMq6ems.tvAE.�rMeaa (sLE sNecr a or ttl � � ,I x•�swe.er c .wrrx.�M.*r am+ ,•�mrN rearorDnr rrNmee7atiaNM uumrrCx�nooIEEuMt:rF.o4, .A+ a.,e' / W=�aaErv.F. taarmw.Nm Nur9.� ,uuc,r.ssNs'rWe0.�x i7i aTI` mc,_w taAm�usM1r1wb�nccwuamFmatcFrtIwWCFmDrvU+anwae�mEurmr9YIuo.anxnrY.im.Gea�N,nctluW+f�t'� : �-w wsealnt•rt .meuuemcvIXEvror . r^Ke miwcN r, reru r a �rgyjRat4•-im]ratIDe $ � l.+a maonrnwaa,usmro�m:6_6..�G¢wwoaa t H�aTtr T �§ - eSTATE UcLOnsA KIMLEY,HORN AND ASSOCIATES, INC Oro $m srnnET, sum mo vm BFACIL rWm"inw tt, aon cNocTowII Lo.mT SHEET 9 OF I I LAKES AT WATERWAY VILLAGE PD - PODS S, T BEING A REPLAT OF A PORTION OF TRACI 1, SECTION 2t. TOWNSHIP 32 SOUTH, RANGE 30 EAST. INDIAN RIVER F,` RMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. PAGE 28, PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA. AND A PORTION OF THE SOUTHWEST ONE4)LIARTER (S.W.114) OF SECTION 15, TOWNSHIP 32 SOUTH. PANGE 30 FAST AND A PORTION OF THE NORTHWEST ONE-QUARTER (NIM, 114) OF SECTION 22. TOWNSHIP 32 SOUTH. RANGE 39 EASTAND A PORTION OF THE SCUTHEASTONE-CUARTER (S.E.114y OF SECTION 18, TONTBHIP 32. RANGE 39 EAST. INDIAN RIVER COUNTY, FLORIDA NORRI Rwe�c tyMtL n RFf rel `Vi�!]lf t.gr4iL T49M"4TRUFAMMAL R)AY: EG OENETER PAM.'itT4, STATE bFPtOROL I0MLEY-HORN AND ASSOCIATES, INC sae: ml SrIaPrT, wLrE m KIt� epaL LBO 1TDROA ]4e7tl an ormn7R=n 10, zon Nl- � a \11"". I' KEY MAP RD aP BrLeDLs nMTR UMwTr ---�— dl alM'i V.EYLMTU6 -, •, fA4NMRUfIM +—� b'•wr11TN1IMi • • � }lATCNiItd! uHMINBI fCK W LMOOM R' eTAMR6 ° +-aWuwr a:-lolcn Io.Mra.Mowxm-�r MMau«r un ruMM�w ' A6�1AL171Ot69 o °KNrTv�a�`n r*a '•YMRRV CORMUIpycolm co RlewuLluas LMn r.fnauclN�-aMenmo,L m RwMMnewaE«r wauNmll w. IiMrteoM;<fm LnflMan u ucowLoevaMme wn. rRM/DWt om azmla Lnua�moM PA MTMeeK TPMnlRw:kR+f2 OCMUQP"JIWMOR°nuafQ M6 POMCPB4IOQCQR tK_ MG r PRR A0. Ya[ 9 fRlft R'YW[�TL�M P+O PRMI R'et0leta 1'!M PQAIi.LR RMRIF.MCFIUW.MTM: fT MWfMMRrMLT M RIeM N!0. LOLL 11GL NII N6Mip+.t:IT :TC LMLIKW °R. RRI MTO aiM:'.V Ml, PIl�+,TRI Mh OM' MONIIINIERC?•Ivpli Kp11W a Re us umn.eeie-,rr W.wL WN1F.n MbaM'E;u+aslrt LAKES AT WATERWAY VILLAGE PD PODS S, T BEING A REPLATOF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INOIAPL RNER FAMAS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 2, PAGE 29, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FL.ORLDA, AND A PORTION OF THE SOUTHWEST ONE-QUARTER (S.W. IM) OF SECTION 15, TOWNSIOP 32 SOUTH, RANGE 39 EAST AND A PORTION OF THE NORTHWEST ONE-QUARTER (N.W.114) OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EASTAND A PORTION OF THE SOUTHEAST ONE-01JARTER (S.E.13) OF SECTION 16, TOWNSHIP 32, RANGE 30 EAST. INDIAN RIVER COUNTY, FLORIDA 1M1NMLNCNL'WAS PacPOW a . E.C.D-%E ERP, K6170^ ITAmwPIORWA KIMLEY-HORN AND ASSOCIATES, INC TW1CT 11 11 cIr 1 ♦ \ e6nrrre 11 i� cp ,ware r,;xwcaruuw^. gANW68[7bl!YdNr +RCIHIOIM a..:e A<:�tARMFM ,iiinm6uox+n ate•, P6 lw.+uow aracrac<4am•emit mOK Po Kaar�RR:.'AMe m°aic Pv rcarirnai �rtA1+iiaar...maaro•n s / uas NMp'PnlAiB: aqt IGMOf .Sb A,Q tlClvnaL r4,R .IWAFYaLIy�W::OYJSM R/La4 A6F •7 m F,.A14 aartae•u tac cR inwrarnP OF / xmrmmaP Aw a.�A�awAwasu6arme THIS THIS PIAS 1�4P'r4NgaM eA "A iMUi E'3C�ln ale 0 I� KEY MAP _ .M LEGM OP BM nA ntlreanx.x. .... �•-�- —+ a60fYM 1444 ® 4wwAa4n WX wgxORp:6L10GD ma9xuarwntl.orm uv. ul mNei PvrnUnmra.xaF� m rmmrimx•4wuc .m xao oA cp ,ware r,;xwcaruuw^. gANW68[7bl!YdNr +RCIHIOIM a..:e A<:�tARMFM ,iiinm6uox+n ate•, P6 lw.+uow aracrac<4am•emit mOK Po Kaar�RR:.'AMe m°aic Pv rcarirnai �rtA1+iiaar...maaro•n uas NMp'PnlAiB: aqt IGMOf .Sb A,Q tlClvnaL r4,R .IWAFYaLIy�W::OYJSM R/La4 A6F •7 m F,.A14 aartae•u tac cR inwrarnP 1�11m Ia:6br xmrmmaP Aw a.�A�awAwasu6arme uK 6 1�4P'r4NgaM eA "A iMUi E'3C�ln AnACENT T Lakes At Waterway Village PD — Pods S, T CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. PD -16-12-07 (2004010124-80446) THIS CONTRACT, made and entered into this S day of May, 2018 by and between DIVOSTA HOMES, L.P., a Delaware limited partnership, owner of the property being platted as Lakes At Waterway Village PD — Pods S, T, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed; and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Lakes At Waterway Village PD — Pods S, T; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to construct on or before May 15, 2019, in a good and workmanlike manner, those improvements described as follows: See Exhibit "A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval of the Board of County Commissioners and made apart hereof for all purposes. 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning 101 and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter of credit, having an expiration date of not less than ninety (90) days beyond the date set forth in Paragraph 1, provided by a banking institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as customer and Wells Fargo Bank, N.A., as the underwriting bank, in the amount of $920,920.46, which amount is not less than one hundred twenty-five percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County. 4. Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements, in an amount of up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, including all those improvements to be constructed on existing publicly dedicated or County -owned property, such as street, sidewalk, bikepath, lighting, signalization, traffic control, drainage, water, or sewer improvements. 5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed. Developer shall remain responsible for utility meter boxes, sewer clean outs, and drainage culvert inverts, to be in good repair, accessible, correctly plumbed, and not covered with topsoil, concrete or impervious material for the 1 -year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be 102 determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the required improvements are completed to the satisfaction of County, Developer acknowledges that Developer is responsible for posting a 1 -year warranty for road and drainage improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into.. The funds posted under this Contract for Construction of Required Improvements will not be released until the applicable 1 -year warranty postings and appropriate warranty agreement and bill(s) of sale are in place. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the - Developer, as principal, and the letter of credit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements and warranty to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. In no event, however shall the liability of the underwriting bank (or any County approved substituted guarantees) under this paragraph exceed the total amount of the original obligation stated in the letter of credit (or any County approved substituted guarantees). 7. The parties agree that the County at its option shall have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letter of credit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the letter of credit (or any County approved substituted guarantees) be exhausted prior to completion of the required. improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank (or any County approved substituted guarantees) to construct and warranty the required improvements. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property, known as proposed Lakes At Waterway Village PD — Pods S, T, for purposes of completing the required improvements. If any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited in any document transferring title to Developer's successor and/or assigns. 8. Any letter of credit (or any County approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in 103 any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. WITNESSES: sign: /y /%� w print name: AAOWAA 2WWI sign: S&- IS:= print name: cxacoNZA APPROVED AS TO FO 09 At LEGALS B FIS IE1+tCY,�, 1Nti.j!JA,: A K. OERRAA tai=�(ar� C:at'tvTYA7"i't��t+�f�Y DIVOSTA HOMES, L.P., a Delaware limited partnership By DIVOSTA HOMES HOLDINGS, LLC, a Delaware limited liability company, its General Partner By Brent Baker, Division President INDIAN RIVER COUNTY, FLORIDA M Jason E. Brown County Administrator Authority: Resolution No. 2005-121 COUNTY projected BCC plat approval date: May 15, 2018 104 Subdivision Performance Bond Estimate For the Lakes at Waterway Village Plat ST EXHIBIT "At' 105 dN (LG C-/ STORM DRAINAGE EARTHWORK DESCRIPTION DESCRIPTION DESCRIPTION QUANTITY UNIT UNIT COST UNIT COST COMPLETE TOTAL COMPLETE INCOMPLETE MOBILIZATION 1 LS $ 50,000.00 $ 50,000.00 $ 50,000.00 $ MOBILIZATION/DEMOBILIZATION 1 LS $ 15,000.00 $ 15,000.00 $ - $ 15,000.00 NPDES 1 LS $ 25,000.00 $ 25,000.00 $ 22,500.00 $ 2,500.00 CLEARING & GRUBBING 51 AC $ 2,500.00 $ 127,500.00 $ 127,500.00 $ - POND AND SITE EXCAVATION 100,000 CY $ 2.00 $ 200,000.00 $ 180,000.00 $ 20,000.00 PLACE FILL (FROM EXCAVATION/STOCKPILE) 100,000 CY $ 2.00 $ 200,000-00 $ 180,000.00 S 20,000.00 FINAL SITE GRADING 125,000 SY 1 $ 0.50 $ 62,500.001 $ 56,250.00 $ 6,250.00 PAD STABILIZATION (SEED) 75,000 1 SY 1 $ 0.40 $ 30,000.001 $ 27,000.00 $ 3,000.00 BOC STABAUZATION (SOD) 18,000 SF 1 $ 0.201 $ 3,600.001 $ 3,240.00 $ 360.00 LAKE BANK STABILIZATION (SOD) 225,000 1 SF 1 $ 0.20 $ 45,000.00 I $ 40300.00 $ 4,500.00 TOTAL $ 8,000.00 $ - $ 81000.00 1 $ 758,600.00 1 $ 686,990.00 1 $ 71,610.00 EXHIBIT "At' 105 dN (LG C-/ STORM DRAINAGE ROADWAY DESCRIPTION DESCRIPTION QUANTITY UNIT TOTAL UNIT COST TOTAL COMPLETE INCOMPLETE 11/4" ASPHALT (FIRST COURSE) 10,907 SY $ 7.50 $ 81,802.50 $ 73,622.25 $ 8,180.25 1" ASH PHALT (FINAL COURSE) 10,907 SY $ 6.00 $ 65,442.00 $ - $ 65,442.00 8" ROCK BASE 5,016 SY $ 12.00 $ 60,192.00 $ 54,172.80 $ 6,019.20 6.5" ROCK BASE 51891 SY $ 11.00 S 64,801.00 $ 58,320.90 $ 6,480.10 12" STABILIZED SUBGRADE 10,907 SY $ 2.20 $ 23,995.40 $ 21,595.86 $ 2,39954 PAVERS 2,300 SF $ 250 $ 5,750.00 $ - $ 5,750.00 TYPE "F" CURB 375 LF $ 16.00 $ 6,000.00 $ 5,400.00 $ 600.00 2' VALLEY GUTTER 8,560 LF $ 11.00 $ 94,160.00 $ 84,744.00 $ 9,416.00 TYPE "D" CURB 220 LF $ 11.00 $ 2,420.00 $ 2,178.00 $ 242.00 CONCRETE SIDEWALK 3,600 SY $ 18.00 $ 64,800.00 $ 48,600.00 $ 16,200.00 SIDEWALK STABILIZATION (2' SOD) 25,000 SF $ 0.20 $ 5,000.00 $ 1,500.00 $ 3,500.00 SIGNAGE AND STRIPING 1 Ls $ 8,000.001 $ 8,000.00 $ - $ 81000.00 TOTAL $ 482,362.90 1 $ 350,133.81 $ 132,229.09 EXHIBIT "At' 105 dN (LG C-/ STORM DRAINAGE DESCRIPTION QUANTITY UNIT UNITCOST TOTAL COMPLETE INCOMPLETE 12" RCP 28 LF 1 $ 30.00 $ 840.00 $ 756.00 $ 84.00 12" HDPE 58 LF $ 25.00 $ 1,450.00 $ 1,305.00 S 145.00 18" RCP 165 LF $ 34.00 $ 5,610.00 $ 5,049.00 $ 561.00 24" CAP 100 LF $ 51.00 $ 5,100.00 $ 4,590.00 $ 510.00 24" RCP 1,666 LF $ 50.00 $ 83,300.00 $ 74,970.00 $ 8,330.00 36" RCP 699 LF $ 83.00 $ 58,017.00 $ 52,215.30 $ 5,801.70 36" CAP 100 LF S 88.00 $ 8,800.00 $ 7,920.00 $ 880.00 CONCRETE COLLARS 101 EA 1 $ 3,000.00 $ 30,000.00 $ 27,000.00 $' 3,000.00 CATCH BASINS/ STORM MANHOLES 22 1 EA $ 4,000.00 $ 88,000.00 $ 79,200.00 $ 8,800.00 YARD DRAINS 2 1 EA $ 1,500.00 $ 3,000.00 $ 2,700.00 $ 300.00 TOTAL $ 278,827.00 1 $ 250,944.30 $ 27,882.70 EXHIBIT "At' 105 dN (LG C-/ 106 SANITARY SEWER SYSTEM INCOMPLETE DESCRIPTION DESCRIPTION QUANTITY UNIT UNITCOST TOTAL INCOMPLETE COMPLETE INCOMPLETE 8" PVC (SDR 26) 6-8' CUT 1,946 LF $ 24.00 $ 46,704.00 $ 42,033.60 $ 4,670.40 8" PVC (SDR 26) 8-10' CUT 815 LF $ 28.00 $ 22,820.00 $ 20,538.00 $ 2,282.00 8" PVC (SDR 26)10-12' CUT 544 LF $ 32.00 $ 17,408.00 $ 15,667.20 $ 1,740.80 8" PVC (SDR 26) 12-14' CUT 195 LF $ 36.00 $ 7,020.00 $ 6,318.00 $ 702.00 8" PVC (SDR 26)14-16' CUT 652 LF $ 41.00 $ 26,732.00 $ 24,058.80 $ 2,673.20 4' DIA. MANHOLE 6-8' DEEP 14 EA $ 4,390.00 $ 61,460.00 $ 55,314.00 $ 6,146.00 4' DIA. MANHOLE 8-10' DEEP 4 EA $ 5,240.00 S 20,960.00 $ 18,864.00 $ 2,096.00 4' DIA. MANHOLE 10-12' DEEP 3 EA $ 6,330.00 $ 18,990.00 $ 17,091.00 $ 1,899.00 4' DIA. MANHOLE 12-14' DEEP 2 EA $ 7,080.00 $ 14,160.00 $ 12,744.00 $ 1,416.00 4' DIA. MANHOLE 14-16' DEEP 3 EA $ 8,420.00 $ 25,260.00 $ 22,734.00 $ 2,526.00 SINGLE SERVICE W/ CLEANOUT 8 EA $ 560.00 $ 4,480.00 $ 4,032.00 $ 448.00 DOUBLE SERVICE W/ CLEANOUT 35 EA $ 640.00 $ 22,400.00 $ 20,160.00 $ 2,240.00 TV LINES 4,152 LF $ 4.30 $ 17,853.60 $ 16,068.24 $ 1,785.36 TOTAL $ 306,247.60 1 $ 275,622,841 $ 30,624.76 106 POTABLE WATER SYSTEM INCOMPLETE DESCRIPTION QUANTITY UNIT UNITCOST TOTAL COMPLETE INCOMPLETE 8" C-900 WATERMAIN 4,613 LF $ 21.00 $ 96,873.00 $ 87,185.70 $ 9,687.30 8" GV 13 EA $ 1,880.00 $ 24,440.00 $ 21,996.00 $ 2,444.00 FIRE HYDRANT ASSEMBLY 4 EA $ 3,970.00 $ 15,880.00 $ 14,292.00 $ 1,588.00 SAMPLE POINTS 4 EA $ 510.00 $ 2,040.00 $ 1,836.00 $ 204.00 SINGLE WATER SERVICE (1") 10 EA $ 960.00 $ 9,600.00 $ 8,640.00 $ 960.00 DOUBLE WATER SERVICE (1") 34 EA $ 1,610.00 $ 54,740.00 $ 49,266.00 $ 5,474.00 FILL & FLUSH ASSEMBLY 1 EA $ 1,390.00 $ 1,390.00 $ 1,251.00 $ 139.00 27BLOWOFF 2 EA $ 2,680.00 $ 5,360.00 $ 4,824.00 $ 536.00 FITTINGS/BENDS I LS $ 20,000.00 $ 20,000.00 $ 18,000.00 $ 2,000.00 CONNECT TO EXIST. WATERMAIN 1 LS $ 750.00 $ 750.001 $ 675.00 $ 75.00 TESTING 1 LS $ 2,500.00 $ 2,500.00 $ 2,250.00 $ 250.00 TOTAL $ 233,573.00 1 $ 210,215.70 1 $ 23,357.30 106 COMPLETE INCOMPLETE 6,528.00 $ 1,632.00 1,440.00 $ 360.00 12,240.00 $ 3,060.00 8,680.00 $ 2,170.00 9,184.00 $ 2,296.00 13,320.00 $ 3,330.00 11,880.00 $ 2,970.00 972.00 $ 243.00 39,600.00 $ 9,900.00 10,368.00 $ 2,592.00 39,792.00 $ 9,948.00 4,060.00 $ 1,015.00 46,512.00 $ 11,628.00 571.20 $ 142.80 6,468.00 $ 1,617.00 4,776.20 $ 1,194.05 12,436.20 $ 3,109.05 16,751.94 $ 4,187.98 13,884.00 $ 3,471.00 14,077.80 $ 3,519.45 11,977.20 $ 2,994.30 16,000.001 $ 4,000.00 60,000.00 $ 40,000.00 361,518.54 $ 115,379.63 106 ENGINEERING AND SURVEY COMMON AREA AND LAKESHORE LANDSCAPING DESCRIPTION QUANTITY UNIT DESCRIPTION QUANTITY UNIT COMPLETE UNITCOST TOTAL $ COMPLETE INCOMPLETE PYGMY DATE PALM 1 EA $ 800.00 $ 800.00 $ 200.00 $ 600.00 WILD DATE PALM 2 EA $ 1,500.00 $ 3,000.00 $ 750.00 $ 2,250.00 ROYAL PALM 12 EA $ 500.00 $ 6,000.00 $ 1,500.00 $ 4,500.00 MEDJOOL DATE PALM 2 EA $ 2,500.00 $ 5,000.00 $ 1,250.00 $ 3,750.00 JAPENESE BLUEBERRY 39 EA $ 340.00 $ 13,260.00 $ 3,315.00 $ 9,945.00 LIVE OAK (12'-14') 218 EA $ 405.00 $ 88,290.00 $ 22,072.50 $ 66,217.50 LIVE OAK (20') 10 EA $ 1,500.00 $ 15,000.00 $ 3,750.00 $ 11,250.00 SOUTH FLORIDA SLASH PINE (12'-14') 86 EA $ 280.00 $ 24,080.00 $ 6,020.00 $ 18,060.00 RED MAPLE 27 EA $ 400.00 $ 10,800.00 $ 2,700.00 $ 8,100.00 SABAL PALM (10'-20') 202 EA $ 300.00 $ 60,600.00 $ 15,150.00 $ 45,450.00 JAPANESE PRIVET 48 EA $ 150.00 $ 7,200.00 $ 1,800.00 $ 5,400.00 BALD CYPRESS (6'-7') 186 EA $ 104.81 $ 19,494.66 $ 4,873.67 $ 14,621.00 BALD CYPRESS (10') 130 EA $ 20752 $ 26,977.60 $ 6,744.40 S 20,233.20 SOUTHERN MAGNOLIA 34 EA $ 350.00 $ 11,900.00 $ 2,975.00 $ 8,925.00 SHRUBS/GROUNDCOVERS $ - COONTIE PALM 6 EA $ 50.00 $ 300.00 $ 75.00 $ 225.00 COCOPLUM 758 EA $ 15.00 $ 11,370.00 $ 2,842.50 $ 8,52750 SMALL LEAF CLUSIA 359 EA $ 25.00 $ 8,975.00 $ 2,243.75 $ 6,731.25 GREEN ISLAND FICUS 1,332 EA $ 3.00 $ 3,996.00 $ 999.00 $ 2,997.00 PARSONI JUNIPER 311 EA $ 20.00 $ 6,220.00 $ 1,555.00 $ 4,665.00 DWARF YAU PON HOLLY 1,349 EA $ 3.25 $ 4,384.25 $ 1,096.06 $ 3,288.19 MUHLY GRASS 1,829 EA $ 6.75 $ 12,345.75 $ 3,086.44 $ 9,259.31 SAW PALMETTO 567 EA $ 15.00 $ 8,505.00 $ 2,126.25 $ 6,378.75 FAKAHATCHEE GRASS 1,730 EA $ 6.75 $ 11,67750 $ 2,919.38 $ 8,758.13 DWARF FAKAHATCHEE GRASS 417 EA $ 450 $ 1,876.501 $ 469.131$ 1,407.38 SAND CORD GRASS 4,427 EA $ 6.75 $ 29,882.25 $ 7,470-561 $ 22,411.69 DWARF VARIEGATED SCHEFFLERA 484 EA $ 4,001 $ 1,936.001 $ 494.001 $ 1,452.00 TOTAL $ 393,870.51 $ 98,467.63 1 $ 295,402.88 ENGINEERING AND SURVEY DESCRIPTION QUANTITY UNIT UNITCOST TOTAL COMPLETE INCOMPLETE ENGINEERING SERVICES 1 LS $ 75,000.00 1 $ 75,000.00 $ 56,250.00 $ 18,750.00 SURVEY SERVICES 1 LS $ 65,000.001 $ 65,000.00 $ 58,500.00 $ 6,500.00 SET PRM'S, PCP'S, LOT CORNERS 11 LS I $ 15,000.001 $ 15,000.00 $ $ 15,000.00 TOTAL $ 155,000.00 $ 114,750.00 $ 40,250.00 TOTALS $ 3,085,379.18 $ 2,348,642.81 1 $ 736,736.37 % OF TOTAL COMPLETE 76.12% 23.88°/ PROPOSED BON D AMOU NT (125%) 1 $ 920,920.46 Kimley-Horn and Associates, Inc. llllrri� Kinan Husainy, P,E. "4- !V P FL Reg #75481 O• Hord r _ 107 ma NDIAN 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: Submittal of Florida Department of Economic Opportunity Grant FY18/19 DATE: May 9, 2018 DESCRIPTION AND CONDITIONS Late April 2018, the County received notification that the Florida Department of Economic Opportunity (DEO) was soliciting technical assistance grant requests for State FY 2018/19. Staff wanted to make the Board aware that on May 7, 2018, the County responded to the DEO solicitation and is requesting $13,500 to develop a living shoreline/oyster reef demonstration site at Round Island Riverside Park. The living shoreline/oyster reef demonstration project is one of the small-scale lagoon projects staff identified as a way to further showcase the County's efforts to improve water quality in the lagoon. The grant is cost reimbursement and does not require matching funds. The grant period is July 1, 2018 — June 30, 2019 and requires all work to be completed by May 31, 2019. Given the relatively short project completion period and that the grant is a cost reimbursement basis it may be prudent to begin the project in advance of potential grant funding. This way the project can be fully designed and permitted if funds become available. FUNDING Funds for this expenditure are not currently budgeted, but can be funded by a budget amendment for $20,000 .from General Fund/Reserve for Contingency to General Fund/Lagoon/Other Professional Services- Acct # 00128337-033190. RECOMMENDATION Staff recommends the Board support the submittal of the FY 18/19 Florida Department of Economic Opportunity Grant for the living shoreline/oyster reef demonstration project at Round Island Park. Staff also recommends that the Board authorize a budget amendment in order to begin project design and permitting. ATTACHMENT Submitted Technical Assistance Grant Application. APPROVED AGENDA ITEM FOR: MAY 15, 2018 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5COE8AC2\@BCL@5COE8AC2.docx 108 BOARD OF COUNTY COMMISSIONERS Fes;. { �LORIV May 4, 2018 Florida Department of Economic Opportunity Attn: Julie A. Dennis, Director Division of Community Development 107 East Madison Street, MSC 160 Tallahassee, FL 32399-1420 Subject: FY 2018/2019 DEO TECHNICAL ASSISTANCE GRANT for: LIVING SHORELINES IN INDIAN RIVER COUNTY: AN EDUCATIONAL DEMONSTRATION SITE AT ROUND ISLAND PARK Dear Ms. Dennis: Indian River County respectfully submits the enclosed grant application for consideration of $13,500 in FY 2018/2019 funding under the DEO Technical Assistance grant program. • Requesting Organization Name and Contact Information for Project Lead Requesting Organization: Indian River County Public Works Coastal Engineering Division 180127 th Street Vero Beach, FL 32960 Project Lead: James Gray, Jr., Natural Resources Manager 772-226-1344 igrav@ircgov.com • Brief Summary of the Project and its Benefits When Implemented Round Island Riverside Park is a large County owned park located in southern Indian River County. Amenities include ample parking, boat ramps and canoe launches, children's playgrounds, several picnic pavilions, and a lagoon observation boardwalk. Indian River County intends to engage and educate the public on the importance of a healthy lagoon system by showcasing a living shoreline/oyster reef deployed within a public park. FY 2018/2019 DEO Grant — Indian River County 109 Page 2 Through involvement of community volunteers and students, an oyster reef/living shoreline demonstration project will be constructed adjacent to a heavily utilized lagoon observation boardwalk within the County's Round Island Park. Innovative educational signs and information will be developed to further highlight the project and surrounding ecosystem. The County intends to continue to showcasing the project though presentations and school interaction. e Project Funding Request Funding Request: $13,500 for project design, permitting, construction and signage We believe the project will result in a very positive outcome for the Indian River Lagoon and its neighboring Counties and we are proud to offer it for consideration. If you have any questions or require additional information please contact me. strator OFFICE OF THE COUNTYADMINISTRA TOR INDIAN RIVER COUNTY 1801 2711' Street, Vero Beach, Fl 32960-3388 110 PHONE: 772-226-1408 - FAX: 772-978-1822 INDIAN RIVER COUNTY FY 2018-2019 DEO TECHNICAL ASSISTANCE GRANT LIVING SHORELINES IN INDIAN RIVER COUNTY: AN EDUCATIONAL DEMONSTRATION SITE AT ROUND ISLAND PARK SCOPE OF WORK 1. GRANT AUTHORITY. This Community Planning Technical Assistance grant is provided pursuant to section 163.3168, F.S., and Specific Appropriation 2220, Chapter 2016-66, Laws of Florida, to provide direct and/or indirect technical assistance to help Florida communities find creative solutions to fostering vibrant, healthy communities, while protecting the functions of important State resources and facilities. 2. PROJECT DESCRIPTION: The Grantee will design and construct a living shoreline/ oyster reef within Round Island Park, and subsequently engage and 'educate the public on the importance of a healthy lagoon system by showcasing the oyster reef. Innovative education videos, signs and information will be utilized to highlight the project and surrounding ecosystem, and encourage positive environmental behavior changes. The proposed living shoreline demonstration site will be the first County administered living shoreline project in Indian River County. The County has partnered with multiple agencies with years of experience (i.e. FWC, IRLT, DEP AP) to guide and assist the County during the planning stages and deployment of this shoreline project. 3. GRANTEE RESPONSIBILITIES: To perform the tasks and timely provide DEO with the deliverables identified in paragraph 5 below pursuant to the terms of this Agreement. A. Deliverable 1- The Grantee shall design a living shoreline demonstration at Round Island (RI) Park. (1) The Grantee shall utilize its staff and consultants to design a small-scale living shoreline to provide an educational demonstration site to the public. B. Deliverable 2- The Grantee shall apply for and receive a living shoreline permit. (1) The Grantee will receive a living shoreline permit from Florida Department of Environmental Protection and the U.S Army Corps of Engineers. No other permits are required for the educational signs because the Grantee owns the Round Island Park. 111 C. Deliverable 3- The Grantee shall construct a living shoreline. (1) The Grantee, with help from DEP Aquatic Preserve, Indian River Land Trust, FWC and Coastal Connections volunteers, will construct a small-scale living shoreline to provide an educational demonstration site to the public. The project will be constructed adjacent to a heavily utilized Lagoon observation boardwalk within the County's Round Island Park. D. Deliverable 4- The Grantee shall install educational signs and recycling bins/litter stations. (1) The Grantee will advertise a Request for Proposals (RFP) for the creation of the educational signs. QR codes will be printed on the signs to provide a link to innovative videos. (2) Visitors to Round Island Park's living shoreline demonstration site will be educated on the benefits of oysters and habitat enhancement, how living shorelines are used to buffer the shore from erosion and allow a natural recruitment of fish to create nursery habitat. (3) The County will also install multiple recycling bins within the park and implement . countywide educational programs identifying the benefits of recycling. E. Deliverable 5- The Grantee shall create a series of videos to educate visitors. (1) The Grantee will advertise a Request for Proposals (RFP) for the creation of a series of videos to educate visitors on the importance of living shorelines, the natural resources of the Indian River Lagoon and how technologies for habitat enhancement have changed over time. Information will also be provided about potential threats to the Lagoon, how technologies for habitat enhancement have improved over time, and about protected species like manatees and turtles that utilize this habitat. (2) The goal of the demonstration site is to encourage and educate citizens on how to do their part to protect the Lagoon from the threats this habitat faces every day such as over fertilizing, littering, benefits of recycling, refusal to pick up pet waste, etc. (3) Suggested positive behavioral changes will be identified in the educational videos attached to the demonstration signs via QR codes. (4) The Grantee shall provide quarterly reports for one year after installation. Educational impacts of the project will be measured by collecting the following data: 1) A record 112 of how many times each video QR code has been scanned and the video site visited, and 2) survey responses from individuals who visited the videos linked to the QR code. Also, a 10 question survey will be created by the Grantee to quantify self-assessed environmental knowledge and willingness to engage in environmentally friendly behaviors like recycling. (5) The Grantee will also provide a measure of environmentally friendly behaviors using an estimation of recycled material collected at Round Island Park. These data will be calculated by weighing each of the three the recycling carts introduced around Round Island Park once a month just before pick by Waste Management. Other data determining behavior changes or environmentally friendly behaviors will be collected using the survey method described above. 4. DEO'S RESPONSIBILITES: To receive and review deliverables and, upon approval of deliverables, process payment pursuant to the terms of this Agreement. 5. DELIVERABLES: The specific deliverables, tasks, minimum levels of service, due dates, payment amounts, and financial consequences are set forth in paragraph 3 above and in the following table: Deliverables and Tasks Performance Measures Due Date Payment Amount Deliverable 1. Final Report 1. Project Design Design for living shoreline demonstration at Round June/Aug 2018 $ 3,500.00 Island (RI) Park Living shoreline permits. 2. Permitting Permits are not required for Aug/Sep 2018 $ 2,000.00 the educational signs to be installed as IRC owns RI Park 3. Installation of Living Construct and deploy living Sep/Oct 2018 $ 3,000 Shoreline shoreline demonstration at RI Park 4. Educational Signs Install educational signs and recycling bins/litter stations Sep/Oct 2018 $3,000.00 5. Videography The Grantee will provide quarterly reports for one year 113 114 after installation that will $2,000.00 include an analysis of citizen surveys, the number of times the videos were engaged, and available data related to pounds of trash recycled at the park. County will update videos as necessary. Total Payment Amount Not to Exceed: $ 13,500.00 114 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Local Option Gas Tax Distribution Percentages DATE: April 27, 2018 DESCRIPTION AND CONDITIONS As required by Chapter 209 of the Indian River County Code, the Board of County Commissioners shall conduct a Public Hearing every two years in May to approve a revenue distribution formula for the 6¢ Local Option Gas Tax. This tax revenue is currently shared with the five municipalities based upon a formula as follows: "The percentage of total revenue allocated to each eligible entity equals one- third of the entity's percentage of total equivalent lane miles of road plus one- third of the entity's percentage of transportation expenditures over the previous five years plus one-third of the entity's total percentage of population residing in the area based upon the most recent estimate from the Florida Bureau of Economic and Business Research." This formula has been used over the past 31 years. Attached is the 2018 updated table for computation of the Local Option Gas Tax Distribution Percentages. The new percentages will be sent to the Florida Department of Revenue for implementation by September 1, 2018. RECOMMENDATIONS Staff recommends approval of the 2018/2019 revenue distribution percentages. ATTACHMENT Chapter 209 LOGT Chart/Spreadsheet Public Hearing Advertisement April 2018 Sample Letter to'Municipalities DISTRIBUTION Michael Smykowski, Director, Office of Management & Budget APPROVED AGENDA ITEM FOR MAY 15, 2018 C:\Gran icus\Leg istar5\L5\Temp\be488c3a-e043-4ff5-b977-63ac8f062895.doc I®.A.j. 10A INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director SUBJECT°\ Local Option Gas Tax Distribution Percentages DATE: \April 27, 2018 N AND°°CONDIT As required by ChapterN09 of the Indian River County Code, the Board of County Commissioners shall cond ct a Public Hearing everytwo years in Mayto approve a revenue distribution formula for the 6¢' Local Option Gas Tax. This tax revenue is currently shared with the five municipalities basbd upon a formula as follows: "The percentage of total revenue allocated to each eligible entity equals one- third of the entity's percentaXof total equivalent lane miles of road plus one- third of the entity's percentage oftransportation expenditures over the previous five years plus one-third of the entity's total percentage of population residing in the area based upon the most reg nt estimate from the Florida Bureau of Economic and Business Research."\ This formula has been used over the past 31 yeks. Attached is the 2018 updated table for computation of he Local Option Gas Tax Distribution Percentages. The new percentages will be sent to the`Fl\distributi idDpartment of Revenue for implementation by September 1, 2018. RECOMMENDATIONS Staff recommends approval of the 2018/2019 revenuen percentages effective 10/1/18., ATTACHMENT Chapter 209 LOGT Chart/Spreadsheet Public Hearing Advertisement April 2018 Sample Letter to Municipalities DISTRIBUTION Michael Smykowski, Director, Office of Management & Budget APPROVED AGENDA ITEM FOR MAY 15, 2018 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@DCOD7531\@BCL@DCOD7531.J45 INDIAN RIVER COUNTY LOCAL OPTION GAS TAX DISTRIBUTION FORMULA MAY 2018 ITEM INDIAN RIVER COUNTY VERO BEACH FELLSMERE SEBASTIAN ORCHID INDIAN RIVER TOTAL 2016/2017 $32,550,182 $7,028,825 $1,592,077 $6,789,304 SHORES # Lane Miles 1407.18 202.06 55.84 314 7 4.97 # Bridges 75 5 0 5 0 0 Equiv. Lane Miles 1557.19 212.06 55.84 324 7 4.97 2,161.06 Equiv. Lane=(# Lane Miles)+(2)(# Bridges) 72.0568% 9.8128% 2.5839% 14.9926% 0.3239% 0.2300% 100.00% Transportation Expenditures 2016/2017 $32,550,182 $7,028,825 $1,592,077 $6,789,304 $16,151 $332,873 2015/2016 $33,726,485 $5,256,907 $1,450,058 $5,229,574 $26,445 $308,725 2014/2015 $32,580,202 $4,173,695 $2,197,651 $5,513,017 $23,763 $388,547 2013/2014 $38,747,247 $3,205,811 $1,110,799 $3,959,905 $18,944 $220,923 2012/2013 $40,435,214 $2,706,074 $1,099,953 $3,539,057 $11,047 $223,129 Sub -Totals $178,039,330 $22,371,312 $7,450,538 $25,030,857 $96,350 $1,474,197 $234,462,584 Average Percent 75.9351% 9.5415% 3.1777% 10.6758% 0.0411% 0.6288% 100.000000% POPULATION (2017)* 98,644 16,086 5,483 24,192 419 4,138 148,962 POPULATION % 66.2209% 10.7987% 3.6808% 16.2404% 0.2813% 2.7779% 100.000000% REVENUE PERCENTAGE 71.404300% 10.051000% 3.147500% 13.969600% 0.215400% 1.212200% 100.000000% (PROPOSED FOR 2018/2019) EXISTING PERCENTAGE 72.1156% 9.7527% 3.2189% 13.4681% 0.2266% 1.2181% 100.000000% (2017/2018) Distribution Formula is equal to one-third of the entity's percentage of total equivalent lane miles of road plus one-third of the entity's percentage of transportation expenditures over the previous 5 years, plus one-third of the entity's total percentage of population based upon most recent estimate from the University of Florida Bureau of Economic and Business Research (BEER) ' Per Bureau of Economic and Business Research, University of Florida Population Estimates 2017 116 LOCAL OPTION GAS TAX CHAPTER 209. LOCAL OPTION GAS TAX Sec. 209.01. Short title. Sec. 209.02. Levy of tax. Sec. 209.03. Effective date. Sec: 209.04. Disposition of proceeds. Sec. 209.05. Utilization of proceeds. Section 209.01. Short title. This article shall be known and may be cites as the "Indian River County Local Option Gas Tax Ordinance." (Ord. No. 92-26, § 4, 7-14-92) Section 209.02. Levy of tax. There is hereby imposed a six cent ($0.06) local option gas tax upon every gallon of motor fuel and special fuel sold in Indian River County and taxed under the provisions of F.S. Ch. 206. (Ord. No. 92-26, § 4, 7-14-92) Section 209.03. Effective date. The tax imposition hereby made shall be effec- tive from September 1, 1996 to August 31, 2026, both inclusive. (Ord. No. 92-26, § 4, 7-14-92; Ord. No. 96-11, § 1, 4-23-96) Section 209.04. Disposition of proceeds. (a) The disposition of proceeds shall be pursu- ant to interlocal agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the county. Said agreement shall provide a distribution formula for dividing the entire proceeds of the local option gas tax among the county government and all eligible municipal- ities within the county. Said formula is set forth in paragraph (b) of this section. The method of distribution of the local option gas tax revenues shall be reviewed and a public hearing held in May at least every two (2) years by the. parties to the agreement. (b) Each year, during the term of the imposi- tion of this tax, the division and distribution of tax proceeds under this article sball be evaluated and recalculated based upon the following for- mula: The percentage of total revenue allocated to each eligible entity equals one-third (Va) of the Section 209.05. Utilization of proceeds. Proceeds of the tax imposed herein shall be utilized only for transportation expenditures in accordance with the provisions and requirements of F.S. § 336.025. (Ord. No. 92-26, § 4, 7-14-92) § 209.04 entity's percentage of total equivalent lane miles of road plus one-third (113) of the entity's percentage of transportation expenditures over the previous five (5) years plus one-third (V3) of the entity's total percentage of population re- siding in the area based upon the most recent estimate from the. Florida Bureau of Economic and Business Research. Each eligible entity (municipality) shall report the above information to the Indian River County Public, Works Director by April 30th of each year. Should the above information not be reported to the public works director by April 30th of each year, the public works director shall recalculate the distribution of proceeds based upon the pre- vious year's information, or other reliable infor- mation, whichever is more recent, for each non - reporting eligible entity (municipality). By June 15 of each year, the county shall provide the Florida State Department of Revenue a certified copy of the distribution proportions established by interlocal agreement under this section. The revised distribution of tax proceeds shall become effective on September 1 of the same year. (c) If, during the term of the imposition of this tax, the county or any of the municipalities be- come ineligible to receive a share of the local option gas tax for any reason, any funds other- wise undistributed because of ineligibility shall be distributed by the department of revenue to eligible governments within Indian River County in proportion to other monies distributed pursu- ant to this section. (d) The distribution formula established herein shall also govern the division and distribution of proceeds of the local option gas tax imposed through August 31, but not collected otherwise available for distribution until after August 31, of the year this levy terminates. (Ord. No. 92-26, § 4, 7-14-92; Ord. No. 96-11, § 1, 4-23-96; Ord. No. 2001-012, § 1, 3-20-01) 117 6E , THURSDAY, MAY 3, 2018 0 TREASURE COAST NEWSPAPERS Tc Homes Furnished Vans PORT SALERNO -Waterfront! RD ECONOLINE E350 WOR Best view on the Manatee All - 2006. To /msid Pocket! 7 boat slips acks, 95K mi, $8100. 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Clubhouse, p o, pool, �C CASH verobeachc'd.com TCPALM Localfieds 800.375.2966 TCPALM Localfieds Planned activiti s, etc. J verobeachc'd.com $1675/mo (561)674 8477 fOf you UnWarite orjunk Publi Notices �Requestfor Bids _ '.Requestfor Bids Request for Bids Condos Furnis If car ortureein ing or -- _ . _ _ _ ._ not; Free pi up. las, T as 75252, intends t ROJECT-2303JUANITAAV CRY OF FORT PIERCE LOCATION TO SECURE BID HARBOR ISLE IVERFRONT 77 579-5 83 registe the said name wit PACKAGE: Bid package may FURNISHED CO DO - 28 Har- A ACU ATO OLVOS the Di sion of Corporatio i accordance with detail d FORT PIERCE, FLORIDA be obtained on bor Isle unit 3 28R, Harbor TOP $ LLA CASH of the lorida Department f s ecifications available up n Isles Riverfro t 2 bd 2 b fur - State, allahassee, Florl . re uest in the Purchasi g C L FOR BIDS NO.2018-034 www.DemandStar.com nished con d no pets, close FOR Y R V HICLE Dated a Palm Beach, Flori a, Di ision, City Hall, 100 N. S. Telephone: (800)711-1712 to club hous ,pool, gym, ten- 772 79- 95 this 26t day of April. 2 B. 1, ort Pierce, Florida. Copes Seal bids will be received nis. Rent $ 800/mo Ph/text CARS U INC. Ver Beach SMI, LLC of the documents are av ii- to th City of Fort Pierce, Fort Or (772)466-7 6 (772)708-5139. Pu : May 3, 2018 ab electronically from he Pierce Florida, in the Purchas- PONCE DE ON -Gorgeous, N 2000086 Pu hasing Division bby e• ail Ing Div ion, until: Office of the Manager of Pur- 2/2 cond 55+, non Notice Un er Fictitious N me req est to biddeskicit -ft- chasing log, 3rd f r, next to elevator Recreation Law Pu want to Sects n pie e.com or on the web ite 3: PM, TUESDAY, 3455 Airport West Drive, $1050/mo/yrly. (772)584.5173 . •_ . 865. 09, lorida Statut s of emand5tar.com (w w. AY 22,2018 Vero Beach, FL 32960 iREASU COAST ISLES -IBR/ de ndstar.com) and the ity p IBA 182 COBIA DR, Waterfro -Boats/Mot /Marine NOTICE IS EREBY GIVE that b Tele hone: (772) 978-5470 nt Can CoB A Dock Ka ak the enders gned desir ng to of F t Pierce Purchasing a forfurnish g: Email: purchase@covb.org engagye in business under site (www.city0ffortp ere. Pub: May 3.2018 Rack asking Distance [o Mir- 21'sEAFOX'0 , -top, 150hp the tictitI s name TAY- tom) HOUSING EHABILITATION TCN 2001146 acre file. New renovated, All Mercury w/1 h s; Selling w/ LOR CREEK MARINA ocated PROJECT- 02 SOUTH 23rd Tile. o Pe -.k Annual outriggers. T aile . $10,500. at 1600 NO TH 2ND TREET, A M ndatory Site -Nisi will 5 EET be h d 11:00 AM, Thu sday, $12 0 mo. Call (772)770-9469 772 85- K in the Court y of S LUCIE, May 0, 2018, at 2301 an- in accordance with detailed Estate rn - - BOAT DOCK LI t K s, l mi City of FOR PIER , Flori- ita A nue, Fort Pierc , FL. s ecifications ailable u ani ®ha C 1,05 Unfumisfied d/two It rt, ter/elect., da 34950, int nds t register p p boat up t 33', the said nam with the Divi- All in rested bidders UST request in the Purchasing -= . = -.- _ __.. - - - pr ate home Sion of Corp ratio s of the attend this site visit in order Division, C'uy Hal 100 N. U.S. ---- -,._ _ __ _ 2/ CONDO - 1 ea 1st/2nd Fir, 8300/mo. (561)77 -5626. for the bids to be consi ered. 1, Fort Pierce, Flo da. Copies n quiet Vero Beach 55+tom- MANAT E POCK DOCK Florida Depar en of Stale, P . 'HOrti25 For Sale munity. $1200/mo, annually. Tallahassee, Lori a. Dated Anyon arrivingafterl 15AM of the documents are avail. _,__.._„____._::__ SLIPS vailable. iter& at FORT PIERC orida, this will no be allowed to amici- able electronically from the 3/2 CBK POOL ON DOUBLE LOT Very clean. Tennis, swim- electri included, Private 26TH day of ARIL, 2018. Pate in a bid process Purchasing Division e-mail Sebastian 3/2 CBK w/30x15 ming, bridge, other commu- home. 300 min+ ax Call DEAN KI LLC request to biddesk city -ft- screened pool on double lot. nity activities No Pets/Smok- Dog 561-308• 88 Pub: Ma 2018 The Cit of Fort Pierce ncour- p!erce.com or on the eb site RV/Boat pad. Shed w/electric. Ing. (772)925.5329 TCN 20 235 ages Mi ority/Women Owned of Demand5tar.com (www. $249,000 WINDJAMMER - 2/2, by owner SEA O '91 - 25 t, Cu dy, euslnes Enterprise p rticipa- demandstarcom) and t e City David Gagnon completely remodeled, 2nd 06 Ya aha 250h Notice Under Fi it ous Name tion. of Fort Pierce Purchasin web RE/MAX Crown Real Tloor, w/boat dock S/S appls, p 45 00 hrs. Law Pursua o Section Realty Gd. Ari ! $13K (440)48 -6294. site (www.cityoffort 'ere. (772)480-0290 full W/D, closed -in lanai. SPYGL SS HARBOR DO For 865.09, Flori Statutes CITY OF RT PIERCE corn). - $1350/mo annually. Move- Rent Yacht facility E -Z NOTICE IS HER GIVEN that 4 BED 2 BATH 2 CAR GAR E in ready! 55+ Amenities! No boat access, lift in s cure the undersign di desiring to Gelencia arter, A Mandatory Site -Vises ill This 4/2/2 has 2246 sq re smoking/pets. (772)286-1669 engage in h sl ss under Purchasin Manager be held 10:00 AM, Thursd feet under air, a block om - - - - - - - - - area, utils. incl. Boats der the fictitious a of Dogs- Pub: 4/26 nd 5/3/18 May 10, 2018, at 202 Sou public access lake, mi tes Dupix/Multplx UnFunn 35', slip 22. $425/mo. Call N -Paws Do I alki g and Pet TCN 19961 3 23rd Street, Fort Pierce, to I-95, Turnpike, sho ping. Ki M -F, 9-5 (772)778- 62. Sitting Servic Inca ed at 1782 CITY F FORT P RCE All interested bidders r Buyer may also buy urm- 5004 LA SALLE STREET SW MoreliaL ne, in he County attend this site visit in order ture, Call (772)336-42 Lakewood Park -2 bed/1 bath, of St. Lucie, sty of ort Saint FORT P RCE, F RIDA for their bids to be considered. PALM CITY 2/2/1, harter w/d hookup, FPL Power, $650 Lucie. Florid 34953 tends to Anyone arriving after 10:15 AM month $650 securi de os - register th said n me with will not be allowed to Club 1850 SF, Ig pa Io over- ty P the Der th of Cor orations CALLFOR IDS NO 2018.036 partici. looks lake, new fl Oringg in it. Call (772)215.6958 and of the Flor da Depa ant of pate in the bid process. iving area, $265, 00 Moti- leave a message! State, Ta ahassee, Florida. Sealed bids will b received ated seller. WEBI 1982073 Dated at P rt Saint Lu ie, Flor- by the City, Fort fierce, Fort The City of Fort Pierce encour- Geneva Prop rties Manufactured Homes Pierce, Florl , in t e Purchas- ages Minority/women Owned ida,this3 tli day of App i1, 2018. (772)323- 15 - - e u elis sa Smnh in g Division, ntil: Business Enterprise participa- ,;_ --------- _. _ SU -BENE MHP -Beautiful Ig. P :May 3, 201 tion. IBR/1BA, tile floors, central CN 2003721 3:30 PM, D ESDAY, Cq,-OScFUFn_ ,:__ AC, w/d hookup 55+, NO MAY 18 CITY OF FORT PIERCE OFFIC �COND FOR SALE PETS OR KIDS $695/mo Call Notice oder Fictitious amu ' Vicki (772)453-9051 Law , Flo t to Sec "on for furnishing. Purchasi Carter, 2840 le U $368000;2240 , Vicki. (772)453-9051 9, Florida State s Purchasing Manager SF n bre U w plus 600 SF ;Waterfront Rentals ' - NOTIC IS HEREBY GIVE that HOUSING R A ILITATION Pub: April 26 and May 3, 2018 on 2nd fro with full bath - the u dersigned desiri g to PROJECT- 3 4 orth 21st TCN 1995973 Excelie ppOsure on Wil- VERO BEACH -Furn or Unfurn enga in bus!ness der Sir loughby d. in Stuart, FL. the ctitious name of ox CITY OF FORT PIERCE Contents included: furnl- 3/2/1, River Shores w/sprin- Y- klers, w/d, screened pool, pros us! located at 80 SE in accordance ith detailed FORT PIERCE, FLORIDA phone ch rstemookpha es, dock, river access. Quiet Dixi Highway, in the Co my specifications ailable upon residential area. Open to of rtin, in the City of tu- re uest in th Purchasin alarm, of n sensors. Paul q 9 CALL FOR BIDS NO.2016.037 (772)4 •34 (772)485-3445 purchase offers. 82600/mo art, Florida 34994 intend to Division, City H I, 100 N. U.S. 732.58 rs. $2 reg ter the said name ith 1, Fort Pierce, F tido. Copies Sealed bids will be received VISTA OYAL 1ST. FLOOR th Division of Corporati ns of the docume are avail- by the City of Fort Pierce, Fort Vista oyale bed,2 bath Beach Rentals of the Florida Departm nt able electroni y from the pierce, Florida, In the Purchas- First l0or. Ex Ilent Condi- _ of State. Tallahassee, fro i- purchasing Div si n byy a -mail ing Division, until: tion, ully furni ed.$115,000 VERO BEACH WINDWARD WAY d .Dated at Stuart, Flori request to bd skC�city-ft- Ver Beach (508 23-3573 at the Moorings. Decorators t is 25th day of A9pril, 201. pierce.com or n he web site 3:00 PM, THURSDAY, V Delight! Furn 261/2ba condo. OXYPROS, ItJc. , of DemandSt r. m (www. MAY 24, lois '!Ri Y;F[Of_It�Prop rty Pool. No pets. 1st fir. 1/2 blk Pub: May 3, 2018 demandstar.c ) nd the City _ _ - .. ...s- from beach. W/D, Wi-Fi. Avail TCN 2000667 `, of Fort Pierce urn asing web for furnishing: P MUST SELL!: - 000 SF, thru Nov 30. 1 me min. $2000. PUBLIC HEARING Site (www. ityo fortplere. BR/38A 2 kitchen m -law, No smoking. Lan 772-231-1132 Co.). HOUSING REHABILITATION la rm, canal. Seller iii hold WebiD 1981557 The Board of Count Commis- PROJECT- 813 AVENUE M partial mortga e. $2 K obo VERO BEACH OCEAN DRIVE sioners of Indian River Coun• A Mandator Site Visit will (772)777.3250 AM! Luxury condo oceanfront. ty. Florida, hereby provides be held 2:0 PM, hursday, in accordance with detailed ---- ----.- - - --- y notice that a public hearing May 10, 201 at 14 North specifications available upon' gated. furnished 2/2, garage, will be held on Tuesday, May 21st Street, Fort P erce, FL. request in the PurchasingManufactlired-Hdme joy 6 mos. now thru 152018, at 9: 05 a.m. or as soon All interest bidd rs MUST Division, Cd Hall, 100 N. U.S. '_'-'— -"---- ct at lovely Central Beach AAffih thereafter as possible at the attend this ite visi In order 1, Fart Pierce, Florida. Copse FOR SALE BY OWNER N. P. for less than 1 mo. abroad! County Commission Cham- for their bid to be co sidered. of the documents are avai 2BR/1BA mobile ho a 81650/mo x6.(443)235-9256 l e tiers in the County Admin- Anyone arri Ing afte 2:15 PM able electronically from t w/100x75' lot, screen port . - p ® Cti® istration Building, 1801 27th will not be slowed t partici• Purchasing Division by e•m 11 $37K Ind. lot. (772)204-5763 Roommates 6/ L7i.i Street, Vero Beach, FL 32960, Patein the id proces . request to biddesk@city - i. •- =,.” -- - ` - to discuss the following: PORT ST. LUCIE - Near 1-95 off pierce.com or On the web rte iFoc Salt By__Owner,. Gatlin Blvd, quiet hrT® The Ci of ort Pierce ncour- of Demand5taccom (w w. q et attractive e`I/ CONSIDERATION OF SIX CENT ages Minor ty/Women Owned demandstarcom) and th City CITRUS SPRINGS - 584 Cal- furnished room, cable TV, (6t) LOCAL OPTION GAS TAX Business E terprise pa icipa- of Fort Pierce Purchasin web amondin Way SW, 3/2.5/2 on Smoker/No pets• 8400/mo (LOGT) REVENUE DISTRIBU- tion. site (www.cityoffor lere. ggated emty. Clubhse, w/pool 772'8121357 TION FORMULA FOR FISCAL tom). &p amenities. Lg. tile. new _ _ _ _ YEAR 2018/2019 CITY OF FyRY PIERCE Sun A Mandatory Site -V it will thru t. May House Sat •� U Interested parties may appear Gelencla 9larter, be held 3:00 PM, T urs day, $289K See pix at: ID 1981996 - at the meeting and be heard Purchasin Manager May 10, 2018,at813 enueM CLOSE TO BEACHES - And 'CO mereiai $�� with respect to the proposed Pub: 4/26 nd 5/3/16 Fort Pierce, FL. All' terested downtown Stuart! This 1,500 - - = "- - 1 application. Anyone who TCN 1996 96 bidders MUST a d this site SF 3BR/2BA CBS home sits Inv ,/Income:Prop/Sale' wants t0 inspect any pro- visit in order for It air bids to on a Ig. comer fenced lot w/ posed documents may no so be considered. A one arriv- outdoor bar and pizza oven. 18 AC INDUSTRIAL LAND at the Public Works Depart- in after 3:15 P will not be Hunter Douglas shutters, (MOTO ROSS PARK) ment in the .County Admin- allowed to parti ipate in the new metal roof, brick paver 18 Acre otocross Park. only ,e, istration Buildin IB01 27th bid process. 1 mile from 1-95. Zoned Wheel eCreatlOH driveway, hurricane shut - Street, Vero Beac FL. CI OF FORT PIERCE tern, newly painted inside/ industrla i Great develop ages City of For Pierce encour- out. $335,000 Call/Text: ment opp munity! Anyone who may wish -to ages Minority omen Owned out. $33522 ID ll/Tex 2 tropicaltrail realty@gmail. appeal any decision which FORT PIERCE, FLORIDA Business Ent prise participa- com may be made at this meeting tion. 561.389.7027 will need to ensure that a ver- CALL R 81D5 N0.20i8-0 , _',;:,;- _ :,:.: .. _.- batim record of the proceed- CITY OF FO PIERCE - in gs is made, which includes Sealed bids will be receiv d �RealrFstatei,: Commercial. El.ease testimony and evidence upon by the ity of Fort Pierce, Fo t Gelencia iter, R211taI5 :, ,;: _' • VERO BEACH - -4-7 to 1400 sf which the appeal is based. Pierce Florida, in the Purcha - Purchasi Manager-. - 1- - . _. • .. Storefront offs s w/work Ing Division, untl: Pub: 4/2 and 5/3/18 ;'Apat'fi2flt5.-=Furni1.shed area. $467&up. 2-569-6200 Anyone who. needs a_special TCN 199 196 accommodation for this meet- �:-OA1MhT,'-2_0ftAY' :_ = ing may contact the Count 's CI OF VERO BEACH N. HUTCHINSON ISLAND.yBID 0.140-18/CSS CS -15 Beautiful 1/1 deck, Wi-Fi, ® QQ At eCoordinatortati567-118000, for fu nishing: 50 IUM CHLORITE E.P.A. w/d, steps to beach. $379 Transportation____________________ 118 R GISTERED SOLUTION wkly _ - Ext. 12t' (TDD # 772-770- Leas one Tamarind 5215) at least 48 hours. in HO SING REHABILITATION AN UAL SUPPLY CONTRACT No Lease. 2502 Tamarind Dc - _ advance of the meeting. PRO ECT -1011 PENNSYLVA- Call 772-321-5879 P,utoinobilesfdi 5a Place our Pub: May 3, 2018 NIA AVENUE BID OPENING DATE & LOCA- seahorsebeachbungalows.com_• -- ,7 TCN 2000261 TI N: Thursday, May 17, 2018 SEBASTIAN COTTAGES B FORD FIESTA 2013. H tch- in a cordance with detailed @ 00 p:m. Y ad online at Sabo d of Indian River s edifications available u on T D Building / Purchasing water IBR/IBA, beautifully back 4 -dr 1 owner, p ed Cminty srh A an Cnprial-P_.i__ :_ _ ...- _ ? fflrp furnished from $349 wkly well below book. Mint coi�di- Treasure Coast Newspapers I TCPALm 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 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 # 435090 - INDIAN RIVER CO PUBLIC WORKS 2000261 PUBLIC HEARING The Board of County C Pub Dates May 3, 2018 Sworn to and subscribed before me this day of, May 03, 2018, by 1 '•"ill who is Natalie Zoll r (X) personally known to me or ( ) who has produced 1 w`e V W q 42tG Karol Kangas Notary Public as identification. 119 :;�:'>' •., KAROLEKANGAS �: Notary Public - State ofFlorlda Commhslon f GG 126041 ••" 6mdadthmughliarlbrolltMAAmn• as identification. 119 BOARD OF COUNTY COMMISSIONERS 180127th Street, Vero Beach, Florida 32960 Telephone: 772-567-8000 April 3, 2018 MAuuuu Subject: Local Option Gas Tax Distribution Formula for 2017/2018 Dear XXXXXXXXXXXX: FAX: 772-778-9391 The County has downloaded the total transportation expenditures for your city ($XXXXXXXXX) for the fiscal year 2016/2017 from the Local Highway Finance Report. To complete the tax distribution formula, we need to obtain the number of lane -miles of roads, as well as the number of bridges, under your jurisdiction. For your use, I have attached a copy of the Local Option Gas Tax Distribution Formula table for 2017, with the lane-mile/bridge information received from 2015/2016. 1 have highlighted your. agency totals in yellow. Please transmit the 2016/2017 lane -mile and bridge information to my attention at the Indian River County Public Works Department as soon as possible. Preferably you can email the information to: Iclark@ircgov.com. A new table, which shows the gas tax distribution percentages based upon the formula, to be effective FY 2018/2019, will be sent to you. The County expects to schedule a public hearing in May on this issue. Please contact me at (772) 226-1379, if you have any questions. Sincerely, Richard B. Szpyrka, P.E. Public Works Director RBS/Imc Attachment: 2017 LOGT Chart cc: Jason E. Brown, County Administrator P:\LOGT\LOGT 2017-2018\Sample letter to municipalities.docx 120 | Aiden Rico Gnl2student and representative gfSebastian Charter Junior High |8nlher8. to request that we expand our school zone for our school. A lot of people do not know it is a school, and get frustrated when traffic backs upduring drop off and pick uptimes. |Ofact it's pretty common for drivers t0speed past the line ofcars waiting topick uptheir students. This makes it incredibly dangerous for our students. It's also very dangerous for the drivers because they get very impatient and drive recklessly to get out of the school traffic. And we all know that reckless driving kills, | originally asked my resource officer, Officer Penn, why we didn't have @ more pronounced school zone and she believed that itwas because vve didn't have enough students. SCJH is a small school. We have only 260 students at our school. But every one of those students matters just aamuch aaany other student inthis county. For the safety Vfour students | request that the school zone beexpanded U]include Fleming and George Stwith a 20 mph speed limit during our drop off and pick up times. I also request that the school zone signs have flashing yellow lights to alert oncoming traffic to slow. down. 271 people in the community agree so strongly with our need for an expanded school zone that they have signed a petition which I submit to you today along with our request. Thank you very much for your time today. I hope you believe as strongly as I do that students at Sebastian charter junior high need these extra precautions tostay safe. Thank you. ----------- �_� . r We believe that Sebastian Charter Junior High should have school zone signs on George Street and Fleming Street including Wave Street for the safety of the students. 1. )R C- S b�-�' I 26. 2. 27. 3. 28. 4. 29. 5. 30. 6. 31. 7. 32. 8. 33. 9. 34. 10. 35. 11. 36. 12. 37. 13. 38. 14. 39. 15. 40. 16. 41. 17. 42. 18. 43. 19. 44. 20. 45. 21. 46. 22. 47. 23. 48. 24. 49. 25. 50. We believe that Sebastian Charter Junior High should have school zone signs on George Street nd Fleming Street including Wave Street for the safety of the students. 13. 48. 24. 49. 25. 50. I -k I x -Z5 r � r � MCC, )�� h n Ca lano We believe that scjh should ave school zone signs on george st and-fleming st including wave st'-. i �- „tik-�� 9 ann a - - � AV -1 VV n vl� kck �1� o j �C, �y �m '�eccovcj� JOCL-�e C n a s ��� Z -a f y6 h Le 0Vt OJA V1-5 �O�nn �)OA r �a 5 2� � 9 We believe that Sebastian Charter Junior High should have school zone signs on George Street and Fleming Street including Wave Street for the safety of the students. a PA WA ME IAM i pal • �� :� FAI Off �./ PI ' /, ft • 1w Z MRi F,M% __M MG FAMWA M --- Rim 7A 111-P M- ,ME NEW,!Am, a We believe that Sebastian Charter Junior High should have school zone signs on George Street and Fleming Street including Wave Street for the safety of the students. 8.4 9. 10. 11. 12. 13. 14( 15. 16. 17. 18. 19. 20. 21. a 25. 50. — 'x.120.7 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney /0c / PUBLIC NOTICE ITEMS: 5/15/18 Office of LEGISLATIVE INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: May 1, 2018 ATTORNEY RE: Public Notice of Public Hearing Scheduled for May 22, 2018 to Consider Amending Chapter 103 (Commissions and Boards) of the Code of Indian River County to Establish Higher Fine Limits for Certain Code Violations The Board of County Commissioners will hold a Public Hearing on Tuesday, May 22, 2018, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider amending Section 103.03 (Regulatory Commissions and Boards) and Section 103.06 (Code Enforcement Special Master) of Part I (In General) of Chapter 103 (Commissions and Boards) of the Code of Indian River County, Florida in order to establish higher fine limits for certain code violations; and providing for codification, severability, repeal of conflicting provisions, and an effective date. /nhm 121 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney /34 County Attorney's Matters - B. C.C. 5.15.18 OfCe of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 7, 2018 SUBJECT: Fifth Amendment to Interlocal Agreement with Palm Beach County Health Facilities Authority for Financing and Refinancing for Improvements and Additions of Facilities BACKGROUND In 1996, the Palm Beach County Health Facilities Authority (the "Authority") and Indian River County entered into an Interlocal Agreement, as amended in 1998, 2006, 2010 and 2016. The purpose of the Interlocal Agreement and the amendments were to facilitate the issuance by the Authority of revenue bonds to finance six health care facility locations (the "Facilities") owned by ACTS Retirement- Life Communities, Inc. (ACTS). Two of the facility locations, Indian River Estates East Campus, 2250 Indian Creek Blvd. West, Vero Beach and Indian River Estates West Campus, 7730 Indian Oaks Drive, Vero Beach, are in Indian River County. The Authority issued Retirement Community Revenue bonds in 1996, 1998, 2006, 2010 and 2016. ACTS has again requested the Authority to issue bonds. The 2018 Retirement Community Revenue Bonds, to be issued in an amount not to exceed $55,000,000, will be used for miscellaneous capital improvements and renovations and the acquisition of capital equipment, including but not limited to, renovations and upgrades to residential living units, health care facilities and common areas, the acquisition of new plant equipment and other facility enhancement, including specifically the renovation of assisted living units and the conversion of a vacated skilled nursing facility to assisted living units, and exterior enhancements to the Facilities in Indian River County. A portion of the bond proceeds may also be used to refund existing debt related to the Facilities. F 1Attor1e1AV-dniGENERALW CCVA9-dn A-1 41CT Bond FiJ1h A,1,—*, entd- 122 Board of County Commissioners May 7, 2018 Page Two The bonds are not obligations of the County and do not obligate the County in any way whatsoever. A Tax Equity and Fiscal Responsibility Act hearing under Section 147(f) of the Internal Revenue Code is scheduled to be conducted by the Authority on May 11, 2018. The Authority is requesting the County to approve the Fifth Amendment to the Interlocal Agreement Between the Palm Beach County Health Facilities Authority and Indian River County (the "Fifth Amendment") and accompanying resolution to allow for the additional bond financing. FUNDING There is a minimal amount of staff time associated with this request, which does not create a funding impact. RECOMMENDATION The County Attorney recommends that the Board approve the proposed Fifth Amendment and resolution and authorize the Chairman, of the Board to execute any and all documents necessary to effectuate the Fifth Amendment. ATTACHMENT(S). Resolution Fifth Amendment rA4a—O1j.,WGFAERALW CCUgc,d,A/-.A4CTB-d Nih.4nm N—td- 123 RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE ISSUANCE BY THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY OF ONE OR MORE SERIES OF ITS RETIREMENT COMMUNITIES REVENUE BONDS, SERIES 2018 (ACTS RETIREMENT -LIFE COMMUNITIES, INC. OBLIGATED GROUP) IN AN AMOUNT NOT TO EXCEED $55,000,000 FOR THE PURPOSE OF FINANCING THE 2018 PROJECT AS DESCRIBED HEREIN. WHEREAS, the Palm Beach County Health Facilities Authority (the "Authority") is considering the issuance of its Retirement Communities Revenue Bonds (ACTS Retirement -Life Communities, Inc. Obligated Group) in one or more series in an aggregate principal amount not to exceed $55,000,000 (the "Bonds"); WHEREAS, the Bonds are to be issued by the Authority for the purpose of financing a project (collectively referred to herein as the "2018 Project") consisting generally of (i) the current refunding, refinancing and/or restructuring of all or a portion of a revolving line of credit issued by Bank of America to the Borrower (collectively, the "Bonds to be Refunded"), (ii) financing or refinancing (including reimbursement) the costs of acquisition, construction, equipping and improvement of existing and additional facilities at the properties of ACTS Retirement -Life Communities, Inc., a Pennsylvania nonprofit corporation (the "Corporation"), including facilities located within Indian River County (the "County") as more particularly described in Exhibit A hereto (collectively, the "Capital Projects"), and (iii) the financing of some or all of the costs of issuance of the Bonds, reserve funds (if any), and capitalized interest (if any); WHEREAS, the Authority proposes to finance projects at one facility located in the County, which is comprised of Indian River Estates East Campus and Indian River Estates West Campus, pursuant to a Fifth Amendment to an Interlocal Agreement authorized by Section 163.01(4), Florida Statutes, in substantially the form attached as Exhibit B hereto, amending and supplementing that certain Interlocal Agreement executed on November 27, 1996 (as heretofore amended and supplemented), between the Authority and the County; WHEREAS, on May 11, 2018, the Authority conducted a public hearing jointly on behalf of the Board of County Commissioners of Indian River County, Florida and the Board of County Commissioners of Palm Beach County, Florida with respect to the issuance of the Bonds pursuant to the requirements of Section 147(f)(2)(A)(ii) of the Internal Revenue Code of 1986, as amended (the "Code"), notice of which was published in accordance with the provisions of the Code not later than 14 days prior to such hearing in newspapers of general circulation within the County and Palm Beach County, Florida; and WHEREAS, the Board of County Commissioners of Indian River County, Florida desires to evidence its approval of the issuance of said Bonds solely to satisfy the requirements of the Code. 24410769.1 124 RESOLUTION NO. 2018 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Board of County Commissioners of Indian River County hereby approves the issuance of the Bonds solely for purposes of Section 147(f) of the Code. 2. The entry into the Fifth Amendment to an Interlocal Agreement substantially in the form presented to this meeting and attached hereto as Exhibit B is hereby approved. This Resolution shall be effective immediately upon its adoption. 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: Commissioner Peter D. O'Bryan, Chairman Commissioner Bob Solari, Vice -Chairman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this day of 12018. INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Board of County Commissioners Date Approved: ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller By: Deputy Clerk APPROVED AS TO FO B� Dylan Reingold, Esq. County Attorney -2 125 24410769.1 EXHIBIT A CAPITAL PROJECTS DESCRIPTION The financing or refinancing (including reimbursement), the costs of acquisition, construction, equipping and improvement of existing and additional facilities at the properties of the Corporation as more particularly described below. (1) St. Andrews Estates Address: North Campus: 6152 North Verde Trail, Boca Raton, FL 33433-2430 South Campus: 6045 Verde Trail South, Boca Raton, FL 33433-4476 Description of Existing Facility: 448 independent living units, central facilities, 70 assisted living units and an 89 bed medical care facility Projects to be Financed: Miscellaneous capital improvements and renovations and the acquisition of capital equipment, including, but not limited to, renovations and upgrades to residential living units, health care facilities and common areas, the acquisition of new plant equipment, and other facility enhancements, including the caf6, life enrichment center and exterior enhancements such as the renovation or replacement of carports. (2) Edgewater Pointe Estates Address: 23315 Blue Water Circle, Boca Raton, FL 33433-7053 Description of Existing Facility: 327 independent living units, central facilities, 48 assisted living units and a 99 bed medical care facility. Projects to be Financed: Miscellaneous capital improvements and renovations and the acquisition of capital equipment, including, but not limited to, renovations and upgrades to residential living units, health care facilities and common areas, the acquisition of new plant equipment, and other facility enhancements, including specifically central facility and auditorium renovations and dining/caf6 enhancements and the addition of amenities in existing independent living building and exterior enhancements. (3) Indian River Estates Address: East Campus: 2250 Indian Creek Blvd West, Vero Beach, FL 32966-1395 24410769.1 126 (4) West Campus: 7730 Indian Oaks Drive, Vero Beach, FL 32966-5178 Description of Existing Facility: 569 independent living units, central facilities, 70 assisted living units and a 120 bed medical care facility. Projects to be Financed: Miscellaneous capital improvements and renovations and the acquisition of capital equipment, including, but not limited to, renovations and upgrades to residential living units, health care facilities and common areas, the acquisition of new plant equipment and other facility enhancement, including specifically the renovation of assisted living units and the conversion of a vacated skilled nursing facility to assisted living units, and exterior enhancements. Azela Trace Address: 10100 Hillview Drive, Pensacola, FL 32514-5759 Description of Existing Facility: 320 independent living units, central facilities, 50 assisted living units and a 82 bed medical care facility. Projects to be Financed: Miscellaneous capital improvements and renovations and the acquisition of capital equipment, including, but not limited to, renovations and upgrades to residential living units, health care facilities and common areas,, the acquisition of new plant equipment, and other facility enhancements, including specifically the renovation and expansion of assisted living, and skilled nursing facility and exterior enhancements including a welcome house and loop road. 4 127 24410769.1 III EXHIBIT "B FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY AND INDIAN RIVER COUNTY WHEREAS, the Palm Beach County Health Facilities Authority (the "Authority") is a public body corporate, organized and existing under and by virtue of Chapter 154, Part III, Florida Statutes, and is a properly constituted Health Facilities Authority and a "public agency" and a "local agency" under Chapter 159, Part II, Florida Statutes; and WHEREAS, Indian River County (the "County") is a political subdivision of the State of Florida and a "public agency" and a "local agency" under Chapter 159, Part II, Florida Statutes; and WHEREAS, the Authority and the County have heretofore entered into an Interlocal Agreement finally executed on November 27, 1996, as previously amended by (i) a First Amendment to the Interlocal Agreement executed by the County on November 24, 1998 and by the Authority on December 14, 1998, (ii) a Second Amendment to the Interlocal Agreement executed by the County and the Authority as of December 6, 2006, (iii) a Third Amendment to the Interlocal Agreement executed by the County on October 19, 2010, and by the Authority on November 3, 2010, and (iv) a Fourth Amendment to the Interlocal Agreement executed by the County on June 7, 2016, and by the Authority on June 3, 2016 (collectively, the "Interlocal Agreement"); and WHEREAS, the Authority is considering the additional financing, through the issuance of its revenue bonds (the "Bonds") pursuant to Chapter 159, Part Il, Florida Statutes, of a project consisting of the financing or refinancing of costs of improvements and additions to six (6) health care facility locations, three (3) locations in the jurisdiction of the Authority, two (2) locations in the jurisdiction of the County and one (1) location in Escambia County, Florida, and all of which are owned and operated by ACTS Retirement -Life Communities, Inc. ("ACTS"), a not-for-profit corporation determined to be tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and duly licensed by the Florida Department of Insurance pursuant to Chapter 651, Florida Statutes; and WHEREAS, it is deemed desirable by both the Authority and County that the Authority and the County enter into this Fifth Amendment to the Interlocal Agreement (this "Amendment") in order to assist ACTS by financing the said project constituting "health care facilities" under Section 159.27(16) of the Florida Statutes; and WHEREAS, the Authority and Escambia County will enter into a Interlocal Agreement for the property located in Escambia County; and WHEREAS, the Authority and ACTS have determined that the provision of funds by the Authority to ACTS will assist in the maintenance of the public health of the residents of the County and shall serve a public purpose by improving the health and living conditions and providing adequate medical care and health care facilities therein and will promote the most efficient and economical maintenance of health care facilities in a manner and pursuant to forms 24412273.2 128 of governmental organization that will accord best with the geographic, economic, and population characteristics which influence the health care needs of Palm Beach County of the State of Florida ("Palm Beach County") and the County and the inhabitants thereof; and WHEREAS, the Authority finds that ACTS will be financially responsible and fully capable and willing to fulfil its obligations including the obligation to make the debt service payments in the amounts and at the times required and the obligation to repair and maintain the health care facilities to be financed by the proceeds of the Bonds at its own expense; and WHEREAS, title to the health care facilities to be financed by the proceeds of the Bonds shall be in ACTS, and neither the Authority, the County nor the State of Florida or any political subdivision thereof shall in any way be obligated to pay the principal, premium, if any, or interest on the Bonds to be issued to finance the said project as the same shall become due, and the issuance of such Bonds shall not directly, indirectly, or contingently obligate the Authority, the County, the State of Florida, or any political subdivision thereof to levy or pledge any form of taxation whatsoever therefore or to make any appropriation from ad valorem taxation revenues or other revenues for their payment. NOW, THEREFORE, THIS FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT, BETWEEN THE AUTHORITY AND THE COUNTY, WITNESSETH AS FOLLOWS: SECTION ONE. At all times prior to and during the term of this agreement the Authority and County constitute "public agencies" as that term is defined in Section 163.01(3)(b), Florida Statutes, as amended, and both the Authority and the County have in common the power and authority to issue revenue bonds in order to provide financing for the acquisition, operation and maintenance of health care facilities, such power and authority as each might exercise separately. SECTION TWO. The Authority and County are entering into this Amendment in order to more effectively perform their service function related to the provision of adequate health care facilities and services pursuant to the powers granted under Section 163.01, Florida Statutes, as amended, and to permit the Authority to operate within the jurisdiction of the County for the purpose of financing the two health care facilities owned by ACTS within the County. SECTION THREE. This Amendment shall in no way be interpreted to authorize the delegation of the constitutional or statutory duties of the Authority, the County, the State of Florida, or any officers of any political subdivision thereof. SECTION FOUR. This Amendment and the Bonds shall not be deemed to constitute a debt, liability or obligation of or pledge of the faith and credit of the County, Palm Beach County, the Authority, the State of Florida, or any political subdivision thereof. The issuance of the Bonds shall not directly, indirectly, or contingently obligate the Authority, the County, Palm Beach County, the State of Florida, or any political subdivision thereof to levy or to pledge any form of taxation whatsoever therefore, or to make any appropriation for their payment. 244122732 129 SECTION FIVE. Title to the health care facilities financed by the Bonds in accordance with this Amendment shall be in ACTS, and neither the Authority nor the County shall have any title or interest therein. SECTION SIX. This Amendment shall be dated for convenience as of , 2018, and shall be effective as of its execution and delivery by the parties. 24412273.2 130 IN WITNESS WHEREOF, this Amendment has been executed by and on behalf of the County by its Chairman and the seal of said County affixed hereto and attested by the Clerk of the County, the Authority has caused this Amendment to be executed by its Chairperson, its seal affixed hereto, as attested by a designated member of said Authority. APPROVED AS TO FORM: in Dylan Reingold County Attorney ATTEST: INDIAN RIVER COUNTY, FLORIDA LON Peter D. O'Bryan Chairman Board of County Commissioners Date Approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY By: By: Designated Member Chair 244122732 131 STATE OF FLORIDA COUNTY OF INDIAN RIVER I, , a Notary Public in and for said County in said State, hereby certify that on , 2018, Peter D. O'Bryan, whose naive as the Chairman of the Board of County Commissioners of Indian River County, Florida is signed to the foregoing Fifth Amendment to the Interlocal Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of said Fifth Amendment .to the Interlocal Agreement, he/she, in his/her capacity as Chairman of the Board of County Commission of Indian River County, Florida, executed the same voluntarily. Notary Public, State of Florida My Commission Expires: 24412271.2 132 STATE OF FLORIDA COUNTY OF PALM BEACH I, , a Notary Public in and for said County in said State, hereby certify that on , 20.18, whose name as the Chairperson of the Palm Beach County Health Facilities Authority is signed to the foregoing Fifth Amendment to the Interlocal Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of said Fifth Amendment to the Interlocal Agreement, he/she, in his/her capacity as Chairperson of ,the Palm Beach County Health Facilities Authority; executed the same voluntarily. Notary Public, State of Florida My Commission Expires: 24412277.2 133 FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY AND INDIAN RIVER COUNTY WHEREAS, the Palm Beach County Health Facilities Authority (the "Authority") is a public body corporate, organized and existing under and by virtue of Chapter 154, Part III, Florida Statutes, and is a properly constituted Health Facilities Authority and a "public agency" and a "local agency" under Chapter 159, Part II, Florida Statutes; and WHEREAS, Indian River County (the "County") is a political subdivision of the State of Florida and a "public agency" and a "local agency" under Chapter 159, Part II, Florida Statutes; and WHEREAS, the Authority and the County have heretofore entered into an Interlocal Agreement finally executed on November 27, 1996, as previously amended by (i) a First Amendment to the Interlocal Agreement executed by the County on November 24, 1998 and by the Authority on December 14, 1998, (ii) a Second Amendment to the Interlocal Agreement executed by the County and the Authority as of December 6, 2006, (iii) a Third Amendment to the Interlocal Agreement executed by the County on October 19, 2010, and by the Authority on November 3, 2010, and (iv) a Fourth Amendment to the Interlocal Agreement executed by the County on June 7, 2016, and by the Authority on June 3, 2016 (collectively, the "Interlocal Agreement"); and WHEREAS, the Authority is considering the additional financing, through the issuance of its revenue bonds (the 'Bonds") pursuant to Chapter 159, Part II, Florida Statutes, of a project consisting of the financing or refinancing of costs of improvements and additions to six (6) health care facility locations, three (3) locations in the jurisdiction of the Authority, two (2) locations in the jurisdiction of the County and one (1) location in Escambia County, Florida, and all of which are owned and operated by ACTS Retirement -Life Communities, Inc. ("ACTS"), a not-for-profit corporation determined to be tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and duly licensed by the Florida Department of Insurance pursuant to Chapter 651, Florida Statutes; and WHEREAS, it is deemed desirable by both the Authority and County that the Authority and the County enter .into this Fifth Amendment to the Interlocal Agreement (this "Amendment") in order to assist ACTS by financing the said project constituting "health care facilities" under Section 159.27(16) of the Florida Statutes; and WHEREAS, the Authority and Escambia County will enter into a Interlocal Agreement for the property located in Escambia County; and WHEREAS, the Authority and ACTS have determined that the provision of funds by the Authority to ACTS will assist in the maintenance of the public health of the residents of the County and shall serve a public purpose by improving the health and living conditions and providing adequate medical care and health care facilities therein and will promote the most efficient and economical maintenance of health care facilities in a manner and pursuant to forms 244, 2273.2 134 of governmental organization that will accord best with the geographic, economic, and population characteristics which influence the health care needs of Palm Beach County of the State of Florida ("Palm Beach County") and the County and the inhabitants thereof, and WHEREAS, the Authority finds that ACTS will be financially responsible and fully capable and willing to fulfil its obligations including the obligation to make the debt service payments in the amounts and at the times required and the obligation to repair and maintain the health care facilities to be financed by the proceeds of the Bonds at its own expense; and WHEREAS, title to the health care facilities to be financed by the proceeds of the Bonds shall be in ACTS, and neither the Authority, the County nor the State of Florida or any political subdivision thereof shall in any way be obligated to pay the principal, premium, if any, or interest on the Bonds to be issued to finance the said project as the same shall become due, and the issuance of such Bonds shall not directly, indirectly, or contingently obligate the Authority, the County, the State of Florida, or any political subdivision thereof to levy or pledge any form of taxation whatsoever therefore or to make any appropriation from ad valorem taxation revenues or other revenues for their payment. NOW, THEREFORE, THIS FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT, BETWEEN THE AUTHORITY AND THE COUNTY, WITNESSETH AS FOLLOWS: SECTION ONE. At all times prior to and during the term of this agreement the Authority and County constitute "public agencies" as that term is defined in Section 163.01(3)(b), Florida Statutes, as amended, and both the Authority and the County have in common the power and authority to issue revenue bonds in order to provide financing for the acquisition, operation and maintenance of health care facilities, such power and authority as each might exercise separately. SECTION TWO. The Authority and County are entering into this Amendment in order to more effectively perform their service function related to the provision of adequate health care facilities and services pursuant to the powers granted under Section 163.01, Florida Statutes, as amended, and to permit the Authority to operate within the jurisdiction of the County for the purpose of financing the two health care facilities owned by ACTS within the County. SECTION THREE. This Amendment shall in no way be interpreted to authorize the delegation of the constitutional or statutory duties of the Authority, the County, the State of Florida, or any officers of any political subdivision thereof. SECTION FOUR. This Amendment and the Bonds shall not be deemed to constitute a debt, liability or obligation of or pledge of the faith and credit of the County, Palm Beach County, the Authority, the State of Florida, or any political subdivision thereof. The issuance of the Bonds shall not directly, indirectly, or contingently obligate the Authority, the County, Palm Beach County, the State of Florida, or any political subdivision thereof to levy or to pledge any form of taxation whatsoever therefore, or to make any appropriation for their payment. 24412273.2 135 SECTION FIVE. Title to the health care facilities financed by the Bonds in accordance with this Amendment shall be in ACTS, and neither the Authority nor the County shall have any title or interest therein. SECTION SIX. This Amendment shall be dated for convenience as of , 2018, and shall be effective as of its execution and delivery by the parties. 24412273.2 136 IN WITNESS WHEREOF, this Amendment has been executed by and on behalf of the County by its Chairman and the seal of said County affixed hereto and attested by the Clerk of the County, the Authority has caused this Amendment to be executed by its Chairperson, its seal affixed hereto, as attested by a designated member of said Authority. APPROVED AS TO FORM: By: --- ylan Reingold County Attorney ATTEST: INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan Chairman Board of County Commissioners Date Approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY By: By: Designated Member Chair 24412273.2 137 STATE OF FLORIDA COUNTY OF INDIAN RIVER I, , a Notary Public in and for said County in said State, hereby certify that on , 2018, Peter D. O'Bryan, whose name as the Chairman of the Board of County Commissioners of Indian River County, Florida is signed to the foregoing Fifth Amendment to the Interlocal Agreement and who is known to me, acknowledged before me on this day that, being informed .of the contents of said Fifth Amendment to the Interlocal Agreement, he/she, in his/her capacity as Chairman of the Board of County Commission of Indian River County, Florida, executed the same voluntarily. Notary Public, State of Florida My Commission Expires: 24412273.2 138 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I, a Notary Public in and for said County in said State, hereby certify that on 2018, , whose name as the Chairperson of the Palm Beach County Health Facilities Authority is signed to the foregoing Fifth Amendment to the Interlocal Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of said Fifth Amendment to the Interlocal Agreement, he/she, in his/her capacity as Chairperson of the Palm Beach County Health Facilities Authority, executed the same voluntarily. Notary Public, State of Florida My Commission Expires: 24412273.2 139 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney /33 Attorney's Matters - B. CC 5.15.18 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorn DATE: May 9, 2018 ATTORNEY SUBJECT: Permission to File an Injunction Against Dallas Yates, Jane Yates, and The Yates Group, LLC. BACKGROUND: Dallas Yates and Jane Yates are the listed owners for a multifamily zoned property located at 8835, 8845, 8883, 8885, 8887, and 8889 64"' Ave., Sebastian, Indian River County, Florida ("Subject Property"). There are four structures on the Subject Property and three of them are occupied. Between the four structures, there are five known septic tanks and they are all malfunctioning. Four are creating sanitary nuisances and one is creating a public safety nuisance because a tree is growing through it. Additionally, there is a washing machine on the underlying property that is discharging wastewater directly onto the open ground thereby creating a separate sanitary nuisance. Finally, there is a large pile of solid waste and vegetation on the underlying property that has created conditions for (1) rodent and roach harborage; (2) the breeding of flies, mosquitoes and other arthropods capable of transmitting diseases directly or indirectly to humans, and (3) the release of air pollutants, gases and noisome odors that can be harmful to human and animal life. The Health Department in Indian River County ("DOH") originally sent the Notice of Violation to the owners of the Subject Property. However, DOH has confirmed that both Dallas Yates and Jane Yates are deceased, and neither of their estates have been probated. According to their obituaries, they collectively had four children. On April 11, 2018, DOH hand delivered an Amended Notice of Violation to include The Yates Group, LLC. The Yates Group, LLC is allegedly the property manager of the Subject Property. The registered agent for The Yates Group, LLC, is Dallasteen Yates who is one of the daughters of the deceased owners. DOH has been in communication with Dallasteen Yates for several months concerning the Subject Property. She has indicated that it is too expensive to remedy the sanitary and safety nuisances on the Subject Property. Pursuant to Chapter 85-427, Florida Statutes, and the Amendment to Amended Rules of Conduct of Proceedings Before the Indian River County Environmental Control Hearing Board dated May 2W99, the Environmental Control Officer may enforce any violation of a county ordinance, all laws of the State of Florida, and all of the rules of state agencies, including the Department of Environmental Protection and the Department of Health by filing a civil action in the name of Indian River County. Due to the fact the owners of the Subject Property are deceased and there are several serious sanitary nuisances taking place that need to be addressed as soon as possible, the County Attorney's Office is seeking to file, suit in circuit court for injunctive relief in the name of Indian River County. FUNDING: Funding for any costs associated with a suit (approximately $500) would come from Account #00110214-033190, General Fund/County Attorney/Other Professional Services. RECOMMENDATION: The County Attorney's Office recommends that the Board of County Commissioners authorize County Attorney's Office to file suit in circuit court for injunctive relief asking the court to (1) direct The Yates Group, LLC, the Estate of Dallas Yates and/or the Estate of Jane Yates to abandon the existing septic tanks on the Subject Property; (2) enjoin the Subject Property from being occupied while there are exposed sanitary and safety nuisances related to open septic tanks; (3) enjoin the Subject Property from being occupied until new septic tanks and drainfields are installed by a certified septic contractor to service the existing structures; and (4) direct The Yates Group, LLC, the Estate of Dallas Yates and/or the Estate of Jane Yates to permanently remove the waste piles and vegetation from the Subject Property ATTACHMENT(S) A Copy of the Complaint for Injunctive Relief. 141 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY a political subdivision of the State of Florida Plaintiff, V. Case No: Judge: THE YATES GROUP, LI.C, DALLAS YATES and JANES YATES (or their estates thereof), Defendant. COMPLAINT FOR INJUNCTIVE RELIEF The Plaintiff, Indian River County (the "County"), by and through its undersigned attorney, and pursuant to Rule 1.610, Florida Rules of Civil Procedure, requests that this Court enter an order granting this Complaint for Injunctive Relief against the co-defendants, The Yates Group, LLC, Dallas Yates and Janes Yates, (or their estates thereof) concerning the property located at 8835. 8845, 8883, 8885, 8881, and 8880 64"' Ave., Sebastian, Iridian River County, Florida, and in support states as follows: .Jurisdiction and Venue This is an action for injunctive relief that is within the subject matter jurisdiction of this Court. 2. Venue is proper because the County's principal address is in Indian River County, Florida, and the Co -Defendants' residential address is in Indian River County, Florida. 142 Parties 3. The County is apolitical subdivision of the State of Florida, with the power to sue for injunctive relief to enforce its duly enacted regulations. 1963: 4. Jane and Dallas Yates are the listed owners of the following described property since Begin at the Northeast Corner of the Northwest 1/4 of the Southwest '/, of Section 29, Township 31 South, Range 39 East. for a point of beginning. "Thence run West 165 feet. Thence run South 528.8 feet. Thence run East 165 feet. Thence run North 528.4 feet to the point of beginning A copy of the deed to the property is attached to this complaint as "exhibit I", and incorporated by reference herein ("Subject Property") 5. The Yates Group, LLC, is the management company allegedly responsible for the Subject Property. Statement of the Facts 6. The Subject Property is zoned as a multifamily use and has four structures and at least five septic tanks. Please see "exhibit I" The southernmost structure is a church and is located at 8835 64`' Ave., ('`Structure A"). Adjacent to the north of Structure A is a single-family residence and its address is 8845 64''' Ave.; ("Structure B"). Adjacent to the north of Structure B is a duplex that has the following addresses: 8883 and 8885 64''' Ave., ("Structure C"). Adjacent to the north of Structure C is a second Duplex that has the following addresses: 8887 and 8889 64"' Ave., ("Structure D"). 143 7. The owners of the Subject Property, Dallas Yates and Jane, Yates, are both deceased and neither estate has been probated in Indian River County. Please see "exhibit') A" and "exhibit 3B.- 8, The deed for the Subject Property list both Dallas Yates and Jane Yates without any reference to survivorship. Please see "exhibit I." 9. The owners, collectively, had four children: Phyllis Rose Bryant Gilley, Raymond Lawrence Bryant, Sr., Dallasteen Joy Yates, and Jeffrey Arles Yates. Please see Exhibit 3a and 3b. 10. The Subject Property is currently being used as a rental property and is allegedly managed by The Yates Group, LLC. Please see "exhibit 8" and "exhibit 9." 11. Dallesteen Yates is the registered agent for The Yates Group, LLC. Please see "exhibit 4." Dallesteen Yates is also the daughter Dallas Yates and Jane Yates. Please see "exhibit 3A" and "exhibit 3B." 1?. On February 7, 2018, the Florida Health Department of Indian River County ("DOH") inspected the Subject Property after it received a complaint about a sanitary nuisance. During this inspection, DOH confirmed there are at least five altered and failing septic tank systems servicing four structures on the Subject Property. DOI-I also noticed several pipes discharging untreated human sewage directly onto the open ground and into a ditch in the rear of the Subject Property. Specifically: e Structure A: This structure's septic tank has been severely damaged beyond repair, and does not have a lid. A tree is growing through the septic tank and there is an opening that constitutes a safety hazard. Please see "exhibit 2, photo .1." This structure has several discharge pipes that are not connected to any sewage 144 treatment system, and are discharging sewage onto the open ground. Please see "exhibit 2, photo IA." • Structure B: "There are two tanks servicing this structure that are not watertight due to holes in the lids. Please see "exhibit 2, photo 2." This is allowing for sewage to be spilt onto the open ground. This structure has several discharge pipes that are not connected to any sewage treatment system, and are discharging sewage onto the open ground Please see "exhibit 2. photo 2." e Structure C: This structure's septic tank has been damaged beyond repair. The tank is not watertight due to large cracked in the lid. Please see "exhibit 2. photo 5." This structure has a single discharge pipe that passes the septic tank and discharges directly into a ditch in the rear of the property. Please see "exhibit'_. photo 4". "exhibit 2, photo 6" and `exhibit 2, photo 7." • Structure U: This structure's septic tank has a damaged lid that is not watertight, and the drainfield for this system's drainiield has failed, causing sewage to be discharged onto the open ground. Please see "exhibit 2, photo 8.- 13. It is a violation of Rule 64E-6.003 Florida Administrative Code (F. A.C.) to use an altered, modified, or damaged septic tank. 14. The exposure of untreated human waste is a violation of Sections 386.041(1)(a), Florida Statutes. 1 �. The improperly built or maintained septic tanks is a violation of Section 386.041(b). Florida Statutes. 4 145 16. The conditions on the Subject Property constitute the creation and maintenance of a condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases. directly or indirectly to humans in violation of Section 386.041(e), Florida Statutes. 17. DOH also observed a washing machine connected to Structure I) that discharges wastewater directly onto the open ground. Please see "exhibit 1. photo 8A." This discharge of wastewater constitutes sanitary nuisances that are a violation of Sections 386.041( ])(a), and (e) of F.S. 18. Additionally, there is a large pile of solid waste and unmaintained overgrown vegetation throughout the underlying property. Please see "exhibit 2, photo 9" and "exhibit 2, photo 10." This has (1) created conditions for rodent and roach harborage, (2) created, maintained or caused a condition capable of breeding flies, mosquitoes, or other arthropods capable oftransmitting diseases, directly or indirectly to humans, and (3) created a condition that is harmful to human and animal life, and can causes the release of air pollutants, gases, and noisome odors which are harmful to human and animal life. The referenced pile of solid waste and overgrown vegetation is a nuisance that can be injurious to the healthof humans and violate Sections 386.041(1)(a), and (e). and (f), Florida Statutes. 19. On February 8, 2018, DOH sent a Notice of Violation to the listed owners of the Subject Property via certified mail. DOH also placed a copy of the Notice of Violation at the primary residence ofthe owners located at 3810 451" Street, Vero Beach, FL 32967. Please see "exhibit 5." 20. Subsequently, DOH discovered that the owners were both deceased. 21. On February 14, the service of processor left a notice at the Subject Property and the Notice of Violation was returned to DOH. Please see .'exhibit 6-." 5 146 22. On February 15, 2018, DOH received a verbal confirmation from Ms. Dallasteen Yates that she received a copy of the Notice of Violation. Ms. Dallasteen Yates also confirmed that her parents are deceased and she manages the Subject Property through a property management company called Yates Group, LLC. Please see "exhibit 7." 23. On April 4, 2018, ICON requested and received a copy of case numbers 312018CC000454 and 312018CC000453. Please see "exhibit 8" and "exhibit 9." Both of these cases involve Structure C on the Subject Property. According to the answer :found in case number 312018CC000453, there is sewage backing up into the bathtub of the apartment. Please see "exhibit 8." 24. On April 11, 2018, DOH hand -delivered an amended Notice of Violation and a letter from the Assistant County Attorney fior Indian River County. Please see "exhibit 10", "exhibit l I" and "exhibit 12." This time the Yates Group, LLC, was included. herein. Count 1. Injunctive Relief 25. The County adopts and incorporates by reference paragraphs 1 through 24 tis set forth. 26. Where the government seeks an injunction in order to enforce its police power, any alternative legal remedy is ignored and it -reparable harm is presumed. Metropolitan Dade County v. O'Brien, 660 So. 2d 364, 365 (Fla. Yd DCA 1995). In doing so, any alternative legal remedy is ignored and irreparable harm is presumed. Id.; Rudtie v. Citv of Stuart, 65 So. 3d 645.647 (Fla. 4"' DCA 2011 ). 6 147 27. The issuance of a temporary injunction requires a showing of four elements: (l ) irreparable harm; (2) a clear legal right; (3) an inadequate remedy at law; and (4) the public interest will be served. Weinstein v. Aisenbera, 758 So.2d 705, 706 (Fla. 4"' DCA 2000; Rud e at 647. 28. In the alternative, the issuance of a permanent injunction requires a showing of three elements: (1) the act or conduct to be enjoined violates a clear legal right; (2) there is no adequate remedy at law; and (3) injunctive relief is necessary to prevent an irreparable injury. Ilollywood Towers Condominium Ass'n. Inc., v. Hampton, 40 So. 3d 784 (Fla. 4"' DCA 2010). 29. Pursuant to Chapter 85-427, Florida Statutes, and the Amendment to Amended Rules of Conduct of Proceedings Before the Indian River County Environmental Control Hearing Board dated May 27, 1999, the Environmental Control Officer may enforce any violation of a county ordinance, all laws of the State of Florida, and all of the rules of state agencies, including the Department of Environmental Protection and the Department of Health by filing a civil action in the name of Indian River County. 30. The Subject Property has a number of sanitary nuisances that could injure the tenants, visitors, or the general public. These violations clearly violate the law and the County has a clear legal right to an injunction to stop the above -referenced violations of the laws, rules and regulations of the State of Florida. 1. As of the date of filing this complaint, the Subject Property has not been brought into compliance with the laws of the State of Florida. Photos of the Subject Property and the corresponding dates are attached to the complaint as exhibit 2, and are incorporated by reference herein. 7 148 32. The use of an injunction is necessary to abate the ongoing sanitary nuisances because there is no adequate remedy of law. Both of the owners, Dallas Yates and Jane Yates, are deceased, and neither estate has been probated. Also, the registered agent for the Yates Group, LLC, has indicated that it is too expensive to fix the safety and sanitary nuisances on the Subject Property. 33. It would serve the interests of the public as well as prevent irreparable injury to the tenants, visitors, and/or general public if this Court entered an injunction to: (1) require the Yates Group, LI_C, to hire a certified septic tank contractor or licensed plumber to abandon all of the existing septic tanks on the Subject Property; (2) prohibit the Subject Property from being occupied while there continues to be a sanitary nuisance; (3) prohibit the Subject Property from being occupied until new septic tank systems are installed: and (4) require the Yates Group, LLC, or a subcontractor, to clean all of the waste piles and vegetation from the Subject Property. WHEREFORE, Plaintiff, INDIAN RIVER COUNTY, FLORIDA, respectfully requests that this Court: A. Enter a temporary or permanent injunction directing the Yates Group, LLC, the Estate of Dallas Yates and/or the Estate of Jane Yates to abandon the existing septic tanks on the Subject Property. B. Enter a temporary or permanent injunction to enjoin the Subject Property from being occupied while there are exposed sanitary and safety nuisances related to open septic tanks. C. Enter a temporary or permanent injunction to enjoin the Subject Property ftom being occupied until new septic tanks and draintields are installed by a certified septic contractor to service the existing structures. 8 149 D. Enter a temporary or permanent injunction directing the Yates Group, I. LC, the Estate of Dallas Yates and/or the Estate of .lane Yates to permanently remove the waste piles and vegetation from the Subject Property. E. Plaintiff also seeks all such other relief as the Court deems just and appropriate. Respectfully submitted this day of May, 2018. 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SMCK1.t:.TVRD, tx 1ling10 Rcr-axott, . t «•r r tm. w r.. t» 06, t» — b rb.,.+eMa," 4 oS •TH* ..r i .1.. Lhtly= . 4S� ••r .1 the wa %%ft.;tx'.:4n . 4x„nd -d Wf. ..$ -f Rtrr., t,.. at,.r.•..,i,l .h,. 14th d»• .d Novemb,ov A. 11 11=63. OFFICLAL R .1.ORU Notary Yut"VIc, Statin c; r, 1-'2os 1.da a t: Las sie-_ My Commk&*91,on -0 k�,6�E cp. 152 Dallas and Jane Yates, and Yates Group I.I.C. Multi -Family Residences — 8835 64th Avenue, Sebastian Florida -0 a< 1 tj ho�D l 153 r 00, r 31. ��1. ,�"�'��%tip ���.'��' ' - `_ ► •; � - ,' . c ,r/r�,� � • '\ iy�1"�" +.,.rte _`•. � " �., i>y�� ^/. ,t�r "; Yf�;z+.,L - - v.(�• �++hL/� i}.. -ws �����ku��� 'ter fir A 16 le, q r IV SW well. wirr� ';rN Dallas and Jane Yates, and Yates Group LLC. Multi -Family Residences — 8835 64th Avenue, Sebastian Florida An -NI �n -� • l ry�'i �'� � �.:, ,I��j�" J Y e i.• '�..f' .114. s �.. • •.TO ..�, `� ;tr ' .:�,: �,;�y �• .�. ,� ,� fit ,� � �f� ,>� IpIf � l,, r �� _•„fit •�`� ,f ��a �i Y. 4j b '4� ,r �1 �trt •'kms' :;'('� �,�, � ♦ ` {. .',' =� r�. ' s,��, '� '�` ,• �s e`: `+mac' Ra -„'.;s, i s1 .� y�rE f •"{ ,s ntJn �` -`1CA► 4 i �r,� • V4'A. •S. .%r •ti, '1� r ~ '` .�fi•_L .�� « t. f� ..l C• �Y�r'(��Y � f � fy yrl� ' ♦ ' { � . �' � r 7N. 2/6/18 4:05 6J+! Photo 5 Broken Septic Tank serving structure C(Duplex 1) 158 Dallas and Jane Yates, and Yates Group LLC. Multi-Family Residences — 8835 64I Avenue, Sebastian Florida r � =�yK'3': �'��C4�.�;1;t4lYfj7`^LCA Va s�}' � ";� • '''a � rr, .` A . 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Multi -Family Residences — 8835 64" Avenue, Sebastian Florida Ovil V, 2f5' Ok. Zt W1, 711$ I! Vk Ali y NP g 16 1 I" L .14, f IVk"g C47 Al 2/6/18 4:13pm Photo 7 Recently repaired, buried discharge pipe leading into the overgrown garbage area, from Structure C(Duplex 1). 160 �.� Vir - > . • ( � z+ .(' 1. �.r` �+�J� '''y'�7j[T.��1t��t • 4r j�,�ir' y" -�! � f '�,' �j� �,�'��'. � � `-;.� >v; :.� j�x�' kv�^��i�y�` 'f�:;i�'�p,� � w ' �ae,�yf''�►}�r •'� - yid a\ iii .•t �/• ♦. t Dallas and lane Yates, and Yates Group LLC. Multi -Family Residences — 8835 64th Avenue, Sebastian Florida +. r ,.fs� '.n+�-._• �.. ► J"_'ti3t'7C'" ::.�tl: y�� o .4..�.'tw�ti:;+C� �•t• . AO , *0 2%6/18 4:38pm ^� Photo 8A Washing Machine of Structure D{Duplex 2} 162 518/2018 Jane Yates Obituary - Tallahassee, FL I Tallahassee Democrat, RESOURCES Jane D. Yates & More Obituaries for Jane Yates Obituary ConaarAE211res A Looking for an obituary for a different Jane D. Yates VERO BEACH - Jane D. Yates, 77 a retired person with this teacher, died Thursday. Aug. 28, 2003. She is survived by her frame? husband, Dallas T. Yates. The service will be at 11 a.m. EDT Saturday at St. Peters Missionary Baptist Church in Gifford, with burial at Hillcrest Memorial Gorden. Family will receive friends from 6 to 8 p.m. EDT today at Stone Brothers Funeral Home in Gifford (772-461-1800). Other survivors include two sons, Raymond L. Bryant Sr. of Tallahassee and Jeffrey Yates of West Palm Beach; two daughters. Phyllis B. Gilley of Tallahassee and the Rev. Dollosteen Yates of Fort Lauderdale; a sister, Anne Borders of Titusville; a brother, Charles Davis of Baltimore, Md.: five grandchildren; and six great- grandchildren. Published in Tallahassee Democrat on Sept. 5.2003 REMEMBER Share memories or e=:xpress condolences below. THE GUEST BOOK IS EXPIRED 'To the Yates Family. /say 'be encouraged' for the Bible tells us that we should not be ignorant. that our loved one's that have passed on to be with the Lord are only sleeping and we will see them again. l.." -Reginald Watkins IENTRY zX 61-4 3 "1 Plaose restore the Guest Soak. t(, ,hclrc it thr, lifu Ntor/ for JANE D YATES rfSTC: 5/8/2018 Dallas Yates Obituary - Vero Beach, FL I Tallahassee Democrat sERvicEs C ms`s Dallas I Yates Stone Brothers Funeral Chapel - Vero Beach Obituary conciol noes 39 0 Old Dixie Hwy Vero Beach, -L 32960 Dallas T. Yates 562-3h [ "me i)Site Sept. 22,1919 - Dec. 30, 2015 Dallas T, Yates, 96, of Vero Beach, FL passed on Wednesday December 30, 2015 in Vero Beach, FL. For more info�•rnation about He was born on September 22,1919 in Washington County, FL ,+ DALLAS YATES and has been a resident of Indian River County for over sixty r years. RESOURCES Dallas was an entrepreneur, real estate and other businesses. More Obituaries for Dallas Yates He was a member of New Bethel A.M. E. Church, Vero Beach, 111 Looking for an obituary for a different FL. person with this name? Dallas and Jane together they raised and nurtured in the fear and love of the Lord their children Phyllis Rose Bryant Gilley (Willie) of Tallahassee. FL: Raymond Lawrence Bryant, Sr. (Bonnie) of Tallahassee, FL. Dollosteen Joy Yates of Vero Beach. FL, and Jeffrey Arles Yates of Clearwater, FL; sister. Thynorl Yates of Caryviile, FL; 5 grandchildren, and 12 great- grandchildren. Fond memories remain with a very special nephew, United States Congressrnon At Green, Houston, TX, who credits his Uncle Dallas with setting him "on the course that (he] is currently pursuing." He further leaves to cherish his memory, a host of other nieces, nephews, cousins, other relatives and friends. In 2003, Dallas was preceded in death by his loving and devoted wife of 47 years, Jane Eva Davis Yates, Harold Dwight Yates, 5 brothers and 3 sisters. MORE INFORMATION Visitation was held 5 to 7PM Friday, January 8, 2016 at Stone Brothers Funeral Chapel, Vero Beach, A funeral service will be held 11AM Saturday. January 9, 2016 at Saint Peters Missionary Baptist Church, 4250 38th Avenu- <'I11('esl I"V Hillcrest Memorial Gardens. `=,�.,, , r Published in Tallahassee Democrat an Jan. 9.2016 166 L v - 3.r https://www.iegacy.comlobituariesltailahassee/obituary.aspx?page=iifestory&Did=177214119 3/2/2018 Detail by Officer/Registered Agent Name o•�,v'�__,.�g Vit: rr�%7=•Iltt::litl-+SJ�t'rrs°IP/ti rS•?lilt!?" Department of State J Division of Coraorations / Search Records 1 i By Document Number / Detail by Officer/Registered Agent Name Florida Limited Liability Company THE YATES GROUP, L.L.C. Filing Information Document Number L09000067491 FEl/EIN Number 80-0871341 Date Filed 07/14/2009 State Status Last Event Event Date Filed Principal Address 3810 45TH STREET VERO BEACH, FL 32967 Mailing Address 3810 45TH STREET VERO BEACH, FL 32967 FL ACTIVE REINSTATEMENT 10/23/2013 Changed: 04/30/2012 Registered Agent Name &Address YATES, DALLASTEEN J 3810 45TH STREET VERO BEACH, FL 32967 Authorized Person(s) Detail Name & Address Title MGRM YATES, DALLASTEEN J 3810 45TH STREET VERO BEACH, FL 32967 Annual Reports Report Year Filed Date 2015 04/30/2015 2016 04/29/2016 2017 04/20/2017 DIVISION! Or CORPORATIONS 167 htto://search.sunbiz.oro/lncuiry/CoroorationSearch/Search Result DetaiPinauiivtvoe=OKcerRecisteredAcentName&dirertionTvna=1nitiaOR.tanrrhN z. ma t» Rick Scott Mission: Governor To protect, promote & improve the health r _ of all people in Florida through Integrated state, couniy&community efforts. V110 U LIU06 Celeste Philip, MD, MPH HEALTHSurgeon General and Secretary Vision: To be the Healthiest State in the Nation .FLORIDA DEPARTDIEN-T OF HEALTH IN INDIAN RIVER COUNTY February 8, 2018 Dallas and Jane Yates 3810 451' Street, Vero Beach, FL 32967 And Dallastine Yates 3810 45th Street, Vero Beach, FL 32967 Certified Mail # 7017 0660 0000 4833 4056 Dear Mr. Yates, This letter constitutes Formal Notice to Correct Violation of Chapter 85-427, Special Acts, Laws of Florida, the Indian River County Environmental Control Act, Indian River County Environmental Control Rule 1, Indian River County Ordinance No. 91-22, and the following laws and rules which are adopted by reference in the said Act, Rule, and Ordinance. This notice is given pursuant to the authority of the Indian River County Environmental Control Act, Chapter 85-427, Laws of Florida. BACKGROUND: The listed owners of this property (Dallas and Jane Yates) are deceased. Dallastine Yates is currently collecting rent from the tenants of this property. There are 4 structures on the subject property under the single legal address 8835 641h Avenue, Sebastian Florida 32967( Parcel ID: 3139290000050000047.0). The southernmost structure is a church,Structure A. Adjacent to the north of Structure A is a single-family residence, Structure B. Adjacent to the north of Stucture B is a duplex, Structure C. Adjacent to the north of Structure C is a second Duplex, Structure D. The following violations exist on the property you own located at the subject property, observed by representatives of this department on February 7, 2018: VIOLATION 1: There are structures on the subject property that are being serviced by septic tank systems that have been altered, modified, and damaged which is a violation of Section 64E-6.003 Florida Administrative Code (F.A.C.), which states, "No portion of an onsite sewage treatment and disposal system shall be installed, repaired, altered, modified, abandoned or replaced until a construction permit has been issued on Form DH 4016". There are septic tanks that are not watertight, that have partial lids, no lids, and structural damage that allows sewage to be discharged onto the open ground. These sanitary nuisances are a violation of Sections 386.041(1)(a),(b), and (e) of Florida Statutes (F.S.), and been observed at each of the following structures in the following ways; Florida Department of Health in Indian River County 1900 27 11Street, Vero Beach, FL 32960 OHONE: 772ir94-7400 WEBSITE: http:;Hndianriver.floddetealih.gov FloridaHealth.gov Accredited Health Department = Public Health Accreditation Board 168 Yates Page 2 Structure A: This structure's septic tank has been severely damaged beyond repair, and does not have a lid. Structure B: There are two tanks servicing this structure that are not watertight due to holes in the lids. This is allowing for sewage to be spilt onto the open ground. Structure C: This structure's septic tank has been damaged beyond repair. The tank is not watertight due to large cracked in the lid. Structure D: This structure's septic tank has a damaged lid that is not watertight, and the drainfield for this system's drainfield has failed, causing sewage to be discharged onto the open ground. CORRECTIVE ACTION: Immediately have all the above structure's septic tanks pumped in order to prevent the immediate spilling of sewage onto the open ground. The septic tank and drainfield for the above structures must be evaluated by a State Certified Septic Contractor to certify that the systems meet the standards set in Chapter 64E-6 F.A.C. If system does not meet standards due to failure, damage, or alteration of originally permitted system, a permit application for repair must be submitted to the Environmental Health Office at the Florida Department of Health in Indian River County within 7 days of receipt of this notice. Should the system not be sized appropriately, it must be repaired or replaced as necessary to meet Chapter 64E-6 F.A.C. standards. Permit and inspection from the Department of Health is required. Violation 2: There are several pipes that are discharging untreated human sewage directly onto the open ground and into a ditch in the rear of your property. This discharge of wastewater constitutes sanitary nuisances that are a violation of Sections 386.041(1)(a), and (e) of F.S., and have been observed at each of the following properties in the following ways; Structure A: This structure has several discharge pipes that are not connected to any sewage treatment system, and are discharging sewage onto the open ground. Structure B: This structure has several discharge pipes that are not connected to any sewage treatment system, and are discharging sewage onto the open ground. Structure C: This structure has a single discharge pipe that passes the septic tank and discharges directly into a ditch in the rear of the property. CORRECTIVE ACTION: Connect discharge pipes to a septic system that meets Chapter 64E-6 F.A.C. standards, or connect to internal plumbing, which is to be connected to a septic system within 14 days of receipt of this notice. Use sufficient amounts of Hydrated Lime, (calcium Hydroxide) to stabilize all exposed sewage spoils impacted areas upon the subject property. Violation 3: There is a washing machine connected to Structure D that discharges wastewater directly onto the open ground. This discharge of wastewater constitutes sanitary nuisances that are a violation of Sections 386.041(1)(a), and (e) of F.S. CORRECTIVE ACTION: Connect washing machine discharge to a septic system that meets Chapter 64E-6 F.A.C. standards, or remove the washing machine from the property within 14 days of receipt of this notice. VIOLATION 4: Solid waste piles and unmaintained overgrown vegetation throughout your property that have created conditions for rodent and roach harborage. These unsanitary conditions can introduce and perpetuate human disease organisms or vectors into the community. Additionally, the residential structures are unsecure, dilapidated, and structurally insufficient to prevent the propagation of vermin, and to prohibit entrance of vermin into the living space of the home. This harborage constitutes a sanitary nuisance conditions, violating Sections 386.041(1)(e) and (f) of F.S. 169 Yates Page 3 CORRECTIVE ACTION: Within 2 days of receipt of this letter, contract with a licensed pest control operator to inspect and control for the vermin on the property, which must include the residential structure. Within 10 business days of vermin control implementation, begin removal of all junk, trash and debris. Properly dispose of all waste, and provide a receipt of disposal as evidence of compliance. Within 30 days of receipt of this letter, all cleanup actions shall be completed and this department shall conduct a reinvestigation of the property. VIOLATION 5: Solid waste piles and unmaintained overgrown vegetation throughout your property that have created conditions for rodent and roach harborage. These unsanitary conditions can introduce and perpetuate human disease organisms or vectors into the community. The creation of a sanitary nuisance injurious to Public Health. Specifically, the creation, maintenance, or causing of any condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans. There are large areas that are coated with tall piles of bottles, buckets, boats, furniture and other debris that are breeding disease carrying mosquitoes, which constitutes a violation of sections 386.041(1)(e), and (f) F.S. CORRECTIVE ACTION: Within 2 days of receipt of this letter, you shall take all measures necessary to remove and abate all mosquito breeding areas upon the subject property. Within 10 business days of vermin control implementation, begin removal of all junk, trash and debris. Properly dispose of all waste, and provide a receipt of disposal as evidence of compliance. Within 30 days of receipt of this letter, all cleanup actions shall be completed and this department shall conduct a reinvestigation of the property VIOLATION 6: There are large areas of this property that are coated with tall piles of bottles, buckets, boats, furniture, food garbage. This garbage is harmful to human and animal life, and causes the release of air pollutants, gases, and noisome odors which are harmful to human and animal life. These solid waste piles violate Sections 386.041(1)(a), and (e), and (f) of F.S. CORRECTIVE ACTION: Within 10 business days of vermin control implementation, begin removal of all junk, trash and debris. Properly dispose of all waste, and provide a receipt of disposal as evidence of compliance. Within 30 days of receipt of this letter, all cleanup actions shall be completed and this department shall conduct a reinvestigation of the property Please be advised that other agencies with authority to conduct criminal and civil enforcement for violations of Sections 381.0065 and 386.041 F.S. and Indian River County Ordinances may upon notice, discovery or a request for assistance, take independent criminal and civil actions in accordance with these Ordinances, Rules or other State Laws. If you are unable to comply with any of the requirements of this letter, it is imperative that you immediately call Ian Moore of this office. No adjustment of the above requirements or extensions of the deadlines in this letter shall be valid unless made in writing. Any extensions or adjustments must be sought and obtained prior to the expiration of the stated deadlines. All receipts of work performed on the property in response to this notice shall be retained as evidence of attempting to achieve compliance and be provided to any party to case upon request. Additionally, unannounced coordinated reinvestigations of the property shall be performed at any time by this office, the Indian River County Code Enforcement, Indian River Mosquito Control District, and Indian River County Building Department, as well as .any other legally interested party to this investigation. 170 Yates Page 4 Failure to correct the above violations within the specified time may result in a summons to appear before the Indian River County Environmental Control Hearing Board or Circuit Court and could subject you to a fine of up to Five Hundred Dollars ($500) per day per violation. In addition, you are subject to fines of up to Five Hundred Dollars ($500) per day for each day you create a Public Health Threat, or conduct an Activity which Results in Environmental Damage, or conduct an Activity Without or in Violation of a Required Permit. Accordingly, a Notice of Non -Compliance, will be filed with the Indian River County Environmental Control Hearing Board seeking Civil Penalties in this matter. Respectfully, Ian Moore Environmental Specialist II Ian.Maore FL.Health.r�ov 772-794-7410 171 Florida Department of Health 1900 27°' Street UCCff Vero Beach, FL 32960.3383 HEALTH Indian River County V BIO? 1 ,X� AIdIIINII�I 7017 0660 0000 4833 40=6 Dallas and Jane Yates I Dallastine Yates t 3810 45t" St. Vero Beach, FL 32967 NIXIE U.S. POSTAGE>> PITNEY BOWES vwr.K+er rr,e®r ZIP 32960 $ 006.670 0001403825FEB 12 20t8 ta003; IIjis RETURN TO SENDER UNCLAIMED UNABLE TO r-ORWARD tM^s--.?5 �'�,'�"'n'3''r����{1>ltlfll���t;';rllllr�ttl;llllilllllrli{t�ll)IllllilyEilly�l�ill S_ r- Sent Dallastine Yates E3 sit.. 3810 45"" ,St 6V Vero Beach, Ft_ 32967 172 M U,S. Postal Service" O RECEIPT w -n 'Domestic Ln Mail Only m M certified Mail Fee m S- es epprcpnata) xtra erV,Cea $ ees 1-h pax, a © Ralum N.Celpt RtsrdCON)1,V09tritark,7- reit Q O0 R,t,m t16031pt (01W.00io Here C}Cenmeu Mail Rasuwmd De"v" -- "— C3 C3 [3 Adult Signature Flepu"d [j Ad." Sigrua— rl stnctod De1NMY C3 Postage 4 AS 2 0 Total Dallas and Jane Yate� S_ r- Sent Dallastine Yates E3 sit.. 3810 45"" ,St 6V Vero Beach, Ft_ 32967 172 M OCCUPANT: Name: Lakisha Anderson COMPLAINT DESCRIPTION: Sewage backing up into home and sewage on the ground. PROGRAM: 61 Onsite Sewage Treatment 8r Disposal COMPLAINT ISSUE: Sewage Phone: ext: Spakr G D %.lt4.oUne- ;II -1151, a A3 3-a a A i - *t' . or' a -IS 5ne- ad m,'--4td tz:> P44176 n4414 Qrteffr {he eloor' atarv,a d A/An Z k a -�t CoA nee "h ef, i FINDINGS $ ACTIONS TAKEN Florida Department of Health EHD Complaint #: 31-99-260380 1 Arrived at site. There are 4 structures on the Property. The southernmost structure is a Date: 2/2/2018 Time: 3:00 pm ----.�.---, in Indian River County Taken by: Julianne Price INVESTIGATION RECORD HEALTH Report Method: Other Report of it. There are several discharge pipes not connected to any septic tank. The nextIstructure Assigned to: MOOrelP LOCATION OF REPORTED PROBLEM: Facility Permit #: Complaint Log #: 18-013 Jane Yates Property ID: 31392900000500000047.0 NAME OF BUSINESS OR PERSON AT COMPLAINT LOCATION Directions: (Gate info. etc.) 8835 64th Avenue Sebastian FL 32958 STREET A OR LOCATION DESCRIPTION City State ZIP travels into a thick bush area and seems to discharge sewage into the Swale in the rea COMPLAINANT: Name: Florida Department of Health in Indian River County -EH (P Phone: (772) 794-7445 ext: Address: 1900 27th Street Vero Beach FL 32960 Street City State ZIP Email Address OWNER/AGENT INFORMATION: Name: Dallas, Jane Address: 8835 64th Avenue Vero Beach FL 32967 Phone: _(954) 529-1221 ext: street city State ZIP yard not connected to any septic system. The area behind both the duplexes has a OCCUPANT: Name: Lakisha Anderson COMPLAINT DESCRIPTION: Sewage backing up into home and sewage on the ground. PROGRAM: 61 Onsite Sewage Treatment 8r Disposal COMPLAINT ISSUE: Sewage Phone: ext: Spakr G D %.lt4.oUne- ;II -1151, a A3 3-a a A i - *t' . or' a -IS 5ne- ad m,'--4td tz:> P44176 n4414 Qrteffr {he eloor' atarv,a d A/An Z k a -�t CoA nee "h ef, i FINDINGS $ ACTIONS TAKEN Date Action (Key to Actions. R=Research: 1=Invest anon. P -Phot raphs. C=Correspondence; S=Samples: E=Enforcement F=Retercal, N-NoVcatron) B 2/5/2018 1 Arrived at site. There are 4 structures on the Property. The southernmost structure is a Meore church that has a broken septic tank with a lid that is ajar, and a tree that is growing ouCkkt of it. There are several discharge pipes not connected to any septic tank. The nextIstructure north is a house that has 2 septic tanks with a hole in the lid. There is a well 10 feet from these tanks. There is a discharge pipe not connected to any septic as well. Tnext structure north is a duplex with a broken septic tank, and a discharge pipe that travels into a thick bush area and seems to discharge sewage into the Swale in the rea { 20the property. There is a old pool that could breed mosquitos. The thick overgrown area filled with garbage. I am unable to climb through it to see where the pipe leads. The next structure north is a duplex with a broken septic tank, and a washing machine in the back yard not connected to any septic system. The area behind both the duplexes has a incredibly large area of garbage. It is almost like a landfill, or river of garbage. There are 4 boats, furniture, food garbage, glass, plastic, paper, old coolers, tires, and untold other items of garbage. This area appears to be at least a 140ft by 50ft pile area of garbage. The owners of this property are dead, and the landlord is the sister of the former owner, but everything is still under the deceased person's name. We will have to find the responsible party and send it to that individual. I was given a phone number for Dallastine, but she did not pick up. 2/6/2018 1 Visited site with county code enforcement, and made a map of the area in order to help MoorelP me write the NOV. 2/7/2018 1 Visited site with the building department. MoorelP 2/8/2018 E Sent NOV to Mailing address listed in property appraisers, and prepared to deliver a notice MoorelP in person to Dallastine Yates. 2/9/2018 C Was informed that the landlord does not work in town any more, and possibly moved to a MoorelP different county. Informant stated that she collects rent by ordering the tenants to place envelopes of rent money underneath a door somewhere in Gifford. 2/9/2018 C We were able to find the church where she works now, and will send a notice there. jMoorelP 1 2/12/2018 I Arrived at the site with mosquito control, and spoke to a tenant. This tenant had been MoorelP I 173 Florida Department of Health EHD Complaint #: 31-99-260380 Date: 2/2/2018 Time: 3:00 pm FFT iin Indian River County .� Taken by: Julianne Price HEALTH COMPLAINT INVESTIGATION RECORD Report Method: Other It also states that Dallastine is the landlord of the property. I asked the tenant if this is Assigned to: MoorelP LOCATION OF REPORTED PROBLEM: Facility Permit #: Complaint Log #: 18-013 Jane Yates Property ID: 31392900000500000047.0 NAME OF BUSINESS OR PERSON AT COMPLAINT LOCATION Directions: (Gate Into. etc.) 8835 64th Avenue Sebastian FL 32958 STREET # OR LOCATION DESCRIPTION City State ZIP y� COMPLAINANT: Name: Florida Department of Health in Indian River County -EH (P Phone: _ (772) 794-7445 ext: Address: 1900 27th Street Vero Beach FL 32960 Street City State ZIP Email Address OWNER/AGENT INFORMATION: Name: Dallas, Jane Address: 8835 64th Avenue Vero Beach FL 32967Phone, (954) 529-1221 ext: Street City State ZIP OCCUPANT: Name: Lakisha Anderson Phone: ext: COMPLAINT DESCRIPTION: 2/15/2018 Sewage backing up into home and sewage on the ground. Spoke to Dallastine Yates today. I informed her of the situation, and she asked several MoorelP PROGRAM: 61 Onsite Sewage Treatment & Disposal COMPLAINT ISSUE: Sewage FINDINGS & ACTIONS TAKEN Date Action (Key to Actions. R=Researcb; 1-lnvest ation: P- Photographs: C=Corraspendence: S> -Samples; E=Enforcement, F=Referral: N=Nollfication) L3 given an eviction notice which lists 3810 45th street as Dallastine Yates mailing address. It also states that Dallastine is the landlord of the property. I asked the tenant if this is where he puts the rent under the door, and he said yes: I will will place an NOV and a business card under this same door. 2/13/2018 C I called 3 phone numbers and left messages MoorelP 954-529-1221 772-567-3986 both of these numbers were on an eviction notice with her signature 561-924-7582-a church she works at in Pahokee Florida. 2/15/2018 C Spoke to Dallastine Yates today. I informed her of the situation, and she asked several MoorelP questions to clarify my statements, and I clarified. I told her to be on the lookout for the several letters I sent, and she said she would do her best to work towards the solution. She said she would call me when she receive_ s the letter, and chooses a contractor to do the work. 2/23/2018 1 No change on site. MoorelP 3/2/2018 1 Slight changes in plumbing, but the changes still discharge sewage onto the open ground. MoorelP 3/12/2018 1 No changes on site. MoorelP 3/16/2018 1 No changes on the site. Tenant -requested a copy of the NOV, and I said I would email it MoorelP to him if he emailed me. He agreed to do so. I 3/1.9/2018 1 No Changes on the site. Emailed the tenant the NOV. MoorelP 3/21/2018 1 Cheryl Dunn and I visited the site. Cheryl and I took pictures, but no observable changes MoorelP other than the slight disturbance of a tank lid for Structure C (Duplex 1 . 4,11/2018 C Cheryl Dunn, Kate Cortner, Thomas Allred of Indian River County code enforcement, and MoorelP myself called Dallasteen Yates today in the morning. Kate stated that if she picked up a notice today and a summary of the conversation in a letter form today, we wouldn't file the injunction yet. She agreed to come in, but said it would have to be within the hour because she was leaving soon. We agreed to write up everything right away and began the conversation. We explained to her, once again, all of the violations on the property. It 174 Street OCCUPANT: Name: Lakisha Anderson COMPLAINT DESCRIPTION: Sewage backing up into home and sewage on the ground. PROGRAM: 61 Onsite Sewage Treatment & Disposal COMPLAINT ISSUE: Sewage City State ZIP Phone: ext: FINDINGS & ACTIONS TAKEN Florida Department of Health EHD Complaint #: 31-99.260380 took a great deal of time to do this, despite the previous explanatory conversations Cheryl Date: 2/2/2018 Time: 3:00 pm �. - C' i in Indian River County Taken by: Julianne Price HEALTH COMPLAINT INVESTIGATION RECORD Report Method: Other conversation they previously had, and that he instructed her to get in contact with the Assigned to: MoorelP LOCATION OF REPORTED PROBLEM: Facility Permit #: Complaint Log M 18-013 Jane Yates frame that she agreed to, and she said she would pick up the documentation before 5, Property ID: 31392900000500000047.0 NAME Or BUSINESS OR PERSON AT COMPLAINT LOCATION because she had to cancel her previously plans to deal with this. r�" i Directions: info, 8835 64th Avenue Sebastian FL 32958 (Gate etc.)? i STREET k OR LOCATION DESCRIPTION City State ZIP i COMPLAINANT: Name: Florida Department of Health in Indian River County -EH (P Phone: (772) 794-7445 ext: Address: 1900 27th Street Vero Beach FL 32960 Street City State ZIP Email Address OWNER/AGENT INFORMATION: Name: Dallas, Jane Address: 8835 64th Avenue Vero Beach FL 32967 Phone: (954) 529-1221 ext: Street OCCUPANT: Name: Lakisha Anderson COMPLAINT DESCRIPTION: Sewage backing up into home and sewage on the ground. PROGRAM: 61 Onsite Sewage Treatment & Disposal COMPLAINT ISSUE: Sewage City State ZIP Phone: ext: FINDINGS & ACTIONS TAKEN Date ACtion IKey to Actions: R=Research: 1=Investigation; P=Photogra hs: C=Corns ndenee: 5=Sam les: E=Enforcement: P=Referral: WNotiflcation) B took a great deal of time to do this, despite the previous explanatory conversations Cheryl and Kate had with Dallasteen. She claimed that she thought the code enforcement board solutions would suffice for our requirements, and Thomas reminded her about the conversation they previously had, and that he instructed her to get in contact with the Department of Health. She agreed that he did remind her to that. We gave her a time frame that she agreed to, and she said she would pick up the documentation before 5, because she had to cancel her previously plans to deal with this. 4/11/2018 C Dallasteen called Kate Cortner, who then conferenced me in, to ask if she could pick up MoorelP the notice and letter tomorrow. I said the Cheryl really wanted it done today, and I would gladly meet her anywhere in the county to hand it to her in person. She said that she got her answer and would be in shortly, but might be there right at five. I warned her the doors automatically lock at five, I gave her my cell phone number, and asked her to call if she got locked out and i would meet her outside. I said I would be in this office waiting for her to arrive even if it's a bit after 5, and that I could still meet her anywhere in the county to deliver the letter. She said that wouldn't be necessary because she would be her to pick it up in time. I thanked her and we concluded the call. 4/11/2018 E Notice of Violation and the summary of the conversation letter were hand delivered today MoorelP at 4:40pm. I asked her if she had any questions about them, and she said no. i gave her my card and asked her to contact me with any questions and she agreed. First Date Investigated: 02/05/2018 Date Completed: Legal Notice: Yes Complainant Notified: Status: New / Pending / Abated / Invalid / Referred (Agency: ) / Other Completed Signature of invest.gator Date Reviewer's initials Photos Taken: DH 4043. June 2014 175 IN THE COUNTY COURT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO3 Q'U 2 3S The Yates Group, LLC JUDGE JOE WILD Plaintiff, VS. Christopher Thomas Defendant. COMPLAINT FOR EVICTION - HOLDOVER. TENANT Plaintiff, The Yates Group, LLC, sues Defendant, Christopher Thomas and alleges: I . This is an action to evict a tenant from real property in Indian River County, Florida. 2. Plaintiff owns the following described real property in said County: 8885 64th Ave., Apt. B, Wabasso, Florida, 32970. 3. Defendant has possession of the property under an oral agreement to pay rent of $450.00, (Four Hundred Fifty Dollars and Zero cents), payable monthly. 4. Defendant failed to pay the rent. due February 1, 2018. 5. Plaintiff served written notice on the Defendant on February 10, 2018, that Defendant's tenancy was terminated and that the Defendant was to vacate the above described property and deliver possession of said premises to the Plaintiff on or before March 1, 2018. 6. That Defendant holds over and continues in possession of said premises after the expiration of the notice without permission of Plaintiff. A true copy of the Notice to Vacate is attached hereto. WHEREFORE, Plaintiff demands judgment for possessio of the property against the Defendant, and removal of the Defendant. � The Yates Group, L!LV. llasteen 3. Yates (Landlord/Agent) 3810 451' Street jL/ Vero Beach, Florida 32 67 (772) 567-3986 (Office Tel.); (954) 529-1221 (Mobile Tel.) SWORN to and subscribed before me on the day of 2018. by who is personally known to me or has produced as identification Urea !.`lrlaW 7f �Q jt�3j`� By: �{ t file ',+r t ;t; ; 1:)f` or Deput� lert- Notary Public G11 6- 8Vi4016Z Notary Name Typed, Printed or Stamped Ic11HS't�i(i bmrimi �S xpires. 176 NOTICE TO VACATE Florida Statutes 83.57(3) INDIAN RIVER COUNTY, STATE OF FLORIDA Date: February 10, 2015 To: Christopher Thomas 8885 64th Ave., Apt. B Wabassa Florida 32970 AND ANY UNKNOWN OCCUPANT(S) You are hereby notified that your tenancy and use of the premises described as: 8885 64th Ave., Apt. B Wabasso, Indian River County, Florida, 32970, now occupied by you, will end March 1, 2018 and you must vacate the premises by March 1 2018.pursuant to Section 83.57(3) Florida Statutes. Pursuant to Florida Statutes Section 83.58, if you fail to return your keys, vacate the subject premises, or remove all of your possessions by March 1, 2018, the landlord is entitled to sue you for double rent, possession, costs.and attorney's fees. Be advised that you are also liable for any damage that you commit to the subject premises. Dated thisn01"day of Febr-uarv, 2018 Signature (Landlo7:V J 3810 45th Streeti Vero Beach, FL 3.2967 Tel: (954) 529-1.221; (772) 567-3986 CERTIFICATE OF SERVICE I hereby, certify that a true and correct copy of the above notice was: [ delivered to tenant by hand ( ] posted on the premises described above in the tenant's absence [ ] furnished to the tenant by U.S. Mail On Fed lutea,/ / By: Signature: Dallasteen J. Yates (Typed/Printed Name) (Printed Name) 177 ca > 'SQ50,-�Sle WvaCLO-S �btt)kA CAn-Ot" rJ tcy, k- - w cvy C) V)C46� cuss 4L Uj t C� 178 blA OV� 6LI -'NocN CIA WEN O -Z ofoc; P -11s, IJO ro N IN THE COUNTY COURT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.3�I n � o,�() The Yates Group, LLC JUDGE DAVID MORGAN Plaintiff, VS. James Thomas, Jr. Defendant. COMPLAINT FOR EVICTION - HOLDOVER TENANT Plaintiff, The Yates Group, LLC, sues Defendant, James Thomas, Jr. and alleges: I. This is an action to evict a tenant from real property in Indian River County, Florida. 2. Plaintiff owns the following described real property in said County: 8885 64th Ave., Apt. A, Wabasso, Florida, 32970. 3. Defendant has possession of the property under an oral agreement to pay rent of $450.00, (Four Hundred Fifty Dollars and Zero cents), payable monthly. 4. Defendant failed to pay the rent due February 1, 2018. 5. Plaintiff served written notice on the Defendant on February 10, 2018, that Defendant's tenancy was terminated and that the Defendant was to vacate the above described property and deliver possession of said premises to the PIaintiff on or before March 1, 2018. 6. That Defendant holds over and continues in possession of said premises alter the expiration of the notice without permission of Plaintiff. A true copy of the Notice to Vacate is attached hereto. WHEREFORE, Plaintiff demands judgment for possessi p of the property ainst the Defendant, and removal of the Defendant. 7 The Yates Group, LLC ITh V6ccn J. Yates (Landlord/Agent) 3810 45'1 Street Vero Beach, Florida 3 67 (772) 567-3986 (Office Tel.); (954) 529-1221 (Mobile Tel.) SWORN to and subscribed before me on the day of , 2018. by who is personally known to me or has produced as identification ., -1. '" rr ,l By: ; : �.:; or Deput��%d Notary Public GG ``GG 6- ��;�QIQl Notary Name Typed, Printed or Stamped {1I, Comm*s ni expires: 180 NOTICE TO VACATE Florida Statutes 83.57(3) INDIAN RIVER COUNTY, STATE OF FLORIDA Date: February 10, 2018 To: James Thomas Jr. 8885 64th Ave., Apt. A Wabasso Florida 32970 AND ANY UNKNOWN OCCUPANT(S) You are hereby notified that your tenancy and use of the premises described as: 8885 64th Ave., Apt, A Wabasso, Indian River County, Florida, 32970 now occupied by you, will end March 1, 2018 and you must vacate the premises by March 1, 2018, pursuant to Section 8357(3) Florida Statutes. Pursuant to Florida Statutes Section 83.58, if you fail to return your keys, vacate the subject premises, or remove all of your possessions by March 1, 2018, the landlord is entitled to sue you for double rent, possession, costs and attorney's fees. Be advised that you are also liable for any damage that you commit to the subject premises. Dated this 1Wh_da<cf 5e- bruarv, 2018 / "---- Dallasteen J. Yates ignature (La`ndlo gent) (Typed/Printed Name) 3810 45th Stre Vero Beac , L 967 Tel: (954) 529- 221; (772) 567-3986 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above notice was: [ I delivered to tenant by hand [ VKposted on the premises described above in the tenant's absence [ I furnished to the tenanttiy U.S. Mail On t } Y" L .20 By: Signature: f /L? 5 (Printed Name) 181 Mission: Rick Scott To protect, promote &improve the health Governor of all people in Florida through integrated Celeste Philip, MD, MPH slate, county &community efforts. HEALTH Surgeon General and Secretary Vision: To be the Healthiest State in the Nation FLORIDA DEPARTMENT OF HEALTH IN INDIAN .RIVER COUNTY April 11 th, 2018 Dallas and Jane Yates 3810 45t' Street, Vero Beach, FL 32967 And The Yates Group L.L.C. Attention: Registered Agent Dallasteen J. Yates 3810 45th Street, Vero Beach, FL 32967 Dear Mr. and Mrs. Yates, and The Yates Group L.L.C., This letter constitutes an Amended Formai Notice to Correct Violation of Chapter 85-427, Special Acts, Laws of Florida, the Indian River County Environmental Control Act, Indian River County Environmental Control Rule 1, Indian River County Ordinance No. 91-22, and the following laws and rules which are adopted by reference in the said Act, Rule, and Ordinance. This notice is given pursuant to the authority of the Indian River County Environmental Control Act, Chapter 85-427, Laws of Florida BACKGROUND: The listed owners of this property (Dallas and Jane Yates) are deceased. Dallasteen Yates is currently collecting rent from the tenants of this property. There are 4 structures on the subject property under the single legal address 8835 64th Avenue, Sebastian Florida 32967( Parcel ID: 3139290000050000047.0). The southernmost structure is a church, Structure A. Adjacent to the north of Structure A is a single-family residence, Structure B. Adjacent to the north of Structure B is a .duplex, Structure C. Adjacent to the north of Structure C is a second Duplex, Structure D. The following violations exist on the property you own located at the subject property, observed by representatives of this department on February 7, 2018: VIOLATION 1: There are structures on the subject property that are being serviced by septic tank systems that have been altered, modified, and damaged which is a violation of Section 64E-6.003 Florida Administrative Code (F.A.C.), which states, "No portion of an onsite sewage treatment and disposal system shall be installed, repaired, altered, modified, abandoned or replaced until a construction permit has been issued on Form DH 4016". There are septic tanks that are not watertight, that have partial lids, no lids, and structural damage that allows sewage to be discharged onto the open ground. These sanitary nuisances are a violation of Sections 386.041(1)(a),(b), and (e) of Florida Statutes (F.S.), and been observed at each of the following structures in the following ways; Florida Department of Health in Indian River County 1900 271 Street, Vero Beach, FL 32960 td Health Department PHONE: 772!794-7400 'th Accreditation %Td WEBSITE: hftp:llindian6ver.floddahealth.gov ,r FloridaHealth.gov Yates Page 2 Structure A: This structure's septic tank has been severely damaged beyond repair, and does not have a lid. Structure B: There are two tanks servicing this structure that are not watertight due to holes in the lids. This is allowing for sewage to be spilt onto the open ground. Structure C: This structure's septic tank has been damaged beyond repair. The tank is not watertight due to large cracked in the lid. Structure D: This structure's septic tank has a damaged lid that is not watertight, and the drainfield for this system's drainfield has failed, causing sewage to be discharged onto the open ground. CORRECTIVE ACTION: Immediately have all the above structure's septic tanks pumped in order to prevent the immediate spilling of sewage onto the open ground. The septic tank and drainfield for the above structures must be evaluated by a State Certified Septic Contractor to certify that the systems meet the standards set in Chapter 64E-6 F.A.C. If system does not meet standards due to failure, damage, or alteration of originally permitted system, a permit application for repair must be submitted to the Environmental Health Office at the Florida Department of Health in Indian River County. Should the system not be sized appropriately, it must be repaired or replaced as necessary to meet Chapter 64E-6 F.A.C. standards. Permit and inspection from the Department of Health is required. All the systems must be repaired and inspected by Ian Moore of this office on or before April 201h, 2018. If all systems cannot be repaired at this time, structures may be vacated, and septic tanks serving those structures may be abandoned by State Certified Septic Contractor with a permit from the Health Department. Vacated structures may be reoccupied upon the installation of a new septic system that is permitted by this office. Violation 2: There are several pipes that are discharging untreated human sewage directly onto the open ground and into a ditch in the rear of your property. This discharge of wastewater constitutes sanitary nuisances that are a violation of Sections 386.041(1)(a), and (e) of F.S., and have been observed at each of the following properties in the following ways; Structure A: This structure has several discharge pipes that are not connected to any sewage treatment system, and are discharging sewage onto the open ground. Structure B: This structure has several discharge pipes that are not connected to any sewage treatment system, and are discharging sewage onto the open ground. Structure C: This structure has a single discharge pipe that passes the septic tank and discharges directly into a ditch in the rear of the property. CORRECTIVE ACTION: Connect discharge pipes to a septic system that meets Chapter 64E-6 F.A.C. standards, or connect to internal plumbing, which is to be connected to a septic system and inspected by Ian Moore of this office on or before April 201, 2018. Use sufficient amounts of Hydrated Lime, (calcium Hydroxide) to stabilize all exposed sewage spoils impacted areas upon the subject property. Violation 3: There is a washing machine connected to Structure D that discharges wastewater directly onto the open ground. This discharge of wastewater constitutes sanitary nuisances that are a violation of Sections 386.041(1)(a), and (e) of F.S. CORRECTIVE ACTION: Connect washing machine discharge to a septic system that meets Chapter 64E-6 F.A.C. standards, or remove the washing machine from the property, have the work inspected by Ian Moore of this office on or before April 20th, 2018. Yates 183 Page 3 VIOLATION 4: Solid waste piles and unmaintained overgrown vegetation throughout your property that have created conditions for rodent and roach harborage. These unsanitary conditions can introduce and perpetuate human disease organisms or vectors into the community. Additionally, the residential structures are unsecure, dilapidated, and structurally insufficient to prevent the propagation of vermin, and to prohibit entrance of vermin into the living space of the home. This harborage constitutes a sanitary nuisance conditions, violating Sections 386.041(1)(e) and (f) of F.S. CORRECTIVE ACTION: Contract with a licensed pest control operator to inspect and control for the vermin on the property, which must include the residential structure. Within 10 business days of vermin control implementation, begin removal of all junk, trash and debris. Properly dispose of all waste, and provide a receipt of disposal as evidence of compliance. On or before May 18th, 2018, all cleanup actions shall be completed and Ian Moore of this department shall conduct a reinvestigation of the property. VIOLATION 6: Solid waste piles and unmaintained overgrown vegetation throughout your property that have created conditions for rodent and roach harborage. These unsanitary conditions can introduce and perpetuate human disease organisms or vectors into the community. The creation of a sanitary nuisance injurious to Public Health. Specifically, the creation, maintenance, or causing of any condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans. There are large areas that are coated with tall piles of bottles, buckets, boats, furniture and other debris that are breeding disease carrying mosquitoes, which constitutes a violation of Sections 386.041(1)(e), and (f) F.S. CORRECTIVE ACTION: You shall take all measures necessary to remove and abate all mosquito breeding areas upon the subject property. Within 10 business days of vermin control implementation, begin removal of all junk, trash and debris. Properly dispose of all waste, and provide a receipt of disposal as evidence of compliance. On or before May 181, 2018, all cleanup actions shall be completed and Ian Moore of this department shall conduct a reinvestigation of the property VIOLATION 6: There are large areas of this property that are coated with tall piles of bottles, buckets, boats, furniture, food garbage. This garbage is harmful to human and animal life, and causes the release of air pollutants, gases, and noisome odors which are harmful to human and animal life. These solid waste piles violate Sections 386.041(1)(a), and (e), and (f) of F.S. CORRECTIVE ACTION: Within 10 business days of vermin control implementation, begin removal of all junk, trash and debris. Properly dispose of all waste, and provide a receipt of disposal as evidence of compliance. On or before April 20th, 2018, all cleanup actions shall be completed and Ian Moore of this department shall conduct a reinvestigation of the property. Please be advised that other agencies with authority to conduct criminal and civil enforcement for violations of Sections 381.0066 and 386.041 F.S. and Indian River County Ordinances may upon notice, discovery or a request for assistance, take independent criminal and civil actions in accordance with these Ordinances, Rules or other State Laws. If you are unable to comply with any of the requirements of this letter, it is imperative that you immediately call Ian Moore of this office. No adjustment of the above requirements or extensions of the deadlines in this letter shall be valid unless made in writing. Any extensions or adjustments must be sought and obtained prior to the expiration of the stated deadlines. Yates 184 Page 4 All receipts and contracts related to work scheduled or performed on the property in response to this notice shall be retained as evidence of attempting to achieve compliance and be provided to Ian Moore of this office. Additionally, unannounced coordinated reinvestigations of the property shall be performed at any time by this office, the Indian River County Code Enforcement, Indian River Mosquito Control District, and Indian River County Building Department, as well as any other legally interested party to this investigation. Failure to correct the above violations within the specified time may result in a summons to appear before the Indian River County Environmental Control Hearing Board or Circuit Court and could subject you to a fine of up to Five Hundred Dollars ($500) per day per violation. In addition, you are subject to fines of up to Five Hundred Dollars ($500) per day for each day you create a Public Health Threat, or conduct an Activity which Results in Environmental Damage, or conduct an Activity Without or in Violation of a Required Permit. Accordingly, a Notice of Non -Compliance will be filed with the Indian River County Environmental Control Hearing Board seeking Civil Penalties in this matter. Respectfully, Ian Moore Environmental Specialist II Ian. Moorea,FLHealth.gov 772-794-7440 :1 BOARD OF COUNTY COMMISSIONERS OFFICE OF COUNTY ATTORIVEY Dylan Reingold, County Attorney William K. DeBraai, Deputy County Attorney Z Kate Pingolt Cotner, Assistant County Attorney April 11, 2018 The Yates Group, LLC Att: Dallasteen Yates, Registered Agent 3810 451h Street Vero Beach, FL 32967 RE: Property Parcel: 31-39-29-00000-5000-00047.0 Dear Ms. Yates, Thank you so much for returning my call this morning. Per our conversation, 1 am writing to you concerning the above -referenced property. As you know, there are several sanitary and public safety nuisances on the property. You were notified on February 8, 2018, of these nuisances via a Formal Notice of Violation. You were notified again on February 15, 2018, February 23, 2018, and March 2, 2018, when you had a conversation with Cheryl Dunn and myself about the nuisances. hollowing those conference calls, you had another call with Cheryl Dunn on March 9, 2018, prior to our scheduled time, where you stated you called a licensed septic contractor to get a quote to address the nuisances. My understanding from our conversation today is at this point in time is you have several quotes from contractors but is no plan to remedy the sanitary and public safety nuisances. In our conversation, you requested the Health Department in Indian River County (Health Department) give you time to comply with its Notice of Violation. Specifically, you asked for the same time that was given to you by the Code Enforcement Board of Indian River County. The Health Department has agreed to give you an extension. All of the nuisances need to be addressed in the following manner on or before April 20, 2018, to be in compliance with the laws of the State of Florida: (1) Structure A is the southernmost structure. It is currently vacant but has historically operated as a church. The septic tank has been severely damaged beyond repair because a tree is growing in it and it does not have a lid. This is a public safety nuisance. You need to hire a licensed septic contractor to abandon the tank. This is usually done by filling the tank with dirt. There are also several discharge pipes that are not connected to the sewage treatment system. These need to be addressed. �%„x A.� l 1 I P a E e 180127", Street, Vero Beach, Florida 32960-3365- (772) 226-1424- Fax (772) 569-4317 itcattorncy@ircgov.com 186 (2) Structure B- Hire a licensed septic tank contractor to replace the lid to the two septic tanks, and to pump out the two tanks every 3-4 days until you can abandon the tanks and replace them with neve systems. The discharge pipes also need to be removed. There is also another option. You can vacate the structure and abandon the septic tanks until such time that you are financially able to replace the septic systems. The new system(s) will need to be permitted by the health Department and installed by a licensed septic tank contractor before the structure can be reoccupied. (3) Structure C- Hire a licensed septic tank contractor to replace the lid to the septic tank, and to pump it out every 3-4 days until you can abandon the tank and replace it with a new system. The discharge pipes also need to be removed, and the area where sewage spilled onto the ground .needs to be treated with Hydrate Lime. There is also another option. You can vacate the structure and abandon the septic tank until such time that you are financially able to replace the septic system. The new system will need to be permitted by the Health Department and installed by a licensed septic tank contractor before the structure can be reoccupied. (4) Structure D- Hire a licensed septic tank contractor to pump out and abandon the septic tank since the structure will not be occupied. The area around the drainfield where sewage spilled onto the ground needs to be treated with Hydrate Lime. The washing machine and all corresponding pipes need to be removed from the underlying property. When you are financially able to replace the septic system, it will need to be permitted by the Health Department and installed by a licensed septic tank contractor. In addition to the sanitary nuisances with the five referenced septic tanks, there is a large pile of solid waste and unmaintained overgrown vegetation throughout the underlying property. This has (1) created conditions for rodent and roach harborage, (2) created, maintained or caused a condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans, and (3) created a condition that is harmful to human and animal life, and can causes the release of air pollutants, gases, and noisome odors which are harmful to human and animal life. These solid waste piles and overgrown vegetation violate Sections 386.041(1)(a), and (e), and (f), Florida Statutes (2017). To remedy this violation, you must remove all of the debris and unmaintained overgrown vegetation from the underling property on or before May 18, 2018 (which is consistent with the Indian River County Code Enforcement order for Case number 2018020108). Thank you in advance for your prompt attention to this matter. Please feel free to call me at (772) 226-1424 if you have any questions. Sincerely, Kate P. Cotner 3 i F'a 187 INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL HEARING BOARD VERO BEACH, FLORIDA FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY AND INDIAN RIVER COUNTY ENVIRONMENTAL CONTROL OFFICER Petitioners vs. DALLAS AND JANE YATES and THE YATES GROUP, L.L.C. Respondent(S). AFFIDAVIT/SERVICE OF PROCESS I hereby state under oath that I received a conversation summary letter written by the Assistant County Attorney Kate Cortner on April 11th, and a Notice of Violation to be served on Dallas and Jane Yates, and The Yates Group LLC, and that I served the same on Dallas and Jane Yates, and Dallasteen Yates, the Registered Agent for the Yates Group LLC, at 4:40 pm on the 11th Day of April, 2018 in Vero Beach, Indian River County Florida. ( X) By delivering to the above name individual a.copy of the Notice of Violation with the date and hour of service endorsed thereon by me. () By leaving a copy of the Notice of Violation with date and hour of service endorsed thereon by me at the above named individual's usual place of abode with some person then there residing fifteen (15) years of age or older. ( ) (For Sole Proprietor) By leaving a copy of the Notice of Violation with date and hour of service endorsed thereon by me at Respondent's place of business wit the person in charge of the business at the time after making two unsuccessful attempts to serve the Respondent at the place of business. Dallasteen Yates Name of Person Receiving Copy 190027 th St, Vero Beach, FL 32960 Address Where Copy Delivered and informing such person of the nature of the service. Health Representative Signature Title.- The itle: The foregoing instrument was acknowledge before me thislL=Jd i�, ay of 2018 2018 by T �n r✓tiwho personally known to me and who did/did of take an oath. k,�� 1 .2 188 f �ei,11I+1* JOELLE M. TINNEY _s Notary Public - State of Florida Nota~ P blic SWatur My Comm. Expires Jun 7. 2018 PrintN e: L 1 E'_ l i My Commission Expires: ' Commission # FF 110924 J:\ECHB\Forms\Affidavit—Service - BLANK - Process of NOTICE OF VIOLATION.doc 189 May 15, 2018 ITEM 14.A.1 INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 7, 2018 SUBJECT: Appointment to Advisory Group for St. Sebastian Preserve State Park FROM: Peter O'Bryan 7D Commissioner, District 4 Commissioners. A request came in from Florida Department of Environmental Protection for a representative of Indian River County's elected government to serve on the Management Plan Advisory Group for the St. Sebastian River Preserve State Park. Back-up included contains more details regarding the request. Thanks. 190 Peter D. O'Bryan From: Murray, Sine < Sine. Murray@ dep.state.fl.us > Sent: Friday, May 04, 2018 11:06 AM To: Peter D. O'Bryan Cc: tcournoyer@irc.gov Subject: Appointment to Advisory Group for St. Sebastian Preserve State Park Dear Chairman O'Bryan, The Florida Park Service is creating an advisory group to provide stakeholder input on the management plan for St. Sebastian River Preserve State Park. St. Sebastian River Preserve State Park is one of the largest conservation areas in the Indian River —South Brevard County region. The park provides quality outdoor resource-based recreation, protects important habitat for wildlife and critical water quality protection for the St. Sebastian River and Indian River Lagoon. We would you like to request a representative of Indian River County's elected government to serve on the Management Plan Advisory Group for the park. Appointment of a local elected official is referenced in Ch. 259.032, Florida Statutes. Local officials may also appoint a designee. The management plan advisory group is made up of elected officials, representatives of local governments, other land management agencies, local land owners, and local or regional conservation, recreation and business interests. We find a focus -group review of our plans to be very beneficial to both our long-term visioning process and short term planning for state parks. The advisory group for the St. Sebastian River Preserve State Park management plan will meet one time, for about 2 hours, on dune 71, 2018 at the St. Sebastian River Preserve Visitor Center located at 1000 Buffer Preserve Drive, Fellsmere, FL 32948. We will send the County's appointee a copy of the draft management plan and an appointment letter with additional information within the next two weeks. Staff of the Division of Recreation and Parks will answer questions and discuss the pian at the meeting and advisory group members will be able to share their comments. After the meeting, each member will receive a staff report summarizing the group's comments and the Division's staff recommendation on any proposed changes to the draft management plan. Comments by advisory group members may also be provided to me in writing. This is the extent of obligation for appointed advisory group members. If the you cannot attend nor delegate the appointment, or if the delegate cannot attend the meeting for any reason, we can certainly gather the County's input via phone, e-mail, or regular mail. The process is very flexible and adaptable to everyone's schedule. Please let us know if you can attend or provide me with the name and contact information of your selected designee. There will also be a general public meeting to discuss the draft management plan the evening before on lune 6th, 2018 at the North Indian River County Library, 1001 Sebastian Blvd. Sebastian, FL 3295. We would certainly like to encourage you or any other county officials interested in the management of the state park to attend. Thank you for your assistance. Please feel free to give me a call if I can provide any additional information. We look forward to working with Indian River County. Regards, Sine 191 192 Sine A. Murray Senior Planner p� SFai, Office of Park Planning Division of Recreation and Parks Florida Department of Environmental Protection Phone: 850.245.3061 Cell: 850.284.6551 sine.murray0floridadep.aov Visit The Real Florida at: htto://www.floridastateparks.org 192