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HomeMy WebLinkAbout12/11/2018�oRXV-t BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 11, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Bob Solari, Chairman, District 5 Jason E. Brown, County Administrator Susan Adams, Vice Chairman, District 1 Dylan Reingold, County Attorney Joseph E. Flescher, District 2 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Peter D. O'Bryan, District 4 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Dr. Randy Fullerton, Glendale Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring David W. Fleetwood on His Retirement From Indian River County Board of County Commissioners Department of General Services Parks Division with Nineteen Years of Service Attachments: Proclamation 5.13. Presentation of Proclamation Honoring County Judge Joe A. Wild Attachments: Proclamation 5.0 Presentation of "Why Tobacco Free Parks?" by Genevieve Presti with Students Working Against Tobacco club at Sebastian River Middle School. Attachments: SWAT Tobacco Free Environments December 11, 2018 Page 1 of 5 6. APPROVAL OF MINUTES 6.A. Regular Meeting of October 16, 2018 6.13. Regular Meeting of October 23, 2018 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 2019 Committee Assignments for Commissioners Attachments: 2019 Committee Assignments for Commissioners 7.11. Proclamation Honoring Roger Walker on His Retirement From Indian River County Board of County Commissioners Department of Public Works Road & Bridge Division with Fifteen Years of Service Attachments: Proclamation 8. CONSENT AGENDA 8.A. Checks and Electronic Payments November 19, 2018 to November 29, 2018 Attachments: Finance Department Staff Report 8.B. Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation Attachments: Staff Report 8.C. Dedication of Right -of -Way and Grant of Utility Easements to Florida Power & Light for Heritage Substation Project Attachments: Staff Report Aerial Photo of Area Proposed Special Warranty Deed Partial Release of Mortgage - FPL Proposed Utility Easement 8.D. Friends of the Morningside Dock, Inc. License Agreement Attachments: Staff Report License Agreement 8.E: Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Robert K. Scheefer & Linda J. Scheefer 6650 65th Street, Vero Beach, FL 32967 Attachments: Staff Report Purchase Agreement Temporary Construction Easement December 11, 2018 Page 2 of 5 8.F. Amendment No. 2 to Agreement for Professional Services with Bowman Consulting Group, Ltd. Attachments: Staff Report Amendment No. 2 with Bowman Consulting Group, Inc. Attachment "1" i 8:G. AK Associates Contract for 911 Call Taking Equipment Attachments: Staff Report Contract between IRC & AK Associates Text -to -911 Quote Geo Diverse Guardian Quote Sole Source Letter AK-Solacom 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Leonard Kaczynski Regarding FS Chapter 617 Corporations - Not for Profit Attachments: Request to Speak Form C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Two Public Hearings Scheduled for December 18, 2018 Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Follow-up on Request by Kim Gilbert to Waive Impact Fees for a Child Care Facility Located in the City of Vero Beach at 1728 and 1730 24th Street Attachments: Staff Report Oxford Academy Previous Use Memo - UPDATED TIMELINE 12-05-18 IRC Concurrency with a Site Plan City of Vero Concurrency with a Site Plan B. EmerEency Services C. General Services 1. Human Services December 11, 2018 Page 3 of 5 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 12.G.1. Request to Waive Bid Process for Caustic Soda Chemical Attachments: Staff Report 12.G.2. Barrier Island Reclaimed Water Main System Analysis Attachments: Staff Report Work Order No 3 and supporting documents 12.G.3. Blue Cypress Lake Informational Update Attachments: Staff Report Blue Cypress Lake - Water Quality Study Fact Sheet JEA Technical Memorandum Reports (TM1-4) Ordinance 2018-016 13. COUNTY ATTORNEY MATTERS D.A. Brightline Construction and Maintenance Cost Litigation Attachments: Staff Report Retainer Agreement - Murphy -Walker 14. A 13.B. Fiber Optic Agreements Attachments: Staff Report Substation License and Access Agreement Linear Facilities Pole Attachment Agreement Fiber License Agreement First Amendment to Revised and Restated Joint Fiber Optics Project Interlocal Agreement COMMISSIONERS MATTERS Commissioner Bob Solari, Chairman 14.A.1. Kim Gilbert Impact Fee Issue Attachments: Commissioner's Memorandum B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher December 11, 2018 Page 4 of 5 D. Commissioner Peter D. O'Bryan 14.D.1. Consideration of Smoke-free Ordinance Attachments: Commissioner's Memorandum E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically, exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the .Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the .proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.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 6:00p.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. December 11, 2018 Page 5 of 5 SQ PR0CLAM.� TION HONORING DAVID W. FLEETWOOD ON HIS RETIREMENT FROM INDIAN RI VER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES PARKS DIVISION WHEREAS, David W. Fleetwood has announced his retirement from the Parks Division and Indian River County Board of County Commissioners effective December 31, 2018; and WHEREAS, David W. Fleetwood, following his retirement from the United States Air Force, began his career with Indian River County on February 18, 2000 with Public Works as the County Projects Inspection Manager in Engineering. On January 4, 2002 he was promoted to Parks Division Assistant Superintendent and began his endeavor with the Parks Division. On June 8, 2007 he was acting Superintendent for the Parks Division: until he was once again promoted and became the official Superintendent on February 8, 2008 where he has served in this capacity until his retirement; and WHEREAS, David W. Fleetwood has served Indian River County and our patrons with distinction and se 7essness. During his nineteen years of service he has upheld his duties to the highest regard and his dedication was highly commendable. His "can do" attitude inspired the Parks Division to routinely go above and beyond the can of duty. His work was greatly appreciated by his employer, citizens and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds the tremendous efforts of David W. Fleetwood on behalf of the County, and the Board wishes to express their appreciation for this dedication and the exemplary service he has given to Indian River County for the last nineteen years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! f Adopted this III* day of December 2018. BOARD OF COUNTY COMMISSIONERS c INDL4IV RIVER COUNTY, FLORIDA Q LQjZjQ� Bob Solari, Chairman R1 PROCLAMATION HONORING JUDGE JOE A. WILD WHEREAS, Judge Joe A. Wild served as County Judge from 1989-2018; and WHEREAS, Judge Wild was first elected in 1988 and has presided over courtrooms for 30 years. Prior to his election, he served as Assistant State. Attorney in Tallahassee for 2 years and Vero Beach for 7 years; and WHEREAS, Judge Wild graduated Vero Beach High School in 1974, Catawba College in 1978, and Florida State University Law School in 1980. He has been married to Glenda Brackett Wild for 36 years and they have 5 children; and WHEREAS, Judge Wild has served the community in many ways: as a high school sports official, as Chairman of Character. Counts! Coalition of Indian River County, and as Elder with the Vero Beach Church of Christ. Additionally he has served as President of the Board of the Education Foundation and as a board member at both Harding University in Searcy, Arkansas as well as at Mt. Dora Children's Home in Mt. Dora, Florida. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board expresses its deep appreciation for the services Judge Wild has provided to better our community, and wishes him continued success in his future endeavors. Adopted this 11th day of December 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Tim Zorc Peter D. O'Bryan 2 • —LJJ ss m. F M • m MAV n •l •Y 104040 0 K;C 3�. W 2141 oral die Oil date rpr�m- 10" `` • �. J( .tib: .: ✓�^ *� ..r. �-. � ..��i��� Itill • • u It's not water vapor WHAT IS ISN E-GIGARETTE AEROSOL? THE E -CIGARETTE AEROSOL THAT USERS BREATHE FROM THE DEVICE AND EXHALE CAN CONTAIN HARMFUL AND POTENTIALLY HARMFUL SUBSTANCES: It is difficult for consumers to know what e -cigarette products contain. For example, some e -cigarettes marketed as containing zero percent nicotine have been found to contain nicotine. u TLNX riWORKNO AG -WIT MSACCO i Animals Animals see cigarettes as a source of food. Even a few cigarette butts in a water ecosystem can negatively affect wildlife. Alh a Af- � I -Tobacco Makes Toxic Trash, J Cigarette litter at parks can Farm kids and pets. , (A �l � i f �'r - a �:1 ,�a ° P e� .^f r. _ C,� � , '..f� J ,' I ,q i �, ,Aj•�. y{f,� :S Zi 4 � '" .' ��/` n mai" rt+�t� 1w=� • '4 4+ S tum tWA A, :iTiiT IffAl Since the 1980s, cigarette butts have consistentty Ammmma comprised 30 - 40% of all items collected in annual internationat coastal and urban deanups 11 Cigarettesare the most littered item in the country. Discarded Juul pods were found during the Coastal Clean-up at South Beach 9 cnr "n womwo "awm Tom= Solutions There is no safe level of tobacco smoke or aerosol A Resolution — City of Vero Beach An Ordinance — Cities of Oviedo, Sebastian., and Martin County A written Policy .1 a1.AVL• P!nt;wk.A 7sq 2019 COMMITTEE ASSIGNMENTS FOR EACH COMMISSIONER SUSAN ADAMS — District 1 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Tourist Development Council (designated by BCC Chairman; Quarterly, 3rd Wednesday @ 2:00 pm) 3. Treasure Coast Regional Planning Council (Bi -Monthly, 3rd Friday @ 9:30 am) 4. Agriculture Advisory Committee (Quarterly, 4th Thursday @ 2:00 pm) 5. Indian River Lagoon National Estuary Program, Board of Directors (Bi -Monthly, 2nd Friday @ 9:30 am) 6. Indian River Lagoon National Scenic Byway (odd number month, 1St Thursday, @ 10:00 am) 7. United Way of Indian River County (Chairman; Twice Monthly) 8. Treasure Coast Homeless Services Council (Bi -Monthly; 3rd Friday @ 9 am) 9. Indian River County Youth Livestock and Horticulture (recently formed; meetings TBD) 10. Florida Association of Counties Finance, Tax, and Administration Committee (As needed) .11. St. Sebastian Preserve State Park Advisory Committee (recently formed; meeting TBD) JOSEPH E. FLESCHER — District 2 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Treasure Coast Regional Planning Council - Alternate (Bi -Monthly, 3rd Friday @ 9:30 am) 3. Value Adjustment Board (2x a year) 4. Beach & Shore Preservation Advisory Committee (Monthly, 3rd Monday @ 3:00 pm) 5. County Public Safety Coordinating Board (BCC Chairman or designee; As needed) 6. Public Safety Council for Criminal. Justice, Mental Health and Substance Abuse (BCC Chairman or designee; As needed) 7. Audit Selection Committee (Last Meeting 2015; Every 5 years) 8. CDBG Citizens Advisory Task Force (BCC Chairman or designee; As needed) 9. Treasure Coast Sports Commission 17 OG z 2019 COMMITTEE ASSIGNMENTS FOR EACH COMMISSIONER (Continued) TIM ZORC — District 3 1. Metropolitan Planning Organization (MPO) (Monthly, 2nd Wednesday @ 10:00 am) 2. Treasure Coast Regional Planning Council- Alternate (Bi -Monthly, 3rd Friday @ 9:30) 3. Value Adjustment Board (2x a year) 4. State Housing Initiatives Partnership (SHIP) Loan Review Committee (As needed) 5. Indian River Lagoon National Estuary Program — Alternate 6. Workforce Development Consortium of the Treasure Coast (designated by BCC Chairman; One meeting in July and as needed) 7. Juvenile Justice Circuit 19th Advisory Board 8. Juvenile Justice Council (Monthly, 2nd Wednesday at 12:00 pm) 9. Florida Association of Counties Finance Tax Committee (As needed) PETER D. O'BRYAN — District 4 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Children's Services Advisory Committee (Quarterly, 2nd Monday @ 5:30 pm) 3. Treasure Coast Regional Planning Council (Bi -Monthly, 3rd Friday @ 9:30 am) 4. Treasure Coast Council of Local Governments (Monthly, 1st Wednesday @ 10:00 am) 5. Economic Development Council (Monthly, 3rd Tuesday @ 3:30 pm) 6. Florida Association of Counties Policy Leader on the Growth, Agriculture, Transportation, & Environment Policy Committee (As needed) BOB SOLARI — District 5 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Board of Trustees of Law Library (As needed) 3. Transportation Disadvantaged Local Coordinating Board (BCC member serves as Chair; Quarterly, 4th Thursday @ 10:00 am) 4. Affordable Housing Advisory Committee (As needed) 5. St. Johns River Alliance (As needed) 6. School Planning Elected Officials Oversight Committee (BCC Chairman serves, annually) 7. Florida Association of Counties Federal Committee (As needed) IM PWOCLAMATION HONORING ROGER WALKER ON HIS RETIREMENT FROM INDIANRIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD & BRIDGE DIVISION WHEREAS, Roger Walker retired from Indian River County Road & Bridge Division effective December 31, 2018; and WHEREAS, Roger Walker began his career with Indian River County on January 31, 2003, as a Heavy Equipment Operator and he continued in that capacity until his retirement; and WHEREAS, Roger Walker has served this County and the Public with distinction and se 7essness. During his fifteen years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Roger Walker's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River Countyfor the last fifteen years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 11th day of December, 2018. BOARD OF COUNTY COMMISSIONERS IIVDIANRIVER COUNTY, FLORIDA Bob Solari, Chairman JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller :Finance Department 1801 2'70'Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 29, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 19, 2018 to November 29, 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 November 19, 2018 to November 29, 2018.. 20 CHECKS WRITTEN TRANS 'NBR DATE VENDOR AMOUNT 374864 11/26/20.18 UTILREFUNDS 52.76 374865 11/26/2018 UTIL REFUNDS 28.97 374866 11/26/2018 UTIL REFUNDS 67.75 374867 11/26/2018 UTILREFUNDS 52.76 374868 11/26/2018 UTIL REFUNDS 77.53 374869 11/26/20I8 UTILREFUNDS 30.34 374870 11/26/2018 UTILREFUNDS 2,569.64 374871 11/26/2018 UTIL REFUNDS 38.35 374872 11/26/2018 UTIL REFUNDS 81.48 374873 11/26/2018 UTIL REFUNDS 306.81 374874 1.1/26/2018 UTILREFUNDS 43.54 374875 11/26/2018 UTIL REFUNDS 43.72 374876 11/26/2018 UTIL REFUNDS 79.00 374877 11/26/2018 UTILREFUNDS 41.08 374878 11/26/2018 UTIL REFUNDS 5.24 374879 11/26/201.8 UTILREFUNDS 80.06 374880 11/26/2018 UTIL REFUNDS 15.36 374881 11/26/2018 UTIL REFUNDS 64.44 374882 11/26/2018 UTIL REFUNDS 75.32 374883 11/26/2018 UTIL REFUNDS 10.54 374884 11/26/2018 UTIL REFUNDS 53.55 374885 11/26/2018 UTIL REFUNDS 73.63 374886 11/26/2018 UTIL REFUNDS 89.37 374887 1.1/26/2018 UTIL REFUNDS 64.53 374888 11/26/2018 UTILREFUNDS 59.16 374889 11/26/2018 UTIL REFUNDS 17.62 374890 11/26/2018 UTIL REFUNDS 75.17 374891 11/26/2018 UTIL REFUNDS 64.38 374892 11/26/2418 UTILREFUNDS 162.60 374893 11/26/2018 UTIL REFUNDS 81.04 374894 11/26/2018 UTIL REFUNDS 34.20 374895 11/26/2018 UTIL REFUNDS 25.09 374896 11/26/2-018 UTIL REFUNDS 39.91 374897 11/26/2018 UTIL REFUNDS 44.60 374898 1.1/26/2018 UTIL REFUNDS 27.24 374899 11/26/2018 UTIL REFUNDS 84.19 374900 11/26/2018 UTIL REFUNDS 34.46 374901 11/26/2018 UTILREFUNDS 41.36 374902 11/26/2618 UTIL REFUNDS 62.23 374903 11/26/2018 UTIL REFUNDS 9.21 374904 11/26/2018 UTIL REFUNDS 34.59 374905 11/26/2018 UTILREFUNDS 40.55 374906 11/26/2018 UTIL REFUNDS 37.68 374907 11/26/2018 UTILREFUNDS 32.05 374908 11/26/2018 PAUL CARONE 4.514.00 374909 11/26/2018 WILLIE C REAGAN 1,746.00 374910 11/26/2018 LARRY STALEY 593.00 374911 11/26/2018 PINNACLE GROVE LTD 3.252.00 374912 11/26/2018 VERO CLUB PARTNERS LTD 17838.00 374913 11/26/2018 DAVID SPARKS 1,407.00 374914 11/26/2018 THE. PALMS AT VERO BEACH 1,795.00 374915 11/26/2018 JOHN OLIVIERA 716.00 374916 11/26/2018 ARTHUR PRUETT 756.00 374917 11/26/2018 MICHAEL JAHOLKOWSKI 547.00 374918 11/26/2018 LUCY B HENDRICKS 807.00 374919 1.1/26/2018 ROBERT L BRACKETT 515.00 374920 11/26/201.8 SYLVESTER MC INTOSH 365.00 374921 11/26/2018 PAULA WHIDDON 553.00 21 TRAINS I\BR DATE VENDOR AMOUNT 374922 11/26/2018- JAMES W DAVIS 372.06 374923 11/26/2018 NITA EZELL 609.00 374924 11/26/20.18 MISS INC OF THE TREASURE COAST 2,211.00 374925 11126/2018 DANIEL CORY MARTIN 3,602.00 374926 11/26/2018 PAULA ROGERS & ASSOCIATES .INC 660.00 374927 11/26/2018 FIVE STAR PROPERTY HOLDING LLC 830.00 374928 11/26/2018 MARK BAER 311.00 374029 1.1.126/2018 MARK BAER 2,776.00 374930 11/26/2018 JUAN CHAVES 700.00 374931 11.126/2018 VALAPTS .LLC 818.00 374932 11/26/2018 I-N'DIANTONN N NON-PROFIT HOUSING INC 670.00 374933 11/26/2018, AUGUSTUS B FORT JR 641.00 374934 11/26/2018 H&H SHADOWBROOK LLC 563.00 374935 11/26/2018 VERO BEACH PLACE LLC 2,036.00 374936 11/26/2018 GNS REAL ESTATE HOLDINGS LLC 1,809.00 374937 11126/2018 COALITION FOR ATTAINABLE HOMES INC 2.459.00 374938 11/26/2018 HELPING HANDS REAL ESTATE & INVESTMENT CO 4.265.00 374939 11/26/2018 ALIX DENAEAU 750.00 374940 11/26/2018 JOHN K GERRATO 818.00 374941 11/26/2018 1135 RENTALS LLC 778.00 374942 1.1/26/2018 MCLAUGHLIN PROPERTIES LLC 750.00 374943 11126/2018 HOWARD R BRENNAN 556.00 374944 11/26/2.01.8 NKW PIP HOLDINGS I LLC 2,889.00 374945 .11/26/20.18 MAXIPLEX'LLC 2,_714.00 374946 11/26/2018 RANDY BETHEL 751.00 374947 11/26/2018 WATSON REALTY GROUP 800.00 374948 11/26/2018 KARL POKRANDT 747.00 374949 11/26/2018 BRANDON ROUER 1,905.00 374950 11126/2018 JEANNE E BIERMAN 663.00 374951 11/2612018 HUDSON CONSULTING & MANAGEMENT LLC 552.00 374952 11/26/2018 PALMETTO PROPERTY MANAGEMENT CORP 935.00 374963 11/26/2018 JORDAN' MOWER INC 274.43 374954 11/26/201.8 COMMUNICATIONS INTERNATIONAL 57.60 374955 11/26/2018 RICOH USA INC 162.98 374956 11/26/2018 DELTA SUPPLY CO 1365.30 374957 11/26/2018 GRAINGER 860.69 374958 11/26/2018 HACH CO 1,302.00 374959 11/26/2018 EXPRESS REEL GRINDING INC 3.500.00 374960 11/26/2018 DELL MARKETING LP 67,920.42 374961 11/26/2018 KETCHUM MANUFACTURING CO INC 1,573.50 374962 11/26/2018 BLAKESLEE SERVICES INC 65.00 374953 11/26/2018 BAKER & TAYLOR INC 628.07 374964 11/26/2018 MIDWEST TAPE LLC 1,665.99 374965 11126/2018 BAKER DISTRIBUTING CO LLC 229.66 374966 11/26/2018 NEWSBANK INC 33,890.00 374967 11/26/2018 CENGAGE LEARNING INC 93.00 374968 11/26/2018 PENWORTHY COMPANY 837.36 374969 11/26/2018 COMMUNITY ASPHALT CORP 38,186.93 374970 11/26/2018 GREENEINVESTMENT.PARITIERSHIP.LTD 3,893.23 374971 11/26/201.8 LINDS.EY GARDENS LTD 928.00 374972 11/26/2018 CREATIVE CHOICE HOMES XVI LTD 536.00 374973 11/26/2018 CLERK OF CIRCUIT COURT I,107.20 374974 11126/201.8 INDIAN RIVER COUNTY HEALTH DEPT 58,022.25 374975 11/26/2018 VICTIM ASSISTANCE PROGRAM: 5,746.83 374976 11/26/2018 ROGER J NICOSIA 1,500.00 374977 11/26/2018 CITY OF VERO BEACH 863.00 374978 11/26/2018 CITY OF VERO BEACH 74,663.79 374979 .11/26/2018 CITY OF VERO BEACH 2,169.15 374980 11126/201.8 CITY OF VERO BEACH 11.787.50 374981 11/26/2018 FERGUSON ENTERPRISES INC 378.40 22 2 TRANS NBR DATE; 'VENDOR AMOUNT 374982 11/26/2018 JANITORIAL DEPOT OF AMERICA INC 909.15 374983 11/26/2018 TREASURE COAST HOMELESS SERVICES 2,400.00 374984 11/26/2018 HENRY FISCHER & SONS INC 925.00 374985 11/26/20.18 PUBLIX SUPERMARKETS 34.14 374986 11/26/2018 PUBLIX SUPERMARKETS 13.90 374987 11/26/2018 PUBLIX SUPERMARKET'S 25.26 374988 11/2612018 WAL MART STORES EAST LP 314.48 374989 11/26/2018 FLORIDA ANIMAL CONTROL ASSOC INC 70.00 374990 11/26/2018 ACUSHNET COMPANY 488.04 374991 11/26/2018 INTERNATIONAL GOLF MAINTENANCE INC 990.00 374992 11/26/2018 CALLAWAY GOLF SALES COMPANY 957.59 374993 11/26/2018 FLORIDA POWER AND LIGHT 58,773.62 374994 11/26/2018 FLORIDA POWER AND LIGHT 2,793.56 374995 11/26/201.8 INDIAN RIVER COUNTY TAX COLLECTOR 118,_001.47 374996 11/26/2018 FLORIDA DEPARTMENT OF STATE 80.08 374997 11/2612018 KENNETH CAMPBELL SENIOR 40.00 374998 11/26/2018 NATIONAL GOLF FOUNDATION 250.00 374999 11/26/2018 WASTE MANAGEMENT INC 112,093.20 375000 11/26/2018 LANGUAGE LINE SERVICES INC 126.07 375001 11/26/201.8 JASON E BROWN 275.00 375002 11/26/2018 FLORIDA STATE GOLF ASSOCIATION 118.00 375003 11/26/2018 MYLES BROWN 40.00 375004 11/26/2018 HENRY SMITH 80.00 375005 11/26/2018 ALAN C KAUFFMANI N 180.00 375006 11/26/2018 PINNACLE GROVE LTD 500.00 375007 11/26/2018 VERO CLUB PARTNERS LTD 620.00 375008 11/26/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 1,487.00 375009 11/26/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 424.00 375010 11/26/2018 ST LUCIE COUNTY BOCC 37,863.91 375011 11/26/2018 CELICO PARTNERSHIP 238.65 375012 11/26/2018 ANIX,TER INC 940.51 375013 11/26/2018 CINTAS CORPORATION NO 2 62.65 37501.4 11/26/201.8 FLORIDA DEPT OFJUVENILEJUSTICE 25,476.00 375015 1.1/26/2018 OTC DIRECT INC 317.11 375016 11/26/2018 OTC DIRECT INC 63.36 37501.7 11/26/2018 OCLC ONLINE COMPUTER LIBRARY CENTER 453.03 375018 11/26/2018 CI-vNTRA:L PUMP & SUPPLY INC 371.38 37501.9 11/26/2018 CENTRAL PUMP & SUPPLY :INC 479.68 375020 11/26/20.1.8 MASTEILER & MOLER INC 2,030.00 375021 11126/2018 LARRY STEPHENS ,120.00 375022 11/26/2018 GERELCOM INC 4,392.50 375023 11/26/2018 D&S ENTERPRISES OF VERO BCH LLC 42.27 375024 11/26/2018 PETER OBRYAN 15.53 375025 11/26/2018 JOHNNY B SMITH 110.00 375026 11/26/2018 INDIAN RIVER RDA LP 300.00 375027 11/26/2018 MADESSIA FLOWERS 40.00 375028 11/26/2018 TREASURE COAST FOOD BANK INC 56.34 375029 1.1/26/2018 FLEETBOSS G P S INC. 29,649.00 375030 1.1/26/2018 YOUTH GUIDANCE DONATION FUND 833.33 375031 11/26.12018 NICOLACE MARKETING INC 661.25 375032 11/26/2018 EQ THE ENVIRONMENTAL QUALITY COMPANY 20.862.70 375033 11/26/201.8 WINSU.PPI_Y OF VERO :BEACH 664.49 375034 11/26/2018 SANDY ARACENA 40.00 375035 11/26/2018 LENNAR HOMES 116.85 375036 11/26/2018 LARIAT ENTERPRISES INC 1,075.30 375037 11/26/2018 VERA SMITH 40.00 375038 11/2612018 GARRETT SMITH 40.00 375039 11/26/2018 DE LA:HOZ BUILDERS INC 27,816.00 375040 1.1/2612018 LINDSEY GARDENS II LTD 687.00 375041 1,1/26120I8 JANCYP.ET BURIAL SERVICE INC 55.25 23 TRANS NBR DATE VENDOR AiMOUNT 375042 11/26/2018 BERMUDA SANDS APPAREL LLC 6,147.40 375043 11/26/2018 GFA INTERNATIONAL INC 12,179.16 375044 11/26/2018 LOWES HOME CENTERS INC 141.05 375045 11/26/2018 CARDINAL HEALTH 110 INC 249.77 375046 11/26/2018 ALEX MIKLO 50.00 375047 11/26/2018 ATLANTIC ROOFING II OF VERO BEACH INC 176,616.58 375048 11/26/2018 PENGUIN RANDOM HOUSE LLC 687.89 375049 11/26/2018 STRAIGHT OAK LLC 1.78.55 375050 11/26/2018 C E R SIGNATURE CLEANING 850.00 375051 11/26/20.18 DYLAN REINGO.LD 360.50 375052 11126/2018 SAMBAHOLDINGS INC 1,291.78 375053 11/26/2018 MB ENTERPRISES ROOFING & SHEETMETAL INC 9.700.00 375054 11/26/2018 SUSAN ADAMS 92.18 375055 11/26/20.18 BERNARD EGAN & COMPANY 3,598.08 375056 11/26/2018 GENERAL TRUCK EQUIPMENT & TRAILER SALES INC 337.66 375057 11/26/2018 MICHAEL EDWARD HAMILTON 300.00 375058 1.1/26/2018 SYLIVIAMI.LLER 79.00 375059 11/2612018 HAWKINS INC 688.75 375060 11/26/2018 FLORITURF SOD INC 221.00 375061 11/26/2018 SCRIPPS NP OPERATING 1-1-C 178.20 375062 11/26/2018 SCRIPPS NP OPERATING LLC 305.25 375063 11/26/2018 JOSEPH DIZONNO 50.00 375064 11/26/2018 UNIFIRST CORPORATION 163.21 375065 11/26/2018 CDA SOLUTIONS INC 445.00 375066 11/26/2018 EGP DOCUMENT SOLUTIONS LLC 2.202.02 375067 11/26/2018 NORTH AMERICAN OFFICE SOLUTIONS INC 41.42 375068 11/26/2018 BLACK CLOVER ENTERPRISES LLC 669.69 375069 11/26/2018 PEOPLE READY INC 12.879.92 375070 11/26/2018 EMILY GOUGE 50.00 375071 11/26/2018 TREASURE COAST COLLECTIBLES LLC 120.00 375072 11/26/2018 SUZANNE BOYLL 71.91 375073 11/26/2018 KONICA MINOLTA BUSINESS SOLUTIONS 542.13 375074 11/26/2018 BETI-I NOLAN 75.00 375075 11/26/2018 QUIKRETE HOLDINGS INC 3,262.25 375076 11/26/2018 THOMAS R PILIERO 25.00 375077 11/26/2018 CORE & MAIN LP 11,559.57 375078 11126/2018 SOMMER PARTNERSHIP 400.00 375079 11/2612018 BROWNELLS INC 12.787.75 375080 11/26/2018 COASTAL BULB INC 743.50 375081 11/26/201.8 OSBURN ASSOCIATES INC 2.950.00 375082 11/26/2018 ENGINEERED SERVICES INC 382.50 375083 11/26/2018 STEPHEN STONE 40.00 375084 11/26/2018 JOSEPH LORINO 60.00 375085 11/26/2018 CONCORDANCE HEALTHCARE SOLUTIONS LLC 328.47 375086 11/26/2018 RAMONA MURPHY 18.50 375087 11/26/2018 AMAZON CAPITAL SERVICES INC 157.66 375088 11/26/2018 AMAZON CAPITAL SERVICES INC 2,481.21 375089 11/26/2018 VERONIQUE CRY STURIALE 60.00 375090 11/26/2018 PIRATE PEST CONTROL: LI-C 18.00 375091 11/26/2018 THREE D HOLDING INC 486.25 375092 11/26/2018 AMERIGAS PROPANE LP 2.084.27 375093 11/26/2018 GOLFTNIINC 296.00 375094 11/26/2018 CHARLES FEI_VUS 60.00 375095 11/26/2018 JUMPSTART ANTIQUE CAR SHOWS INC 500.00 375096 11/26/2018 GERALD WILGUS 2.56.24 375097 11/26/2018 BRIDGET MAGUIRE 191.00 375098 11/26/2018 DENNIS GILLESPIE 500.00 375099 11/26/2018 JOHN J DR]SCOLL 60.00 375100 11/26/2018 RAUNO J KIRVES 500.00 375101 11126/2018 DAVID MIKE 40.00 24 4 TRA -\S i\BR DATE VENDOR AMOUNT 375102 11/26/2018 LISSE'LOTT'E BENITO 25.00 375103 11/29/2018 JORDAN MOWER INC 831.04 375104 11/29/2018 TEN -8 :FIRE EQUIPMENT INC 1,03598 375105 11/29/2018 VERO CHEMICAL DISTRIBUTORS INC 29.88 375106 11/29/2018 RICOH USA INC 104.25 375107 11/29/2018 HENRY SCHEII`T INC 4.809.69 375:108 1.1/29/2018 VELDE FORD INC 418.07 375109 11/29/2018 STEWART MATERIALS INC 1.728.76 37511.0 11/29/2018 AT&T WIRELESS 1,827.25 375111 11/29/2018 DATA FLOW SYSTEMS INC 274,1.05.00 375112 11/29/2018 KELLY TRACTOR CO 609.37 375113 11/29/2018 SAFETY KLEE.N SYSTEMS INC 280.00 375114 11/29/2018 MCMASTER CARR SUPPLY CO 111.02 37511.5 11/29/2018 GAYLORD BROTHERS INC 374.53 375116 11/29/2018 AVERY DENNISON CORPORATION 3,947.50 375117 11/29/2018 JIMv1YS TREE SERVICE 990.00 375118 11/29/2018 KSM ENGINEERING & TESTING .INC 115.00 375119 1.1/29/2018 BOUND TREE MEDICAL LLC 1,829.50 375120 11/29/2018 EXPRESS REEL, GRINDING INC 1,100.00 375121 11/29/2018 TIRESOLES OF BROWARD INC 1,676.50 375122 11/29/2018 DELL MARKETING LP 14.966.66 375123 11/29/2018 THE GOODYEAR TIRE & RUBBER COMPANY 50.00 375124 11/29/2018 BAKER & TAYLOR INC 5,680.82 375125 11/29/2018 MIDWEST TAPE LLC 107.95 375126 11/29/2018 MWI CORP 1,166.57 375127 11/29/2018 CENGAGE LEARNING INC 931.08 375128 11/29/2018 PALM TRUCK CENTERS INC 3,869.76 375129 11/29/2018 JITVIMYS AIR & REFRIG ERATION INC 90.00 375130 1.1/29/2018 GO COASTAL INC 95.75 375131 11/29/2018 SUNSHINE REI-IABILAI'lON CENTER OF IRC INC 1,400.00 375132 11/29/2018 GREENE INVESTMENT PARTNERSHIP LTD 587.25 375133 11/29/2018 CITY OF VERO BEACH 400.00 375134 1.1/29/2018 CITY OF VERO BEACH 3375.78 375135 11/29/2018 UNITED WAY OF INDIAN RIVER COUNTY 832.00 375136 11/29/2018 FERGUSON ENTERPRISES INC 8,240.00 375137 11129/2018 MATTI IEW BENDER & CO INC 196.50 375138 11/29/2018 TREASURE COAST HOMELESS SERVICES 2,822.69 375139 1.1/29/2018 ACUSHNET COMPANY 2.823.88 375140 11/29/2018 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 375141 11/29/20I8 GEOSYNTEC CONSULTANTS INC 762.20 375142 11/29/2018 ST JOHNS RIVER WATER MGMT DISTRICT 250.00 375143 11/29/2018 RIVERF.RONT HOTEL LLC 278.00 375144 11/29/2018 CALLAWAY GOLF SALES COMPANY 190.31 375145 11/29/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 1.856.00 375146 11/29/2018 SUBSTANCE AWARENESS COUNCIL OF :IRC INC 8.318.08 375147 11/29/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 8.005.26 375148 11/29/2018 FLORIDA POWER AND LIGHT 84,865.74 375149 1.1/29/2018 FLORIDA POWER AND LIGHT 1,454.52 375150 11/29/2018 PUBLIC DEFENDER 20:461.24 375151 1.1/29/2018 AMERICAN PLANNING ASSOCIATION 619.00 375152 11/29/2018 GIFFORD YOUT14 ACHIEVEMENT CENTER INC 3.432.91 375153 11/29/20I8 GAIL E FLINN 350.00 375154 11/29/2018 STATE ATTORNEY 8,330.71 375155 11/29/2018 KENNETH ANDREWS 369.04 375156 1.1129/2018 NEW I-IORI.ZONS OF THE TREASURE COAST 25._881.33 375157 1.1129/3018 KENNETH CAMPBELL SENIOR 40.00 375158 11/29/2018 CATHOLIC CHARITIES DIOCESE OF PALM BC14 2.526.10 375159 11/29/2018 TROY FAIN INSURANCE INC 103.00 3751.60 11/29/2018 BUILDING OFFICIALS ASSOC OF FLORIDA 279.00 3751.61 11/29/2018 IRC HEALTHY START COALITION INC 2,500.00 25 TRANS NBR DATE VENDOR AMOUNT 375162 1.1/29/2018 CENTRAL FLORIDA PRIMA 25.00 375163 11/29/201.8 HENRY SMITH 40.00 375164 1.1/29/2018 ALAN C KAUFFMAINN 180.00 375165 11/29/2018 G K ENVIRONMENTAL INC 2.912.50 375166 11/29/2018 CHILDRENS HOME SOCIETY OF FL 3_.000.00 375167 11!29/2018 FLORIDA WATER RESOURCES JOURNAL INC 200.00 375168 11/29/2018 FLORIDA.ENG.INEER.ING SOCIETY 210.00 375169 11/29/2018 FLORIDA ASSOC OF CODE ENFORCEMENT 35.00 3751.70 1.1/29/20.18 ECONOLITE CONTROL PRODUCTS INC 1,424.00 375171 11/29/2018 RUSSELL PAYNE INC 741.80 375172 11/29/2018 CELICOPARTNERSHIP 577.12 375173 11/29/2018 SYNAGRO-WWT INC 58,837.43 375174 11/29/2018 FLORIDA RURAL LEGAL SERVICES INC 2,482.02 375175 I1/29/2018 FASTENAL,COMPANY 99.83 375176 11/29/2018 THE SHERWIN WILLIAMS CO 309.03 375177 11/29/2018 SOUT}-}ERN JANITOR SUPPLY INC 499.19 375178 11/29/2018 MBV ENGINEERING INC 656.00 3751.79 11/29/2018 ASSOCIATON OF FLORIDA CONSERVATION DISTRICTS 350.00 375180 11/29/2018 MASTELLER & MOLER INC 23,571.78 375181 1.1/29/2018 STAPLES CONTRACT & COMMERCIAL INC 37.25 375182 11/29/2018 PELICAN ISLES LP 400.00 375183 11/29/2018 HEVERON GROUP INC 19,039.00 375184 11/29/2018 GLOVER 011, COMPANY INC 95_,024.82 375185 11/29/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 296.55 375186 11/29/2018 ADMIN' FOR CHILD SUPPORT ENFORCEMENT 300.57 375187 11/29/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 167.71 375188 11/2912018 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 4,027.18 375189 11/29/2018 DAYSPRING 500.00 375190 11/29/2018 NORTH CAROLINA CHILD SUPPORT 105.69 375191 11/29/2018 JOHNNY B SMITH 100.00 375192 11 /29/2018 DANE MACDONALD 80.00 375193 11 /29/2018 CHARLES A WALKER 40.00 375194 11/29/2018 RAMOS,NICOLAS 37.99 375195 11/29/2018 MADESSIA FLOWERS 20.00 375196 1.1/29/2018 BARKETT, ERIC C & ALISAA 1,300.00 375197 11/29/2018 WILLIAM RICE 24.28 375198 11/29/2018 KWACKS INC 1.149.00 375199 11/29/2018 NICOLACE MARKETING INC 2,570.00 375200 11/29/2018 WINSUPPLY OF VE--R0 BEACH 48.26 375201 11/29/2018 VERASM:ITI-I 20.00 375202 11/29/2018 DE LA FI07_ BUILDERS INC 15.499.00 375203 11/29/2018 MASTER METER TDS 4,750.00 375204 11/29/2018 ECMC 286.85 375205 11/29/201.8 TOTAL ID SOLUTIONS INC 227.00 375206 11/29/2018 VINCENT BURKE 50.00 375207 11/29/2018 REPROGRAPHIC SOLUTIONS INC 35.88 375208 11/29/2018 LOWES HOME CENTERS INC 790.47 375209 11/29/2018 CARDINAL 14EALTI I 110INC 61.93 375210 11/29/2018 MUNICIPAL EMERGENCY SERVICES INC 849.80 37521.1 11/2912018 KYLE ANDERSON 300.00 375212 11/29/2018 ALEX MIKL.O 90.00 375213 11/29/201.8 TREASURE COAST TURF INC 255.00 375214 11/29/2018 CARMEN LEWIS 155.50 375215 11/29/2098 FAMILY SUPPORT REGISTRY 9.66 375216 11/29/2018 REI ENGINEERS INC 620.00 375217 11/29/2018 BERNARD EGAN & COMPANY 19.265.20 375218 11/29/2018 ARROW INTERNATIONAL 1._665.50 375219 1.1/29/2018 SK.ECHERS USA INC 431.04 375220 11/29/2018 RONALD NICHELSON 80.00 375221 11/29/2018 COBRA GOLF INCORPORATED 862.50 26 TRAINS NBR DATE VENDOR AMOUNT 375222 11/29/2018 HAWKINS .INC 500.25 375223 11129/201.8 AN TIELD CONSULTING GROUP INC 1.0_.000.00 375224 11/29/2018 SCRIPPS NP OPERATING LLC 150.51 375225 11/29/201.8 SCRIPPS NP OPERATING LLC 669.90 375226 11.129/201.8 JOSEPH 'DIZONNO 110.00 375227 11/29/2018 KENDRA COPE 282.00 375228 11/29/2018 UNIFIRST CORPORATION 2,388.77 375229 11/2912018 GOTTA GO GREEN ENTERPISES INC 668.34 375230 1.1/29/2018 EGP DOCUMENT SOLUTIONS LLC 1.57.55 375231. 11/29/2018 FLORIDA EAST COAST HOLDINGS CORP 1.800.00 375232 11/29/2019 RUSSELL L OWEN III 40.00 375233 11/29/2018 BYERS ENGINEERING COMPANY 8,300.00 375234 11/29/2018 COVERALL NORTH AIM ERICA INC 4,030.00 375235 11/29/2018 PEOPLE READY INC 10,809.06 375236 11/29/2018 L.IN SOUL LLC 790.03 375237 11/29/20.18 EMILY GOUGE 110.00 375238 11/29/2018 CHARLOTTE BOWLING 10.00 375239 H/2912018 /2912018 COLE AUTO SUPPLY INC 789.22 375240 11/29/2018 KREMEDY LLC 1.392.00 375241 11/29/2018 NORTH CAROLINA DEPARTMENT OF REVENUE 107.22 375242 1.1/29/2018 BETH NOLAN 75.00 375243 11/29/2018 ENVIRONMENTAL OPERATING SOLUTION INC 8,262.64 375244 .11/29/2018 CORE &, MAIN LP 12,783.12 375245 11/29/2018 ROBERT G ALBRECHT JR 129.40 375246 11/2.9/2018 DJD EQUIPMENT 14OLDINGS LLC 9.18.54 375247 11/29/2.018 GYRO-TRAC CORPORATION 318.60 375248 11129/2018 STEPHEN STONE 40.00 375249 11/29/2018 JOSEPH LORINO 60.00 375250 11/29/2018 CONCORDANCE HEALTHCARE SOLUTIONS LLC 404.99 375251 1.1/29/201.8 AMAZON CAPITAL SERVICES INC 1.944.57 375252 1.1/2912018 TREASURE COAST PLUMBING LLC 720.55 375253 11/29/2018 VERONIQUE ORY STURIALE 30.00 315254 11/291201.8 AGRUAMERICA INC 24976.20 375255 11/29/2018 PIRATE PEST CONTROL LLC 224.00 375256 11/29/2018 ALL RITE WATER PURIFICATION INC 19.54 375257 11/29/2018 COMMONWEALTH OF MASSACHUSETTS 154.00 375258 11129/2018 AMERIGAS PROPANE LP 747.31. 375259 11/29/2018 KANSAS PAYMENT CENTER 219.69 375260 1'1129/2018 SEAN MC FARLAND 219.7.1 375261 11/29/2018 CHARLES FELVIJS 60.00 375262 1.1/29/2018 S'UCCESSFULENTERPRISESLLC 200.00 375263 11/29/2018 FERNANDO SOTOMAYOR 46.23 315264 .11/29/2018 DAVID MIKE 60.00 375265 11/29/2018 UTIL REFUNDS 51.25 375266 11/29/2018 UTIL REFUNDS 17.43 375267 11/29/2018 UTIL REFUNDS 26.97 375268 11129/2018 UTIL REFUNDS 106.42 375269 11/29/2018 UTIL RL` -FUNDS 45.21 375270 1.1/29/2018 UTIL REFUNDS 90.95 375271, 11/29/2018 UTIL REFUNDS 35.35 375272 11/29/2018 UTIL REFUNDS 260.80 375273 11/2912018 UTIL REFUNDS 18.17 375274 11/29/201.8 UTIL REFUNDS 36.91 375275 11/29/2018 UTIL REFUNDS 10.5.1 375276 11/2912018 UTIL REFUNDS 13.34 375277 11/29/2018 UTI.L REFUNDS 31.63 375278 11/29/2018 UTIL REFUNDS 35.19 315279 11129/2018 UTIL REFUNDS 3.42 375280 11129/20I8 UTIL REFUNDS 37.52 375281 11/29/2018 UTILREFUNDS 5.9.53 27 TRANS NBR DATE VENDOR 375282 11/29/2018 UTIL REFUNDS 375283 11/29/2018 UTIL REFUNDS 375284 11/29/2018 UTIL REFUNDS 375285 11/29/2018 UTIL REFUNDS 375286 11/29/2018 UTILREFUNDS 375287 11/29/2018 UTILREFUNDS 375288 11/29/2018 UTIL REFUNDS 375289 1.112912018 UTILREFUNDS 375290 1.1/29/2018 UTIL REFUNDS 375291 11/29/2018 UTILREFUNDS 375292 I 1 /29!2018 UTIL REFUNDS 375293 11/29/201.8 UTIL REFUNDS 375294 11/29/2018 UTIL REFUNDS 375295 11/29/2018 UTILREFUNDS 375296 11/2912018 'UTILREFUNDS 375297 11/2912018 UTIL REFUNDS 375298 1.1/29/2018 UTILREFUNDS 375299 11/29/2018 'UTIL REFUNDS 375300 11/29/2018 UTIL REFUNDS 375301 1.1 /2W2018 UTIL REFUNDS 3.7.5302 1.1/29/20.18 UT1L'REruNDS 375303 11/29/2018 UTILREFUNDS 375304 1.1/29/2018 UTIL REFUNDS 375305 11129/2018 UTILREFUNDS 375306 11/29/2018 UTILREFUNDS 375307 11/29/2018 UTIL REFUNDS 375308 11/29/2018 UTILREFUNDS 375309 11/29/2018 UTIL REFUNDS 375310 11/29/2018 UTIL REFUNDS 375311 11/29/2018 CLERIC OF CIRCUIT COURT Grand Total: AMOUNT 122.24 16.06 26.22 29.94. 127.55 65.69 13.78 54.37 67.93 9.96 39.04 73.52 59.68 77.25 65.16 58.76 41.64 27.95 49.06 15.06 69.71 45.60 14.55 68.85 45.45 25.45 91.12 45.89 19.44 410.00 2,079,147.05 8 28 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1014175 11/20/2018 AT&T 168.00 10141.76 11/20/2018 OFFICE DEPOT BSD CUSTOMER SVC 1,158.47 10141.77 11/20/2018 WASTE MANAGEMENT INC 7,989.85 10141.78 11/20/2018 BRIDGESTONE GOLF INC 251.58 1014179 11120n-018 WHEELABRATOR RIDGE ENERGY INC 1,096.50 1014180 11/21/2018 PARKS RENTAL & SALES INC 421.75 1014181 11/21/2018 COPYCOINC 327.57 1014182 11/21/20.1.8 DEMCO INC 58.33 1014183 11/212018 MEEKS PLUMBING INC 243.00 101.4184 1121/2018 HILL MANUFACTURING CO INC 2,250.78 1014185 11/212018 RECORDED BOOKS LLC 313.60 101.4186 1.121/2018 SOUTHERN COMPUTER WAREHOUSE INC 320.16 1014187 11212018 FIRST HOSPITAL LABORATORIES INC 32.25 1014188 11212018 HD SUPPLY FACILITIES MAINTENANCE LTD 290.84 1014189 11212018 COMPLETE ELECTRIC INC 465.00 1014190 11/21/2018 SHRIEVE CHEMICAL CO 4_,061.65 1014191 11212018 METRO FIRE PROTECTION SERVICES INC 184.00 1014192 11/21P-018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 713.01 1014193 1.1/212018 ENV] RONMENTA:LCONSERVATION LABORAI-OR.IES IN 634.00 1014194 11212018 COUNTY MATERIALS CORPORATION 11,424.00 1014195 11212018 NEXAIR LLC 397.19 1014196 11/262018 MEEKS PLUMBING .INC 54.00 1.01.4197 1.1.26/2018 AIR COMPRESSOR WORKS INC 0.00 1014198 11262018 THE EXPEDITER 338.95 1014199 11262018 SOUTITERN COMPUTER WAREHOUSE INC 2,496.42 1014200 11262018 TOTAL TRUCK PARTS INC 724.23 1014201 11262018 RECHTIEN INTERNATIONAL TRUCKS 250.15 1014202 1.1/26/2018 L&L DISTRIBUTORS 622.38 1014203 11/2612018 STAT MEDICAL. DISPOSAL INC 265.00 1014204 1127/2018 AT&T 1,989.75 1014205 11272018 OFFICE DEPOT BSD CUSTOMER SVC 1,092.82 1014206 11272018 COMCAST 5.99 1014207 11/29/2018 AT&T 1;426.68 1014208 1129/2018 COPYCO INC 97.33 1014209 1.1/292018 NORTH SOUTH SUPPLY INC. 46.03 1014210 1129/2018 RING POWER CORPORATION 249.28 1014211 11/29/2018 MIKES GARAGE & WRECKER SERVICE INC 110.00 1014212 1129/2018 NEWMANS POWER SYSTEMS 1,034.16 101.4213 11/29i2018 SOUTHERN COMPUTER WAREHOUSE INC 388.16 1014214 11/29/20.18 HD SUPPLY FACILITIES MAINTENANCE LTD 571.57 1014215 11/29/2018 MIDWEST MOTOR SUPPLY CO 500.50 1014216 11/29/2018 UNIVERSAL ENGINEERING SCIENCES 6.792.50 1014217 11292018 METRO FIRE PROTECTION SERVICES INC 37426.25 1014218 11292018 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1014219 11/292018 PACE ANYALYTICAL LLC 108.00 Grand Total: 55,476.68 29 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE. VENDOR AMOUNT 6362 11/19/2018 FLORIDA DEPARTMENT OF REVENUE 15;346.60 6363 11/19/2018. FLORIDA DEPARTMENT OF REVENUE 1,846.37 6364: 1.1101/201.8 NATIONNWIDE SOLUTIONS RETIREMENT INC 53,860.69 6365 11/19/2018 FLORIDA DEPARTMENT OF REVENUE 1.173.51 6366 11/19/2018 FLORIDA .DEPARTMENT OF REVENUE 2.332.91 6367 1.1/19/2018 HIGHMARK STOP LOSS 8,622.63 6368 11/19/2018 RUSSELL PAYNE INC 124,249.16 6369 11/19/2018 IRS -PAYROLL TAXES 415,864.13 6370 11/19/2018 FL SDU 6,618.48 6371 11/26/2018 CDM SMITH INC 89,426.01 6372 11/26/20.18 BLUE CROSS &. BLUE SHIELD OF FLORIDA INC 11,500.00 6373 ]1./27/2018 1 R CHEALTH INSURANCE - TRUST 82.467.90 6374 11/27/2018 MUTUAL OF OMAHA 2.385.00 6375 11/27/20.18 HIGHMARK STOP LOSS 7,307.10 6376 11/27/2018 CHARD SNYDER & ASSOCIATES INC 92.00 6377 11/28/2018 SENIOR RESOURCE ASSOCIATION 350,446.49 6378 1.1/28/2018 VEROTOWN LLC 162.95 6379 11/28/2018 CHARD. SNYDER &ASSOCIATES INC 312.00 6380 11/29/20.18 TOTAL ADM1114TISTRATIVE SERVICES CORP 11.919.03 6381 11/29/2018 WEST HEALTH ADVOCATE SOLUTIONS INC 11466.85 Grand Total: 1,187;399.81 301 CONSENT: 12/11/2018 Office Of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: December 3, 2018 ATTORNEY RE: Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation Section 125.68, Florida Statutes requires that each county maintain a current codification of all ordinances, which must be published annually by the Board of County Commissioners. Once codified, the Code is the best evidence of the current law of the County. The Code is codified through adoption of an ordinance; adoption of the ordinance must be preceded by public hearing. FUNDING: The only cost associated with this item is the advertising cost for the public hearing which is estimated to be no more than $150.00 and is available from the County Attorney's budget/legal ads; Account No. 00110214-034910. REQUESTED ACTION: Authorize staff to advertise for a public hearing on January 15, 2019 to amend Section 100.03(4) of the Indian River County Code. nhm 31 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Of Ge of Consent 1211112018 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney �)0-1 DATE: December 5, 2018 ATTORNEY SUBJECT: Dedication of Right -of -Way and Grant of Utility Easements to Florida Power & Light for Heritage Substation Project Florida Power & Light Company (FPL) has completed construction of the substation for the Heritage solar energy project at 98th Avenue and 4th Street in Indian River County. An aerial photo of the site is attached. As part of the site plan approval process for the substation, FPL is required to dedicate 60 feet of right- of-way along both 98th Avenue and 4th Street along the substation's borders. The Special Warranty deed attached to this memorandum satisfies this requirement. FPL has reserved utility easements for itself in the dedicated rights-of-way. A partial release of mortgage for these rights-of-way is attached and will be recorded with the Special Warranty Deed. In order to distribute the electricity from the Heritage substation, FPL. is asking the County to grant them two utility easements under 98th Avenue right-of-way and two utility easements under 4th Street right-of- way for their underground distribution lines. The proposed Easements are attached to this memorandum. An electric utility may install transmission or distribution lines in county rights-of-way, however if the rights- of-way are ever improved and the electric utilities must be moved, the county is responsible for relocation of distribution lines while the utility is responsible for relocation of transmission lines. Since these are distribution lines, the County will be responsible for payment of relocation of the lines in the future if 98th Avenue and/or 4th Street are improved. There are currently no plans to improve these two roadways in the County's work plan. FUNDING. There is no impact to County funds associated with the Special Warranty Deed or Easements. RECOMMENDATION. Staff recommends the Board of County Commissioners accept the dedication of right-of-way via the Special Warranty Deed and approve the Utility Easements for the FPL distribution lines on 98th Avenue and 4th Street for the Heritage Substation and authorize the Chairman to execute the acceptance of the Special Warranty Deed and the Easement on behalf of the Board. Attachments: Aerial Photo of Area Amy Wilkes Proposed Special Warranty Deed Sr. Real Estate Representative Proposed Utility Easement Florida Power & Light Company 700 Universe Boulevard B2A/JB Copies to: Juno Beach, FL 33408 Richard B. Szpyrka, P.E., Public Works Director Via email to: Amy.Wilkes(cDfpl.com Ryan Sweeny, Senior Planner 32 Indian River County, Florida Property Appraiser - Printer Friendly Map Print ( Back Indian River County GIS Page 1 of 1 ParcelID OwnerName PropertyAddress 33381500001012000001.0 FLORIDA POWER & LIGHT COMPANY Notes 9799 4TH ST VERO BEACH, FL 32966 33 http://www.ircpa.org/PrintMap.aspx 12/5/2018 This Instrument Prepared By: Patricia Lakhia, Esquire Florida Power & light Company. 700 Universe Boulevard, LAW/JB Juno Beach, FL 33408 and Return Following Recording to: Me- served fior recording in orm�tion Property Appraiser's Parcel Identification (Folio Number): Consideration: Doc. Stamps: SPECIAL WARRANTY DEED OF DONATION THIS SPECIAL WARRANTY DEED OF DONATION, made this j L4 4X—day of 11Ao0Q,W,0C, 201/,Iby FLORIDA POWER AND LIGHT COMPANY, a Florida corporation, whose mailing address is 700 Universe Boulevard, TAX/JB, Juno Beach, Florida 33408, hereinafter called "Grantor", to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27`h Street, Vero Beach, Florida 32960, hereinafter called "Grantee". Whenever used herein the terms "Grantor" and "Grantee" include all the parties to the instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires. WITNESSETH: That Grantor, for and in consideration of the sum of $1.00, donative and other consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, donates, aliens, remises, releases, conveys, and confirms unto Grantee all that certain parcel of land, situate in Indian River County, Florida, as more particularly described on the attached Exhibit "A", which exhibit is incorporated and made a part hereof (the "Property"). GRANTOR HEREBY RESERVES, to itself its successors and assigns, an easement forever on, over, under across and through the Property at the locations shown on the attached Exhibit "A" for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, anchors, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within such easements, together with the right to permit any other person, firm or corporation to attach wires to any of Grantor's facilities hereunder and to lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said easement areas at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within such easement areas; to trim and cut and keep trimmed and cut all dead, weak, leaning 94 dangerous trees or limbs outside of the easement areas which might interfere with or fall upon the lines or systems of communications or power transmission or distribution. SUBJECT TO reservations, restrictions, rights-of-way and easements of public record, all applicable governmental zoning and land use ordinances, restrictions and prohibitions and other requirements imposed by governmental authority; and taxes and.assessments for all subsequent years. TOGETHER with all the tenements, hereditaments and appurtenances there to belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to donate and convey said land, and hereby specially warrants the title to the Property and will defend the same against the lawful, claims of all persons whomsoever claiming by, through or under the Grantor, but against no others. (Signature page follows) 35 IN WITNESS WHEREOF, said Grantor has caused this Special Warranty Deed of Donation to be executed as the day and year first above written. Signed, sealed and delivered in the presence of.-. mI- .. .FHA-� = Printed Name �K:� Witness Si WW HUH Printed Name FLORIDA POWER & LIGHT COMPANY, A Florida Corporation By: -- Timothy O ' _ , Vice President of Corporate Real Estate ACKNOWLEDGEMENT STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this jeday of /V 2018; by Timothy Oliver, Vice President of Corporate Real Estate of FLORIDA POWER & LIGHTCOMPANY, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that he was duly authorized so to do. (Notary Seal) p'©! NulaR Fub:ic state of Ftorfd� si o f4tichelte P;4 Kahrrann ti?y Commission F= 9014&3 ' �oFr1p' Ecpires0y;i8!?-0}5 o- " 'mak' *a` a '•:s ---- RA AAA. - NOTARY PUBLIC, STA#0F FLORIDA My Commission Expires:g ll —Ail 8 36 IN WITNESS WHEREOF, the Board has accepted this Special Warranty Deed for.right- of-way as of the Effective Date. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Bob Solari, Chairman BCG Approved: Attest: -Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney Approved: By Jason E. Brown County Administrator 37 "EXHIBIT A" LEGAL DESCRIPTION BEING A PORTION OF TRACT 12, SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS CO. SUBDIVISION PLAT BOOK 2, PAGE 25, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 15; THENCE SOUTH 8938'29" EAST, ALONG THE 1/4 SECTION LINE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 50.00 FEET TO THE SOUTH RIGHT—OF—WAY OF 4th STREET (A 100.00 FOOT WIDE RIGHT—OF—WAY); THENCE SOUTH 89'38'29" EAST, ALONG THE SOUTH RIGHT—OF—WAY OF 4th STREET, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE SOUTH 8938'29" EAST, ALONG THE SOUTH RIGHT—OF—WAY OF 4th STREET, A DISTANCE OF 586.00 FEET; THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 60.00 FEET; THENCE NORTH 89'38'29" WEST, A DISTANCE OF 586.00 FEET; THENCE NORTH 00'09'35" EAST, A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT—OF—WAY OF 4th STREET AND THE POINT OF BEGINNING. CONTAINING 0.807 ACRES, MORE OR LESS. RESERVING UNTO THE GRANTOR THE FOLLOWING DESCRIBED EASEMENT No. 1 FOR ELECTRIC UTILITY IMPROVEMENTS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 89'38'29" EAST, A DISTANCE OF 59.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89'38'29" EAST, A DISTANCE OF 10.00 FEET; THENCE PARALLEL WITH THE WEST LINE OF SAID PARCEL SOUTH 00'09'35" WEST, TO THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 60.00 FEET, THENCE ALONG SAID SOUTH LINE, NORTH 89'38'29" WEST, A DISTANCE OF 10.00 FEET; THENCE PARALLEL WITH SAID WEST LINE NORTH 00'09'35" EAST, TO SAID NORTH UNE, A DISTANCE OF 60.00 FEET TO THE PLACE AND POINT OF BEGINNING. RESERVING UNTO THE GRANTOR THE FOLLOWING DESCRIBED EASEMENT No. 2 FOR ELECTRIC UTILITY IMPROVEMENTS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE ALONG THE NORTH LINE OF SAID PARCEL SOUTH 89'38'29" EAST, A DISTANCE OF 379.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89'38'29" EAST, A DISTANCE OF 11.24 FEET, THENCE SOUTH 27'31'01" WEST, TO THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 67.44 FEET; THENCE ALONG SAID SOUTH UNE, NORTH 89'38'29" WEST, A DISTANCE OF 11.24 FEET; THENCE NORTH 27'31'01" EAST, TO SAID NORTH LINE, A DISTANCE OF 67.44 FEET TO THE PLACE AND POINT OF BEGINNING. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD. a`,¢`tFraeares+,�sl, tNO�'KRNAN'r:•'•�C��� DATE FloridaofesSJor�dt�SuNe�No ��tt�er REVISION: ADDED EASEMENT RESERVATION JDJ 9-17-2018 Fl�$rtyf�cate•No.;�y9A REVISION: ADDED BURIED ELECTRIC LINE GLM 8-14-2017 Poge 1 of 2 CULPEPPER & TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981 151 SW FLAGLER AVENUE • STUART, FLORIDA 34994 41 PHONE 772 464 3537 • FAX 772-464-9497 • www.ct-eng.com SLATE OF FLORIDA CER111iCA110X No. IA 4286 RIGHT-OF-WAY 4th Street DESCRIPTION JOB NO: 16-169s&d rw 4th st SCALE N/A DRAWN BY:GLM DATE: 04-21-2017 "EXHIBIT A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION EAST UNE OF SECTION 16 THIS IS NOT A SURVEY I WEST UNE OF SECTION 15 WEST DIKE I.R.F.W.C.D. 150.00' RIGHT-OF-WAY EAST RIGHT -OF -WA PROPOSED 98th AVENUE GRAPHIC SCALE 100 o so 100 (IRF►') 1 Inch = loo tL PORTION OF TRACT 12, INDIAN RIVER FARMS CO. SUBDIVISION PLAT BOOK 2, PAGE 25 LYING IN ST. LUCIE COUNTY NOW INDIAN RIVER COUNTY, FLORIDA ABANDONED CITRUS GROVE WEST 1/4 CORNER SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST 16 O a O ? C) w m W �� S00'09'35"W W 50.00' 00 SO �. n S$9 38'29 E — 60.00' I N00'09'35" 60.01 10' EASEMENT' RESERVATION 10' UE O.R.B. 887, PAGE 2723 PUBLIC RECORDS OF INDIAN RIVER COUNTY BE = BURIED ELECTRIC TOB = TOP OF BANK O.R.B. = OFFICIAL RECORDS BOOK I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT UE = UTILITY EASEMENT POB = POINT OF BEGINNING POC POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH LINE OF THE SOUTHWEST. 1/4 OF SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST HAVING A BEARING OF S89'38'29"W INDIAN RIVER FARMS CO. SUBDIVISION 10' EASEMENT' RESERVATION No. 2 10' UE O.R.B. 887, PAGE 2720 PUBLIC RECORDS OF INDIAN RIVER COUNTY S00'09'35"W CULPEPPER & TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981 151 SW FLAGLER AVENUE • STUART, FLORIDA 34994 PHONE 772.4643537 . FAX 772-4649497 • www.ct-eng.com STATE. Or FLORIDA CERiIPICA'IION No. LB 4286 I, E afio_So01 $ II 60.00' o Sooro9W I o) ( o i ( 00 Q L0 cnI O CNI I" CO co 1= M z NIU) O co 1"'dom POB POC(EASE EI RESERVATIONS) w a a a 0 D N � m W 0 ,rima U tnN ro o: 5 Z a 0 z SOUTH' RIGHT-OF-WAY 2of2 RIGHT-OF-WAY 4th Street SKETCH OF DESCRIPTION JOB NO: 16-189adtd rw 4th at SCALE:1"=100' DRAWN BY: GLM DATE: 04-21-2017 "EXHIBIT A" LEGAL DESCRIPTION BEING A PORTION OF TRACT 12, SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS CO. SUBDIVISION PLAT BOOK 2, PAGE 25, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 15; THENCE SOUTH 89.38'29" EAST, ALONG THE 1/4 SECTION LINE, A DISTANCE OF 150.00 FEET, THENCE SOUTH 00.09'35" WEST, A DISTANCE OF 50.00 FEET TO THE SOUTH RIGHT—OF—WAY OF 4th STREET (A 100.00 FOOT WIDE RIGHT—OF—WAY) AND TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 89'38'29" EAST. ALONG THE SOUTH RIGHT—OF—WAY OF 4th STREET, A DISTANCE OF 60.00 FEET; THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 783.30 FEET; THENCE NORTH 89'38'29" WEST, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT—OF—WAY OF INDIAN RIVER FARMS WATER CONTROL DISTRICT (I.R.F.W.C.D.) (A 150.00 FOOT WIDE RIGHT—OF—WAY); THENCE NORTH 00'09'35" EAST, ALONG THE EAST RIGHT—OF—WAY OF INDIAN RIVER FARMS WATER CONTROL DISTRICT, A DISTANCE OF 783.30 FEET TO THE SOUTH RIGHT—OF—WAY OF 4th STREET AND THE POINT OF BEGINNING. CONTAINING 1.079 ACRES, MORE OR LESS. RESERVING UNTO THE GRANTOR THE FOLLOWING DESCRIBED EASEMENT No. 1 FOR ELECTRIC UTILITY IMPROVEMENTS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE ALONG THE WEST LINE OF SAID PARCEL SOUTH 00'09'35" WEST, A DISTANCE OF 153.50 FEET TO THE POINT OF BEGINNING; THENCE PARALLEL TO THE NORTH LINE OF SAID PARCEL, SOUTH 89.38'29" EAST, TO THE EAST LINE OF SAID PARCEL, A DISTANCE OF 60.00 FEET; THENCE ALONG SAID EAST LINE, SOUTH 00'09'35" WEST, A DISTANCE OF 10.00 FEET; THENCE PARALLEL SAID NORTH LINE, NORTH 8938.29" WEST, TO SAID WEST LINE, A DISTANCE OF 60.00 FEET; THENCE ALONG SAID WEST LINE, NORTH 00'09'35" EAST, A DISTANCE OF 10.00 FEET TO THE PLACE AND POINT OF BEGINNING. ALSO, RESERVING UNTO THE GRANTOR THE FOLLOWING DESCRIBED EASEMENT No. 2 FOR ELECTRIC UTILITY IMPROVEMENTS: COMMENCING AT THE NORTHWEST CORNER OF THE, ABOVE DESCRIBED PARCEL; THENCE ALONG THE WEST LINE OF SAID PARCEL SOUTH 00'09'35" WEST, A DISTANCE OF 440.70 FEET TO THE POINT OF BEGINNING; THENCE PARALLEL TO THE NORTH LINE OF SAID PARCEL, SOUTH 89.38'29" EAST, TO THE EAST UNE OF SAID PARCEL, A DISTANCE OF 60.00 FEET, THENCE ALONG SAID EAST UNE, SOUTH 00'09'35" WEST, A DISTANCE OF 150.00 FEET; THENCE PARALLEL SAID NORTH LINE, NORTH 89'38.29" WEST, TO SAID WEST UNE, A DISTANCE OF 60.00 FEET; THENCE ALONG SAID WEST UNE, NORTH 00.09'35" EAST, A DISTANCE OF 150.00 FEET TO THE PLACE AND POINT OF BEGINNING. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD. L cl TOVyA IeRNA 2����a DATE Profe&i ;ciltW �� 44apper Florida CerilNddtA W0 6199 REVISION: ADDED EASEMENT RESERVATIONS JDJ 9-17-2018 REVISION: ADDED BURIED ELECTRIC LINE GLM 8-14-2017 Page 1 of 2 V� CULPEPPER & TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET . FORT PIERCE, FLORIDA 34981 151 SW FLAGLER AVENUE • STUART, FLORIDA 34994 PHONE 772-4643537 . FAX 772-4649497 . www.ct-mg.com STATE OF FLORIDA CERnFICAMN No. 11$4286 RIGHT-OF-WAY 98th Avenue DESCRIPTION No: 16-189.&d m 98th ave SCALE:N/A RAWN BY: GLM I DATE: 04-21-2017 1 "EXHIBIT A" 1/4 SECTION UNE SECTION 15, 16 15 ______ TOWNSHIP 33 SOUTH, RANGE 38 EAST I DATE: 04-21-2017 S89'38'29 E 150.00 1 __—_ — 100.00' RIGHT -OF- AY S8938'29"E ! (REFERENCE BEARING) AKA (4th STREET 60.00' SOUTH 3 I ,'�-RIGHT-OF-WAY S00'09'35"W — ---- ------ LEGAL DESCRIPTION 50.00' POB li- POC(EASEMENT — — WEST 1/4 CORNER I RESERVATIONS) GATE M SECTION 15, M TOWNSHIP 33 SOUTH, ; 0 o LO RANGE 38 EAST ►� OSED 60' POB(1) ul 4th ST°� GHT OF -WAY o o m 10' UE 00 0 60.00' O o O.R.B. 887, PAGE 2720 10' UE Ln O O PUBLIC RECORDS OF O INDIAN RIVER COUNTY O.R.B. 887, PAGE 2723 60.40' 8918 29"W PUBLIC RECORDS OF INDIAN RIVER COUNTY i 10' EASEMENT N !i1 RESERVATION No. 1 in CULPEPPER & TERPENING, INC CONSULTING ENGINEERS ( LAND SURVEYORS 2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981 151 SW FLAGLER AVENUE • STUART, FLORIDA 34994 PHONE 7724643537 • FAX 772.4649497 . �.ct-engxom 51'Alli OF FLORIDA CFMIMC\110\ No. Ili 4286 Page 2 of 2 RIGHT-OF-WAY 98th Avenue SKETCH OF DESCRIPTION JOB NO: 16-189s&d rw 98th aA SCALE; 1"=100' 41 DRAWN BY. -GLM I DATE: 04-21-2017 SKETCH TO ACCOMPANY ! EAST 3 RIGHT-OF-WAY 3 LEGAL DESCRIPTION li- THIS IS NOT A SURVEY N 3 M o M ( ►� o o m 0 00 ABANDONED CITRUS GROVE Ln _Y rl PORTION OF TRACT 12, INDIAN RIVER FARMS CO. SUBDIVISION z! N !i1 O in o w$ ;� c0 PIAT BOOK 2, PAGE 25 - r7 ! LYING IN ST. LUCIE COUNTY NOW �I uo w 01 rn INDIAN RIVER COUNTY, FLORIDA of o o a GRAPHIC SCALE 100 0 50 100 z POB(2) 60.00 VI:ZIN rm w o O :2 1 loch - 100 & I O O O NCO F- to to W> 7 _ W O N 89'38'29" .60_00' BE = BURIED ELECTRIC TOB = TOP OF BANK O.R.B. = OFFICIAL RECORDS BOOK I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT UE = UTILITY EASEMENT POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST HAVING A BEARING OF S89'38'29"W FENCE 3.0— N89'38'29"W OUTSIDE 60,00' PROPERTY SOUTH LINE OF TRACT CULPEPPER & TERPENING, INC CONSULTING ENGINEERS ( LAND SURVEYORS 2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981 151 SW FLAGLER AVENUE • STUART, FLORIDA 34994 PHONE 7724643537 • FAX 772.4649497 . �.ct-engxom 51'Alli OF FLORIDA CFMIMC\110\ No. Ili 4286 Page 2 of 2 RIGHT-OF-WAY 98th Avenue SKETCH OF DESCRIPTION JOB NO: 16-189s&d rw 98th aA SCALE; 1"=100' 41 DRAWN BY. -GLM I DATE: 04-21-2017 SQUIRE PATTON BOGGS (US) LLP 1900 Phillips Point West 777 South Flagler Drive West Palm Beach, FL 33401 Attention: Gregory E. Young, Esq. Parcel ID: 333 8150000101200000 l .010 KNOW ALL MEN BY THESE PRESENTS: RELEASE NO. 1026-R-138 WHEREAS, the Florida Power & Light Company (hereinafter called FPL), a corporation of the State of Florida, executed and delivered to Bankers Trust Company (now known as Deutsche Bank Trust Company Americas) and The Florida National Bank of Jacksonville, as Trustees, its Mortgage and Deed of Trust dated January 1, 1944, officially recorded in the Indian River County Public Records in Mortgage Book 26, page l,. as supplemented, (which Mortgage and Deed of Trust, as so supplemented, is hereinafter referred to as the Mortgage and Deed of Trust) and the property hereinafter described is subject to the lien of said Mortgage and Deed of Trust; and WHEREAS, Bankers Trust Company (now known as Deutsche Bank Trust Company Americas) and Florida National Bank, as Trustees, did execute as of the 23`d day of November 1973 a Notice Under Marketable Record Titles to Real Property Act, Florida Statutes, Chapter 712, as to said Mortgage and Deed of Trust, as supplemented, and did cause said Notice to be recorded on the 20th day of December 1973 in Official Records Book 454, page 302, of the Public Records of Indian River County, Florida; and WHEREAS, pursuant to and in compliance with the Mortgage and Deed of Trust the Co -Trustee resigned effective September 2, 1992, and all the right, title and powers of the Trustees under the Mortgage are now held by the Corporate Trustee; and WHEREAS, Deutsche Bank Trust. Company Americas, as Corporate Trustee, did execute as of the 18th day of November 2003 a Notice Under Marketable Record Titles to Real Property Act, Florida Statutes, Chapter 712, as to said Mortgage and Deed of Trust, as supplemented, and did cause said Notice to be recorded on the I Oth day of December 2003 as Official Records Book 1669, page 1506 of the Public Records of Indian River County, Florida; and WHEREAS it.has been certified to the Corporate Trustee that FPL is not in default in the payment. of the interest on any bonds outstanding under said Mortgage and Deed of Trust and that none of the defaults defined in Section 65 of said Mortgage and Deed of Trust has occurred; and WHEREAS, an, application of FPL for the release of the hereinafter described property free from the lien of said Mortgage and Deed of Trust pursuant to the provisions of Section 59 thereof has been made, and Deutsche Bank Trust Company Americas, as Corporate Trustee under said Mortgage and Deed of Trust, is in receipt of the Certified Copy of Resolutions, an Officers' Certificate, Engineer's Certificate and Further Engineer's Certificate, and Opinion of Counsel, all as required by the provisions of said Section 59; NOW, THEREFORE, Deutsche Bank Trust Company Americas, in consideration of the premises and pursuant to the authority vested in it as Corporate Trustee under said Mortgage and Deed of Trust, does hereby release, remise and quitclaim unto FPL all the right, title and interest of such Corporate Trustee in and to the following described real property situated in: 42 BEING A PORTION OF TRACT 12, INDIAN RIVER FARMS CO. SUBDIVISION PLAT BOOK 2, PAGE 25 LYING IN ST. LUCIE COUNTY NOW INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE WEST 1/4 CORNER OF SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89'38'29" EAST, ALONG I -HE 1/4 SECTION LINE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 50.00 FEET TO THE SOUTH RIGHT—OF—WAY OF 4th STREET (A 100.00 FOOT WIDE RIGHT—OF—WAY) AND TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 89'38'29" EAST, ALONG THE SOUTH RIGHT—OF—WAY OF 4th STREET, A DISTANCE OF 60.00 FEET; THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 783.30 FEET; THENCE NORTH 89'38'29" WEST, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT—OF—WAY OF INDIAN RIVER FARMS WATER CONTROL DISTRICT (I.R.F.W.C.D.) (A 150.00 FOOT WIDE RIGHT--OF—WAY); THENCE NORTH 00'09'35" EAST, ALONG THE EAST RIGHT—OF—WAY OF INDIAN RIVER FARMS WATER CONTROL DISTRICT, A DISTANCE OF 783.30 FEET TO THE SOUTH RIGHT—OF—WAY OF 4th STREET AND THE POINT OF BEGINNING. CONTAINING 1.079 ACRES, MORE OR LESS. BEING A PORTION OF TRACT 12, INDIAN RIVER FARMS CO. SUBDIVISION PLAT BOOK 2, PAGE 25 LYING IN ST, LUCIE COUNTY NOW INDIAN RIVER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE WEST 1/4 CORNER OF SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89'38'29" EAST, ALONG THE 1/4 SECTION LINE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 50.00 FEET TO THE SOUTH RIGHT—OF—WAY OF 4th STREET (A 100.00 FOOT WIDE RIGHT—OF—WAY); THENCE SOUTH 89`38'29" EAST, ALONG THE SOUTH RIGHT—OF—WAY OF 4th STREET, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE SOUTH 89'38'29" EAST, ALONG THE SOUTH RIGHT—OF—WAY OF 4th STREET, A DISTANCE OF 586.00 FEET; THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 60.00 FEET; THENCE NORTH 893829" WEST, A DISTANCE OF 586.00 FEET; THENCE NORTH 00'09'35" EAST, A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT—OF—WAY OF 4th STREET AND THE POINT OF BEGINNING. CONTAINING 0.807 ACRES, MORE OR LESS. TO HAVE AND TO HOLD the properties hereby released and remised to FPL, its successors and assigns, to its and their own proper use, benefit and behoof forever, free, clear and discharged of and from any and all liens and claims under and by virtue of said Mortgage and Deed of Trust. It is the intention of Deutsche Bank Trust Company Americas, the Corporate Trustee, as aforesaid, to fully release the above-described real property from the lien of the Mortgage and Deed of Trust as supplemented by all Supplemental Indentures thereto and consequently, if any Supplemental Indentures have been recorded prior to the recordation of this Release, then this instrument, intended to be a full and complete Release, shall operate to release said property from the lien of any such additional Supplemental Indenture or Indentures. PROVIDED, HOWEVER, that nothing herein contained shall be construed to affect the residue of the security held by Deutsche Bank Trust Company Americas, the Corporate Trustee, as aforesaid, by virtue of said Mortgage and Deed of Trust or to release the payment of any part of the monies, principal or interest, thereby secured and that may now remain unpaid. 43 2 The recitals herein contained are made by FPL and not by the Corporate Trustee and the Corporate Trustee assumes no responsibility in respect thereof. IN WITNESS WHEREOF, Deutsche Bank Trust Company Americas, as Corporate Trustee, has caused its corporate name to be hereunto affixed and this instrument to be signed by one of its Vice Presidents :5. And.its corporate seal to be ereunto affixed and attested by one of its. Vice Presidents in the City of New York, New York, as of thi. ° gj day of 2018. Witness as to execution by Deutsche Bank Trust Company Americas: Name: (pr;,,yli°5 Name: i (print))�� DEUTSCHE BANK TR ST COMPANY AMERICAS, AS CORPORATE TRUS By Name (print): d't✓l Title: Vice PresiderrO ATTEST: Name (print):) _. Title: Vice President 3 44 STATE OF NEW YORK ) SS COUNTY OF NEW YORK ) I A ? On the Lipday of _'--4,Itje 2018 before me personalrlx came to p�nown, who, being by me duly sworn, did depose and say that he she. esides at -)C:1 ;that hehhgAs a Vice President of DEUTSCHE BANK TRUST COMPANY AMERICAS, one of the corporations described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order. I HEREBY CERTIFY that on thisNd.ay of,:;k'KAA-82018 before me personally appeared /` i gel UkA-e- A Vice President of DEUTSCHE BANK TRUST COMPANY AMERICAS, a corporation under the laws of the State of New York, to me known to be the persons described in and who executed the foregoing instrument and severally acknowledged the execution thereof to be their free act and deed as such officers, for the uses and purposes therein mentioned; and that they affixed thereto the official seal of said corporation, and that said instrument is the act and deed of said corporation. WITNESS my signature and official seal at New York, in the County of New York and State of New York, the day and year last aforesaid. My Commission Expires: O� 4C/ Notary Public V State of New York HOI YAN YAU NOTARY PUDUC. STATE OF NEW YORK Regisumon No. OIYA6234184 Qudified in King Comity Commission Expires July OSS, 2020 45 This instrument Prepared;. Patricia Lakhia, Esquire Florida Power & Light Company 700 Universe Blvd, LAW/JB Juno Beach, FL 33408 And Return Following Recording to; Parcel 11X# 3338150001012000001.0 EASEMENT. (Corporate) 'The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, a Florida corporation, whose address is P.O. Box 14000, Juno Beach, Florida 33408-0420 and to its affiliates, licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, anchors, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement varying in width described as follows: See Exhibit "A" attached hereto and made a part hereof ("Easement Area") Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and the right of ingress and egress at all times for personnel and equipment of Grantee, its contractors, agents, successors or assigns over the adjoining lands of the Grantor, for the purpose of exercising and enjoying the rights granted by this easement; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. (Signature and acknowledgment on next page.) Form 3722 46 IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal this day of , 2018. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA through its Board of County Commissioners Bob Solari , Chairman BCC approved: APPROVED AS TO FORM AND • AL OWCIENC B WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY The foregoing instrument was acknowledged before me this day of , 2018 by Bob Solari , Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, who is personally known to me. NOTARY PUBLIC printed name: Commission No.: Commission Expiration: 2 47 "EXHIBIT A" LEGAL DESCRIPTION EASEMENT No. 1 FOR ELECTRIC UTILITY IMPROVEMENTS: .BEING A PORTION OF TRACT 12, SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS CO. SUBDIVISION PLAT BOOK 2, PAGE 25, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 15; THENCE SOUTH 89'38'29" EAST, ALONG THE 1/4 SECTION LINE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 50.00 FEET TO THE SOUTH RIGHT—OF—WAY OF 4th STREET (A 100.00 FOOT WIDE RIGHT—OF—WAY); THENCE SOUTH 89'38'29" EAST, ALONG THE SOUTH RIGHT—OF—WAY :OF 4th STREET, A DISTANCE OF 119.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89'38'29" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 00'09'35' WEST, A DISTANCE OF 60.00 FEET; THENCE NORTH 89'38'29" WEST, A DISTANCE OF 10.00 FEET, THENCE NORTH 00'09'35" EAST, A DISTANCE OF 60.00 FEET TO THE PLACE AND POINT OF BEGINNING. EASEMENT No. 2 FOR ELECTRIC UTILITY IMPROVEMENTS: .BEING A PORTION OF TRACT 12, SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS CO. SUBDIVISION PLAT BOOK 2, PAGE 25, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 15; THENCE SOUTH 89'38'29" EAST, ALONG THE 1/4 SECTION LINE, A DISTANCE OF 150.00 FEET, THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 50.00 FEET TO THE SOUTH RIGHT—OF—WAY OF 4th STREET (A 100.00 FOOT WIDE RIGHT—OF—WAY); THENCE SOUTH 89'38'29" EAST, ALONG THE SOUTH RIGHT—OF—WAY OF 4th STREET, A DISTANCE OF 439.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89'38'29" EAST, A DISTANCE OF 11.24 FEET; THENCE SOUTH 27'31'01" WEST, A DISTANCE OF 67.44 FEET; THENCE NORTH 89'38'29" WEST, A DISTANCE OF 11.24 FEET, THENCE NORTH 27'31'01" EAST, A DISTANCE OF 67.44 FEET TO THE PLACE AND POINT OF BEGINNING. NOTE: THIS IS. NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD. e��•,` Pg P KiFR ��i i 0.2.,5E N`'�a' • /��� . LS6199 e '• ?' •a`�—_ THa�I%�1 1 NAt0ploppero� DATE Professfditp1 Florida Certi A 6199 CULPEPPER & TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET. FORT PIERCE, FLORIDA 34981 151 SW FLAGLER AVENUE • STUART, FLORIDA 34994 PHONE 772-4643537 . FAX 772-464-9497 . www.ct-eng.com STATE> OI' FLORIDA CEBTIE'ICAIION No. LB 4286 1 of 2 Easements 4th Street DESCRIPTION JOB N0: 16-189.&d 4th st astute SCALE: N/A 48 DRAWN BY:JDJ I DATE: 9/17/18 "EXHIBIT A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY UNE OF WEST DIKE I.R.F.W.C.D. 150.00" RIGHT-OF-WAY EAST RIGHT -OF PROPOSED 98th AVENUE —60' RIGHT-OF-WAY— WEST 1/4 CORNER SECTION 15,, TOWNSHIP 33 SOUTH, RANGE 38 EAST O TO ZO W M. S00'09'35"W a 50.00' vC, EAST HAVING A BEARING OF S89'38'29"W INDIAN RIVER FARMS CO. SUBDIVISION CULPEPPER &. TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981 151 SW FLAGLER AVENUE • STUART, FLORIDA 34994 PHONE 772464-3537 . FAX 772-464-9497 . www.ct-cng.cc)m 57.4TF. Of FLORIDA URTIFICA170N Na IS 4786 ft 29" 119. 16 0 �v8ia ZMM �a In zlig F= I< WOK U, r It �S89'38' 29" 439.25' 3� I W in oa S SOUTH 0 rn s inN in N V �0. � a UNN M �g �a a 0 z -WAY Page 2 of 2 Easements 4th Street SKETCH OF DESCRIPTION JOB NO: 16-189s$d 4th at esmts SCALE:,'=100' 49 DRAWN BY:JDJ DATE: 9/7/18 311 NOO109'35'E li P( N O00 60.00 W 0, o N GRAPHIC SCALE 0 60.00 0 V) 100 0 5o 100 z SOO'09'35'W m I 10' EASEMENT I) ( IN M) RESERVATION No. i 1 inch = 100 R I I PORTION OF TRACT 12, I QI INDIAN FARMS C O. SUBDIVISION PLS BOOK 2,AGE II LYING IN ST. LUCIE COUNTY NOW W INDIAN RIVER COUNTY, FLORIDA� O ABANDONED CITRUS GROVE I � 0 x 10' UE 0. O.R.B..887, PAGE 2723 PUBLIC RECORDS OF INDIAN RIVER COUNTY 3 4�':i, N • s�� BE = BURIED ELECTRIC n 1' P( TOB = TOP OF BANK W O.R.B. = OFFICIAL RECORDS BOOK z S2j ;r N I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT 07 UE = UTILITY EASEMENT 10' EASEMENT I POB =POINT OF BEGINNING RESERVATION No. 2 I m POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE RELATIVE TO 10' UE THE NORTH UNE OF THE SOUTHWEST 1/4 OF O.R.B. 887, PAGE 2720 SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 PUBLIC RECORDS OF INDIAN RIVER COUNTY EAST HAVING A BEARING OF S89'38'29"W INDIAN RIVER FARMS CO. SUBDIVISION CULPEPPER &. TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981 151 SW FLAGLER AVENUE • STUART, FLORIDA 34994 PHONE 772464-3537 . FAX 772-464-9497 . www.ct-cng.cc)m 57.4TF. Of FLORIDA URTIFICA170N Na IS 4786 ft 29" 119. 16 0 �v8ia ZMM �a In zlig F= I< WOK U, r It �S89'38' 29" 439.25' 3� I W in oa S SOUTH 0 rn s inN in N V �0. � a UNN M �g �a a 0 z -WAY Page 2 of 2 Easements 4th Street SKETCH OF DESCRIPTION JOB NO: 16-189s$d 4th at esmts SCALE:,'=100' 49 DRAWN BY:JDJ DATE: 9/7/18 "EXHIBIT A" LEGAL DESCRIPTION EASEMENT No. 1 FOR ELECTRIC UTILITY IMPROVEMENTS: BEING A PORTION OF TRACT 12, SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS CO. SUBDIVISION PLAT BOOK 2, PAGE 25, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 15; THENCE SOUTH 89'38'29" EAST, ALONG THE 1/4 SECTION LINE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 00'09'35" WEST, A DISTANCE OF 203.50 FEET TO THE POINT OF BEGINNING; THENCE PARALLEL WITH THE SOUTH RIGHT—OF—WAY LINE OF 4TH STREET, SOUTH 89'38'29" EAST, A DISTANCE OF 60.00 FEET; THENCE PARALLEL TO THE EAST RIGHT—OF WAY OF THE WEST DIKE OF THE I.R.F.W.C.D., SOUTH 00'09'35" WEST, A DISTANCE OF 10.00 FEET, THENCE NORTH 89'38'29" WEST, A DISTANCE OF 60.00 FEET TO SAID EAST RIGHT—OF—WAY; THENCE ALONG SAID EAST RIGHT—OF—WAY, NORTH 00'09'35" EAST, A DISTANCE OF 10.00 FEET TO THE PLACE AND POINT OF BEGINNING. EASEMENT No. 2 FOR ELECTRIC UTILITY IMPROVEMENTS: BEING A PORTION OF TRACT 12, SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER FARMS CO. SUBDIVISION PLAT BOOK 2, PAGE 25, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 15; THENCE SOUTH 89'38'29" EAST, ALONG THE 1/4 SECTION LINE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 00'0935" WEST, A DISTANCE OF 490.70 FEET TO THE POINT OF BEGINNING; THENCE PARALLEL WITH THE SOUTH RIGHT—OF—WAY UNE OF 4TH STREET, SOUTH 89'38'29" EAST, A DISTANCE OF 60.00 FEET; THENCE PARALLEL TO THE EAST RIGHT—OF WAY OF THE WEST DIKE OF THE I.R.F.W.C.D.,. SOUTH 00'09'35" WEST, A DISTANCE OF 150.00 FEET, THENCE NORTH 89'38'29" WEST, A DISTANCE OF 60.00 FEET TO SAID EAST RIGHT—OF—WAY; THENCE ALONG SAID EAST RIGHT—OF—WAY, NORTH 00'09'35" EAST, A DISTANCE OF 150.00 FEET TO THE PLACE AND POINT OF BEGINNING. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT—OF—WAY AND/OR EASEMENTS OF RECORD. P5PK16 e 8 .•'ase N�;� ��,'vATV oeLS6199 �° •' TH09jgS 1 C, 4 141w 2(� . DATE Professill j 080 Mapper Florida CerlmatclNt08199 CULPEPPER & TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOUTH 25th STREET . FORT PIERCE, FLORIDA 34981 151 SW FLAGLER AVENUE • STUART, FLORIDA 34994 PHONE 772-4643537 . FAX 772-4649497 • www.ct-eng.corn STATE OF (FLORIDA C17tTIFICA110N N.. 1.B 4286 1 of 2 Easements 98th Avenue DESCRIPTION JOB NO: 16-18991bd 98th aye eamte SCALE. N/A DRAWN BY- JDJ DATE 7/17/18 100' DRAWN BY: JDJ DATE: 7/17/18 ' "EXHIBIT A" 1/4 SECTION UNE SECTION 15, IEi 15 33 SOUTH. ----__—_-- }--__—__ S8938 29"E l50.0057' --'V _____ ; --- ----TOWNSHIP _ RANGE 38 EAST I R_FG-H-- ,__ t00.00' RIGHT -OF- AY-�— (REFERENCE BEARING) I AKA .(4th STREET P C I SOUTH RIGHT-OF-WAY i S00'09'35"W - - — - - - — — - — - WEST 1/4 CORNER I 203.5°' 10' UE SECTION 15, O.R.B. 887, PAGE 2720 - TOWNSHIP 33 SOUTH, ; PUBLIC RECORDS OF RANGE 38 EAST I POB(1) INDIAN RIVER COUNTY PROPOSED 80' Qcc 4th ST RIGHT-OF-WAY 0 60.00' o n to' UE O p r 60.,90° do O.R.B. 887, PAGE 2723 PUBLIC RECORDS OF Z N89'38 29W O p INDIAN RIVER COUNTY i N 10' EASEMENT RESERVATION No. 1 I r SKETCH TO ACCOMPANY } 3 S°°'09'35"W 0 1 LEGAL DESCRIPTION 0 o I 490.70' (L 0 1HIS IS NOT A SURVEY S2 ui 9 D_ I ,b ; Y o o O ABANDONED CITRUS GROVE 0 3 � ,oI^ co PORTION OF TRACT 12, N LZ INDIAN FARMS CO. zi r=- BOOK 2, PAGE 2SUBDIVISION PLATRIVER LYING IN ST. LUCIE COUNTY NOW LI Q o INDIAN RIVER COUNTY, FLORIDA in, U. '38'" S8929E GRAPHIC SCALE OIo 60.00' 100 0 So 100 z_J z POB(2) / ' J O I I 1.' I O w� O t� 3 I F- N W d. O (IIF FWT p 1 in=h = 100 S �z L !") Qrf - W ] LO p) pw 0) C) w' b O-� EAST Z O V) RIGHT-OF-WAY ' ' •' BE = BURIED ELECTRIC BE 60.00 8938'29°W = TOP OF BANK i O.R.B. = OFFICIAL RECORDS BOOK I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT UE = UTILITY EASEMENT POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 33 SOUTH, RANGE 38 EAST HAVING A BEARING OF S89'38'29"W FENCE 3.0'— OUTSIDE PROPERTY SOUTH LINE OF TRACT1 i TRACT 13, INDIAN RIVER FARMS CO. SUBDIVISION Page 2 of 2 CULPEPPER TERPENING, INC 98th Avenue CONSULTING ENGINEERS LAND SURVEYORS SKETCH OF DESCRIPTION 1 2980 SOUTH 25th STREET • FORT PIERCE, FLORIDA 34981 151 SW FLAGLER AVENUE • STUART, FLORIDA 34994 PHONE 772-464-3537 • FAX 772-464-9497 • www.ct-eng.com STATE OP FLORIDA CERTIFICATION \n. LB 4286 stole SCALE:1'=Easements JOB N0: 18-189>� 98th =ve � s Ls 100' DRAWN BY: JDJ DATE: 7/17/18 Dylan Reingold, County .-attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner,. Assistant County Attorney 'r Consent Agenda — B. C C 12.11.18 . Offz of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: December 3, 2018 SUBJECT: Friends of the Morningside Dock, Inc. License Agreement BACKGROUND. ATTORNEY On July 18, 2016, Indian River County entered into a license agreement with the Friends of the Morningside Dock, Inc., which allowed the non-profit entity to construct and maintain a common dock facility for personal use immediately west of Jungle Trail near Morningside Drive (the "License Agreement"). Per section 9 of the License Agreement, the License Agreement terminated upon disincorporation of the Friends of the Morningside Dock, Inc., "unless a successor corporation or other entity approved by the County enters into a license agreement for the usage of the dock facility containing covenants and agreements similar to this license agreement within ninety (90)days of disincorporation of Licensee." Unfortunately, the Friends of the Morningside Dock, Inc. was administratively dissolved by the State of Florida. On November 16, 2018, the Friends of the Morningside Dock, Inc. was reinstated. However, since the Friends of the Morningside Dock, Inc. was dissolved for more than 90 days, the County Attorney's Office believes that the best way to resolve the issue is to have the Friends of the Morningside Dock, Inc.. enter into a new license agreement with the same terms as set forth in the License Agreement. The Friends of the Morningside Dock, Inc. has executed the attached new license agreement and has provided the necessary insurance documentation. FUNDING. The Friends of the Morningside Dock, Inc. will pay $10 plus appropriate sales tax per year and the cost of recording of the, license agreement. RECOMMENDATION. The County Attorney recommends that the Indian River County Board of County Commissioners approve the license agreement with the Friends of the Morningside Dock, Inc. ATTACHMENT License Agreement F: Aft—WVi d.16ENERALIB CCUg M. Xk..Wo W.Ssid, Do k.d— 52 LICENSE AGREEMENT This agreement made and entered into this day of , 2018 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as "County" and FRIENDS OF THE MORNINGSIDE DOCK, INC„ whose mailing address is 1010 Morningside Drive, Vero Beach, Florida 32963, hereinafter "Licensee". WITNESSETH: That, in consideration of the following covenants and agreements, the parties hereto state as follows: 1. Indian River County is the presumptive holder of riparian rights to the Indian River Lagoon lying westerly of Morningside Drive and Jungle Trail by virtue of the Road Right -of -Way Deed to Indian River County recorded in O. R. Book 309, Page 179, Public Records of Indian River County, Florida, a copy of which is attached hereto and made a part hereof ("Right -of -Way Property"), said property being depicted as Tract A within the plat of Riverside Estates, recorded in Plat Book 5, Page 50, Public Records of Indian River County, Florida, a copy of which is attached hereto. 2. Licensee is a non-profit corporation organized by residents of Morningside Drive to construct, maintain, and insure a common dock facility for the personal use of members of the Licensee, without excluding cooperating members of the general public. 3. Licensee has sought permission to utilize the riparian Land. immediately west of Jungle Trail and the Right -of -Way Property for the 1 53 construction of a common dock facility as described above. By seeking. such permission, Licensee does not waive or concede any riparian rights it might possess. 4. County agrees to allow Licensee to utilize said dock as a common dock facility for personal recreational use for Licensee and its members and guests, but not excluding the general public. This right shall not be assignable, nor shall Licensee rent the dock to third parties; 5. Licensee agrees to pay County $10.00 plus applicable sales tax on July 18th of each year for the right of Licensee and its members and guests to utilize said dock for the purposes stated herein; 6. Licensee agrees to hold County harmless from any damages arising out of the use of County riparian land for the purposes of accessing the Lagoon by any member of Licensee's or members' families or their guests. This indemnification shall be by means of an insurance policy naming Indian River County as an additional insured in the amount of $300,000.00 liability insurance; 7. Licensee agrees that no boat maintained at said dock be permitted to be moored or docked for more than 72 hours or 3 consecutive nights at any time. 8. Licensee agrees that the County may make annual inspections of the dock facility licensed. Licensee further agrees to correct any maintenance deficiencies which could have an adverse impact on health or safety within thirty (30) days of notification of any such deficiencies identified by an annual inspection; 2 54 9. The parties agree that this license agreement shall terminate upon disincorporation of the Licensee, at which time any dock improvements under this license shall become: the property of County, unless a successor corporation or other entity approved by the County enters into a license agreement for the usage of the dock facility containing covenants and agreements similar to this license agreement within ninety (90) days of disincorporation of Licensee. 10. This license agreement may also be terminated by County if condition 4 or covenants 5, 6, 7 or 8 above are violated and not corrected within the time specified (in covenant 8) or within a reasonable time (covenants 5, 6, and 7). Licensee may terminate this agreement upon sixty (60) days' written notice to Indian River County. Any event of termination shall cause any and all dock improvements to become the property of Indian River County; 11. This license agreement shall be recorded in the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, County and Licensee have caused this agreement to be signed in their respective names. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Bob Solari, Chairman Approved as to form and iciencyr By: Dy an Reingold, County Attorney Approved: By: Jason E. Brown, County Administrator BCC approved: 3 6k Witnesses: signature: printed namek-SAKd---% t. !±ZLkt FRIENDS OF THE MORNINGSIDE DOCK, INC. ` signature: 414L By: ��Tc,cw ' printed name: , ' f Garrett M. Donlin, President 56 ;4 - THIS DEED made this ,? TO HAVE AND TO HOLD THE SAME, together with the appurten- ances thereto belonging forever, and the parties of the first part will defend the title thereto against all persons claiming by, through, or under the said ; parties of the first part. IN WITNESS WHEREOFsai)d parti�of .the f ri st part ha ve hereunto set their hands and seals, j > U. CL_" � Signed, Sealed and Delivered ! (SEAL) in the Presence of: II� times owl l = G' !-.• Cc C= y ,r (SEAL) Violet F. Lowry (SEAL) (SEAL) (SEAL) (SEAL), Signature of TWO.witnesses required (SEAL) by Florida law. a1 C, STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me personally 'appeared James S• Lowry and Violet F. owry. s wi e, to me known to be the individual described in and who executed the foregoing Deed and acknowledged before me that they executed the same for the purposes l _ .the,rai:n_.expres sed. WITNESS my hand and official seal this day of February 1969 �^•.(tj0TA9Y;;PtJ8LIC SEAL) 'Rotary Public in and for the County and t': ,.•� State aforesaid Aur h, (y.,. w. s'TAU OF FLOnWA At LArHL l4.,.. ..My Commission Expire S%j ccmmwsiuN LXPIREs Honk. za, 1972 �bNoca 1"RoYOM I."D W. Olasrs'"00s% STATE OF COUNTY OF Before me personally appeared to be known to be the individual described in and who executed the foregoing Deed and acknowledged before me that executed the same for the purposes therein expressed.. WITNESS my hand and official seal thi 196___ day of (NOTARY PUBLIC SEAL) Notary Public in and for the County and State aforesaid My Commission Expires: OFFICIAL RECORD Book 309 PAA80 N i al -Ala vi WO S agE• sY • d sp7a= .3 IS. � a ^ No '] s �r g.i aEO• «� 3AV•N101(91VMI 310NIN3S)��� a F:i i a i q Y 1 a I $ z S a 7 G � [ 6 =:lin •.`�~. � N 1 F •1 :♦ E L •.�LE :Q W pdq r I C'M '~ f ^ W W 1 a � Si q•� CC W amp y fi' a^!•YS . z z ''0 1 yppy 3l i s s Cp S isp 13 41 t d'o aE �_ �Ya =•�sr 3 • •s o 3nlaoa; --�� a 379NgP .r,-, gq- � iF< a3Ala NVIONI 5 is:: i E INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Acquisition — 66th Avenue Widening Project Owner: Robert K. Scheefer & Linda J. Scheefer 6650 65th Street, Vero Beach, FL 32967 DATE: November 28, 2018 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition for the planned improvements of 66th Avenue between.49th Street — 69th Street. The proposed improvements include widening the existing two-lane roadway to a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. Robert K. Scheefer & Linda J. Scheefer own a 4.71 acre parcel which is zoned A-1. To accommodate the future planned improvements on 66th Avenue, the County needs to acquire the 0.12 acres of the parcel for right-of-way purposes and needs a 10 foot Temporary Construction Easement. The County obtained an appraisal of the property indicating a value of $10,000.00. Land Value Part Taking $ 3,000.00 Estimated Value of Improvements $7,000.00 Total Just Compensation $10,000.00 The County offered $10,000.00 for the 0.12 acres of right-of-way. The Scheefer's attorney Warren W. Dill counter -offered with $18,250.00 ($15,000.00 for 0.12 acres of right-of-way, $1,500.00 forthe Temporary Construction Easement and $1,750.00 for attorney's fees. Afterseveralmonthsofnegotiationsallparties agreed on $18,250.00. FUNDING Funding for the ROW and attorney fees in the amount of $16,750 is budgeted and available in Account No. 10215241-066120-07806, Traffic Impact Fees/District 2/ROW/66th Avenue (49th St - 69th St). Forthe temporary construction easement funds in the amount of$1,500 are budgeted in Account No. 10215241- 066510-07806, Traffic Impact Fees/District 2/Construction In Progress/ 66th Avenue (49th St - 69th St). RECOMMENDATION Staff recommends the Board approve the Purchase Agreement of $15,000.00 for the 0.12 acres of property located at 6650 65th Street, Vero Beach, FL 32967, approve the $1,500.00 for the Temporary Construction Easement and $1,750.00 for attorney's fees, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement Temporary Construction Easement APPROVED AGENDA ITEM FOR: December 11, 2018 60 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND ROBERT K. SCHEEFER AND LINDA A. SCHEEFER THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2018, by and between Indian River County, a political subdivision of the State of Florida -("the County"), and Robert K. Scheefer and Linda A- Scheefer ("the Seller) who agree as follows: . t-5' WHEREAS, Seller owns property located at 6650 65th Street, Vero Beach, Florida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements on 66th Avenue between 49th Street and 81St Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order, for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 5,327 square feet or 0.12 acres of property as depicted on Exhibit "B", .and WHEREAS, the County also needs a 10 foot Temporary Construction Easement (TCE) from Seller as described on Exhibit "C" attached to facilitate the Project, and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 6650 65th Street, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 5,327 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 61 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $15,000.00 (Fifteen Thousand and 00/100 Dollars) plus $1,500.00 will be paid for a 10 foot Temporary Construction Easement as described on Exhibit "C" attached, and $1,750.00 in attorney's fees. The total paid on the Closing Date will be $18,250.00. The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 2.2 The Seller agrees that the purchase price ("Purchase Price") of $15,000.00 will cover all project impacts including relocation of the irrigation system. 2.3 The Seller will relocate the fence within 60 days' notice that the County has gone out to bid on the 66th Avenue road improvements. 2.4 At the time of road construction, the County will install a 24' wide concrete driveway to seller's property, a copy of the construction plans showing the 24' enlarged driveway are attached to this Agreement as Exhibit "D". 2.5 The County will issue a zoning confirmation letter in recordable form stating that the remaining property after the take, although less than 200,000 sq. ft. is a legal lot in the A-1 zoning district. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the 2 62 sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. 3 63 (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 8. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance With the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 4 64 9.3 Assignment and Binding Eq ffect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Robert & Linda Scheefer 69 Beaver Pond Way Saranac Lake, NY 12983 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in. connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement maybe executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This. Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the 65 general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman Approved by BCC ATTEST:' Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved: Jason E. Brown, County Administrator K. Scheefer UYJ� /t Linda A. ScheWer Date Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney no 66 EXHIBIT "A" Affidavit of Exemption from Subdivision Improvements with a Plat f3 ing for Gore., as recorded in Official Records .Book 1905, Page 72, Public Records of Indian River County, Florida, more Particularly describe As follows The South 770.4.faet of the East 266:35 feet of the following described. parcel The West 10 acres of the East 3.0 acres of -.Tract 8, Section 7, Township 32 South, Aange 39 East, according to the last general plat of lands of the Indian Rive= Farms Co.,, filed in Plat Book 2; Page 25, Public Reco=ds.of St. Lucia County, Florlda, now Indian River County, Florida, Less the South 60 feet thereof for road Right of way: Commonly known as: 6650 65th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-07-00002-0000-00002.0 7 67 TRACT 7 0 200' 400' GRAPHIC SCALL ZOO' EXHIBIT "B" LEGAL DESCRIPTION RIGHT OF WAY PARCEL THE NORTH 20.00 FEET OF THE SOUTH 80 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1998, PAGE 624, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PARCEL 2 AFFIDAVIT OF EXEMPTION FROM SUBDIVISION IMPROVEMENTS WITH A PLAT FILING FOR GORE, AS RECORDED IN OFFICIAL RECORDS BOOK 1905, PAGE 72, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, MORE PAR71CULARLY DESCRIBED AS FOLLOWS: THE SOUTH 770.4 OF THE EAST 266.35 FEET OF THE FOLLOWING DESCRIBED PARCEL• THE WEST 10 ACRES OF THE EAST 30 ACRES OF TRACT 8, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF.THE INDIAN RIVER FARMS COMPANY FILED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, CONTAINING 5,327 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. wZiw Z 1. z gD HU F—U w� wif-r PROPOSED 50' RIGHT OF WAY TRACT 8 32390700002 000000002.0 ORB 1998, PG 624 65th STREET 120'- 5,327 SQ.FT. 0.12 ACRES PARCEL 307 0' TCE / INDIAN RIVER FARMS CO. PLAT BOOK 2, PAGE 25 (ST. LUCIE) 66th AVENUE PARCEL 307 I I I IN I � o ILO I 0 3 ZD o zw r W it V) Z)z aw IQ ID IWIo� I Iww N IQIN ' ao T a of F m a EXISTING I I I I R/W UNE 50' 50' EAST QUARTER CORNER SECTION 7-\ CALCULATED ED RIGHT OF WAY LL O Q = 0 H w UA O 0 n } Z C) F- 10 Z Zw0 OVU aa..QtY EEa> CO of Q J � d Z w J r z — :T LINES - - 60'- - 80 SOUTH LINE N.E. QUARTER OF SECTION TN - o SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. - 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION 8. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. -4) THIS DRAWING IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY. FLORIDA. — — — — 66TH AVE. BASELINE F_ t 3 R d o FDOT 50' WIDE R/WI PER R/W MAP SECT. I LEGEND 88530-2250 �R - SECTION LINE I I I I — — EASEMENT LINE 7bfs ce Ufl— that a legal desMption and sketch of the property shown ^ al PROPERTY LINE hereon was made under my wparWs1hn and that this legal description and sketch meets the standards of practice set forth by the F7ordo Sfi PROPOSED RIGHT OF WAY �ws uppers In Chapter Sh17, Florida Board ofprofessfonol Serve and M op — - - DEDICATION RIGHT OF WAY LINE Administrative fade, pursuant to Section 472027, Rarldo Statute% and that this drawing 6 o true and anisate representothn thereof to the . $ F best of my knowledge and belief. Subject to notes and notatloms shown P.O.C. POINT OF COMMENCEMENT herein. H. P.O.B. R/W POINT OF BEGINNING RIGHT OF WAY �!'?� r Lr C_ ' a - v ORB OFFICIAL RECORDS BOOK EC OEUDD? P.S.N. Na 5179 8 $ PG PAGE DATE-- ' TCE TEMPORARY CONSTRUCTION EASEMENT Not wl7d without the signature and the origlnal:ralsed sea] of o Aor da e ji7eerased sw-iayvr and mapper. Drewing nam. N:\M_Swv Wt0AN RIVER CD\GB7H AVENUE\2017-0112 — Rereed Per IRC\PARCEL 307—Rd, 307 Jon 13, 2017 2:18p. by. 0...k Do "EXHIBIT D" 69 SS-2DZA SS-c'Yl2@ 55-202 55-2080 S-203 ♦ •04 STA. 189155.76.17.07' LT STA. 189f99.70,1750' LT ONfTT£D STA 189N6.04, 37.67' LT STA. 190+96.98,18.50' LT CONST. 4:1 MES CONST. 4:1 UES CONST. TYPE C' DBI CONST. Al NES INDEX NO. 273 INDEX NO. 273 - PER FDOT INDEX 232 INDEX N0. 273 END CONSTRUCTION OF STABILIZED ROADWAY FL INV. - 18.60 FL INV. - 18.60 ORATE EL. - 19.90 FL INV. - Moo S. INV. = 15.70 BEGIN PAV l N CONSTRUCTION TIE TO BOTTOM = 13.70 STA. 187+98.04,14.00' RT EXIST. CONST, 36 LF 0 to 40 FENCE OF IB' RCP CONST. CONC. FLARED CONST. 4' 8AR8 8 �10' TCE (TYP.) TURNOUT FEDI p p WIRE FENCE Y V -- — — + ,7 f -PROP. R& LINE SS-20PC EL. P1.60 O p CONST. 5' S10EWALX p 7 EL 19.5 b EL 18.5 __ _ , — - — ELl9 5_ _ .� _ — _ — _ _._. - --- 55-202A _ _ b I I �pp N Q Q V) —_—_— --- ------------589`10'26 E--'----- 4 d-�`- x I CONST. 80 IF MURPHY RES�RVATIDH _ . CONST ' PA D Sf1L4R... _ — . OF Itj� RCP L _�-_ _...v;; ~ V1 ,I VAR`EXISr. RAM LINE --I- ? ti t72 - yy 5 8 10 25 E '/4 SECTION LINE '?I L17N5T. fLARED £ND EL. Z/.2Twe r.._ 10' TO BE RELOCATED CONST. URBAN FLARED " Bl OTHERS fTYP.! CONST. TYPE 'F'TURNOUT -+WII CONST. STABILIZED TURNOUT (TYP.1 CURB & GUTTER,� CONST. RUBBLE RIP RAP STABILI2ATION UURPIN RESERVATION REFER TO DETAIL EXIST, RTW LINE CONST. 10 LF OF 18' CAP ' W/ CONC' COLLAR OUT FALL INV. = 15.60 26 2g — — — — 4 2 a _ 2 P LLE ORA X ME exp4t, ERFP - - - - - �------ - - - - - - - - - - XIS GR E INEB' P SS- SSL+/ 38�8 6 5AD IZ.: P =govE r.:1 - 4 00"7 189 Q0. l90 00 /91 2 REVISIONS K„1 K MUNTY BOARD OF CIOUN'TY COMMINIONERS 65E! STREET sNEET No. T E 1 BY MSCRIPTIONMANMER PLAN & PROFILE 6616 AVENUE ROADWAY WIDENING - PHASE M 4M SMEET 7V 69[6 STREET 55 69 S -2p 5-203 � 5-20 5® 5-20 5-20 SrA. !91+01 JB 45.00' IT CONST. STRA�GHT CONC. STA. 191+48.93.19.01' IT OMITTED STA. 193+50.0919.60 LT STA. 193+50.00. qT STA. 195+06,55. LT STA. 195+06.55. RT I' ENDWAGL CONST. 4Y MES CONST. TYPE OBI CONST. P-6 INLET CONST. P-5 INLET CONST. P-5 /N1ET INDEX NO.250 INDEX NO. 273 INDEX NO. 232 INDEX NO. 2N INDEX NO. 28 INDEX NO. 2/1 FL INV. = ff.OD FL INV. - 19.00 GRATE EL. - 19.80 EP. EL. - 20.53 EP. £L. - 21.35 £P. EL. = 21.11 .w S: INV. = 16.45 N. INV. = 16.55 S. INV. - 16.80 N. INV. - 16.90 CONST. STABILIZED DRIVEWAY E. INV. = 16.45 BOTTOM EL. - 14.55 E. INV. - 16.60 BOTTOM £L. = 14.90 CONST. 52 LF OF BOTTOM EL. - 14.45 W. INV. = 15.80 p Ip 40 14'X23' ERCP BOTTOM EL.- 14$0 .� + . IO' TOE ITYP.) CONST 4' TIE TO EXIST. �15=TOE (TYP.) FBOI S-20)13 110. + EL_21.00 � W000 FENCE FENCE - , _ _ O / TO EXIST. — — CONST. 154 LF O O F£NC PROP. R/W LINE OF l8' RCP CONST. FLARED END O CONST. ASPHALT TURNOUT O pOI 'h `- CONST. 5' PAVED MURPHY RESERVATION S- / L CpN ST TYPE 'p'ujl SS -203 //— � / S-� LURB & GUTTER SHLDR. E' yy J _________-____________---________ . �O � 19 RCP 16' PGL 196 CONS: 280 IF �' _OF1� 8CP Q -+ B..+; ��� -—= -----_ w w ? CONST. 88 FLS—_y -1B / -J— .� ? OF RCP EXIST, RTW LINE O7REff5 M lk- 5 89' IO' 25' E SECTION CINE CONST. TYPE 'F'—~ MURPM' RESERVATION CURB 6 GUTTER — I_ c M CONST. 10 IF Of !B' CAP C _ . CONST. URBAN FLARED W/ CONC. COLLAR cma 72 OUTFALL INV. - 15.50 EXIST. RAY LINE I TURNOUT fTYP.I CONST. RUBBLE RIPRAP STABILIZATION. REFER i0 DETAIL 2 — EVES E X- 04 6 rR 4 R a + 22 PR)FIfE GRADE INE+ W + —102 f 11000' 0.300Y. f+1,9.400% ---- - - - - - - - - - ------ - - 0 RC .XIS .GR E INE -20 ® J . S 3 - IBi RC e — 18' — lB RCP — 18 RCP J 6 LE HOR . T -Sc 1. 00 92 00 I !93 00 94 00 195 0 196 00 2 REVISIONS i<imley>>>Horn ,�, MRIANMVER COUNTY BOARD OF COUNTY G10MMlSSIONBRS GSfh STREET SHEET NO. R T R, T "d AVENUE ROADWAY WIDEMNO - PLAN & PROFILE PHASE M ♦W A S7WEr 719 69x6 STREBT 56 70 TCE — 66th Avenue Roadway Widening - Project #1505 PID# 32-39-07-00002-0000-00002.0 Project 1505 - Parcel #307 — Robert K. Scheefer & Linda A. Scheefer Prepared by and return to: IRC -PW -mf 1801 27th Street, Vero Beach, FL 32960-3388 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, made and executed this &: day of M, C--M�- , 2018, by Robert K. Scheefer & Linda � Scheefer whose address is 69 Beaver Pond Way, Saranac, N.Y. 12983 hereinafter called GRANTOR ,to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of FIFTHTEEN HUNDRED DOLLARS and other consideration,' receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF This easement is for the purpose of all construction incidentals, such as; grading, sloping, sodding, clearing, excavating, dredging, etc. This easement shall exist only until the completion of the construction work for the 66th Avenue Project No. 1505. IN WITNESS WHEREOF the GRANTOR has ,herein set its hand and seal the day and year first above written. Signed, sealed, and delivered in the presence of: Witness Signature / Printed Name:e,,oCl - f" Witness Signature -_� Printed Name:,-__ L.`r�� STATE OF FLo &-;14 } COUNTY OFT44A Pve4 l Grantor Signatur Printed Name: Robert K. ScheefeK Grantor Signature Printed Name: Linda). Sche fer The foregoing instrument was acknowledged before me this 2018, by Robert K. Scheefer & Linda & Scheefer, he/she produced driver's license as idoOdios&OA * — Printed name & 2 Ci day of _ ('Y)J ec YI)pff , is personally known to me or wON -41 NO, ENKA 'Al • Approved as to Form and Legal Sufficiency: County Attorney 71 Sketch and Lega/Description for. /ND/ANR/VER COUNTY Legal Description (Temporary Construction Easement 307) BEING THE NORTH 10.0 FEET OF THE SOUTH 90.0 FEET OF THE FOLLOWING DESCRIBED PARCEL, AS RECORDED IN OFFICIAL RECORD BOOK 2906, PAGE 2381, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2 AFFIDAVIT OF EXEMPTION FROM SUBDIVISION IMPROVEMENTS WITH A PLAT FILING FOR GORE, AS RECORDED IN OFFICIAL RECORD BOOK 1905, PAGE 72, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 770.40 FEET OF THE EAST 266.35 FEET OF THE FOLLOWING DESCRIBED PARCEL: WEST 10 ACRES OF THE EAST 30 ACRES OF TRACT 8, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST,, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN PLAT BOOK 2, PAGE 25., PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW INDIAN RIVER COUNTY, FLORIDA, LESS THE SOUTH 60 FEET THEREOF FOR ROAD RIGHT OF WAY.. CONTAINING 2.664 SQUARE FEET (0.06 ACRES), MORE OR LESS EXHIBIT "C" Survevor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Sketch and Legal Description prepared by Kimley Hom for Indian River County, Job No. 1505, Dated January 12, 2017. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. K 0 Legend and Abbreviations Certification C.R. = COUNTY ROAD (NOT VALID.WITHOUT THE SIGNATURE AND ORIGINAL I.R.F.W.C.D. = INDIAN RIVER FARMS RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) o WATER CONTROL DISTRICT W L =LENGTH OF ARC I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY Z LLC = LIMITED LIABILITY COMPANY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID 2 O.R.B. = OFFICIAL RECORD BOOK SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND s (P) = PLAT BELIEF. c� P.B. = PLAT BOOK z PGE = PAGE I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PBS = PLAT BOOK ST. LUCIE PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF 5 SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FL ADMINISTRATIVE CODE, a =DELTA ANGLE SQ. FT. R = SQUARE FEET = RANGE PURSUANT TO SECTION 472.027 FLORIDA STATE STA E . RAN = RIGHT-OF-WAY T = TOWNSHIP DAT OF SIGNATURE AVID H ER PROFESSIONAL SURVEYOR AND MAPPER i FLORIDA CERTIFICATE NO. 4864 :• AULNUT: SND/AN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENG/NEER/NG D/1! •18 A 1 OF 2 NOB NO: 1505 Sketch and Legc?1 Description for.- /NDIANR/VER COUNTY (6650 65th STR,EET� 72 Sketch and Legal Description fora /ND/ANR/VER COUNTY I I _ _ 1 , RIGHT OF WAY LME 1 y 65th STREET ' (SOUTH WINTER BEACH ROAD) SOUTH LINE OF THE NORTHEAST 1/4 SECTION 7 M ; AND SOUTH UNE TRACK 8 SUB -LATERAL "A-12" CANAL ' RIGHT OF WAY UNE Legend and Abbreviations C.R. =COUNTY ROAD 1 , WEST 10 ACRES OF EAST 30 ACRES TRACT 8' i ------------ ------------------------------------------------ WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET 1 = LENGTH OF ARC R I 1 LLC = LIMITED LIABILITY COMPANY R/W INDIAN Rf VER FARMS COMPANY O.R.B. = OFFICIAL RECORD BOOK Tract 8 = TOWNSHIP (PBS Z PGE 25) = PLAT 1 32-39-07-00001-0080-00001.0 32-39-07-00002-0000-00002.0 EICHELBERGER EUGENE M SCHEEFER ROBERT K. AND LINDA J SITE ADDRESS: 6700 65th STREET SITE ADDRESS: 6650 65th STREET i O.R.B. 1815, PG. 2397 O.R.B. 2906, PG. 2381 PARCEL 1 I PARCEL 2 T�`�• 32-39-07-00002-0000-00001.0 RUST GARY M. AND LINDA M , SITE ADDRESS: 6680 65th STREET O.R.B. 2938, PG. 2400 EAST 266.35' I 1 ---------------------------------------------------PROPOSED -------- TEMPORARY CONSTRUCTION 1 EASEMENT 307 ; 2664 Sq.Ftf 1 NORTH 10'---i ; I I _ _ 1 , RIGHT OF WAY LME 1 y 65th STREET ' (SOUTH WINTER BEACH ROAD) SOUTH LINE OF THE NORTHEAST 1/4 SECTION 7 M ; AND SOUTH UNE TRACK 8 SUB -LATERAL "A-12" CANAL ' RIGHT OF WAY UNE Legend and Abbreviations C.R. =COUNTY ROAD PBS = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET L = LENGTH OF ARC R =.RANGE LLC = LIMITED LIABILITY COMPANY R/W = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK NOT TO SCALE PGE = PAGE AGENCY: INDIAN RIVER COUNTY,, FL P118LX WORAS DEPT./ENG/NEER/NG DIY.. 4/24/18 NAPF /A OB. 2 OF 2 Slretch and Legal Description for. lND/ANR/VER COUNTY (6650 65t17 STREET) 73 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., County Engineer FROM: William Johnson, P.E., Roadway Production Engineer SUBJECT: Amendment No. 2 to Agreement for Professional Services with Bowman Consulting Group, Ltd. 58th Avenue Reclamation 57th Street to 85th Street (IRC -1325) DATE: November 30, 2018 DESCRIPTION AND CONDITIONS On May 23, 2017, the Board of County Commissioners approved an Agreement for Professional Services with Bowman Consulting Group, Ltd for design and construction services for 58th Avenue Pavement Reclamation and Resurfacing from 57th Street to 85th Street. On June 12, 2018, the Board of County Commissioners approved Amendment No. 1 to provide design of a directional drill water main relocation and to provide construction services for the installation of the directional bore. During the design process, it was determined that the County's Communications Fiber Network within the project limits required replacement due to obsolescence. The purpose of Amendment No. 2 is to provide design of a communication network throughout the project limits. This will allow the new signals at 57th Street and 69th Street to be connected to the Traffic Operations Center at Building "A". The new project construction scheduled is anticipated forearly 2019. The Engineering Department negotiated lump sum for Amendment No.2 is $24,695.00. FUNDING Funds forthis project are available from Secondary Roads—Road Resurfacing -58th Avenue Resurfacing -57th to CR510 Account No. 10921441-053360-16023. RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No.2 for a lump sum fee of $24,695.00 and requests the Board of County Commissioners authorize the Chairman to execute Amendment No. 2 on their behalf. ATTACHMENT Amendment No. 2 with Bowman Consulting Group, Ltd. AGENDA ITEM FOR DECEMBER 11, 2018 74 C:\Users\legistarWppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940EB7D5\@BCL@940EB7D5.doc SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN INDIAN RIVER COUNTY AND BOWMAN CONSULTING GROUP, LTD THIS SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN INDIAN RIVER COUNTY AND BOWMAN CONSULTING GROUP, LTD ("Second Amendment") is entered into as of the _ day of December, 2018 by and between Indian River County, a political subdivision of the State of Florida, whose address is 180127 1h Street, Vero Beach, Florida, 32960 ("County"), and Bowman Consulting Group, LTD., a Virginian corporation authorized to do business in Florida, whose address is 3863 Centerview Drive, Suite 300, Chantilly, VA 20151 (the "Consultant"). RECITALS WHEREAS, on May 23, 2018, County and Consultant entered into an Agreement for Professional Services for design and construction services for 58th Avenue Pavement Reclamation and Resurfacing from 57th Street to 85th Street (the "Agreement"); and WHEREAS, on June 12, 2018, the County and Consultant entered into a First Amendment to the Agreement for preparation of waterline designs; bid services, construction engineering services and project turnover of utility relocations associated with the construction of 58th Avenue Pavement Reclamation and Resurfacing from 57th Avenue to 85th Street/CR 510; and WHEREAS, County and Consultant desire to amendment the Agreement to include design of the communication network throughout the project; and NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Amendment of Section 5 Compensation. The first sentence of Section 5 — Compensation is amended to read as follows: "The COUNTY shall pay to Consultant the mutually agreed professional fee of FOUR HUNDRED SIXTY-EIGHT THOUSAND FORTY-NINE DOLLARS ($468,049.00) for Services rendered for the Project, to be paid in monthly installments or a deliverable basis as set forth in the Exhibits." 3. Exhibit "C" to the Agreement shall be revised to include Attachment "1" to this Second Amendment. 4. All other provisions of the Agreement shall remain in full force and effect. Page 1 of 2 75 IN WITNESS WHEREOF, County and Consultant have executed this instrument this _ day of December, 2018. BOWMAN CONSULTING GROUP, LTD 4450 W. Eau Gallie Boulevard, Suite 232 Melbourne, Florida 32934 go Robert A. Hickey, Secretary WITNESSED BY: Approved as to Form and Legal Sufficiency Dylan Reingold County Attorney Jason E. Brown, County Administrator Page 2 of 2 INDIAN RIVER COUNTY, FLORIDA Lo Bob Solari, Chairman Board of County Commissioners Approved by BCC, Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk 76 Bowman C O N S U L T I N G ATTACHMENT 1 November 9, 2018 Mr. William Johnson, P.E. Roadway Production Engineer Indian River County 1801 27th Street —Building A Vero Beach, FL 32960 RE: IRC 1325 — 5811 Avenue FDR, Proposal for Additional Engineering Services Dear Mr. Johnson: Bowman Consulting Group has reviewed the plan review comments and based on our meeting of September 13,2018, we respectfully submit this proposal for additional services based on changes in scope of the project.. A portion of the County identified work is constructability review comments and Will be handled at no additional charge. However, a portion of the work involves a change in scope and we are requesting additional compensation for this work. This proposal covers the additional work that Bowman and Lassiter Transportation Group will perform. No other subconsultants are involved with this request. We received a list of comments from the County and have reviewed the list, sorted and combined the comments that result in additional services, where applicable. This list was reviewed with the County to assure we understood the scope of work required to be performed and to see if there were things that could be done to streamline the work and reduce cost. The following list is for Bowman Consulting only and the proposed work to be performed by Lassiter is included in a separate proposal attached hereto. SCOPE OF SERVICES Item No. Comment Issue 10 Update Util Details (3/18) No charge 18 Utility Coordination We have sent out utility notices as a part of the contract. Meeting Some utilities never responded. Adding meetings including coordinate, attend and memorialize 1 meeting, Engr 4hr 20 Project Layout Requires modifying the phasing plan. We are closing streets in sections to give the contractor the whole street to work with due to reprofiling the street and changing grades. Streets will be open to local traffic and emergency vehicles. The County desires the 69th Street work to be completed as early in the project as possible. Phasing Plan only: Engr 2hrs + CAD 2hrs 22 Silt Fence out of Clear After review with the County it was determined the only Zone change to the SWPPP drawings is to remove the silt 4450 W. Eau Gallie Blvd., Suite 232, Melbourne, FL 32934 77 Page 2 November 9, 2018 fencing around the culvert inlets at 58 Ave/62 Lane. No Charge 21, 23, 24, Revise Begin Project Revise Plan & Profile, Intersection and cross section sheets to reflect new limits of work. Approach is to leave sheets in and gray out NIC. Revise drawings including revise typical details for new limits, redesign conforms quantities, cost estimates. Engr 16hrs + CAD 24hrs 33 Ditch Bottom Inlet The County has decided that the existing headwall will be removed and a new junction structure added and pipes connected at this location. It was agreed that this design modification will be detailed on the road plan sheets with control elevations and construction notes only, no profiles or cross sections are proposed Engr 2 + CAD 3hr 34 Directional Drill Fiber After review with the County, it was determined that the best approach for this location is to shallow the conduit up to go over the existing culverts. No Charge. 35, 42, 52 Up Date 85th St Design conforms and change work limits, ramps and other Intersection items that have changed with the right turn lane. Engr 1hr+ CAD 4hr 34, 43, 51 Fiber Optic The County confirmed that the bury depth be 3' of cover on the conduits. As the depth of these conduits now conflict with existing piping, the alignment will be redesigned to provide more clearance with existing facilities. Engr 16hr + CAD 48hr Design Driveways at Ball Driveway extension including storm drains, County to Field provide connecting grades. Impacts, quantities, costs plan sheets. No Charge. Total Engr hrs = 41hr x 150$/hr = $6,150 Total CAD hrs = 81hr x 105$/hr = $8,505 Page 3 November 9, 2018 COMPENSATION We will provide the requested services on a Lump Sum Cost, with estimated task breakdown below: Additional Design Services: Task Design Services Fee Bowman As listed in the above table $14,655 Lassiter As listed in the attached proposal $10,040 Mark up on Subconsultants $0 Total $24,696 Sincerely, Eric L. Flavell; PE,—F-ASCE Project Manager/Senior Engineer Bowman Consulting 321.270.8993 eflavellabowmanconsulting.com 79 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Maria Resto, Emergency Services Manager Department of Emergency Services DATE: , November 27, 2018 SUBJECT: AK Associates Contract for 911 Call Taking Equipment It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Since the completion of the E911 Call Taking Equipment upgrade in 2011, AK Associates, the factory certified regional service partner, has provided basic maintenance for the system. This includes basic repair work for the main controller and servers at the Emergency Operation Center, Sheriff's Office, City of Vero Beach Police Department and City of Sebastian Police Department. To comply with new mandatory technological upgrades and to improve quality of services the 911 Division is working on various projects, including the implementation of Text -to -911, wireless location quality improvement and the implementation of next generation core services infrastructure. The estimate for future labor and training costs associated with these projects totals $89,900 and it is not covered under AK Associates basic maintenance services. The proposed Elite Premier Maintenance Contract includes free labor costs for expansion, moving of equipment and installation of upgrades for the 911 system. Additionally, the contract includes maintenance of all 911 Equipment, including mapping, recorders, selective routers, and ALI databases. It should be noted that this is a maintenance contract only, and therefore will not cover the costs of software or hardware upgrades from associated vendors. Training for primary and secondary Public Safety Answering Points may be requested throughout the life of the contract at no additional cost. The contract will also include an onsite technician twice a week performing preventive maintenance for all 911 -associated equipment. Preventive maintenance allows the 911 -service provider to find and repair issues before the system actually has an issue that results in lost calls. It should be noted that the County currently has no onsite technician and 80 response time for major outages is within two hours. AK Associates effectively streamlines vendor relations by becoming the sole coordinator responsible for customer support; thereby reducing delays for repairs or installations. FUNDING: Funding for the proposed contract in the amount of $89,900, is budgeted and available in the 911 Surcharge Fund/Communication Center/Maintenance-Other Equipment (Account Number 12013325-034690). RECOMMENDATION: Staff recommends the Board waive the requirements for bids, and approve AK Associates Elite Premier Contract for maintenance of 911 Call Taking Equipment. ATTACHMENTS: Purchase, Installation and Maintenance Service Contract between Indian River County and AK Associates 2. Text -to -911 Quote from AK Associates Geo Diverse Guardian with Hardware Refresh Quote from AK Associates 4. AK Associates Sole Source Letter 81 PURCHASE, INSTALLATION AND M' ATNTENANCE SERVICE CONTRACT Elite Premier Purchase, Installation and Maintenance Service This Agreement is entered into between Indian River County, 4225 43rd Ave, Vero Beach, FL 32960 a political subdivision of the State of Florida, (hereinafter called "County") and Kraus Associates Inc., d/b/a AK .Associates, 326 Porta Rosa Circle, St Augustine, FI. 32092 (hereinafter called "Contractor"), It is agreed between "County" and "Contractor" as follows: AK ELITE PREMIER INSTALLATION AND MAINTENANCE SERVICE "Contractor" agrees to sell and provide, and .the "County" agrees to purchase and accept; in accordance with the terms and conditions set forth below, Contractor's Elite Premier Installation and Maintenance Service for the Hardware and Software licensed to the "County". COVERAGE: The Solacom Guardian 911 system Hardware and Software eligible for maintenance and support is listed in the Contractor's Proposal# AK071017-300b and AK083017-300b. Document, for all 911 system upgrades shall be furnished to "County" under Manufacturer's Warranty and/or this Agreement. Maintenance and Service Locations: Indian River County Sheriff's Office Primary PSAP located at IRCSO 4055 41" Street, Vero Beach, FL 32967 Vero Beach Police Department. Primary PSAP located at VBPD 1055.20th Street, Vero Beach, FL 32960 Sebastian Police Departinent.Priniary PSAP located at SBPD 1201 Main Street, Sebastian, FL 32958 Indian .River County Emergency Services. Backup PSAP located at IRCEOC 4255 43`d Avenue, Vero Beach, FL 32967 COSTS: AK Elite Premier Maintenance: _ X Elite Premier Service (labor only) Two day a week for six (6) hours per day Year I - $89,900.00 Year.2 - $89,901/.00 Year.3 - $91,500.00 Year 4 - $91,50!1,00 Year 5 - $93,9011.00 RE Note: The Solacom and Higher Ground Extended Warranty and/or Software maintenance shall be provided to the "County" without AK placing an additional mark- up on the services from the manufacturer. AK ELITE PREMIER MAINTENANCE SERVICE: AK Associates Elite Premier Maintenance service includes the following; This contract covers all installation and maintenance services for the Solacom Guardian and Higher Ground 911 Systems; furthermore includes any 911 equipment currently associated with "Contractor". Should "Contractor" require technical certification for future additional hardware or software not part of its association, then "County" shall reimburse "Contractor" for training costs. Telephone diagnostics will be done immediately upon receipt of service problem and if corrective action is needed it will be performed remotely or by an ori -site visit. In.addition this service provides weekly (two (2) days, and six (6) hours. per day per week) on-site preventive maintenance program, free AK Project Management (professional services) for system implementation support for all new technologies (such as NO Core Services), 9-1-1 equipment and CAD integration, etc. AK Elite Premier Maintenance • Response time for major outages is within two hours and response time for minor outages are four hours. Telephone diagnostics will be done immediately upon receipt of service problem. • Labor to install yearly scheduled upgrades. The "County'' and/or manufacture are responsible for all hardware, software, associated miscellaneous materials. • Includes daily remote preventive maintenance. If a problem is discovered during remote maintenance, it will be resolved either remotely or by a site visit. The circuit used for remote diagnostics is the responsibility of the "County", • WeekIy on-site preventive maintenance for Solacom Guardian and associated 9.11 equipment and network tow (2) days and six (6) hours per week. • Free Project Management (professional services) for system implementation support for NG 91.1 Core Services including text to and from 911, NG routing and database. • Training may be requested at no additional cost upon request of the "County" throughout the life of the contract. The "County" is responsible for all training materials supplied by after the initial training. • Access to AK ticketing system to view status of requested services and history of services provided by AK. • AK labor is included with AK Elite Premier Maintenance to install, relocate, change or remove any new or existing Solacom and/or additional equipment installed by AK Associates, including system upgrades, training, system reconfigurations, selective router programming, direct trunking and integration support Free Consulting Services on all equipment provided by AK Associates. 2 RN Note:. All hardware, softri=are and associated miscellaneous materials not covered under warramy or manufacturer's maintenance are the responsibilit} of the "County" andlor the equipment manufacturer. The "Contractor" is not responsible for hardware or :software, only the labor to maintain or install the hardhvare and software. ON-SITE TECHNICAL SERVICE SUPPORT: Two days per week on-site preventive maintenance service provided by assigned trained AK technicians to be scheduled weekly during business hours Monday through Friday except for approved "County" (State) Holidays, The on-site technician shall assist PSAPs and E911 Coordinator in providing any 911 related statistical or monthly status reports to the PSAP as needed. The on-site technician shall perform a quarterly review of all circuits and advise the E911 Manager of any changes. "Contractor" shall schedule staff to provide on-site technical support during an anticipated event such as a hurricane or other disaster or high-profile event at no additional cost to "County". "Contractor" will not call out any other service that will incur costs to the "County" without prior E911 Manager's consent. The AK technicians Will be on-site two days per week and will check in with each PSAP and the 911 coordinator each day and take direction from the 911 coordinator, REMOTE TECHNICAL SERVICE SUPPORT: 24 hour service performed by an AK Associate trained technician for all out of hours service problems. Response for major outages shall be within a maximum two hour time frame and for non -service affecting problems a four hours time frame. AK Associates shall provide the "County" with a current escalation list, including an $00 number for all service requests. TERM OF MAINTENANCE AGREEMENT; This Agreement shall commence on the date both parties execute this agreement and terminate five (S) years thereafter (the "Initial Term"), unless earlier terminated in accordance with the provisions of this Agreement. This Agreement shall be automatically renewed and continue in force on a year-to-year basis ('Extended Term") until terminated by either party upon a ninety days (90) days written notice to the other party prior to the expiration of the Initial Term or any subsequent Extended Term. The annual rate shall not increase more than 2% per year for additional years or a new fixed rate may be established between the "County" and the "Contractor". CONFIDENTIALITY. "Contractor" shall not disclose any confidential information concerning "County" or its affairs, unless required by law, or with the consent of "County". "Contractor" understands that "County" is a governmental entity and as such is prohibited by Florida laws from keeping the terms of this Agreement confidential should there be a request for said information. If required to disclose any such information, "Contractor" or "County", as appropriate:, shall give the other notice as soon as possible. 3 TERMINATION: The "County" shall have the right to terminate the agreement prior to the expiration date set forth in this contract as long as, the "County" provides ninety (90) days written notification of termination by registered mail in the, event the "Contractor" fails to perform or observe any covenant or obligation set forth in this Agreement regarding the maintenance of the Hardware and Software and the "County" has given "Contractor" 90 days prior written notice and "Contractor" has failed to cure within said time or the failure is one which cannot be cured within that time and the "Contractor" has failed to take reasonable steps toward said cure within ninety (90) days of notice from the "'County". The "Contractor is responsible to fax all issue within the (90) days unless the issue is completely out of the control of the "Contractor" and the issue is the responsibility of the County, 911 network provider, equipment manufacturer, etc. INSURANCE: The Vendor shall maintain at all times the following minimum levels of insurance and shall, without in any way altering its liability, obtain, pay for and maintain insurance for the coverage and amounts of coverage not less than those set forth. below. The Vendor shall provide the County original Certificates of Insurance satisfactory to the County to evidence such coverage before any work commences. The County shall be named as an additional insured on General and Automobile Liability, Professional Liability policies. General Liability and Workers' Compensation policies shall contain a waiver of subrogation in favor of Indian River County. The commercial General Liability Policy shall (by endorsement if necessary) provide contractual liability coverage for the contractual indemnity stated in Section 10, above. All insurance coverage shall be written with a company having an A.M. Best rating of at least the "A" category and size category of VIII. The Vendor's self-insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the County. 1n the event of any failure by the Vendor to comply with the provisions of this Section 11, the County may, at its option, upon notice to the Vendor suspend Vendor's performance of the Services for cause until there is full compliance. Alternatively, the County may purchase such insurance at the Vendor's expense, provided that the County shall have no obligation to do so and if the County shall do so, the Vendor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverage. Comprehensive Automobile liability Insurance. $1,000,000.00 combined single limit of liability for bodily injuries, death and .property damage resulting from any one occurrence, including all owned, hired, and non -owned vehicles. Commercial General Liability. $1,000.000.00 combined single limit of liability for bodily injuries, death and property damage, and personal injury resulting from any one occurrence, including the following coverages: Premises and Operations: Broad Dorm Commercial General Liability Endorsement to include Blanket Contractual liability (specifically covering, but not limited. to, the contractual obligations assumed by the Firm); Personal Injury (with employment and contractual exclusions deleted): and Broad Form Property Damage coverage. 85 Workers Comnensation. The Vendor shall provide, pay for, and maintain workers compensation insurance on all employees, its agents or subcontractors as required by Florida Statutes. Professional Liahilitv.S2,000,000.00 errors and omissions in providing professional technology services. INDEMNITY: Vendor to the maximum extent permitted by law, shall indemnify, defend (by counsel reasonably acceptable to County) protect and hold the County, and its officers, employees and agents harmless from and against any and all, claims, actions, causes of action, liabilities, penalties, forfeitures, damages, losses, and expenses (including, without Iimitation, attorneys' fees costs and expenses incurred during negotiation, through litigation and all appeals therefrom] whatsoever including, but not limited, to. those pertaining to the death of or injury to any person, or damage to any property, arising out of or resulting from (i) the failure of Vendor to comply with applicable laws, rules or regulations, (ii) the breach by Vendor of its obligations under this Agreement, (iii) any claim for trademark, patent or copyright infringement arising out of the scope of Vendor's performance or nonperformance of this Agreement, or (iv) the negligent acts, errors or omissions, or intentional or willful misconduct, of Vendor, its professional associates, subcontractors, agents, and employees provided, however, that Vendor shall not be obligated to defend or indemnify the County with respect to any such claims or damages arising out of the County's sole negligence. A. PUBLIC: RECORDS COMPLIANCE: 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 othervaise 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 tate 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 :1 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 STATU f -JS, TO THE CONTRACTOR'S DUTY TO PROVIDE .PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publierecords(cr),i regov.com Indian River County, Office of the County Attorney 180127' Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with. these requirements shall be a material breach of this Agreement. NOTICES: All notices or written communications required or permitted hereunder shall be deemed to have been given when received if hand delivered or when deposited in the US mail, postage paid and addressed as follows: If mailed to "Contractor" AK Associates 7 Independence Ave Derry NH 03038 If mailed to "County" Indian River County Emergency Services Attn: 13,911 Manager 4225 43`1 Avenue Vero Beach, FL 32967 REQ11EST FOR PAYMENT: The "Contractor" shall provide the "County" with quarterly invoices per year for AK Elite Premier Maintenance Service. The first invoice will be provided.to the "County" by the "Contractor" for AK Elite Premier Maintenance upon the execution of the contract, at which time the first year of maintenance shall commence. The first .invoice(s) will be adjusted to prorate any balances paid the "Contractor" for AK Basic Maintenance. ".All payments will be made per Florida's Local Government Prompt Payment Act." All expenses are included in the yearly invoice amount, except for materials purchased by. the. "County" through the "Contractor" and/or for pre -approved travel outside the scope of this. Agreement., 511 Rh FLORIDA LAW: Contractor certifies that it and those related entities of respondent as defined above by Florida law above are not on the Scrutinized Companies that Boycott Israel hist, created "pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or snore, Contractor certifies that it and those related entities of respondent as defined above b,r Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. County may terminate this Contract if Company is found to have submitted a false certification as provided under section 2$7.335(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations. in Cuba or Syria, as defined by section 287,135, Florida Statutes. County may terminate this Contract if Company, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies, that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 21 SAM, Florida Statutes." ATTEST; By. _ (Signature) Date: COUNTY SEAL,: (Signature) Date* 1 CORPORATE SEAL: Indian River County, Florida By: Date: CONTRACTOR By: J,ilie Chase, President Date* 11 ill Q 7 oqCUAT L1<<<<<<1<<< Quote Number: AK083017-300b Site (name/#): Indian River, FL Contact: Paula Cantlon Email: pcantloriftrcgoy.com Date Issued: August 31, 2017 Scope of Work: Add Text -to -911 and Text -from -911 Indigital ProductlServices ! Qty... Part No. Description Unit Price Total J 8 Text to 911 per year $474.00 $3,792.00 1 SL-TextOut Setup Cost $850.20 $3,000.00 Subtotal $6,792.00 S-Linelnterface-v3 Central Equipment A Qty. Part No. Description Unit.Price Total 1 P -OR -ASC SBC Net -Net ASC $3,775.93 $3,775.93 1 SL -OR -ASC -25 +25 Session license Net -Net ASC $214.99 $214.99 S-Linelnterface-v3 Subtotal $3,990.92 1 P -SMS GTW 1port Central Equipment B $1,138.32 $1,138.32 Qty. Part No. Description Unit Price Total , 1 P -OR -ASC SBC Net -Net ASC $3,775.93 $3,775.93 1 SL -OR -ASC -25 +25 Session license Net -Net ASC $214.99 $214.99 Subtotal $3,990.92 Outbound (Text from 911) Qty. Part No. Description Unit Price Total Text from 911 1 SL-TextOut Guardian Outbound SMS base license $850.20 $850.20 Central Equipment A S-Linelnterface-v3 Line Interface gear 1 P -SMS GTW 1 port SMS Gateway 1 Port $1,138.32 $1,138.32 Customer to provide GSM SIM card per gateway port Central Equipment B S-Linelnterface-v3 Line Interface gear 1 P -SMS GTW 1port SMS Gateway 1 Port $1,138.32 $1,138.32 Customer to provide GSM SIM card per gateway port M 10 SL-TextOut-POS 10 SL-TextOut-POS 4 SL-TextOut-POS 5 SL-TextOut-POS PSAP 1 Guardian Outbound SMS position lic. $195.00 $1,950.00 PSAP 2 Optional $3,990.92 Guardian Outbound SMS position lic. $195.00 $1,950.00 PSAP 3 Qty. Part No. Guardian Outbound SMS position lic. $195.00 $780.00 PSAP 4 JSV-SOLAPS $19,604.04 Guardian Outbound SMS position lic. $195.00 $975.00 Summary Amount Subtotal $6,792.00 Optional $3,990.92 Central Equipment B PSAPs Outbound (Text from 911) Optional Qty. Part No. Description Unit Price Total $170.00 JSV-SOLAPS $19,604.04 Text -to -911 1 Solacom System Engineering- 1 Day Remote $1,620.00 $1,620.00 Subtotal $1,620.00 Maintenance/Support Qty. Part No. Description Unit Price Total Maintenance and Support Offering 10 MT -OR -ASC SBC Net -Net ASC 5 Years Maint. $272.25 $2,722.50 10 MT -OR -ASC -25 +25 Session Lic. Net -Net ASC 5 Yrs Maint $31.77 $317.70 Subtotal $3,040.20 Indigital Product/Services Qty. Part No. Description Unit Price Total 1 ShippingFee Shipping and Handling Charges $170.00 $170.00 Subtotal $170.00 Summary Amount Indigital Product/Services $6,792.00 Central Equipment A $3,990.92 Central Equipment B $3,990.92 Outbound (Text from 911) Optional PSAPs $1,620.00 Maintenance/Support $3,040.20 Indi ital Product/Services $170.00 TOTAL PROPOSAL $19,604.04 uisaanneis. i ius quote is pruviaeu wr ine ustea con[am ano is not to oe snarea or aisseminatea witnout written consent Dy AK Associates. I his quote null and voids any previous version. Quote is valid for 120 days. 90 1 1 1 1 1 2 1 1 2 4 4 2 A<< SSOCIATES Quote Number: AK071017-300b Site (name/#): Indian River County, FL Contact: Paula Cantlon Email: pcantlon(Wircoov.com Reference: 170719 -02 -TM V03 Date Issued: August 31, 2017 Scope of Work: Geo Diverse Guardian w/ hardware refresh Central Equipment A Part No. Description S -Upgrade -V3 EOC - Side A P-KVM 4 PORT KVM (Keyboard,Video,Mouse) Switch 4Ports P -CABINET -42U 42U Cabinet Kit with Sides P -IP SERIAL -8P 2 x 4 Port Serial to 10OBT Converters P-ENH ADMIN -R -GA -5 Administrative Server Red/Geo A P -STD APP -GA -SYS+ Application Server Geo A P -UPS -RM -1500 -PC Rackmount 1500VA UPS + Power Conditioner P-ESK-GEO-D Switch Kit GeoDiverse System DLink P-ES-DLINK-PoE Managed 24 Port 100BT POE Switch - DLink P-ENH_FWALL_SPLX Enhanced Simplex Firewall Package P-EGN400-KIT Emergency Gateway to Legacy SR (4 FXS) P-MGN400-KIT Gateway to Legacy POTS Line (4 FXO) P-LDVOIP Low Density 128 Port VOIP Card Installation Materials P-IQ500 IQ500 Chassis Kit 1 x Guardian Controller License 1 x Netclock Central Equipment B Unit Price $1,355.45 $2,832.48 $1,165.92 $4,739.44 $4,686.50 $2,184.00 $1,427.91 $682.50 $819.00 $756.84 $696.36 $11,910.40 $3,470.88 Total $1,355.45 $2,832.48 $1,165.92 $4,739.44 $4,686.50 $4,368.00 $1,427.91 $682.50 $1,638.00 $3,027.36 $2,785.44 $23,820.80 $3,500.00 $3,470.88 t Qty. Part No., Description Unit Price Total, ¢ S -Upgrade -V3 Sheriffs Office- Side B 1 P-KVM 4 PORT KVM.(Keyboard,Video,Mouse) Switch 4Ports $1,355.45 $1,355.45 1 P -CABINET -42U 42U Cabinet Kit with Sides $2,832.48 $2,832.48 91 1 P-IP_SERIAL-8P 2 x 4 Port Serial to 100BT Converters $1,165.92 $1,165.92 1 P-ENH ADMIN-GB-5YS Administrative Server Geo B $4,739.44 $4,739.44 1 P -STD APP-GB-5YS+ Application Server Geo B $4,686.50 $4,686.50 2 P -UPS -RM -1500 -PC Rackmount 1500VA UPS + Power Conditioner $2,184.00 $4,368.00 1 P-ESK-GEO-D Switch Kit GeoDiverse System DLink $1,427.91 $1,427.91 1 P-ES-DLINK-PoE Managed 24 Port 10OBT POE Switch - DLink $682.50 $682.50 2 P-ENH_FWALL_SPLX Enhanced Simplex Firewall Package $819.00 $1,638.00 3 P-EGN400-KIT Emergency Gateway to Legacy SR (4 FXS) $756.84 $2,270.52 5 P-MGN400-KIT Gateway to Legacy POTS Line (4 FXO) $696.36 $3,481.80 2 P-LDVOIP Low Density 128 Port VOIP Card $11,910.40 $23,820.80 1 P-IQ500 IQ500 Chassis Kit $3,470.88 $3,470.88 9 P-ENH_IP PHONE Re-using:1 x Guardian Controller License1 x Netclock $292.82 $2,635.38 Subtotal PSAP 1 $55,940.20 . Qty. Part No. Description Unit Price- _ Total S-UpgradePos-V3 EOC PSAP 9 P -STD POS-5YS+ Standard Position PC $1,346.52 $12,118.68 Includes 5 Years Manufacturer's Maintenance with 4 Hour Onsite Support 2 P-MOB_POS-5YS Mobile Position Kit $2,995.44 $5,990.88 Includes 5 Years Manufacturer's Maintenance with Next Business Day Onsite Support 9 P -MONITOR 24in Standard Monitor 23.5 Inches $245.70 $2,211.30 9 P -DP HANDSET -6W Dual Prong Handset 6 Wires $76.44 $687.96 9 P-KYPADU6 Keypad- 24 Buttons, 6' Cable w/ 10' ext $102.38 $921.42 9 P-ENH_IP PHONE Enhanced IP Phone $292.82 $2,635.38 1 P-PRN-CLR Network Color Laser Printer $407.40 $407.40 9 P-TCH MON 24in Touch Monitor 24 Inches $397.32 .$3,575.88 Re -using: 10 x Guardian Position License 10 x IRR Subtotal $28,548.90 PSAP 2 i .Qty. Part No., Description Unit Price Total 1 S-UpgradePos-V3 Sheriffs Office PSAP 8 P -STD POS-5YS+ Standard Position PC $1,346.52 $10,772.16 Includes 5 Years Manufacturer's Maintenance with 4 Hour Onsite Support 92 8 P -MONITOR 24in 8 P -DP HANDSET -6W 8 P-KYPADU6. 8 P-ENH IP PHONE 1 P-PRN-CLR 1 P -PRN -BW -CDR 8 P-TCH MON 24in 2 1 P-MOB_POS-5YS Standard Monitor 23.5 Inches Dual Prong Handset 6 Wires Keypad- 24 Buttons, 6' Cable w/ 10' ext EnhancedlP Phone Network Color Laser Printer CallDetailRec Printer - serial impact Touch Monitor 24 Inches Mobile Position Kit Includes 5 Years Manufacturer's Maintenance with Next Business Day Onsite Support Re -using: 7 x Guardian Software 7 x IRR Subtotal PSAP 3 FRW Qty. Part No. Description, $819.04 S-UpgradePos-V3 Sebastian PSAP 4 P -STD POS-5YS+ Standard Position PC $535.08 Includes 5 Years Manufacturer's Maintenance with 4 Hour Onsite Support 4 P -MONITOR 24in Standard Monitor 23.5 Inches 4 P -DP HANDSET -6W Dual Prong Handset 6 Wires 4 P-KYPADU6 Keypad- 24 Buttons, 6' Cable w/ 10' ext 4 P-ENH IP PHONE Enhanced IP Phone 1 P-PRN-CLR Network Color Laser Printer 4 P-TCH MON 24in Touch Monitor 24 Inches 1 P -MOB POS-5YS Mobile Position Kit Includes 5 Years Manufacturer's Maintenance with Next Business Day Onsite Support 4 P-EGN400-KIT Emergency Gateway to Legacy SR (4 FXS) 4 P-MGN400-KIT Gateway to Legacy POTS Line (4 FXO) Re-using:4 x Guardian Software4 x IRR 1 S -Upgrade -V3 Sebastian Suvivability Controller 1 P-KVM 4 PORT KVM (Keyboard,Video,Mouse) Switch 413orts $245.70 1 $1,965.60 $76.44 $611.52 $102.38 $819.04 $292.82 $2,342.56 $407.40 $407.40 $535.08 $535.08 $397.32 $3,178.56 $2,995.44 $5,990.88 Unit Price $1,346.52 $245.70 $76.44 $102.38 $292.82 $407.40 $397.32 $2,995.44 $756.84 $696.36 $26,622.80 Total , $5,386.08 $982.80 $305.76 $409.52 $1,171.28 $407.40 $1,589.28 $2,995.44 $3,027.36 $2,785.44 $1,355.45 1 $1,355.45 93 1 P -CABINET -42U 42U Cabinet Kit with Sides $2,832.48 $2,832.48 2 P-PWR_BAR_15A Nema 5-15P 15A vert. pwr bar $76.10 $152.20 1 P-IP_SERIAL-8P 2 x 4 Port Serial to 100BT Converters $1,165.92 $1,165.92 1 P-SSP-ADM-R-GA-5YS Small Site ADMIN / MIS Server Red/Geo A $3,877.73 $3,877.73 1 P-SSP-APP-RA-5YS+ Small Site APP Server Red A $3,908.19 $3,908.19 1 P -UPS -RM -1500 -PC Rackmount 1500VA UPS + Power Conditioner $2,184.00 $2,184.00 1 P-ESK-GEO-D Switch Kit GeoDiverse System DLink $1,427.91 $1,427.91 1 P-ES-DLINK-PoE Managed 24 Port 10OBT POE Switch - DLink $682.50 $682.50 1 P-ENH_FWALL_SPLX Enhanced Simplex Firewall Package $819.00 $819.00 1 P-ENH_IP PHONE Enhanced IP Phone $292.82 $292.82 1 SL-ResponclAdd Guardian Responder Add-on $195.00 $195.00 1 for IP Phone (AL1) Mobile Position Kit $2,995.44 $2,995.44 1 P-VOIPPCIE LD VOIP Card for APP Server PCIe Slot $5,606.50 $5,606.50 1 P-IOBox-40ut-24in Relay 1/0 Box - 4 Outputs 24 Inputs $672.84 $672.84 4 P-EGN400-KIT Re-using:1 x Guardian Controller License $756.84 $3,027.36 Subtotal PSAP 4 $44,232.90 Qty.. Part No. Description Unit Price Total, S-UpgradePos-V3 Vero Beach PSAP 4 P -STD POS-5YS+ Standard Position PC $1,346.52 $5,386.08 Includes 5 Years Manufacturer's Maintenance with 4 Hour Onsite Support 4 P -MONITOR 24in Standard Monitor 23.5 Inches $245.70 $982.80 4 P -DP HANDSET 6W Dual Prong Handset 6 Wires $76.44 $305.76 4 P-KYPADU6 Keypad- 24 Buttons, 6' Cable w/ 10' ext $102.38 $409.52 4 P-ENH_IP PHONE Enhanced IP Phone $292.82 $1,171.28 1 P-PRN-CLR Network Color Laser Printer $407.40 $407.40 4 P-TCH MON 24in Touch Monitor 24. Inches $397.32 $1,589.28 1 P-MOB_POS-5YS Mobile Position Kit $2,995.44 $2,995.44 Includes 5 Years Manufacturer's Maintenance with Next Business Day Onsite Support 4 P-EGN400-KIT Emergency Gateway to Legacy SR (4 FXS) $756.84 $3,027.36 4 P=MGN400-KIT Gateway to Legacy POTS Line (4 FXO) $696.36 $2,785.44 94 Re-using:4 x Guardian Software4 x IRR Qty. 5 2 1 4 1 -99 Part No. S -Installation -V3 SV--InstDaily SV-InstRemDaily SV-T&L1 stD SV-T&LSubD ent I Services Description Installation Services Offering Installation Services - Daily Rate Remote Install Services - Daily Rate Travel and Living Expenses - First Day Travel and Living Expenses- Daily AK Installation & PM Project Management Services Secondary Project Management -Daily Rate Subtotal $1,355.45 $2,832.48 $76.10 $1,165.92 $3,877.73 $3,908.19 $2,184.00 $1,427.91 $682.50 $819.00 $292.82 $1,355.45 $2,832.48 $152.20 $1,165.92 $3,877.73 $3,908.19 $2,184.00 $1,427.91 $682.50 $819.00 $292.82 $195.00 $195.00 $5,606.50 $5,606.50 $672.84 $672.84 $44,232.90 Unit Price $1,300.00 $1,300.00 $1,700.00 $255.00 $965.00 Total $6,500.00 $2,600.00 $1,700.00 $1,020.00 $13,075.00 $965.00 $25,860.00 Managed Services Qty. Part No. Description Unit Price Total IS -Managed Services I Managed Services Offering 95 S -Upgrade -V3 Vero Beach Suvivability Controller 1 P-KVM 4 PORT KVM (Keyboard,Video,Mouse) Switch 4Ports 1 P -CABINET -42U 42U Cabinet Kit with Sides 2 P-PWR_BAR_15A Nema 5-15P 15A vert. pwr bar 1 P -IP SERIAL -8P 2 x 4 Port Serial to 100BT Converters 1 P-SSP-ADM-R-GA-5YS Small Site ADMIN / MIS Server Red/Geo A 1 P -SSP -APP -RA -SYS+ Small Site APP Server Red A 1 P -UPS -RM -1500 -PC Rackmount 1500VA UPS + Power Conditioner 1 P-ESK-GEO-D Switch Kit GeoDiverse System DLink 1 P-ES-DLINK-PoE Managed 24 Port 100BT POE Switch - DLink 1 P-ENH_FWALL_SPLX Enhanced Simplex Firewall Package 1 P-ENH IP PHONE Enhanced IP Phone 1 SL-RespondAdd Guardian Responder Add-on for IP Phone (ALI) 1 P-VOIPPCIE LD VOIP Card for APP Server PCIe Slot 1 P-IOBox-4Out-241n Relay 1/0 Box - 4 Outputs 24 Inputs Re-using:1 x Guardian Controller License Subtotal Qty. 5 2 1 4 1 -99 Part No. S -Installation -V3 SV--InstDaily SV-InstRemDaily SV-T&L1 stD SV-T&LSubD ent I Services Description Installation Services Offering Installation Services - Daily Rate Remote Install Services - Daily Rate Travel and Living Expenses - First Day Travel and Living Expenses- Daily AK Installation & PM Project Management Services Secondary Project Management -Daily Rate Subtotal $1,355.45 $2,832.48 $76.10 $1,165.92 $3,877.73 $3,908.19 $2,184.00 $1,427.91 $682.50 $819.00 $292.82 $1,355.45 $2,832.48 $152.20 $1,165.92 $3,877.73 $3,908.19 $2,184.00 $1,427.91 $682.50 $819.00 $292.82 $195.00 $195.00 $5,606.50 $5,606.50 $672.84 $672.84 $44,232.90 Unit Price $1,300.00 $1,300.00 $1,700.00 $255.00 $965.00 Total $6,500.00 $2,600.00 $1,700.00 $1,020.00 $13,075.00 $965.00 $25,860.00 Managed Services Qty. Part No. Description Unit Price Total IS -Managed Services I Managed Services Offering 95 1 SV -ARM -SETUP 23 SV-AVMgr-5yrs 23 SV-OSMgr-5yrs 4 SV -ARM -SETUP -AP 23 SV -ARM -Guardian -5Y Active Remote Monitoring - Setup Anti -Virus Management per Pos - 5 years OS Patch Management per Position— 5 Yrs Active Remote Monitoring - Setup PSAP Active Remote Monitoring per Pos (5Y) Subtotal Support $3,547.00 $450.00 $450.00 $432.00 $1,720.00 $3,547.00 $10,350.00 $10,350.00 $1,728.00 $65,535.00 i Qty. _ Part No. Description Unit Price. Total . I S -MAINTENANCE -V3 Maintenance and Support Offering 29 MT-SSGUARD-05 Position Software Support Years 6 to 10 $4,680.00 $135,720.00 1 MT-HSGUARD-0205 Annual Hardware Support Years 6 to 10 $22,089.16 $22,089.16 If Purchased Upfront; Annual Fees Listed In O Subtotal $157,809.16 Shipping Qty. Part No. Description Unit Price Total I Shiooina and Handlina Charaes I I $4_000_00I Subtotal $4,000.00 Summary Amount Central Equipment A $59,500.68 Central Equipment B $55,940.20 PSAP 1 $28,548.90 PSAP 2 $26,622.80 PSAP 3 $44,232.90 PSAP 4 $44,232.90 Services $25,860.00 Managed Services $65,535.00 Support $157,809.16 Shipping $4,000.00 TOTAL PROPOSAL $512,282.54 uisciaimers. i nis quote is proviaea Tor the iistea contact ana is not to be snares or oisseminatea without written Consent by AK Associates. This quote null and voids any previous version. Quote is valid for 120 days. 96 SouAcom September 19, 2017 Attn: Mr. John King - Director Indian River County Emergency Services 4225 43rd Avenue Vero Beach, FL 32967-1671 Dear Mr. King, This letter is about the Solacom equipment utilized in the processing of 9-1-1 calls that is currently in use by Indian River County Florida. This equipment is referred to typically as the Guardian 9-1-1 system. The system is maintained by AK Associates, an authorized Solacom distributor and service organization. AK Associates is the only such organization with factory trained/certified personnel located in Florida with the requisite experience to perform full installation and maintenance on your Solacom equipment. If you have any further questions please feel free to contact me at 937-609-1911. Sincerely, Anthony A. Parrott Vice President of Sales Solacom Technologies Incorporated Via Email: 97 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shalt complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION .Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River Countv Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION:t � G c C ��� ADDRESS: PHONE: (0 SUBJECT MATTER FOR DISCUSSION: r S C Pt�c�F �r IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1No�NO IS THIS AN APPEAL OF A DECISION. F-1 YES P� NO i WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F� YES 19NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS .REQUEST? _ j 1� (c O t� A `i'" I V Transmitted to Administrator Via: Interactive Web Form E -Mail FIand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: I� I k i' P:k:ouuty AdminaxecAcstlAUI-'i IDA\PubHe Discussion Items Form.duc 98 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT LEONARD KACZYNSKI LAKES AT SANDRIDGE 6036 RIDGE LAKE CIRCLE VERO BEACH, FLORIDA 32967 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT Q: HOW DOES A HOMEOWNER'S BOARD OF DIRECTOR'S PRESIDENT INFORM TENANTS THERE IS A HOMEOWNER'S ASSOCIATION ANNUAL ELECTION BOARD OF DIRECTOR'S MEETING? A: TENANTS ARE NOT MEMBERS AND FOUND ON THE HOMEOWNER'S ASSOCIATION ROSTER. 12/14/2018 1 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT 617.01401 DEFINITIONS 617.01401 Definitions.—As used in this chapter, the term: (5) "Corporation not for profit" means a corporation no part of the income or profit of which is distributable to its members, directors, or officers, except as otherwise provided under this chapter. (12) "Member" means one having membership rights in a corporation in accordance with the provisions of its articles of incorporation or bylaws or the provisions of this chapter. 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT 617.0202 Articles of incorporation; content 617.0202 Articles of incorporation; content. (b) Any provision not inconsistent with law, regarding the regulation of the internal affairs of the corporation, including, without limitation, any provision with respect to the relative rights or interests of the members as among themselves or in the property of the corporation; 12/14/2018 2 q 8 �--3_ 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT 617.0206 BYLAWS 617.0206 Bylaws.—The initial bylaws of a corporation shall be adopted by its board of directors. The power to alter, amend, or repeal the bylaws or adopt new bylaws shall be vested in the board of directors unless otherwise provided in the articles of incorporation or the bylaws. The bylaws may contain any provision for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation. 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT 617.0601 Members, generally 617.0601 Members, generally.— (4) A corporation shall keep a membership book containing, in alphabetical order, the name and address of each member. The corporation shall also keep records in accordance with s. 617.1601. 12/14/2018 3 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT 617.0701 617.0701 Meetings of members, generally; failure to hold annual meeting; spe Tmeeting; consent to corporate actions without meetings; waiver of notice of meetings.—(1) The frequency of all meetings of members, the time and manner of notice of such meetings, the conduct and adjournment of such meetings, the determination of members entitled to notice or to vote at such memeetl g , and the number or voting power of members necessary to constitute a quorum, shall be determined by or in accordance with the articles of incorporation or the bylaws. The place and time of all meetings may be determined by the board of directors. 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT 617.0802 Qualifications of directors 617.0802 Qualifications of directors.— (1) Directors must be natural persons who are 18 years of age or older but need not be residents of this state or members of the corporation unless the articles of incorporation or bylaws so require. For a corporation organized according to the provisions of s. 501(c)(3) of the Internal Revenue Code of 1986, as amended, but not for a corporation regulated by chapter 718, chapter 719, chapter 720, chapter 721, or chapter 723 or a corporation for which membership in such corporation is required pursuant to a document recorded in the county Qroperty records, one director may be 15 years of age or older if so permuted in the articles of incorporation or bylaws or by resolution of the board of directors. The articles of incorporation or the bylaws may prescribe additional qualifications for directors. 12/14/2018 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT CHAPTER 455 BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS 455.01 Definitions.—As used in this chapter, the term: (6) "Profession" means any activity, occupation, profession, or vocation regulated by the department in the Divisions of Certified Public Accounting, Professions, Real Estate, and Regulation. 455.227 Grounds for discipline; penalties; enforcement.— * (1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection • (2) may be taken: (a) Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee's profession. • (b) Intentionally violating any rule adopted by the board or the department, as appropriate. (i) Failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or the board. • (m) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. 2018 FLORIDA STATUTES CHAPTER 720 HOMEOWNER'S ASSOCIATIONS • 720.301 Definitions.—As used in this chapter, the term: • (1) "Assessment" or "amenity fee" means a sum or sums of money payable to the association, to the developer or other owner of common areas, or to recreational facilities and other properties serving the parcels by the owners of one or more parcels as authorized in the governing documents, which if not paid by the owner of a parcel, can result in a lien against the parcel. • (9) "Homeowners' association" or "association" means a Florida corporation responsible ffor the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel. The term "homeowners' association" does not include a community development district or other similar special taxing district created pursuant to statute. • (10) "Member" means a member of an association, and may inc�but is not limited to. a Darcel owner or an association 12/14/2018 2018 FLORIDA STATUTES CHAPTER 720 HOMEOWNER'S ASSOCIATIONS 720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.— (1) Each member and the member's tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or inequity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against: • (a) The association; • (b) A member; • (c) Any director or officer o4 an association who willfully and ming fails to Comply With these provisions; an • (d) Any tenants, guests, or invitees occupying a parcel or using the common areas. 2018 FLORIDA STATUTES CHAPTER 720 HOMEOWNER'S ASSOCIATIONS • 720.303 Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.— (c) The bylaws shall provide the following for giving notice to parcel owners and members of all board meetings and, if they do not do so, shall be deemed to include the following: 12/14/2018 a M 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT In addition, you have to follow the law no matter what your governing documents say. "Generally speaking, the laws supersede your governing documents, explains Ben Solomon, founder of the Association Law Group in Miami Beach, Fla., who advises more tHn 500 associations and also represents developers through his second law firm, Solomon & Furshman LLP. "Your restrictive covenants can be more restrictive than the law, but they can't be less. If yourgoverning documents are less restrictive, you'd follow the law. We get documents from the 1940s and 1960s, and those associations still have to follow the law." Solomon gives an example. "Let's say Miami ordinance says no pits bulls are allowed, and your governing documents say no pits or Dobermans are allowed," he explains. "The governing documents would be the law You'd have to follow because yotook title to the property under these provisions. They'd be enforceable. But if )Tia mi law says no pits and Dobermans but your governing documents say only no pit bulls could you have a Doberman? No. You need to follow current law— period. fo the extent your governing document are more restrictive, you follow those unless they conflict with the law. Then you go with a supremacy clause type concept of following federal law first, state law second, and then local law." 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT "Outdated documents can be a serious problem for a number of reasons," says the shareholder and association attorney at Becker & Poliakoff PA in Fort Lauderdale, Fla. "First, the association and its owners may not have the ability to use legislative remedies enacted over the years, leaving them at a disadvantage. 12/14/2018 7 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT 617.01201 Filing requirements 617.0124 Correcting filed document 617.01201 Filing requirements.—(1) A document must satisfy the requirements of this section and of any other section that adds to or varies these requirements to be entitled to filing by the Department of State. 617.0124 Correcting filed document.— (a) The document contains an incorrect statement; (b) The document contains false, misleading, or, fraudulent information; 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT DON'T RELY ON LANGUAGE FOUND IN OTHER HOMEOWNER ASSOCIATIONS. ADDRESS ALL FORSEEABLE SCENARIOS. HAVE A COMPETENT TECHNICAL EXPERT REVIEW AND INFORM DOCUMENT INTEGRITY TO THE HOMEOWNER'S BOARD OF DIRECTORS. DON'T BE CAUGHT SUING YOURSELF. 12/14/2018 0 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT 1.Charities and Non -Profits Exempt Organizations - Reporting Changes to IRS An exempt organization must report name, address and structural and operational changes to the IRS. 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT QUESTIONS/COMMENTS? SEE SOMETHING -DO SOMETHING PROTECT YOUR LARGEST INVESTMENT THANK YOU! 12/14/2018 0 9g-10 2018 FLORIDA STATUTES Chapter 617 CORPORATIONS NOT FOR PROFIT 12/14/2018 10 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 1delf PUBLIC NOTICE ITEMS: 12/11/18 LEGISLATIVE Office of INDIAN TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: December 3, 2018 RIVER COUNTY ATTORNEY RE: Public Notice of Two Public Hearings Scheduled for December 18, 2018 The Board of County Commissioners will hold two Public Hearings on Tuesday, December 18, 2018, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.08 (RATES AND CHARGES) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY; ESTABLISHING AN AMNESTY PROGRAM RELATING TO DELINQUENCY CHARGES ON CERTAIN UTILITY SERVICE AVAILABILITY CHARGES; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.09 (IMPACT FEES) OF PART I (IN GENERAL) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ALLOW FOR A REFUND OF WATER AND SEWER IMPACTS UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The public hearings will be held in the County Commission Chambers located on the first floor of Building A of the Country Administrative Complex, 1801 27ffi Street, Vero Beach, Florida '32960. /nhm 99 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Stan Boling, AICP; Community Development Director DATE: December 4, 2018 SUBJECT: Follow-up on Request by Kim Gilbert to Waive Impact Fees for a Child Care Facility Located in the City of Vero Beach at 1728 and 1730 24th Street It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 11, 2018. BACKGROUND At its meeting of November 13, 2018, the Board of County Commissioners (Board) considered a request by Kim Gilbert (representing Kiducation, Inc. dba Oxford Academy) to waive impact fees for the child care facility known as Oxford Academy located at 1728 and 1730 24th Street within the City of Vero Beach. Earlier this year, through a chain of events it was discovered that a previous owner/applicant had failed to apply for building permits or payment of impact fees in 2002 and 2004 when he obtained City site plan approval to change the facility use from an ALF to a child care facility. At the November 13, 2018 meeting, Ms. Gilbert stated that prior to obtaining the facility in 2008 she had due diligence performed and the impact fee payment was not disclosed. Based upon that fact and the length of time that had passed, she asked that the Board waive the impact fee payment now due ($7,930.78). After hearing from Ms. Gilbert, by consensus the Board directed staff to coordinate with Ms. Gilbert and Commissioner Solari, and bring back information for the Board to consider at its December 11, 2018 meeting. Since November 13, County staff has performed more research on the impact fee payment matter, coordinated with City staff, Commissioner Solari, and Ms. Gilbert. The Board is now to consider Mrs. Gilbert's request and staff's evaluation. ANALYSIS In 1986 impact fees were adopted county -wide as provided in Title X (Impact Fee Ordinance) of the County Code and implemented through inter -local agreements between the County and the cities and school board. In the current impact fee interlocal agreement between the County and the City of Vero Beach (approved in 2005) the City is responsible for appointing City staff to coordinate with County staff and developers to ensure compliance with the Impact Fee Ordinance while the County is responsible for reviewing applications for credits, refunds, exemptions, and appeals. With respect to Ms. Gilbert's request, under the Ordinance and the agreement, the Board has authority to hear the request for an impact fee waiver even though the project lies within the City of Vero Beach. The Building Department serves both the County (unincorporated area) and the City of Vero Beach. C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@ACOE1509\@BCL@ACOE1509.docx 100 Since the November 13 Board meeting, staff has updated the abbreviated timeline provided in the November 13 meeting back-up. The updated timeline is attached, formatted to show new information and details in underlining (see Attachment 1). Staff has also provided a site plan project concurrency/impact fee payment flowchart for projects in the County and a flowchart for projects in the City (see Attachments 2 and 3). The City flowchart was recently updated by City after meeting with County staff. As indicated in the updated timeline, in 2002 and 2004 when the City granted change of use site plan approval for the child care facility, City staff followed a procedure whereby approval was granted and then the previous owner/applicant was instructed to contact the Building Department for obtaining a building permit (2002 and 2004 instructions) and to complete a concurrency application with a City sign -off and submit that application to County Planning for processing (2004 instructions). The previous owner/applicant never contacted the Building Department or County Planning yet began the child care operation and eventually sold it Lisden Enterprises in 2004 which later sold to the current owner. No permit or C.O. was requested or issued. The 2008 zoning confirmation letter issued by the City, at the time due diligence was being performed for the current owner, addressed zoning and site plan approval but did not address any other items. As required by state law and licensing requirements periodic inspections of the site by Fire Prevention have been conducted since 1995 for both the ALF and child care uses. County staff discovered the unresolved impact fee issue in 2018 when the current owner applied for a deck permit after which the current owner applied for concurrency as direct by County staff. County staff then researched the use history of the parcel and worked with City staff to determine the highest impact fee credit allowed. County staff has determined that the best case impact fee liability for the current owner/applicant (lowest fee) is under the current impact fee schedule and results in a fee of $7,930.78. If the previous owner had paid impact fees in 2002 and 2004 as required by code, the best case scenario for the owner/applicant at that time (lowest fee) would have been $12,929.81. County site plan procedures for projects in the unincorporated area prevent release of an approved site plan unless project impact fees are paid and concurrency is obtained. With respect to County zoning confirmation letters for sites within the unincorporated area, zoning and use confirmation include verification of a valid site plan approval, permitting, and issuance of a C.O. which also verifies compliance with impact fee requirements. Updated City procedures include a requirement that conditional concurrency (no impact fees paid at that time) be issued prior to City site plan approval. County and City staff are coordinating to put in place more effective City/applicant/County coordination with respect to payment of impact fees. Staff's position is that the subject case is unusual and possibly unique in that a City site plan applicant simply failed to complete a process as instructed by City staff, leading to a violation of the Impact Fee Ordinance. That violation, which was not known to City or County staff, involves a change of use generating increased impacts with no payment of impact fees to help off -set the public improvements necessary to mitigate those impacts. The impact fee ordinance is based on payment of fees for every project generating impacts, without exception, including County projects. Every new County building facility developed since adoption of impact fees included payment of those fees by the County and even incentivized development such as affordable housing and target industries require impact fee payment from some funding source. Consequently, the impact fees owed must be paid by someone; they cannot be simply waived. C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@ACOE 1509\@BCL@ACOE 1509.doex i o t County staff believes that the current owner/applicant relied on a City zoning confirmation letter and was unaware of the impact fee issue, and City staff and County staff were unaware as well. Given the unusual and extraordinary circumstances of this particular case, staff believes that an impact fee payment lability exists and must be paid but that payment could be deferred via an agreement executed by the owner/applicant and the County. The county Attorney has confirmed that such an agreement could defer payment until the facility is sold. Such a deferral could be deemed to comply with the intent of the impact fee ordinance. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Deny the request to waive impact fees, and 2. Determine that the subject case constitutes a unique set of circumstances justifying a special accommodation for impact fee payment, and 3. Direct the County Attorney in coordination with the Community Development Director to prepare an impact fee payment deferral agreement between the owner/applicant and the County, delaying impact fee payment until the subject child care facility is sold. ATTACHMENTS 1. Updated timeline 2. Indian River County Concurrency Flowchart 3. City of Vero Beach Concurrency Flowchart C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ACOE1509\@BCL@ACOE1509.docx 103 UPDATED TIMELINE Previous Uses and Actions at 1728 and 1730 24t' Street City of Vero Beach 1. Prior to 1995: four homes total existed on both adjacent parcels. Per old survey of the property; 3 single family homes of less than 1500 s.f. each and one single family home of more than 2500 s.f. were located on these 2 parcels. 2. 1995: change of use to 19 bed ALF (Minor Change Application #95 -MC -161 approved by the City). 2 single family homes remained on the site. In 1995, the property was purchased by Elderly Loving Care, Inc.). For that change of use no concurrency review was required since change of use reduced the intensity. 3. 2002: Building on the west side of the site was changed from ALF to day care (site plan #02 -SP -1064C approved by the City). • City did not require concurrency for or impact fee review Vii; durin change of use review and approval, although the change did increase development intensity. • City did instruct applicant to pick up approved City site plans and visit the Building Department "where you will be given further details on the required procedure for obtaining a building permit" (see Attachment 1). • Applicant/owner did not apply for Building Permit for change of use/change of occupancy as instructed. 4. 2004: Change of use approved by City for building on east side of the site to change to day care (Minor Change Application #04 -MC -037 approved by the City, total daycare buildings 6,461 s.f.). • City did not require concurrency for or impact fee review FegaFd44g- during change of use review and approval, although the change did increase development intensity. • Applicant/owner did not apply to County Planning for a concurrency determination. City did instruct applicant to visit the Building Department for further details on permitting and the City also instructed the applicant to complete a concurrency determination application, have the application signed -off by City staff and brought to County Planning for processing (see Attachment 2). • Applicant/owner did not apply for Building Permit for change of use/change of occupancy. • Applicant/owner did not bring concurrency application to County Planning as instructed. • Applicant/owner (Dan Elliot) sold facility to Lisden Enterprises in 2004. Updated: 12/05La..8 F:\Community Development\Users\VICKIE\SASAN\Oxford Academy Previous Use Memo - UPDATED TIMELINE 12-05-18.doa UPDATED TIMELINE (Cont'd.) . 5. 2008: Change of Ownership. After "due diligence", Daycare purchased by Kiducation dba Oxford Academy to continue to operate daycare. • Zoning compliance request sent to County and to City by Oceanside Title as due diligence for buyer (Lisden Enterprises). County deferred to City since County has no zoning jurisdiction over the subject site/facility. • City responded to Oceanside Title, verifying site zoning and setbacks, referring to child daycare facility conditional use, and stating that "there are no outstanding violations on the Property" (see Attachment 3). • Lisden Enterprises, Inc closes on property and operates child care facility. 2018: Owner (Kiducation represented by Kim Gilbert) applied for a building permit for a deck for a 4ay_ childcare facility at 1728 24th Street. • Building Department became aware of unpermitted change of occupancy from ALF to child care facility. Reviewed building code and permit issues with owner/operator Kim Gilbert and await Ms. Gilbert's response to confirm compliance. • County staff noticed that for previous change of use to child care facility no impact fees were paid. • County staff requested and the current owner applied for a City of Vero Beach Concurrency Determination Application (project #95120077). 2018: County staff coordinated with owner and city staff several times, determined "best case" impact fee credit (4 single family homes), and determined impact fees were reduced but still owed for child care change of use (fee calculation breakdown attached). Impact Fees due under "best case scenario": $7,930.78 8. November 13, 2018: BCC heard request from current owner Kim Gilbert to waive impact fees. Board directed staff to evaluate and present information to the Board at its December 11, 2018 meeting. Staff also directed to coordinate with Commissioner Solari on the impact fee waiver request issue. 9. December 3.2018: County staff coordinated with City staff to discuss recommended practices, City procedures including checkpoints for ensuring impact fee compliance for proiects within the City's jurisdiction. 10. December 4, 2018: City staff provided updated City concurrency/impact fee procedures flowchart reflecting a concurrency verification step prior to City site plan approval. Note: Fire Prevention staff have confirmed that it conducted periodic inspections of the ALF on the subject site from 1995 to 2003 and thereafter conducted periodic inspections of the child care facility on the subject site. _Updated: 12/05/,1$ F:\Community Development\Users\VICKIE\SASAN\Oxford Academy Previous Use Memo - UPDATED TIMELINE 12-05-18.doa I Ulf Attachments: 1. Letter regarding approved site plan 2. Letter regarding change of use 3. Zoning Verification Letter from City Planning 4. Impact Fee Payment Slip Updated: 12/05/,18 F:\Community Development\Users\VICKIE\SASAN\Oxford Academy Previous Use Memo - UPDATED TIMELINE 12-05-18.docx I IUD 12 ry'tv Beach 0,53.. 20th. 11"ACF: - P.O. BOX 1389 171,, iR .73&A.CT , FORIDA - 32961-138,9 ae='e1. itc7ne ('561) ?} 1'-4 )3� ' Fa 61 )7 8-<3 6 Mosby & Associates P.O. Box 6368 Vero Beach, FL 32961-6368 September 27, 2002 02-1952 RE: Site Plan Application #02 -SP -1064C - Request for a Request to Add Adult Day Care PID #02 33 39 00001 0110 00006.0 & 8.0 - Elderly Loving Care (1738 24th Street) Dear Randy: This is to notify you that at a meeting of the Planning and Zoning Board held on September 19, 2002, your application for site plan approval was granted (6-0), subject to memorandum #02 - (attached). Minutes setting forth the specifics of that approval are on file in the Planning Department for your review. You may now pickup your plans .from the Planning Department and visit the Building Department located at 1840 25th Street where you will be given further details on the required procedure for obtaining a building permit. Sincerely yours, Ralph T. King, Chairman Planning and Zoning Board DR:gkb Attachment XC: Wayne Russ, Building Department Vanessa Gibson, IRC Community Development Rob Bolton, Water & Sewer Department Dennis Meliti, Fire Department Cliff Suthard,-PW & Eng I 106 City of Vero Beach 04-1480 1053 - 20th PLACE - P.O. BOX 1389 VERO BEACH, FLORIDA - 32961-1389 Telephone: (772) 978.4550 a Fax: (772)778-3856 OFFICE OF THE PLANNING DIRECTOR Dan Elliott Elderly Loving Care 816 Hibiscus Lane Vero Beach, FL 32963 July 2, 2004 RE: Minor Change Application #04 -MC -037 - Site modifications and change use of Lots 6 & 7 from adult congregate living facility to child day care at 1728 24`h Street - 02 33 39 00001 0110 00006.0 & 8.0 Dear Dan: Your application for the above minor change has been approved. You may now pickup your plans from the Planning and Development Department and visit the Building Department, located.at 1840 25th Street, where you will be given further details on the required procedure for obtaining a building permit. Attached is an Indian River County Concurrency Determination Application that needs to be completed by you, signed off by City Planning and Development staff, and brought to the County Planning Department for processing. Should you have any questions regarding this matter, do not hesitate to. call this office. Sincerely, JC' w Tracy Fersch Planning Specialist tf XC: Wayne Russ, w/atts Monte Falls, watts 3 t 107 �'ity of Ver® Beach BOX 1053 - 20th PLACE - P.O. BOX 1389 VERO BEACH, FLORIDA 32961-1389 OFFICE OF THE PLANNING AND DEVELOPMENT DIRFurOR August 7, 2008 Martha S. Eskuchen, President Oceanside Title, Inc. 4442 Lafayette St. Marianna, FL 32446 RE: 1728-1730 24`h Sheet, Vero Beach, Florida 32960 Parcel ID No. 02 33 39 00001 0110 00006.0 & 8.0 Dear Ms, Eskuchen: This letter is in response to your request for information concerning the property owned by Lisden Enterprises, Inc. located at 1728-1730 24`' Street. The subject property is zoned RM -10/12; Multiple Family District. The required front and rear setbacks for a child daycare facility (conditional use) are 25 feet. The side yards are required to have a building setback of 10 feet. Records in the Property Appraiser's Office show this site was developed in 1940. According to a review of the site plan on file, the existing. 1.9.36 -foot and 24.43 -foot front setbacks along 24'x' Street, the 3.8 -foot and 3.79 -foot rear setbacks along the alley, and the 2,93 -foot north side setback are existing nonconformities that may remain, but may not be increased or intensified. There are no outstanding violations on the property. I trust this information to be helpful. If you have any questions, please do not hesitate to contact me. Sincerely, Maria Lewicka, AICP Urban Designer Phone: (772) 978-4550 - Fax: (772) 778-3856 - E-mail• planning@covb.org - www.covb.org 108 Application Request IP Payment H CDPR5020 - Application Request Payment Slip PAYMENT SLIP NBR: AR -81861 REQUEST # APP. REQUEST TYPE REQUEST STATUS 81861 VBIF- CONCURRENCY, VERO BEACH INITIAL/FINALCOMBO PENDING PROJECT # PROJCT NAME PROJECT STATUS 95120077 OXFORD ACADEMY PRESCHOOL FKA HELPING ANGELS ACTIVE APPLIQANT QWNgR KIM GILBERT KIDUCATION INC 1730 24TH ST 1730 24TH ST VERO BEACH, FL 32960 VERO BEACH, FL 32960 FEE CODE DESCRIPTION GLACCQUNT USER WAIVED AMOUNT DUE PBIM-C PUBLIC BLDG IF Vs - COM 103032-324721-71052 PL401 N $717.17 JZ1FVB-C ADM IF VB - COMMERCIAL 103032-324722-71052 PL401 N $748.48 FETFVB-c FIRE/EMS IF VB - COMMERCIAL 103032.324123-11052 PL401 N $1,156.52 TF106-C TIF DISTRICT VB - COMMERCIAL 102032-324320-85222 PL401 N $23,143.30 TF106-R TIF DISTRICT VB -RESIDENTIAL 102032-324310-85222 PL401 N $-15,222.00 SIFVB-R SCHOOL IF VB - RESIDENTAIL 103-202103.52 PL401 N $0.00 1aBIFVB-R PUBLIC BLDG IF VB - RES 103032-324711-71052 PL401 IN $-797.17 FEIFVB-R FIREIEMS 1F VB - RESIDENTIAL 103032-324113-71052 PL401 N $-1,156.52 p.0rFVB-R ADM IF VB - RESIDENTIAL 103032-324712-71052 PL401 N $.-740.00 TOTAL DUE: $7,930.78 Utility capacity charges are NOT included in the total clue. Please contact the Utility Department t®r Utility Fees. Indian River County Printed on: 9/21/2018 10:35:03AIA CD -Phis for Windows 20001XPNIsta Page 1 o` 1 109 Indian River County Concurrency and Impact Fee Payment in Conjunction with Site Plan Approval (New or Change of Use) 1. Applicant attends pre -application conference and TRC meeting with site planner and other staff D 2. Site Planner informs applicant of need to apply for concurrency certificate, and pay impact fees 3. Applicant applies for a concurrency certificate; site planner verifies development project use and quantity to match site plan proposal and concurrency application 4. Site plan approved only after concurrency certificate (usually conditional concurrency) is issued 5. Site plan released for construction only after impact fees are paid and initial/final concurrency certificate is issued for first phase or a building 6. Applicant obtains building permit to construct project. No building permit will be issued without a released site plan (for multi -building plans, initial/final concurrency is obtained with each subsequent building permit) Note: if an owner/developer proceeds with development without following a required step (site plan approval, concurrency/impact fee payment, building permit), then such activity is "corrected by" and subject to County code: enforcement Revised: December 5, 2018 F:\Community Development\Users\VICKIE\SASAN\IRC Concurrency in Conjunction with a Site Plan.docx 110 City of Vero Beach Concurrency and Impact .Fee Payment in Conjunction with a Site Plan Approval Please note: See City of Vero Beach LDC Chapter 64.06 for types of development activities that require site plan review. Concurrency Review Process per LDC Chapter 64.07 & 64.08 Approval Process 1. (Pre -Application Meeting) Applicant meets with city staff; City staff inform applicant about the need to apply for concurrency certificate 2. City staff provide applicant with a copy of city concurrency application form which requires city staff sign -off on the form 3. (Application Completeness Determination) Applicant coordinates with city staff to fill out page 3 of the application form for development project use and quantity. City staff will verify use and quantity and initial page 3 of application form; Review shall be completed within 5 working days. -C7 4. Applicant applies to County planning for concurrency certificate and obtains a concurrency certificate for determination related to major roadway transportation facilities identified on the MPO transportation plan per City of Vero Beach LDC Chapter 75. 5. (Application Compliance -Review) City planner requires the applicant to provide a copy of the concurrency certificate. Concurrency certificate should be provided within 10 working days for Minor Site Plans and 25 working days for Major Site Plans. Applicant has the option to resubmit revised application based on city staff review comments. 7 6. (Application Action & Public Hearing) Planning Director makes final written findings and conclusions based on the site review standards in LDC Chapter 64.10. If the site plan application is found to be consistent with the site plan review standards, the Planning Director will approve a Minor Site Plan or will set a public hearing date for a Major Site Plan before the Planning and Zoning Board. Per Florida Statute Chapter 163, site plan approval cannot be withheld for permits from outside agencies. 7U7 7. After site plan approval, the applicant applies for a building permit. No building permit will be issued without an approved site plan and paid impact fees. Note: If an owner/developer proceeds with development without following a required step (site plan approval, concurrency/impact fee payment, building permit), then such activity is "corrected by" and subject to City code enforcement. Revised: December 5, 2018 C:\Users\kcharest\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14HORIBI\City of Vero Concurrency in 1 Conjunction with a Site Plan.docx 1111 INDIAN RIVER COUNTY BUILDING DIVISION - 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 492 RR RE -ROOF PERMIT #: 92050687 PERMIT TYPE: RR ISSUED DATE: 05/21/1992 BY: BLD07 JOB DESCRIPTION: REPAIR ROOF JOB ADDRESS 1730 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00008.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR: 39957 FOLIO NBR: 33-39-02-00001-0110-N&.0 WWP (2X fee): N OWNER NAME: INCITCO REALTY INC, JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT APPLICANT: JAMES RICHARD PARKS DBA: DOCTOR ROOF OF VERO, INC. SETBACKS FRONT: REAR: FCC CODE: 999 NOT APPLICABLE SQFT: 100 JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: TYPE: CONTRACTOR JOB PHONE: CERT NBR: 2628 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS: 1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. . For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 1 1 I' 1, CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 735 RR RE -ROOF PERMIT #: 95050720 PERMIT TYPE: RR ISSUED DATE: 05/23/1995 BY: BLD06 JOB DESCRIPTION: JOB ADDRESS 1730 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00008.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39957 FOLIO NBR: 33-39-02-00001-0110-06&8.0 WWP (2X fee): N OWNER NAME: INCITCO REALTY INC, JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT APPLICANT: HOLLY WILHELM DBA: MTW ROOFING SETBACKS FRONT: REAR: FCC CODE: 999 NOT APPLICABLE SQFT: 1400 JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: TYPE: CONTRACTOR JOB PHONE: (407)569-6517 CERT NBR: 2629 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS: 1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal . agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 111-3 CDPR2020 INDIAN RIVER -COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 668 FN FENCE PERMIT #: 95110184 PERMIT TYPE: FN ISSUED DATE: 11/07/1995 BY: BLD06 JOB DESCRIPTION: Thigh JOB ADDRESS 1730 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00008.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39957 FOLIO NBR: 33-39-02-00001-0110-06&8.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT APPLICANT: DAN ELLIOTT DBA: SETBACKS FRONT: REAR: FCC CODE: 908 FENCE/WALL: COMMERCIAL SQFT: TIFF #: ADDITIONAL INFO: JOB VALUE: $ 250.00 ROW NBR FLOOD MAP: 158E INSP AREA: TYPE: OWNER JOB PHONE: CERT NBR: JOB FAX: LEFT: RIGHT: #UNITS: #FLOORS #BLDGS: 1 PLAN NBR: IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete_ information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. lj i- q CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 548 RR RE -ROOF PERMIT #: 95110658 PERMIT TYPE: RR ISSUED DATE: 11/22/1995 BY: BLD07 JOB DESCRIPTION: SHINGLE/HIP JOB ADDRESS 1730 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00008.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR: 39957 FOLIO NBR: 33-39-02-00001-0110-OA8.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT APPLICANT: JEFFREY W. KUHNERT DBA: JEFF KUHNERT ENTERPRISES SETBACKS FRONT: REAR: FCC CODE: 999 NOT APPLICABLE SQFT: 1600 JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: TYPE: CONTRACTOR JOB PHONE: (407)562-0883 CERT NBR: 2574 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS:1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any ol'the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 111-5 CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 471 BC BUILDING COMMERCIAL PERMIT #: 96080739 PERMIT TYPE: BC ISSUED DATE: 12/10/1996 BY: BLD06 JOB DESCRIPTION: coverting back flat roof to wood deck with alum rails JOB ADDRESS 1730 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00008.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR: 39957 FOLIO NBR: 33-39-02-00001-0110-t A8.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT 95120077 APPLICANT: BRADFORD GRANDAGE DBA: GRANDAGE HOMES, INC. SETBACKS FRONT: REAR: FCC CODE: 437 NON -RES. ADDIT., ALTER., ETC. SQFT: JOB VALUE: $ 1,400.00 TIFF #: ROW NBR ADDITIONAL INFO: ab/96-mc-115 FLOOD MAP: 158E INSP AREA: CO TYPE: CONTRACTOR JOB PHONE: (407)778-9858 CERT NBR: 1192 JOB FAX: LEFT: RIGHT: #UNITS: #FLOORS #BLDGS: 1 PLAN NBR: 96-1901 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 11P_� CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 560 BC BUILDING COMMERCIAL PERMIT #: 95120486 PERMIT TYPE: BC ISSUED DATE: 01/09/1996 BY: BLD07 JOB DESCRIPTION: ADD. & INT. ALTS. JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-&006.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U PROJECT 95120077 APPLICANT: BRADFORD GRANDAGE DBA: GRANDAGE HOMES, INC. SETBACKS FRONT; REAR: FCC CODE; 437 NON -RES. ADDIT., ALTER., ETC. SQFT: 180 JOB VALUE. $ 15,000.00 TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: CO TYPE: CONTRACTOR JOB PHONE: (407)778-9858 CERT NBR: 1192 JOB FAX: LEFT: RIGHT: #UNITS: #FLOORS #BLDGS:1 PLAN NBR: 96-32 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. )11-'1 CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 752 EL ELECTRICAL PERMIT #: 96010243 PERMIT TYPE: EL ISSUED DATE: 01/10/1996 BY: BLD07 JOB DESCRIPTION: JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-M6.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT 95120077 APPLICANT: THOMAS PYTKO DBA: THOMAS A. PYTKO ELECTRIC SETBACKS FRONT: REAR: FCC CODE; 999 NOT.APPLICABLE SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: EL TYPE: CONTRACTOR JOB PHONE: (407)562-5450 CERT NBR: 6957 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS:1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 1 G f ^ S CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 756 PL PLUMBING PERMIT #: 96010252 PERMIT TYPE: PL ISSUED DATE: 01/10/1996 BY: BLD07 JOB DESCRIPTION: JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-&&6.0 WWP RX fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U PROJECT 95120077 APPLICANT: RONALD ELMO MEEKS DBA: MEEKS PLUMBING, INC. SETBACKS FRONT; REAR: FCC CODE; 999 NOT APPLICABLE SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: PL TYPE: CONTRACTOR JOB PHONE: (407)569-2285 CERT NBR: 664 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS:1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 11 (-q CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 531 ME MECHANICAL PERMIT #: 96010497 PERMIT TYPE: ME ISSUED DATE: 01/18/1996 BY: BLD07 JOB DESCRIPTION: 2.5 tons/ckj-24-1/ 12.0 seer JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-M6.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U PROJECT 95120077 APPLICANT: GEORGE C. FYE DBA: FYE'S A/C & REFRIGERATION SETBACKS FRONT; REAR: FCC CODE; 999 NOT APPLICABLE SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: ME TYPE: CONTRACTOR JOB PHONE: (407)567-9661 CERT NBR: 2459 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS:1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 732 SN SIGN PERMIT #: 96010560 PERMIT TYPE: SN ISSUED DATE: 01/22/1996 BY: BLD06 JOB DESCRIPTION: 96-S-03 JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-&&6.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U PROJECT 95120077 APPLICANT: BRADFORD GRANDAGE DBA: GRANDAGE HOMES, INC. SETBACKS FRONT; REAR: FCC CODE 999 NOT APPLICABLE SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: PM FLOOD MAP: 158E INSP AREA: SN TYPE: CONTRACTOR JOB PHONE: (407)778-9858 CERT NBR: 1192 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS:1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this.permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. IIIA I CDPR2020 INDIAN RIVER COUNTY FIRE DIVISION 1800 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 773 FD FIRE SYSTEM PERMIT #: 97010025 PERMIT TYPE: FD ISSUED DATE: 01/14/1997 BY: BLD06 JOB DESCRIPTION: fire sprinkler system JOB ADDRESS: 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK: 0110 LOT: 00006.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN SUB ADDR NBR: 39956 FOLIO NBR: 33-39-02-00001-0110-00006.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE: X FLOOD ELEV: U FLOOD MAP: 158E INSP AREA: FD PROJECT: 95120077 APPLICANT: JOHN BUSH TYPE: CONTRACTOR JOB PHONE: (407)337-2091 DBA: JOHN BUSH FIRE PROTECTION, INC. CERT NBR: 5200 JOB FAX: SETBACKS FRONT: REAR: LEFT: RIGHT: FCC CODE: 999 NOT APPLICABLE SQFT: JOB VALUE: $ 8,000.00 #UNITS: #FLOORS: #BLDGS: 1 TIFF #: ROW NBR: PLAN NBR: ADDITIONAL INFO: OK DM 1/10/97 IN ACCORDANCE WITH THE FLORIDA FIRE PREVENTION CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires if work has not commenced within six(6) months of being issued or if there is no "Passed" inspection activity for a period of six(6) months per Florida Building Code requirements. To Schedule Inspections call 772-226-1880 www.ircgov.com and select the Building Division Online Services link This permit issued by order of Fire Marshall. For administrative inquiries call 772-226-1880. Owner/Contractor Date WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. This permit is based upon information supplied on the application. Insufficient or erroneous Information does not relieve the applicant of any future requirements that may be imposed to comply with Indian River County Ordinances. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance In order to comply with Indian River County Ordinances. CDPR2020FIRE INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 644 PL PLUMBING PERMIT #: 97120743 PERMIT TYPE: PL ISSUED DATE: 12/23/1997 BY: BLD07 JOB DESCRIPTION: sewer cap for demolition JOB ADDRESS .1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-M6.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U PROJECT 98030166 APPLICANT: RONALD ELMO MEEKS DBA: MEEKS PLUMBING, INC. SETBACKS FRONT; REAR: FCC CODE; 999 NOT APPLICABLE SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: PL TYPE: CONTRACTOR JOB PHONE: (561)569-2285 CERT NBR: 664 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS:1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 111-13 CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 DEMOLITION PERMIT Confirm. #: 489 DM DEMOLITION PERMIT #: 97120849 PERMIT TYPE: DM ISSUED DATE: 12/31/1997 BY: BLD07 JOB DESCRIPTION: garage apt/ sewer cap JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-M6.0 WWP (2X feel: N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT 98030166 APPLICANT: BRADFORD GRANDAGE DBA: GRANDAGE HOMES, INC. SETBACKS FRONT; REAR: FCC CODE; 649 NONRESIDENTIAL DEMOLITION SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: TYPE: CONTRACTOR JOB PHONE: (561)778-9858 CERT NBR: 1192 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS: 1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. Asbestos Notice: It is the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Status, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. NOTICE: There may be addtional restrictions to this property that may be found in the public records of this county, and there may be additional permits required by other governmental entities such as water management districts, state agencies, or federal agencies. FS: 553.79(10) DEMOLITION PERMITS EXPIRE 60 DAYS FROM ISSUED DATE. This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. This permit is based upon information supplied on the application. Insufficient or erroneous information does not relieve the applicant of any future requirements that may be imposed to comply with Indian River County Ordinances. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 111- 0y CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 492 BC BUILDING COMMERCIAL PERMIT #: 98030876 PERMIT TYPE: BC ISSUED DATE: 05/27/1998 BY: BLD07 JOB DESCRIPTION: assisted living facility JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR 39956 FOLIO NBR: 33-39-02-00001-0110-M6.0 WWP RX feel: N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U PROJECT 98030166 APPLICANT: BRADFORD GRANDAGE DBA: GRANDAGE HOMES, INC. SETBACKS FRONT; REAR:. FCC CODE; 437 NON -RES. ADDIT., ALTER., ETC. SQFT: 2580 JOB VALUE: $ 201,292.0( TIFF #: ROW NBR ADDITIONAL INFO: pm/98-mc-005 - FORMBOARD OK 6/8/98/GP FLOOD MAP: 158E INSP AREA: CO TYPE: CONTRACTOR JOB PHONE: (561)778-9858 CERT NBR: 1192 JOB FAX: LEFT: RIGHT: #UNITS: #FLOORS #BLDGS:1 PLAN NBR: 98-794 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 111-15 CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 811 PL PLUMBING PERMIT #: 98060120 PERMIT TYPE: PL ISSUED DATE: 06/03/1998 BY: BLD07 JOB DESCRIPTION: JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-E&6.0 WWP RX feel: N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U PROJECT 98030166 APPLICANT: RONALD ELMO MEEKS DBA: MEEKS PLUMBING, INC. SETBACKS FRONT; REAR: FCC CODE; 999 NOTAPPLICABLE SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: PL TYPE: CONTRACTOR JOB PHONE: (561)569-2285 CERT NBR: 664 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS: 1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 111-1Y CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 515 EL ELECTRICAL PERMIT #: 98060449 PERMIT TYPE: EL ISSUED DATE: 06/11/1998 BY: BLD07 JOB DESCRIPTION: new electric JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-M6.0 WWP RX feel: N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT 98030166 APPLICANT: THOMAS PYTKO DBA: THOMAS A. PYTKO ELECTRIC SETBACKS FRONT: REAR: FCC CODE; 999 NOT APPLICABLE SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: EL TYPE: CONTRACTOR JOB PHONE:(561)562-5450 CERT NBR: 6957 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS:1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS . OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. H 117 CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 554 ME MECHANICAL PERMIT #: 98060484 PERMIT TYPE: ME ISSUED DATE: 06/12/1998 BY: BLD07 JOB DESCRIPTION: 5.0 janitrol ckj060 /12.0 seer JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-WW6.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U PROJECT 98030166 APPLICANT: GEORGE C. FYE DBA: FYE'S A/C & REFRIGREATION, INC. SETBACKS FRONT; REAR: FCC CODE; 999 NOT APPLICABLE SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: ME TYPE: CONTRACTOR JOB PHONE: (561)567-9661 CERT NBR: 2459 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS:1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF. COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a pennit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 1 119 CDPR2020 INDIAN RIVER COUNTY FIRE DIVISION 1800 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 535 FD FIRE SYSTEM PERMIT #: 98070295 PERMIT TYPE: FD ISSUED DATE: 08/07/1998 BY: BLD06 JOB DESCRIPTION: FIRE SPRINKLER JOB ADDRESS: 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK: 01 10 LOT: 00006.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN SUB ADDR NBR: 39956 FOLIO NBR: 33-39-02-00001-0110-00006.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE: X FLOOD ELEV: U FLOOD MAP: 158E INSP AREA: FD PROJECT: 98030166 APPLICANT: WAYNE H. GEY TYPE: CONTRACTOR JOB PHONE: (407)656-3030 DBA: WAYNE AUTOMATIC FIRE SPRINKLERS, INC. CERT NBR: 9306 JOB FAX: SETBACKS FRONT: REAR: LEFT: RIGHT: FCC CODE: 999 NOT APPLICABLE SQFT: JOB VALUE: $ 2,389.00 #UNITS: #FLOORS: #BLDGS: 1 TIFF #: ROW NBR: PLAN NBR: SEE98-794 ADDITIONAL INFO: IN ACCORDANCE WITH THE FLORIDA FIRE PREVENTION CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements In this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires if work has not commenced within six(6) months of being issued or if there is no "Passed" inspection activity for a period of six(6) months per Florida Building Code requirements. To Schedule Inspections call 772-226-1880 www.ircgov.com and select the Building Division Online Services link This permit issued by order of Fire Marshall. For administrative inquiries call 772-226-1880. Owner/Contractor Date WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR.AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. This permit is based upon information supplied on the application. Insufficient or erroneous information does not relieve the applicant of any future requirements that may be Imposed to comply with Indian River County Ordinances. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 1 I H ! CDPR2020FIRE INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 651 RF NEW ROOF PERMIT #: 98080126 PERMIT TYPE: RF ISSUED DATE: 08/05/1998 BY: BLD02 JOB DESCRIPTION: JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR: 39956 FOLIO NBR: 33-39-02-00001-0110-M6.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT 98030166 APPLICANT: CHARLES JEWETT DBA: CHARLES ALLEN JEWETT SETBACKS FRONT: REAR: FCC CODE: 999 NOT APPLICABLE SQFT: 4000 JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: CO TYPE: CONTRACTOR JOB PHONE: (561)778-2530 CERT NBR: 1194 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS:1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 1(1—ao CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 564 IN INSULATION PERMIT #: 98080365 PERMIT TYPE: IN ISSUED DATE: 08/11/1998 BY: BLD07 JOB DESCRIPTION: new insulation JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-%&6.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U PROJECT 98030166 APPLICANT: RUSSELL A. SOBCZAK DBA: GALE INSULATION OF VERO SETBACKS FRONT; REAR: FCC CODE; 999 NOT APPLICABLE FLOOD MAP: 158E INSP AREA: CO TYPE: CONTRACTOR JOB PHONE: (561)589-1514 CERT NBR: 6016 JOB FAX: LEFT: RIGHT: SQFT: JOB VALUE: $ 2,800.00 #UNITS: #FLOORS #BLDGS: 1 TIFF #: ROW NBR PLAN NBR: ADDITIONAL INFO: BATTS - CERT - R-19 - 6" BATTS - CERT -R-30 - 10" FIBERGLASS -BLOWN - CERT - R-30 -12" FI -FOIL - FI -FOIL CORP - R-4.2 - 1" IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 111--- I CDPR2020 0� INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT. Confirm. #: 572 MC COMMERCIAL MISC. PERMIT #: 98100359 PERMIT TYPE: MC ISSUED DATE: 10/09/1998 BY: BLD07 JOB DESCRIPTION: paving JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001 -011 0AN6.0 WWP (2X fee): Y OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U PROJECT 98030166 APPLICANT: JOSEPH L. FRANCIS DBA: DECORATIVE CONCRETE DESIGNS OF CEI SETBACKS FRONT; REAR: FCC CODE; 437 NON -RES. ADDIT., ALTER., ETC. SQFT: 2000 JOB VALUE: $ 2,600.00 TIFF #: ROW NBR 4210 ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: MC TYPE: CONTRACTOR JOB PHONE: (561)567-8894 CERT NBR: 9584 JOB FAX: LEFT: RIGHT: #UNITS: #FLOORS #BLDGS:1 PLAN NBR: 98-794 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 11 i-- ate. CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 671 IR IRRIGATION PERMIT #: 98100680 PERMIT TYPE: IR ISSUED DATE: 10/20/1998 BY: BLD06 JOB DESCRIPTION: JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; , 39956 FOLIO NBR: 33-39-02-00001-0110-&&6.0 WWP RX fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT 98030166 APPLICANT: MICHAEL MURRAY SMITH DBA: ALTERNATIVE IRRIGATION SERVICES SETBACKS FRONT: REAR: FCC CODE: 999 NOT APPLICABLE SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: IR TYPE: CONTRACTOR JOB PHONE: (561)388-6061 CERT NBR: 9957 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS:1 IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. III -a3 CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 486 SN SIGN PERMIT #: 98100995 PERMIT TYPE: SN ISSUED DATE: 10/30/1998 BY: BLD07 JOB DESCRIPTION: EDEN ESTATE JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-&&6.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U PROJECT 98030166 APPLICANT: INC ELDERLY LOVING CARE DBA: SETBACKS FRONT; REAR: FCC CODE; 999 NOT APPLICABLE SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: AB FLOOD MAP: 158E INSP AREA: TYPE: OWNER JOB PHONE: CERT NBR: JOB FAX: LEFT: RIGHT: #UNITS: #FLOORS #BLDGS: 1 PLAN NBR: IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 111=a� CDPR2020 APPL DATE 2/12/2001 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT APPLICATION ME MECHANICAL Confirm. #: 595 PERMIT #: 2001020490 PERMIT TYPE: ME ISSUED DATE: BY: JOB DESCRIPTION: HV0650/ PA10JA030000/ 2.5 TONS/ 10.0 SEER JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-&&6.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X PROJECT APPLICANT: DBA: FLOOD ELEV; U SETBACKS FRONT; REAR: FCC CODE; 999 NOT APPLICABLE SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: TYPE: OWNER JOB PHONE: CERT NBR: JOB FAX: LEFT: RIGHT: #UNITS: #FLOORS #BLDGS: PLAN NBR: IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. I I- a5 CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 840 MP MISCELLANEOUS PERMIT #: 2002100031 PERMIT TYPE: MP ISSUED DATE: 10/01/2002 BY: BLD08 JOB DESCRIPTION: JOB ADDRESS 1730 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00008.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39957 FOLIO NBR: 33-39-02-00001-0110-0wv8.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT APPLICANT: LINEBURG, GREGORY L. DBA: CREATIVE CONCRETE DESIGN, INC. SETBACKS FRONT: REAR: FCC CODE: 437 NON -RES. ADDIT., ALTER., ETC. SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: TYPE: CONTRACTOR JOB PHONE: (772)461-3738 CERT NBR: 10428 JOB FAX: LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS: IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. II(-�( CDPR2020 INDIAN RIVER COUNTY FIRE DIVISION 1800 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 646 FI BURGLAR/FIRE ALARM PERMIT #: 2004010244 PERMIT TYPE: FI ISSUED DATE: 02/11/2004 BY: BLDJR JOB DESCRIPTION: EARLY LEARNING ACADEMY DAYCARE FIRE ALARM JOB ADDRESS: 1730 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK: 0110. LOT: 00008.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN SUB ADDR NBR: 39957 FOLIO NBR: 33-39-02-00001-01 10-00008.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE: X FLOOD ELEV: U FLOOD MAP: 158E INSP AREA: PROJECT: APPLICANT: MARCIL, ROGER L. TYPE: CONTRACTOR JOB PHONE: (772)770-0111 DBA: ABSOLUTE PROTECTION TEAM, INC. CERT NBR: 1495 JOB FAX: (772)770-3375 SETBACKS FRONT: REAR: LEFT: RIGHT: FCC CODE: 999 NOT APPLICABLE SQFT: JOB VALUE: $ 5,523.00 #UNITS: #FLOORS: #BLDGS: TIFF #: ROW NBR: PLAN NBR: ADDITIONAL INFO: noc O1 /08/2004 IN ACCORDANCE WITH THE FLORIDA FIRE PREVENTION CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires if work has not commenced within six(6) months of being issued or if there is no "Passed" inspection activity for a period of six(6) months per Florida Building Code requirements. To Schedule Inspections call 772-226-1880 www.ircgov.com and select the Building Division Online Services link This permit issued by order of Fire Marshall. For administrative inquiries call 772-226-1880. Owner/Contractor Date WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. This permit is based upon information supplied on the application. Insufficient or erroneous information does not relieve the applicant of any future requirements that may be imposed to comply with Indian River County Ordinances. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. `I 11 -XI CDPR2020FIRE INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 776 MC COMMERCIAL MISC. PERMIT #: 2004070101 PERMIT TYPE: MC ISSUED DATE: 07/02/2004 BY: BLD12 JOB DESCRIPTION: DRIVEWAY JOB ADDRESS 1730 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00008.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39957 FOLIO NBR: 33-39-02-00001-0110-t 6&8.0 WWP (2X fee): N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE X PROJECT APPLICANT: DBA: FLOOD ELEV: U SETBACKS FRONT: REAR: FCC CODE: 437 NON -RES. ADDIT., ALTER., ETC. SQFT: 800 JOB VALUE: $ 1,300.00 TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E TYPE: OWNER CERT NBR: LEFT: INSP AREA: JOB PHONE: JOB FAX: RIGHT: #UNITS: #FLOORS #BLDGS: PLAN NBR: IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. I I (- a� CDPR2020 INDIAN RIVER COUNTY FIRE DIVISION 1800 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 228 FD FIRE SYSTEM PERMIT #: 2004070886 PERMIT TYPE: FD ISSUED DATE: 07/29/2004 BY: BLDJR JOB DESCRIPTION: FIRE ALARM FOR 1730A & 1730B 24TH ST. THIS ADDRESS APPROVED BY P & Z JOB ADDRESS: 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK: 0110 LOT: 00006.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN SUB ADDR NBR: 39956 FOLIO NBR: 33-39-02-00001-0110-00006.0 WWP (2X feel: N OWNER NAME: ELDERLY LOVING CARE, INC JURISDICTION: VB FLOOD ZONE: X FLOOD ELEV: U FLOOD MAP: 158E INSP AREA: PROJECT: APPLICANT: MARCIL, ROGER L. TYPE: CONTRACTOR JOB PHONE: (7721770-0111 DBA: ABSOLUTE PROTECTION TEAM, INC. CERT NBR: 1495 JOB FAX: (772)770-3375 SETBACKS FRONT: REAR: LEFT: RIGHT: FCC CODE: 999 NOT APPLICABLE SQFT: JOB VALUE: $ 8,160.00 #UNITS: #FLOORS: #BLDGS: TIFF #: ROW NBR: PLAN NBR: ADDITIONAL INFO: IN ACCORDANCE WITH THE FLORIDA FIRE PREVENTION CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires if work has not commenced within six(6) months of being issued or if there is no "Passed" inspection activity for a period of six(6) months per Florida Building Code requirements. To Schedule Inspections call 772-226-1880 www.ircgov.com and select the Building Division Online Services link This permit issued by order of Fire Marshall. For administrative inquiries call 772-226-1880. Owner/Contractor Date WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. This permit is based upon information supplied on the application. Insufficient or erroneous information does not relieve the applicant of any future requirements that may be Imposed to comply with Indian River County Ordinances. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance In order to comply with Indian River County Ordinances. CDPR2020FIR III -di APPL DATE 11/7/2004 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT APPLICATION SN SIGN Confirm. #: 371 PERMIT #: 2004110848 PERMIT TYPE: SN ISSUED DATE: BY: JOB DESCRIPTION: JOB ADDRESS 1730 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00008.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39957 FOLIO NBR: 33-39-02-00001-0110-N&.0 WWP RX fee): N OWNER NAME: LISDEN ENTERPRISES INC JURISDICTION: VB FLOOD ZONE X PROJECT APPLICANT: DBA: FLOOD ELEV: U SETBACKS FRONT: REAR: FCC CODE: 999 NOT APPLICABLE SQFT: JOB VALUE: TIFF #: ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: TYPE: OWNER JOB PHONE: CERT NBR: JOB FAX: LEFT: RIGHT: #UNITS: #FLOORS #BLDGS: PLAN NBR: IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. it -3-0 CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 651 PL PLUMBING PERMIT #: 2009050321 PERMIT TYPE: PL ISSUED DATE: 05/20/2009 BY: BLD12 JOB DESCRIPTION: INSTALL NEW KITCHEN SINK JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-E&6.0 WWP (2X fee): N OWNER NAME: JCM FOUNDATION CORP JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U FLOOD MAP: 158E INSP AREA: PROJECT APPLICANT: LOVELY, KEVIN JOHN TYPE: CONTRACTOR JOB PHONE: (772)581-0087 DBA: KEVIN LOVELY'S PLUMBING CERT NBR: 9487 JOB FAX: SETBACKS FRONT; REAR: LEFT: RIGHT: FCC CODE; 434 RES. ADDIT., ALTER., & CONVERS. SQFT: JOB VALUE: $ 800.00 #UNITS: #FLOORS #BLDGS: TIFF #: ROW NBR PLAN NBR: ADDITIONAL INFO: IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. W-31 CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 677 BCALT COMMERCIAL ALTERATION PERMIT #: 2015120115 PERMIT TYPE: BCALT ISSUED DATE: 12/03/2015 BY: BLDCR JOB DESCRIPTION: RE ROOF SMALL PORCH/ NEW DECK W/ RAILINGS JOB ADDRESS 1730 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00008.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39957 FOLIO NBR: 33-39-02-00001-0110-&6&8.0 WWP (2X fee): Y OWNER NAME: KIDUACATION INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT 95120077 APPLICANT: PROFETA SR, ANTHONY, VINCENT DBA: ARK HOME REMODELING INC SETBACKS FRONT: REAR: FCC CODE; 831 ALTERATIONS; COMMERCIAL SOFT: 0 TIFF #: JOB VALUE: $ 1,500.00 ROW NBR ADDITIONAL INFO: Check distance from power line to new balcony. RM FLOOD MAP: 158E INSP AREA: TYPE: CONTRACTOR JOB PHONE: (772)489-2744 CERT NBR: 20649 JOB FAX: (772)489-2744 LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS: IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. CDPR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. #: 260 BCALT COMMERCIAL ALTERATION PERMIT #: 2017080865 PERMIT TYPE: BCALT ISSUED DATE: 09/18/2017 BY: BLDDBW JOB DESCRIPTION: NEW DECK JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION M. 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR 39956 FOLIO NBR: 33-39-02-00001-0110-&&6.0 WWP (2X fee): N OWNER NAME: KIDUCATION INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV; U PROJECT 98030166 APPLICANT: DAVID CARLTON VAN GINHOVEN DBA: D C CONSTRUCTION & COMPANY INC FLOOD MAP: 158E INSP AREA: TYPE: CONTRACTOR JOB PHONE: (772)567-4237 CERT NBR: 13437 JOB FAX: SETBACKS FRONT; REAR: LEFT: FCC CODE; 831 ALTERATIONS; COMMERCIAL SQFT: 0 JOB VALUE: $ 6,012.37 #UNITS: TIFF #: ROW NBR PLAN NBR: ADDITIONAL INFO: Permit cancellation request from contractor,see letter in CD+. RIGHT: #FLOORS #BLDGS: IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:553.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. 111-33 CDPIR2020 INDIAN RIVER COUNTY BUILDING DIVISION 1801 27TH STREET VERO BEACH, FL 32960 PERMIT Confirm. M 633 RR RE -ROOF PERMIT #: 2018010008 PERMIT TYPE: RR ISSUED DATE: 01/02/2018 BY: BLDDBW JOB DESCRIPTION: MODIFIED TO MODIFIED, 1200 SQ FT, SLOPE 1/4:12 JOB ADDRESS 1728 24TH ST OXFORD ACADEMY PRESCHOOL BLOCK 0110 LOT: 00006.0 SUBDIVISION #: 1019-VERO BEACH (CITY OF) ORIGINAL TOWN ADDR NBR; 39956 FOLIO NBR: 33-39-02-00001-0110-&&6.0 WWP (2X fee): N OWNER NAME: KIDUCATION INC JURISDICTION: VB FLOOD ZONE X FLOOD ELEV: U PROJECT 98030166 APPLICANT: LUCAS, PAUL, RAYMOND DBA: LUCAS ROOFING INC. SETBACKS FRONT; REAR: FCC CODE; 831 ALTERATIONS; COMMERCIAL SQFT: JOB VALUE: $ 10,300.00 TIFF M ROW NBR ADDITIONAL INFO: FLOOD MAP: 158E INSP AREA: TYPE: CONTRACTOR JOB PHONE: (772)567-0625 CERT NBR: 14663 JOB FAX: (772)778-9457 LEFT: #UNITS: PLAN NBR: RIGHT: #FLOORS #BLDGS: IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND THE APPLICATION ON FILE IN THIS OFFICE, WORK MUST BE INSPECTED BEFORE BEING CONCEALED OR COVERED. NOTICE: In addition to the requirements in this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. FS:663.79(10) A permit expires unless work is commenced and a "passed" inspection is obtained within 180 days after its issuance. Exception: ALL DEMOLITION PERMITS WILL EXPIRE 60 DAYS FROM ISSUE DATE. Schedule Inspections Online at: www.ircgov.com and select the Building Division Online Services link This permit issued by order of Building Official. For administrative inquiries call 772-226-1260. Owner/Contractor Date Print Name WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 105.6 Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordiance or regulation or any of the provisions of this code. Engineering reserves the right to modify the original permitted conditions as needed at any time prior to final acceptance in order to comply with Indian River County Ordinances. II1_3L� CDPR2020 i;a a/ INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: November 29, 2018 To: Jason Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Cindy Corrente, Finance Manager, Utility Services Prepared By: Terry Southard, Operations Manager, Utility Services Subject: Request to Waive Bid Process for Caustic Soda Chemical BACKG ROU N D/ANALYSIS: Indian River County Department of Utility Services (IRCDUS) has two (2) water production facilities that use caustic soda for the treatment of water. With most chemicals used in water production, staff goes out to bid for an annual locked -in rate. However, the caustic soda market is quite volatile, and the bid process does not yield the best prices. Therefore, staff typically seeks price quotes every 4-6 weeks in order to assure we are getting the lowest cost available for caustic. As a result, we process several purchase orders each year for caustic. IRCDUS typically obtains quotes from the same three vendors: Allied Universal Corp, Brenntag Mid -South Inc., and Harcros Chemicals Inc. Staff typically encumbers $50,000.00 each time a quote is obtained, with encumbrances over $25,000.00 requiring the County Administrator's approval. FUNDING: Funds for the caustic soda purchase are available in the Chemicals account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. A total of $256,000.00 is budgeted for Caustic Soda in Fiscal Year 2018/2019. Description Account Number Amount 219 Water Treatment - Chemicals 1 47121936-035230 $256,000.00 RECOMMENDATION: Staff recommends that the Board of County Commissioners waive the requirement for bids for caustic soda for Fiscal Year 2018/2019 and authorize the Purchasing Manager, after approval by the Budget Office, to approve purchase orders and change orders for authorized firms up to the available budgeted amount. C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@6COE3744\@BCL@6COE3744.doc Page 1 off 12 Regular Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: November 29, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: Barrier Island Reclaimed Water Main System Analysis DESCRIPTIONS AND CONDITIONS: Indian River County has historically provided reclaimed water (a.k.a. reuse) to area golf courses for irrigation. Recently, as part of the capital improvement plan implementation outlined in the Reclaimed Water Franchise Agreement between the Town of Indian River Shores (Town) and Indian River County, the expansion of the County's reuse system evaluation is a requirement. However, this process began seven years ago. As part of that process to provide reclaimed water service to Indian River Shores and the North Barrier Island (south of SR 510), on December 13, 2011, the Indian River County Board of County Commissioners (BCC) approved Work Order No.1 to Schulke, Bittle & Stoddard, LLC. Only the hydraulic analysis portion of Phase I of that work order was complete when the project was halted in March 2012 due to the termination of the City of Vero Beach (City) water and wastewater utilities purchase agreement between the City and Indian River County, and the Town signing a franchise agreement with the City for the City to provide reuse. ANALYSIS: Staff reached out to Schulke, Bittle & Stoddard, LLC (SBS) to perform an engineering feasibility analysis to run a pressurized reuse transmission main along the A1A corridor fed from a storage and repump station at the Sea Oaks Wastewater Treatment Plant (WWTP) site. Given the tight constraints of existing infrastructure within the AIA corridor, in order to accurately determine the feasibility of a reuse transmission main, SBS re-evaluated the corridor prior to submitting a proposal. As part of the evaluation, SBS determined the need for extensive existing utility locates in, around, and under the AIA right-of-way corridor. This analysis will be accomplished by SBS securing an underground utility contractor to physically locate the existing underground utilities via pot holing. Once the underground existing utilities are located, the horizontal and vertical information will be surveyed. Therefore, approximately 52.3% of the cost of the subject work order is attributed to locating the existing underground utilities within the A1A corridor in order to accurately determine if a reuse main can be installed. The work order has been provided in accordance with the Continuing Contract Agreement for Professional Engineering Services with SBS dated April 17, 2018. The scope is more specifically described in the attached Work Order No. 3. The total negotiated cost for Work Order No. 3 is a total sum amount of 113. $102,800.00. If approved, please note that the initial surveying work will not start until mid-January 2019 due to the current work load the consultants are experiencing. Therefore, substantial completion of this evaluation is estimated to take six to eight months from notice to proceed. FUNDING: Funding for the North County Reuse Main System is available within the Utilities Capital Fund. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for the expansion and construction of the facilities, and that new growth will benefit from the expansion and construction of the facilities. If the project does not come to fruition, the expenses will have to be transferred to Other Professional Services in the operating fund. Operating funds are generated from water and sewer sales. Description Account Number Amount Barrier Island Reuse Main System Feasibility 472-169000-18532 $102,800.00 Analysis RECOMMENDATION: Staff recommends approval of Work Order No. 3 authorizing the mentioned professional services and requests the Board to authorize the Chairman to execute Work Order No. 3 on their behalf for a total sum amount of $102,800.00 to Schulke, Bittle & Stoddard, LLC. ATTACH M E NT(s): Work Order No. 3 and supporting documents (17 Pages) C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@280EF348\@BCL@280EF348.docx 114 WORK ORDER NUMBER 3 North County Re -Use. Water Main (A -1-A and CR 510) This Work Order Number 3 is entered into as of this day of . 2018, pursuant to that certain Continuing Contract Agreement for Professional Services, dated April 17, 2018, (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Schulke, Bittle and Stoddard, LLC ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (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,2 (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 3 (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: Schulke, Bittle By: BOARD OF COUNTY COMMISSIONERS LLC OF INDIAN RIVER COUNTY By: J seph chulke, P.E. Bob Solari, Chairman Title: anikink Member BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 115 Exhibit 1 (Scope of Work) WORK ORDER NO.3 Proiect Description The project includes preparation of a report determining the feasibility to provide irrigation quality re-claimed water (Re -Use Water) for the North Indian River County barrier island vicinity, including the feasibility to run new re -use water mains south on SR A -I -A, from CR 510 to Old Winter Beach Road, and the report will provide preliminary recommendations on the size and location of the re -use water transmission main and distribution mains in SR A=1 -A, and size of storage tanks and pumping station(s) to be located in Sea Oaks WWTP site. Scope of Services The subject Re -Use system infrastructure is generally located within approximately 2.4 miles (12,720 If) of A -1-A, from Cr510 to Old Winter Beach Road. The system is more particularly described as follows: A new utility connection for a new re -use water transmission main will be made to an existing 16" PVC Re -Use transmission main at the intersection of CR510 and SR A- 1 -A. This existing.16" re -use transmission main comes from the mainland, crosses the Indian River Lagoon, along the north side of CR510 to SR .4-1-A This main transmits re -use water from the Central and West Regional WWTP to several communities south of CR510, via an existing 8" re -use transmission main. This 8" main extends south on A-1 A from and is fed by the existing 16" main. This main provides limited volumes of re-claimed water to several communities between CR510 and Sea Oaks WWTP. A new larger diameter re -use transmission main will replace the existing 8" transmission main along A -1-A. It will connect to the existing 16" transmission main at Cr5.10 and SR A -1-A, and will run south 44151f from CR510 to the inactive North County (Sea Oaks) WWTP located within the Sea Oaks community. The .size, location and type of material and installation methods of this transmission main will be, considered, determined and recommended as part of this study. - Storage Tanks and a pump station are proposed to be sited at the Sea Oaks WWTP, to store re -use water that is delivered from the new larger diameter re -use transmission main. The pump station will pump from the storage tanks into a new. re -use main distribution network which will distribute re -use water to the north and south of Sea Oaks, WWTP. The distribution network will consist of 1. Running north: the existing 8" re -use transmission main that was re -placed will be converted to a distribution main. This main is approximately 4415 If along SRA -I -A, from Sea Oaks to Cr510. 2. Running south: a new re -use distribution main will be installed from Sea Oaks and will run south along SR A -1-A, approximately 8305 If to OId Winter Beach Road. The size and general location of the storage tanks and pumps; and the size, location and type of material and installation methods for the new distribution main will be considered, determined and recommended as part of this study. 116 - Along the length of the new re -use distribution mains, stub -outs with valves will be located at strategic locations for the future connection and.distribution of re -use water to irrigation systems to several communities including, but not limited to: 1. North of Sea Oaks - Disney Resort(east and west) - North Shore Club S/D - Coral stone - Bermuda Club - Sea Oaks 2. South of Sea Oaks - Grand Harbor Beach Club - The Island Club - Bay Tree Condominium - Marbrisa - Sea Colony (east and west) - Indian Trails - Avalon - Ocean Pearl (east and west) VB Estates (undeveloped .parcel) - Palm Island Plantation - Carlton VB - River Club - John's Island - The list of developments above may be added to or deleted from depending on circumstances that may arise during the evaluation. Schulke, Bittle & Stoddard, L.L.C. will provide engineering services in several Tasks, as outline below. The engineer must obtain written authorization from IRCDUS staff prior to proceeding with each subsequent task of the work. Task 1: Survey and Base plan preparation 1. Request locates from. all utility providers. 2. Route survey of SR A-1 -A from Cr510 to Old Winter Beach Road. Route survey will be prepared by a registered land surveyor and will include the location of the "locates" from utility providers, topography, location of any above ground utilities and other infrastructure. 3.. Physical location of existing utility infrastructure in SR A -1-A ROW. This will be. accomplished by "pot holing" the ROW -Excavation of a trench perpendicular to the paved road within the grassed areas between the EOP and the ROW line for field verification of actual locations of existing underground utilities and structures ("pot holing"). For fee estimating purposes, thirty-four (34) "pot holed" locations are assumed. SBS will retain a licensed utility contractor for this work. 4. Obtain, review and import or translate (re -draw) into a drawing any utility and infrastructure as-builts and/ or construction drawing(s) SBS can attain from IRCDUS, IRC PW, FDOT and other sources. 117 5. Prepare an Engineering base plan (CAD drawing) of existing conditions along the route of A -1-A, incorporating the .information and drawings obtained or created via steps 1-4 above. Task 2: Preliminary Engineerine — Re -use main route: 1. Evaluation of Base map and determination of best route for the new re -use transmission main and distribution main network. 2. Obtain geotechnical data — soil borings along the route of the main, and at select locations where improvements may be proposed. 3. Prepare preliminary construction plans of the route of the main(s). Plans will depict the new re -use transmission main, distribution main(s), and stubbed -out service locations, from CR510 to Old Winter Beach Road. 4: Prepare preliminary. construction cost estimate for the placement of the: mains along the route, from CR510 to Old Winter Beach Road. The estimate will include costs based on an assumption that the Transmission main is 16" dia. to Sea Oaks WWTP, and the distribution main is 12" from Sea Oaks WWTP to Old Winter Beach Road, and 2" to 6" dia. stub -outs with valves at potential re -use customer service locations (12" stub -out at JI). 5. Prepare preliminary report of findings — the objective is to determine if the construction of a large diameter re -use transmission main is possible and feasible along the SR A -1-A ROW. Task 3: Preliminary Engineerine — Hydraulic Model/ system recommendations/ Final report 1. Evaluation of the service area, prepare an estimate of current and future re -use water (irrigation) needs. Prepare hydraulic analysis/model of the IRCDUS re -use water system proposed to service this area to determine and make recommendations for the system components, including the re -use main size(s), pump stations) and storage tank(s), and other system infrastructure. 2. Prepare revised preliminary construction plans of the route of the mains, edited based on results of the modeling efforts. 3. Prepare revised construction cost estimate — edit estimate based on results of the modeling efforts and adding costs for storage tank and pump station at Sea Oaks WWTP. 4. Prepare the Final Report discussing the feasibility to run new Re -Use Water Mains south on SR A -1-A, from CR 510 to Old Winter Beach Road, and provide preliminary recommendations on the size and location of the re -use water transmission main and distribution mains in SR A -1-A and providing size of storage tanks and pumping station(s) located in .Sea Oaks WWTP site. See Exhibit "A" for location map and conceptual plan. In connection with this project, Indian River County will provide the Engineer with a copy of any pertinent preliminary data .or reports, all available drawings in electronic AutoCad format; all surveys, maps, record drawings and design drawings and other documentation in the possession of or reasonably available to the County that are pertinent to the project. In order to execute this project in the most cost-effective manner with the most aggressive schedule, Schulke, Bittle & Stoddard, L.L.C. is using the following sub -consultants: 118 • Houston, Schulke, Bittle & Stoddard, Inc. DBA Meridian Land Surveyors - for the route and boundary survey(s). • KSM Engineering & Testing, Inc. for soil boring / Geotechnical Evaluation. • Josan Construction — to pot hole existing utilities Services not included in this scope of work are: • 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 work. • Final engineering design/permitting; final construction plans: 119 EXHIBIT `2' FEESCHEDULE WORK ORDER NO.3 Method and Amount of Compensation Schulke, Bittle & Stoddard, L.L.C. proposes to provide the outlined Scope of Work (see Exhibit `1', attached and pre -ceding this exhibit) for compensation by IRC, the amounts listed below: Task 1: Survey and Base Plan Preparation $60,800.00 - Utility locates and Prepare route survey of SR A -1-A $ 8,500.00 Excavation / "pot holing" existing utilities, backfill, $40,800.00 *est. re -grade and grass disturbed areas. (if required). (assume 34 locations, by a licensed utility contractor) - Survey of "pot holed" utilities $ 4,000.00 Base Plan preparation $ 7,500.00 Task 2: Preliminary Engineering — Re -use main route: $16,000.00 Base Plan evaluation $ 2,000.00 Geotechnical data — soil borings (1 per 500 ft+- along route). $ 4,000.00 Preliminary Construction plan and cost estimate (of re -use mains) $ 7,500.00 - Preliminary Report of Findings $ 2,500.00 Task 3: Preliminary Engineering — Hydraulic Model/ system recommendations/ Final report $24,000.00 Evaluation of service area, and hydraulic analysis/model of the IRCDUS re -use water system proposed to service this area $ 14,000.00 Revise/ update preliminary construction plans and cost estimate $ 4,000.00 Prepare .Final Report — attend BCC and other public meetings (as required) $ 6,000.00 Reimbursable Expenses: $ 2,000.00 est. Reimbursement for payment of direct costs, including Reproduction, copies, prints, mail, Fed -Ex, etc. (See next page for actual costs) TOTAL: 1$102,800.00 *est. = estimated amount. Actual cost will vary depending on quantity provided. Price based on cost of utility crew at $1200 per day, and one trench excavation, survey and restoration per day 120 EXHIBIT `2' FEESCHEDULE WORK ORDER NO.3 Printing and Reproduction, Mail and delivery 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 24 X 36 prints $ 2.00/ea 11" x 17" $ 0.50/sheet CD $ 4.00/each The county shall make direct payment to our office for the actual cost of mail, Fed -Ex, or similar costs for delivery of plans and documents to jurisdictional agencies, contractors, etc. Application Fees Not Applicable 121 EXHIBIT `3' TIME SCHEDULE. WORK ORDER NO.3 Time of Performance The estimated time frame for completion of services from. the. approval of this Work Order is as follows: Task 1— Survey and Base :Plan Preparation: Utility locates, route survey, excavation/"pot holing", 4'/z Months backfill, regrade and grass disturbed areas, survey of utilities, base plan preparation Task 2 — Preliminary Engineering — Re -Use Main Route: Base plan evaluation, soil borings, preliminary 1 %2' Months construction plan, cost estimate, preliminary report of findings Task 3 — Preliminary Engineering — Hydraulic Model / System Recommendation / Final Report: Evaluation of service area, hydraulic analysis/model N2 Months of IRCDUS re=use water system, revise/update preliminary construction plans and cost estimate, prepare .final report, attend BCC and other public meetings (as required) Remainder of Page Intentionally Left Blank P. 1 of 1 122 t � '"� i. 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UTILITIES DEPARTMENT 1717 INDIAN RIVER BLVD.. SUITE 201 VERO BEACH. FLORIDA 32960 TEL 7721770.9622 FAX 7721770.9496 EMAIL inlo@sbsengineers.com (C.R. 510 TO OLD WINTER BEACH RD.) 24OF _ TCHLI 1, ' 1 SE SHEEN.----- — --- — —j� �\ /5 CORAL.STOI(Wl`: © • a NORTH SHORE NORTH T5.93 AG 'F. \�P p CLUB �' % GRAPHIC scAl t 2 on t 9.85 ACRES 0 200 1-1 \moi PQTHOLE 40CATION ( IN FEET ) \ \` TYPICAL r- 1 inch = 200 ft. 8 � _BERM,13151 ACR UB ` 0���a�\\ \��c• ATLANTIC 93 LOTS �' � ;\ ,111 OCEAN �\ ` • \ PROP. 16', T.M. ' EXIST. 8" \\ (PASEA OAKS � %D.M.�A �\\ EAST _ X\'PO t 22.87 ACRES 9 f SEA OAKS WEST\\ - 93.65 ACRES ` 4 \\ •'s I fT1`1 t 190 LOTS 1 o a• SEA OAKS \, BLVD o \\ •\per: r A. Y UNIZ-22" E2 1 ♦ \\ o70I� asoh CarPor "-te) c ATTACHMENT W TO EXHIBIT 1 SCHULKE, BITTLE & STODDARD, L.L.C. I 16 "AND 12" RE-USE WATER ATTACHMENT A LOCATION MAP AND CONCEPTUAL PLAN fm & s RUCILO c DM40M • LAW PL4W= • EM9i0NkVV K POW= 2 A-1-A RE-USE MAIN mmrAmN a w1IN01111MM No.: aoaoeees MAIN ROUTE 2` OF 8 I.R.C. 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'�• f-:rr.. � _ .: _ - je- Lr. o AL 1L �Y 2018 Mitrrxoh , anon 6 O,WGbbc OCNES (20I8)LiEu{ipn A,.MIs DS = • I ATTACHMENT'A' TO EXHIBIT 1 SCHULKE, BITTLE & STODDARD, L.L.C. 16" AND 12" RE -USE WATER ATTACHMENT A LOCATION MAP AND CONCEPTUAL PLAN OK a SMXVA It DCWMM -" PLAMM G • DMONWAL PfWff7MMAIN ROUTE 7 A -1-A RE -USE MAIN convr-m ON 0° "I1A10AQ""0N N0. 0000e6et 3OOF 8 I.R.C. UTILITIES DEPARTMENT 1717 INDIAN RIVER BLVD.. SUITE 201 VERO BEACH. FLORIDA 32960 (C.R. 510 TO OLD WINTER BEACH RD.) TEL 7721770-9622 FAX 7721770.9496 EMAIL infoosbsengineem.c m �' �"• �- t . �- -lam OR ' •GlU PHY qC W 0-" SAND RSIDE 1' �-r 1 in h = 20 f 121, CITS 1 J t ISLAND CLUB PHASES I & II - + u 34:94 ACRES - (iv. A 13A1 It 4 + • � .t•? . . .. rte. � t i "{ •.s. ,.i) I .. .'� -i ISA 0 CIES ,% f • Y$'• a� IAAF C( .1 r�=.. fes.: LY`,C.� � a✓ t r la r �.7 Q W, • � `,� ` „~ I `b - �/,q � _may/,l'�`i��i.• F-.� t n r_ ,� ���' - �wwri 5{,�� � •�-1.. ATTACHMENT'A' TO EXHIBIT 1 SCHULKE, BITTLE & STODDARD, L.L.C. 16^ AND 12" RE -USE WATER ATTACHMENT A LOCATION MAP AND CONCEPTUAL PLAN MAIN ROUTE 8 eft a S7ao ne, G •"RAMNNC • fh49KNtl WAL PDO77 G A -1-A RE -USE MAIN a An"OnKMN No. 00005m31 OF 8 I.R.C. UTILITIES DEPARTMENT 1717 INDIAN RIVER BLVD.. SUITE 201 VERO OEACK FLORIDA 32960 TEL 772 1 7 70-9622 FAX 7721770-9496 EMAIL info®sbsen&weers com (C.R. 510 TO OLD WINTER BEACH RD.) INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 4, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Subject: Blue Cypress Lake Informational Update BACKGROUND: On June 19, 2018, the Indian River County Board of County Commissioners (BCC) directed staffwith compiling existing data on monitoring activities that are being, or have been, performed on and around the Blue Cypress Lake (BCL) in western Indian River County. This request was a result of publications in which regulatory agencies were quoted as saying that the water quality of the lake has degraded, possibly linked to the land application of biosolids near the lake. BCL is classified under Florida Department of Environmental Protection's (FDEP) Surface Water Quality Standards Classes as a Class I waterbody (Potable Water Supply), forming the headwaters of the St. Johns River. Staff presented this information to the BCC on July 10, 2018, and the BCC directed staff to work with the Florida Department of Environmental Protection (FDEP) and the St Johns River Water Management District (SJRWMD) staff on the status of the current monitoring performed on and around BCL, and to identify what additional testing may be needed to determine the source or sources of increased nutrient pollution in the lake. During this July 10' meeting, the BCC also directed staff to draft an Ordinance and schedule a Public Hearing to consider a temporary moratorium prohibiting the land application of Class B biosolids in the unincorporated portions of Indian River County. On July 17, 2018, after having a public hearingto discuss the issues, the BCC adopted a temporary six-month moratorium on the land application of biosolids in the unincorporated portions of the County (Attachment 3). The effective date is July 18, 2018, when the document was filed with the Department of State. Thus, the 180 -day moratorium is set to expire on January 14, 2019. County staff were asked to bring back an update in December, prior to the expiration of the moratorium. ANALYSIS: The following table is a brief compilation of activities that have occurred since the summer of 2018, as well as some upcoming milestones. Date Description July 10, 2018 Indian River County Department of Utility Services (IRCDUS) provided the BCC a BCL Testing Update as a Department Item during the BCC Meeting. July 17, 2018 Six-month temporary moratorium on the land application of Class B biosolids in unincorporated IRC. Ordinance 2018-016. 132 Date Description July 19, 2018 Staff requested data from FDEP and SJRWMD. July 20, 2018 Treasure Coast Regional Planning Council (TCRPC) discusses Management Alternatives for Human Wastewater Biosolids & Resolution. Resolution 18-003 - adopted. July 27, 2018 IRC contracts with Jones Edmunds & Associates (JEA) to assist with BCL Water Quality Study. August 2, 2018 Fellsmere adopts six-month Class B biosolids land application moratorium. Ordinance 2018-06. August 8, 2018 Conference call: IRC, Consultant team - JEA with Janicki Environmental (JE team), FDEP, SJRWMD. Discuss issues and upcoming monitoring plan. August 17, 2018 JE team representatives met with SJRWMD staff at SJRWMD headquarters to discuss past biosolids analyses and available data. August 21, 2018 St. Lucie County unanimously adopts Resolution 18-148 to increase collaboration with surrounding communities and regulatory agencies to prioritize the reduction and eventual elimination of land application of human wastewater biosolids. August 28, 2018 Second conference call: IRC, JE Team, FDEP, SJRWMD. September 5, 2018 1" Biosolids Technical Advisory Committee (TAC) meeting in Orlando, attended by IRC and JE Team. September 14, 2018 Site visit to BCL and IRCDUS BCL Wastewater Treatment Plant (WWTP) by IRCDUS staff and JE team. Discussion on approach to quantifying phosphorus load increases to account for current upward trend. Quantification to be completed with currently available data. September 17, 2018 Compiled spatial and tabular biosolids data available from SJRWMD for review/use. September 18, 2018 At the 9/11/18 BCC meeting, BCC voted to adopt the resolution, similar to the TCRPC addressing biosolids and biosolids applications. IRC Resolution 2018-084 was adopted September 18, 2018. September 19, 2018 JE Team provided to IRC trend analysis for BCL water quality. September 25, 2018 Received DRAFT University of Florida's Institute of Food and Agricultural Science (UF/IFAS) Ranch Soil and Grass Tissue Sampling Plan. October 3, 2018 Draft Regulatory Agency Sampling Plan/Model. October 4, 2018 JE Team reviews draft water and nutrient budgets available from draft SJRWMD model with SJRWMD staff. October 9, 2018 2nd TAC meeting scheduled - canceled due to Hurricane Michael. October 12, 2018 TCRPC presents Joint Resolution of Support on "Management Alternatives for Human Wastewater Biosolids" at Joint Meeting of the Treasure Coast and South Florida Regional Planning Councils. November 2, 2018 Automated storm water sampling event occurred on Friday 11/2/18 at the BCRC sampling location. November 6, 2018 OF/IFAS staff collected soil and vegetation samples from 23 sites on the Pressley ranch property. Samples delivered to an IFAS laboratory in Gainesville November 8, 2018 The integrated tracer collectors (POECIS) were deployed at two sites downstream of biosolids application sites. Those collectors will remain in place for 30 days before being returned to the contract analytical lab. November 14, 2018 JE Team provided draft estimates on phosphorus load increases and causative factors to IRC. 133 Date Description November 16, 2018 Rescheduled 2nd TAC meeting held in Orlando FDEP offices. November 28 & 29, 2018 TAC Meetings 3 and 4 held in Orlando FDEP Offices. Response to Charge Questions provided to FDEP. December 11, 2018 Update on BCL and land application of biosolids presentation to the BCC. January 14, 2019 Six -Month Temporary Moratorium Expires January 23, 2019 TAC Meeting 5 Planned. Follow-up meeting on FDEP response to Charge Questions at FDEP offices in Orlando. February 2019 TAC Meeting 6, if necessary. It is unknown at this time if there will be a meeting in February. It is likely that January may be the last TAC meeting. The FDEP continues to collaborate with representatives from SJRWMD and staff from the OF/IFAS on completing the sampling regime that was designed to fill in the gaps identified in the analytical data available. Results from this collaborative effort are just beginning to become available for review. The table below is an excerpt of a tentative timeframe previously presented to the BCC showing the remaining steps and time necessary for the regulatory agencies to collect, interpret and generate a recommendation on Class B biosolids land applications in the BCL watershed. Task 2018 2019 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Field Data Collection Analysis, Modeling, and Interpretation Final Report, Presentations and Recommendations To further investigate the overall science behind the land application of Class B biosolids, the FDEP created a Biosolids TAC. Meetings of the selected panel experts have taken place since the inception of the committee in September 2018, with a formal response from this committee not expected until late February 2019. Presentations from members of the TAC, as well as invited experts, have taken place at the meetings. In-depth discussions were held to decide whether or not the current permitted application approach is based on the best science available, or whether the dated rules may need to be revisited with tools available to scientists today. This committee is focused on the state-wide application of Class B biosolids, not isolated to the BCL watershed. The Biosolids TAC was charged with 3 topics: • What are the options for biosolids management in the State? • How can biosolids management be improved to ensure the environment is protected? • What research is needed to improve biosolids management? 134 JEA were hired to assist the County in understanding this complex issue. They have reviewed all available data and have compiled four technical memorandums (TM), which are listed as follows: TM 1: Data Collection, Trend Analysis TM2: Data Collection, Biosolids TM3: Phosphorus Budget TM4: Waterbody Identification (WBID) Assessment All the technical memorandums can be reviewed in Attachment 2. In addition, JEA has also compiled a quick summary/ fact sheet of the BCL water quality, which can be found in Attachment 1. Data presented to the TAC by SJRWMD staff shows that there has been an increase in phosphorus concentrations in the Upper St Johns River Basin (includes BCL) that match up in time with an increase in biosolids land application. This increase of phosphorus in the basin appears to be coming from the excessive application of phosphorus contained within the biosolids applied to the land, well in excess of the agronomic rates recommended for phosphorus application. Sourlce o_f tVutrients - Phosphorlus Fertilizer Label N — P2O5 — K2O 4-1-2 N—P—K 4-0.436 —1.66 Blosollds N—P— K 4-2.—? WAS fertilization recommendation for grazed beef cattle: 11-171b P/ac/year If soil and or tissue tests are low 2017 USJRB Calculated Application Rate: 106 lb P/ac/year 20,165 ac spread/58,859 permitted Applying 5-10 times the crop TP need The following is a graphic prepared by SJRWMD staff showing the water quality monitoring station locations in relation to the sites in the basin permitted for land application of Class B biosolids. In 2017, 89% of all the biosolids land applied in the upper St. Johns River basin came from outside the basin. 135 lywr Cowogai pe • Development of point and polygon Ar I shapeftes for geospatial analyses using+site maps Guidance to the FDEP from the TAC is not expected until late February 2019, but it is anticipated that the committee will present a multi -faceted response. It is believed that the response will include an educational outreach program along with recommendations addressing the outdated Phosphorus Index approach that has been used to determine fertilization rates for certain crops. FDEP staff has indicated that the land application of Class B biosolids within Indian River County has been done in accordance with the receiving site's approved Nutrient Management Plan and under the application program allowed in the FDEP Biosolids Site Permit issued for the receiving site. This is evident from the FDEP site inspection compliance findings that have taken place at the permitted land application sites. Although application rates and procedures meet current regulatory requirements, the marked increase of phosphorus levels identified in BCL appear to have a strong correlation to the increase in Class B biosolids that have been applied in the vicinity of the lake. Consequently, current requirements may not be adequately addressing phosphorus loading from biosolids land application. Since the enactment of Florida Statute 373.4595 in 2007 on the Northern Everglades and Estuaries Protection Program restricting the land application of Class B biosolids in the Okeechobee, St Lucie River and Caloosahatchee River watersheds (effective date of 2012), Indian River, Osceola, and Brevard counties have seen a marked increase in the amount of Class B biosolids applied on agricultural lands. 136 ORR US K Generators • Class B TM -31i- ds prods C-P!d at 42 generating facilities were land applied in the USin 2Qm JRB •Three facilities land applied > 5000 dry tons of biosolids in the UT in 2017 • Most utilities contract with haulers that land apply biosolids abtdi611pp1M b tl4 aDfw+D4 bbl. Rlra 8»b b O,mrafMp iad4, b t011 G� ft .d. D, Toy, f=.�� O s000.,em • � Q fooro•a.aao .o Total Phosphorus, mg/l rS- CL I Environmental j discharg 1 1 I i 1 1 ..1 _ .1.. Total orgam, Carbon, mg/L I 1 1 1 1L. 1 1 1 1 1 1 1 1 1 1 n; I 1 I.. „ [ _ Lake Stage, k lIAVD88 I The increase in phosphorus levels in BCL has taken place without any marked changes of Land Use within the BCL watershed. As stated above, application rates of biosolids within the watershed have not exceeded the permitted rates, but the currently allowed rates of application do not take into account phosphorus loadings. This is where there has been discussion at the TAC on possibly updating the rules to take into 137 account an updated Phosphorus Index when applying biosolids, in effect, limiting the application of Class B biosolids to the level of phosphorus that can be used by the plants as opposed to applying excess that may run off into the environment. When comparing the acceptable, permitted application of Class B biosolids on agricultural land to the Phosphorus Index (as demonstrated in the chart below prepared by JA staff). In the chart, each dot represents the calculated Phosphorus Index result from samples that were collected by OF/IFAS staff in biosolids application zones identified in the site's Nutrient Management Plan. The negative Phosphorus Capacity Index indicates that for those dots in red (below the P Balance line), the soil/plants have no additional capacity to hold/absorb the excess phosphorus. Any excess phosphorus deposited on site is susceptible to run-off or groundwater intrusion as opposed to being taken up by the soil and/or plants. This demonstrates that, by following the current rules, excess phosphorus has been and can continue to be applied in the BCL watershed unless regulatory changes are made. PCI 30 20 • P :Balance 10 e s • P Deficit -14 0;0 O o P Surplus _20 o O O -30 O -40 O O 60 50 O O -60 0 20 40 60 so 100 120 140 Lbs of total phosphorus applied per acre per year (2013-2017) CONCLUSIONS: The property owner at BCL has been very cooperative with the regulatory agencies and has voluntarily ceased any biosolid applications since May 2018. The property owner has allowed the regulatory agencies access to private property in orderto install data collection stations and collect samples to help understand the complex dynamics of weather, nutrient loadings and nutrient transport over time. The owner should be commended for his willingness to assist in this endeavor. Also of note is the detailed investigation process/plan that the FDEP, SJRWMD and IFAS put together to cooperatively work to gather this information and analyze it in a way that helps to determine what is/is not happening in the Upper Basin, including BCL. Staff from these organizations have been very professional and helpful in assisting the County with the results of their ongoing investigations. Some of the historical data collected have been analyzed by the County's consultant and are included as Attachment 2. FDEP staff has indicated that while the prior application rates and procedures used by the FDEP permittees for land application of biosolids followed the rules in effect at that time, it is evident that there are some inconsistencies with the way the program is structured. There has been a sustained upward trend in total phosphorus concentrations in BCL, which has a strong correlation to the increase in the regulated application of Class B biosolids within the BCL Watershed. While the data are compelling, studies from the regulatory agencies and experts continue and are not yet complete. 138 Representatives from FDEP commented that the data collected to date support the notion that the BCL Watershed would be on the FDEP's list for phosphorus impairment. This designation will lead to the creation of a Total Maximum Daily Loading (TMDL) amount that will define the phosphorus loading limits for the lake's watershed and the creation of a Basin Management Action Plan (EMAP) to remediate the loads. This process is likely to take two years or longer based on the typical regulatory process. If the application of Class B biosolids were to continue in the BCL watershed during this rule creation timeframe, it is likely that the phosphorus levels in BCL would continue to increase. The revised Phosphorus Index and recent data collected support this conclusion. Consistent with the preliminary findings from the TAC, reports from OF/IFAS, and data presented by SJRWMD, there are concerns that the existing rules and methodologies may be outdated and need review in order to account for all nutrients making their way to the environment. Curtailing any additional phosphorus inputs to the lake from the surrounding watershed is not the only remedy, but will assist in the process of lake recovery. Although immediate action would be beneficial, it should be recognized that the lake's response to reduced loadings may not be immediate. It has been estimated that removing nutrients from the environment through some type of site remediation activity may cost on order of three (3) magnitudes or greater than the cost of preventing the loading from taking place initially. Therefore, prevention of further phosphorus loading is prudent. The following possible action items are offered for the BCC to consider: 1. Discontinue Moratorium - Let the existing six-month moratorium expire. The BCC approved moratorium became effective July 18, 2018, and expires January 14, 2019. This would allow permitted land application of Class B biosolids to continue. Extend the Moratorium on the permitted land application of biosolids until such a time that the Biosolids TAC can provide feedback on their charge questions and furnish the FDEP with the information that may be necessary for FDEP to revise the current rules regarding the land application of Class B biosolids included in the Florida Administrative Code. This moratorium extension would also allow more time for the regulatory agencies to continue collaborating to gather more data in and around BCL, and possibly refine science -based recommendations. Staff recommends the BCC provide direction on authorizing staff to bring back an ordinance and hold a public hearing at the January 8, 2019, meeting to extend the moratorium. Pursue an Emergency Order request through the FDEP that would restrict the application of Class B biosolids within Indian River County to ensure a no net increase to the Phosphorus loads on the land applied material. Pursuant to section 120.54(4), Florida Statutes, an emergency rule shall not be effective for a period longer than 90 days and shall not be renewable, except when the agency has initiated rulemaking to adopt rules addressingthe subject of the emergency rule and either: 1) A challenge to the proposed rules has been filed and remains pending; or 2) The proposed rules are awaiting ratification by the Legislature. Combination of 2 and 3. This approach would provide for protection of BCL tied to the conclusion of the biosolids TAC and allow for additional investigations into future legislative initiatives to protect the watershed, similar to what is in effect for the Okeechobee, St. Lucie River and Caloosahatchee River watershed under the Northern Everglades and Estuaries Program. 139 FUNDING: There is no funding for this agenda update to the Board. On August 14, 2018, per the Continuing Engineering Services Contract Agreement for Professional Services dated April 17, 2018, the BCC previously approved a total of $63,485.00 to Jones Edmunds and Associates, Inc. forthe BCL Water Quality Study (Study). The Study is funded out of the stormwater account 111-28138- 033190, which is funded through the Transportation Fund. RECOMMENDATION: Staff recommends option #4, which is to extend the existing moratorium for another six months and to request that the regulatory agency (Florida Department of Environmental Protection) enact an emergency order to afford more time for gathering data and reviewing results, considering the Biosolids Technical Advisory Committee's findings, and pursuing appropriate legislative initiatives. ATTACHMENTS: 1. Blue Cypress Lake —Water Quality Study Fact Sheet 2. JEA Technical Memorandum Reports (TM1-4) 3. Ordinance 2018-016 140 FACT SHEET ionesEdmundsl �anicki'Enuironmental,ilnc:% Blue Cypress Lake - Water Quality Study TO: Vincent Burke, PE, Utilities Director, Indian River County FROM: Anthony Janicki, PhD, Janicki Environmental Brett Cunningham, PE, Jones Edmunds Jon Perry, Janicki Environmental Bill Lynch, PE, Jones Edmunds DATE: December 4, 2018 SUBJECT: Water Quality Study Summary Jones Edmunds Project No. 08620-002-01 1 INTRODUCTION The Water Quality Study (Study) objectives were to gather, validate, and assess the water quality data associated with Blue Cypress Lake and its watershed. The Study was conducted to determine whether anthropogenic influences are a significant causative factor in BCL water quality. The Study determined that the application of biosolids in the tributary watershed discharging to BCL is affecting water quality. Technical Memorandums summarizing Study activities, findings and recommendations were prepared and submitted separately. This Fact Sheet is prepared to summarize highlights from Water Quality Study for Blue Cypress Lake (BCL). !T 4�d $ Hay -711 Hand+ i - V - ,y x 1 tY� _ I. 8 txh - BI -Ma hes Id'm ^t� Pr—t.yHanUi! '� P t Figure 1 - Study Area 141 2 CURRENT KNOWLEDGE 1. Blue Cypress Lake has been recognized as relatively pristine as shown by the fact the FDEP identified it as a reference lake used to develop state water quality standards. 2. Blue Cypress Lake and its connecting waterbodies are Class 1 waters designated for potable water use. 3. A sustained upward trend in total phosphorus in Blue Cypress Lake began in .approximately 2006 and is not accompanied by upward total nitrogen trends. Since 2014 the upward trend has accelerated. 4. The major processes that deliver phosphorus to the lake include surface runoff, groundwater, point source discharges to the lake, and internal loading. 5. Agriculture is the primary land use and has remained relatively constant for several decades in the Blue Cypress Lake watershed. 6. The use of fertilizers, and more recently biosolids, are the most likely of sources of phosphorus delivered to the lake by these processes. 7. Application of Class B biosolids began in 2006 in the Blue Cypress Lake watershed based on the agronomic needs of nitrogen for hay production. Pressley Ranch biosolids applications began in 2013. 8. Point sources are less than 1 percent of the total phosphorus load to Blue Cypress La ke 9. Water chemistry, in particular dissolved oxygen, was relatively constant before and during the sustained upward trend, suggesting that the internal loading from sediments is unlikely. 3 ANALYSIS RESULTS 10. Tributary water quality data representing the three major surface water sources to Blue Cypress Lake do not show the upward trend in total phosphorus. 11.A phosphorus budget for Blue Cypress Lake based on measured incoming TP concentrations shows and modeled hydrologic fluxes indicates that prior to 2013 the inputs exceeded the outputs from the lake. Since 2013, more phosphorus began leaving the lake then entering the lake which indicates an unaccounted-for source of phosphorus since 2013 source. 12. Beginning in 2013 the annual TP application rate downstream of the water quality sampling stations averaged approximately 200,000 pounds per year (Ib/year). That difference means that if only 10 percent of the phosphorus in those biosolids reaches the lake, it would account for all the unaccounted-for phosphorus. 13. Class B biosolids applications in the Blue Cypress Lake watershed are based on the agronomic needs of nitrogen for hay production with an assumption based on site- specific testing that phosphorus could generally be taken up by the crop and retained by the soils. The resulting phosphorus loading averages close to 10 times the agronomic needs. 4 ONGOING DATA COLLECTION 14.The site-specific testing for phosphorus capacity (Mehlic-1) was not done using the method now recommended and used by IFAS in Florida (Mehlic-3). 15. Phosphorus Capacity Index results from 11/6/2018 on the Pressley Ranch biosolids application sites show that the 19 of the 23 sites exceed the phosphorus threshold 142 for what can be retained in the soils. Three of the remaining four sites are close to the threshold. Testing was done on the top 6 inches of soil to be consistent with permitting procedures. 16. A storm grab sample within the Pressley Ranch biosolids application sites from July 24 of this year had an orthophosphate concentration of 0.86 mg/I: Autosampler orthophosphate concentrations from November 5 of this year ranged from 0.17 mg/I to 0.34 mg/I. 17. Continuous orthophosphate monitoring at the mouth of Padgett Branch from April through October of this year shows a range from approximately 0..05 mg/I to 0.4 mg/I, with an average over 0.2 mg/I. 18. Tracer analyses from one event detected only one of seven tracers. The same event had a total phosphorus concentration of 0.95 mg/I at the Blue Cypress Lake Road culvert. 19. Application rates do not appear to have exceeded permitted rates. 5 REGULATORY AND OTHER CONSIDERATIONS 20. The upward trend in phosphorus in Blue Cypress Lake will result in a new water quality impairment for total phosphorus in the next cycle of DEP's waterbody assessments. 21. Water bodies downstream of Blue Cypress Lake are currently impaired for total phosphorus. 22. Microcystis blooms in Blue Cypress Lake have been observed in recent years. Microcystis can produce Microcystin, which is a toxin in the drinking water supply. 143 TECHNICAL MEMORANDUM JOnP.SEdmUndS� No. 1 Blue Cypress Lake -.Water Quality. Study ,�,lani'� c� k� �renmental,-Inc.�i/` TO: Vincent Burke, PE, Utilities Director, Indian River County FROM: Brett Cunningham, PE, Jones Edmunds Anthony Janicki, PhD, Janicki Environmental XC: Bill Lynch, PE, Jones Edmunds Jon Perry, Janicki Environmental DATE: September 19, 2018 SUBJECT: Task 1 - Data Collection and Task 3 - Trend Analysis Jones Edmunds Project No. 08620-002-01 1 INTRODUCTION This Technical Memorandum is part of a Water Quality Study for Blue Cypress Lake (BCL). When complete, the Study will determine whether anthropogenic influences are a significant causative factor in water quality. More specifically, whether the application of biosolids in the tributary watershed discharging to BCL is affecting water quality will be determined. 2 OBJECTIVES The project objective is to gather, validate, and assess the water quality data associated with BCL and its watershed, including the permitted use of land application .of biosolids. This Technical Memorandum reports on the results regarding the water quality data collection completed as part of the Task 1 and Task 3 examination of temporal trends in the water quality data of the BCL Water Quality Study. Information related to land application of biosolids within the BCL watershed will be presented in Technical Memorandum No.2 following collection and review of information. 3 DATA SOURCES To address the changes occurring in BCL, available data were extracted from the Florida Department of Environmental Protection (FDEP) Impaired Waters Rule (IWR) Run 55 dataset for the Waterbody Identification (WBID) containing BCL and the surrounding WBIDs. A WBID is the spatial unit used by FDEP for assessing a waterbody's ability to meet its designated use.. 08620-002-01 1 September 2018 Task 1 — Data Collection and Task 3 — Trend Analysis These WBIDs included the following: ■ Blue Cypress Lake (2893V) ■ Padgett Branch (Class I) (3152C) ■ Blue Cypress Lake Drain (2893V1) Blue Cypress Marsh (28938) Blue Cypress Creek (3133) Padgett Branch (3152B) Each of these waterbodies are designated as Class I — Potable Water Supplies, except Padgett Creek (31528) which is a Class III — Fish Consumption, Recreation, Propagation, and Maintenance of a Healthy, Well -Balanced Population of Fish and Wildlife. The IWR Run 55 dataset included data collected from the late 1960s until mid -2017. To extend that record to the most recent samples, the web -based St. Johns River Water Management District's (SJRWMD) Environmental Data Retrieval Tool (http://webapub.sirwmd.com/agwslO/edgt/) was used to query all of the surface water collected in the SJRWMD Blue Cypress Creek planning unit, which were further reduced to the selected WBIDs based on station location. These. queries resulted in additional locations and data not in the IWR Run 55 dataset. Figure 1 shows the location of the WBIDs in relation to BCL and the density of the stations extracted from the two data sources. 4 TASK 1 - DATA COLLECTION 4.1 DATA COMPILATION AND VALIDATION Several actions were required to produce a single dataset for analysis: 1. Format the SJRWMD dataset to be compatible with the IWR dataset. This included altering the field name and converting analytes listed to those used by FDEP. 2. Combine the two datasets. This action required checking for duplicate records since the extraction from the SJRWMD database included data already.in the IWR dataset and data not reported to FDEP. Remove the data qualified with the any of the following data quality codes: V, F, N, O, Y, H, J, K, Q, ?. Also, data qualified with a U or T signifying their values are less than the method detection limit had their values changed to one-half of the reported detection limit in accordance with FDEP convention. 3. Outliers may also be omitted from further analysis at the Users' discretion. 4.2 DATA SUMMARY Appendix A summarizes the available water quality data. The data are organized by WBID, collecting agency, and station. Additional information regarding the period of record and the number of sampling days are also provided. Although there are numerous stations, many lack long-term records and are likely associated with special studies. 08620-002-01 2 September 2018 Task 1 — Data Collection and Task 3 — Trend Analysis 4.3 RESULTS Both the FDEP IWR Run 55 dataset and the SJRWMD data were queried and combined into a single dataset to be used for analysis. 5 TASK 3 - TREND ANALYSIS 5.1 METHODS The validated data gathered under Task 1 for the WBIDs surrounding BCL provided the source data for the trends analysis. The WBIDs included: ■ Blue Cypress Lake (2893V) ■ Blue Cypress Marsh (28938) ■ Padgett Branch (Class I) (3152C) ■ Blue Cypress Creek (3133) ■ Blue Cypress Lake Drain (2893V1) ■ Padgett Branch (3152B) Within each of these WBIDs several agencies sampled numerous sites at different times over the period of record. SJRWMD has been sampling several sites continually for long enough that trends could be determined at those sites. Figure 2 shows the locations of the WBIDs and the stations selected for trend analysis. 5.2 ANALYTICAL METHODS The seasonal Kendall -Tau trend test was used to determine whether significant temporal trends were detected in the data. The seasonal Kendall Tau is a nonparametric test that is useful for detecting trends in environmental and water quality data when the underlying distribution is not known (Gilbert, 1987; Loftis et a/., 1989; Helsel and Hirsch, 1992). This test has also been applied to trend detection for water quality variables in numerous studies. This first step of the seasonal Kendall Tau test is to develop a time series plot of the raw data for the period of record being analyzed (Figure 3). The time series is plotted with the predicted values to give a sense of the overall trend of the data. As can be seen in the example plot in Figure 3, an increasing trend is apparent in the data being evaluated during the period of record. In the second step of the analysis, the intra -annual variability in the data is explored by plotting the monthly univariate statistics in the form of a box -and -whisker plot (Figure 4 provides an example). The box represents the inter -quartile range, while the top and bottom of the whiskers represent the maximum and minimum values, respectively. Also included in the plot is the mean represented by a red dot. The notches in the boxes represent the 95 percent confidence interval of the medians. If the confidence limits around the medians for any pair do not overlap, the medians of that pair are significantly different at the oc = 0.05 level. 08620-002-01 4 September 2018 Task 1 — Data Collection and Task 3 — Trend Analysis 08620-002-01 5 September 2018 Task 1 — Data Collection and Task 3 — Trend Analysis Figure 3 Sample Trend Results for the Water Quality Index Data Not Adjusted for Seasonal Medians OWOt too- Observed Values ----.Predicted Valu s 90 so - 070 70. - - - 80- 50 40 30 20J JANSO JAN85 JAN90 JAN95 JANOO JANOS JANIO Figure 4 Sample of Seasonal Univariate Results 100- so- so- 70. o0so70 • 60- 50- A o50_s 40- 30 1. 20 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Dots Represent the Season Average Whiskers end at the Min and Max Values In the next step, correlations are calculated for each monthly value, the previous month's value, two months prior, and continuing up to 15 months prior. The values in Figure 5 summarizes the values and plots in an autocorrelation plot (correlogram) to investigate whether or not seasonality exists. Statistically significant correlation values fall outside the confidence limits (U=upper confidence limit, L=lower confidence limit). If seasonality exists in the data, the 6 -month lag value is expected to be negatively correlated, while the 12 -month lag values will be positively correlated. 08620-002-01 6 September 2018 Task 1 - Data Collection and Task 3 - Trend Analysis Figure 5 Sample Correlogram Not Adjusted for Seasonal Median 1.0 0.8 • 0.4 • 0.2 U U U U U U U U U 1 u U U • 0.0 • -0.2 i. L L L L L -0.4- -0.6 0.4 -0.6 -0.8 4 5 6 7' 8 9 10 11 12 13 14 15 OWQI Plumber of Months Lagged U=Upper 95% Confidence Limit L=Lower 95% Confidence Limit Zero Reference Line Shown An objective test is applied to determine if seasonality exists in the data of interest. The test measures the proportional distance between the zero line and the correlation value at 6 months (0.48) and the distance between the zero line and the correlation value at 12 months (0.64). If the sum of these values is greater than one, or if the.distance between the zero line and the correlation value at 12 months is greater than one, then seasonality exists. If the data are found to be seasonal, the data are adjusted for season by subtracting the calendar monthly median from each data point. The Kendall Tautest is then applied to the seasonally adjusted data. The test determines the slope of the time -series data and the p -value. The p -value represents the probability of obtaining a value. The next step is to test for autocorrelation in a similar manner to that used for testing for seasonality. The trend is taken out of the seasonally -adjusted data by removing the effect of the slope. The seasonally -adjusted, detrended data are then plotted in an autocorrelation plot (correlogram) to test for the presence of autocorrelation in the time series data (Figure 6). If the 1 -month lag and the 2 -month lag are significantly correlated with the present value, the data are autocorrelated: The final step of the analysis is to calculate the tau statistic and summarize the output of the test (p -value, slope, significance, autocorrelation, and seasonality). 08620-002-01 7 September 2018 Task 1 - Data Collection and Task 3 - Trend Analysis Figure 6 Annual Index Values Adiusted for Seasonal Median and Detrended 5.3 RESULTS The following parameters were tested for trends: ■ Total nitrogen ■ Total phosphorus (TP) ■ Chlorophyll a ■ Total Kjeldahl nitrogen ■ Nitrate -nitrite ■ Total orthophosphate ■ Dissolved orthophosphate ■ Ammonia ■ Color ■ Secchi disk depth Appendix B shows time -series plots for each of these parameters at each of the trend sites. Table 1 identifies the statistically significant trends. The results of all of the other tests were either insignificant or had insufficient data (less than 60 monthly data points) to conduct the analysis. Table 1 Statistically Significant Results from the Trends Analyses WBID Station Parameter First Last Year Year n Trend Magnitude Blue 21FLKWAT TP 2003 2014 107 Increasing Large Cypress 21FLKWAT Chlorophyll a 2003 2014 106 Increasing Small Blue Secchi Disk Cypress 21FLSIWMBCL Depth 1991 2018 275 Decreasing Small La ke 21FLSIWMBCCR TP 2006 2018 146 Decreasing Small (2893V) 21FLSJWMBCL Dissolved Orthophosphate 2006 2018 133 Increasing Large 21FLSJWMBCL TP 1991 2018 280 Increasing Small Blue 21FLSJWMBCC Secchi Disk Depth 1992 2006 129 Decreasing Small Cypress 21FLSJWMBCC Color 1991 2006 134 Increasing Small Creek (3133) 21FLSJWMBCC TP 1991 2006 142 Increasing Small 21FLSIWMBCCR TP 2006 2018 146 Decreasing Small 151 08620-002-01 8 September 2018 Task 1 - Data Collection and Task 3 - Trend Analysis WBID Station Parameter First Last n Trend Magnitude Year Year Blue 21FLSJWMBCMCU Secchi Disk Depth 1996 2018 233 Decreasing Small Cypress 21FLSJWMBCMCU TP 2006 2018 140 Increasing Small Drain Small (2893V1) 21FLSJWMBCMCU Dissolved 2006 2018 132 Increasing Large 2018 Orthophosphate Increasing In terms of nutrient concentrations, significant increasing trends were detected in TP concentrations at stations in each of the WBIDs tested, including BCL. Significant increasing trends were also detected in dissolved orthophosphate data collected in BCL, Blue Cypress Drain, and Blue Cypress Marsh. The only significant trend in nitrogen concentrations was found in the NO2-NO3 in Blue Cypress Marsh during 1980 to 2002. With the increase in nutrients, a corresponding increase chlorophyll a could be expected, particularly in BCL. An increase was detected from the monthly mean of Lakewatch data collected from 2003 to 2014. The data collected at 21FLSJWMBCL (center of the lake) was tested for the same period, but no increase in chlorophyll a was detected. Decreasing trends in Secchi disk depth were detected in all sampling stations indicative of decreased water - clarity. 6 CONCLUSIONS An increasing trend in TP has been identified in BCL and at stations in the surrounding WBIDs. This makes identifying the source of the increasing trend more difficult. Inflection points identified in the time series plots, loosely associated with known drought/rehydration periods, could aid in the identification for the changes in the concentrations. Additional data will need to be gathered to further the investigation, including: ■ Rainfall ■ Land use changes ■ Hydrologic changes ■ Biosolids application periods (both local and surrounding areas) ■ Groundwater data 08620-002-01 9 September 2018 Task 1 - Data Collection and Task 3 - Trend Analysis 21FLSIWMBCMCE Secchi Disk Depth 1992 2018 150 Decreasing Small 21FLSIWMBCMCE TP 1992 2018 158 Increasing Small Blue 21FLSJWMBCT Secchi Disk 1983 2018 178 Decreasing Small Cypress Depth Marsh 21FLSJWMBCT Dissolved 2006 2018 74 Increasing Large (28938) Orthophosphate 21FLSJWMBCT TP 1983 2018 197 Increasing Small 21FLSJWMFDM NO3-1\102 1980 2002 91 Decreasing Large 21FLSJWMFDM NO3-NO2 1980 2002 91 Decreasing Large In terms of nutrient concentrations, significant increasing trends were detected in TP concentrations at stations in each of the WBIDs tested, including BCL. Significant increasing trends were also detected in dissolved orthophosphate data collected in BCL, Blue Cypress Drain, and Blue Cypress Marsh. The only significant trend in nitrogen concentrations was found in the NO2-NO3 in Blue Cypress Marsh during 1980 to 2002. With the increase in nutrients, a corresponding increase chlorophyll a could be expected, particularly in BCL. An increase was detected from the monthly mean of Lakewatch data collected from 2003 to 2014. The data collected at 21FLSJWMBCL (center of the lake) was tested for the same period, but no increase in chlorophyll a was detected. Decreasing trends in Secchi disk depth were detected in all sampling stations indicative of decreased water - clarity. 6 CONCLUSIONS An increasing trend in TP has been identified in BCL and at stations in the surrounding WBIDs. This makes identifying the source of the increasing trend more difficult. Inflection points identified in the time series plots, loosely associated with known drought/rehydration periods, could aid in the identification for the changes in the concentrations. Additional data will need to be gathered to further the investigation, including: ■ Rainfall ■ Land use changes ■ Hydrologic changes ■ Biosolids application periods (both local and surrounding areas) ■ Groundwater data 08620-002-01 9 September 2018 Task 1 - Data Collection and Task 3 - Trend Analysis 7 REFERENCES Gilbert, R.O., 1987. Statistical Methods in Environmental Pollution Monitoring. Van Nostrand Reinhold, New York. 320 pp. Helsel, D.R., Hirsch, R.M., 1992. Statistical Methods in Water Resources. US Geological Survey, Reston, VA. Loftis, J.C., R.C. Ward, R.D. Phillips, and C.H. Taylor. 1989. An Evaluation of Trend Detection Techniques for Use in Water Quality Monitoring Programs. United States Environmental Protection Agency, Environmental Research Laboratory, Corvallis, Oregon. EPA/600/53-89/037. 115-13 08620-002-01 10 September 2018 Task 1 — Data Collection and Task 3 — Trend Analysis Appendix A Summary of Available Water Quality Data Appendix A, Pages 12 213 can be viewed at the Indian River County Department of Utility Services office. Please call (772) 226-1835 to set up a time. 154 TECHNICAL MEMORANDUM JonesEdmundsll NO. 2 ,�Janickrl Enviironmental,�lnc:� Blue Cypress Lake - Water Quality Study TO: Vincent Burke, PE, Utilities Director, Indian :River County FROM: Bill Lynch, PE, Jones Edmunds XC: Brett Cunningham, PE, Jones Edmunds Anthony Janicki, PhD, Janicki Environmental Jon Perry, Janicki Environmental DATE: December 4, 2018 SUBJECT: Task 1 - Data Collection - Biosolids Jones Edmunds Project No. 08620-002-02 IRC Account No. 111-28138-033190 1. INTRODUCTION This technical memorandum is prepared as part of the Blue Cypress Lake (BCL) Water Quality Study. The study when complete is to determine if anthropogenic influences are a significant causative factor in water quality. More specifically, are the application of biosolids in the tributary watershed discharging to BCL affecting water quality? This memorandum provides a summary of the biosolids data for land application sites tributary to BCL. More specifically, this memorandum presents information on the permits, permit. applications, nutrient management plans, and most recent Florida Department of Environmental Protection (FDEP) compliance inspection reports. 2. OBJECTIVES The overall project objective is to gather, validate, and assess the water quality data associated with Blue Cypress Lake and its watershed, including the permitted use of land application of biosolids. The objective of this technical memorandum is to provide an overview of biosolids land application within the BCL watershed and to summarize findings from evaluating the biosolids-related information associated with the permitted use of biosolids land application within the BCL watershed. The water quality impacts of biosolids land application are addressed in Technical Memorandums 1, 3 and 4 prepared as part of this Water Quality Study. 155 Figure 1 — Biosolids land application sites within the BCL Watershed 3. DATA SOURCES The primary documents reviewed for this technical memorandum are associated with The Pressley Ranch and Hayman 711 Ranch biosolids land application sites shown above in Figure 1. More specifically, the documents listed below each site description were reviewed to develop an understanding and overview of the land application practices. Presslev Ranch According to the FDEP Permit Fact sheet included with the Permit, "The Pressley Ranch is a biosolids land application site consisting of approximately 3059 acres that are used for biosolids application. The application site is divided into 22 application zones as shown in Condition I.2 of the permit. The site is utilized for cattle farming and the crop is Bahia grass." The Pressley Ranch land application site is completely within the BCL watershed. • Biosolids Site Permit No. FLA801097-002 issued to H&H Liquid Sludge Disposal Inc. as Permittee; Effective March 1, 2018 • Biosolids Site Permit Application; signed November 26, 2018 by the Site Permittee (date may be incorrect given permit effective date of March 1, 2018) • Nutrient Management Plan; dated January 12, 2018 • Compliance Evaluation Inspection; dated July 6, 2018 156 Hayman 711 Ranch According to the FDEP Permit Fact sheet included with the Permit, "Hayman's 711 Ranch is a biosolids land application site consisting of approximately 3,738.7 acres that are used for biosolids application. The application site is divided into 41 application zones as shown in Condition I.2 of the permit. Bahia and Floralta grasses are grown on the site for grazing cattle." As shown above in Figure one a portion of the Hayman 711 Ranch is within the BCL watershed. • Biosolids Site Permit No. FLA617903 issued to H&H Liquid Sludge Disposal Inc. as Permittee; Effective December 17, 2017 • Biosolids Site Permit Application; signed August 24, 2017 by the Site Permittee • Nutrient Management Plan; dated August 2017 • Compliance Evaluation Inspection; dated June 15, 2017 These documents have not been appended to this technical memorandum with the exception of the recent Compliance Evaluation Inspection reports. Documents are available from the writer upon request. 4. SUMMARY OF FINDINGS 4.1 Compliance Inspection Evaluations The Compliance Inspection Evaluations reviewed for both facilities indicate that FDEP found the permitted biosolids management facilities to be in compliance with the Department's rules and regulations (see Appendix for inspection reports). For the Pressley Ranch Biosolids Management Facility, FDEP noted "In -Compliance", for Section 3. Nutrient Management Plan of the Biosolids Compliance Inspection Report. FDEP also presented observations regarding phosphorus (3.3) and water table (3.4) as follows: 3.3 Observation: The soils testing shows the application fields have increased Phosphorus concentrations when compared to the initial testing 5 years ago. This indicates the Phosphorus is being stored on the fields. This data also confirms compliance with the Department's rules and regulations. 3.4 Observation: At the time of the inspection, the site water table was too high to allow spreading. It is anticipated that the site will not receive any further biosolids application until the dry season. The site was wet, and some of the application sites had some minimal ponding from recent spring rains. Although in compliance, Observation 3.3 regarding increased phosphorus concentration in the soils and Observation 3.4 regarding site water table are characteristics that support the possible water quality effects of biosolids in the BCL watershed. For the Hayman 7.11 Ranch Biosolids Management Facility, the Biosolids Compliance Inspection Report provides minimal observations and concludes the facility was determined to be in compliance, as noted above. 157 4.2 Biosolids Permits Below are findings from a review the permit conditions as they pertain to the objectives of the BCL Water Quality Study. Land application of biosolids is authorized on specific application zones listed in each permit in accordance with the associated Nutrient Management Plan (NMP) which establishes specific application rates and procedures for each application zone. Further, land application of biosolids shall not result in a violation of Florida water quality standards pursuant to Chapter 62-302, F.A.C., and Chapter 62-520, F.A.C. Monitoring is specified for soils, but neither surface water nor ground water quality monitoring are required by the permits with the exception that ground water monitoring is required for the Hayman 711 land application site when the application rate in the approved NMP exceeds 400 pounds of plant available nitrogen per acre per year. The permit does address water table level monitoring which is to be determined in one or more representative locations in the application zone before each application of biosolids by measuring the water level in a monitoring well or piezometer. No record of either monitoring wells or piezometers was found in the documents reviewed for this technical memorandum. Application of biosolids shall meet the requirements of Class B biosolids as defined in Rule 62-640.200, F.A.C. Cumulative Application Limits (pounds/acre) are listed for metals, but not for nitrogen or phosphorus. Nutrient loading is presented in the NMPs. 4.3 Nutrient Management Plans Below are findings from a review the NMPs as they pertain to the objectives of the BCL Water Quality Study. Pressley Ranch As presented, the intent of the NMP is to document the actions that the operators of Pressley Ranch land application site will continue to undertake to reduce the potential for impairment of surface and groundwater resources from applied nutrients. The ultimate goal of this NMP is to apply biosolids to obtain maximum nutrient benefit while minimizing runoff and leaching of nutrients and to operate the site in a socially and environmentally acceptable manner. The biosolids NMP as presented is to minimize the transport of N and P to surface and groundwater. The Hauler H&H Liquid Sludge Disposal, Inc. (H&H) transports and applies treated, Class B biosolids from various Wastewater Treatment Facilities (WWTFs) to the Pressley Ranch in accordance with State and Federal regulations. The site is owned by Mr. Gary Pressley and is an ongoing hay and cattle operation. H&H has an agreement to provide Class B Biosolids to the landowner for fertilizer and soil conditioning. The nutrient input sources for Pressley Ranch are biosolids and manure from beef cattle. The amount of nutrients to be applied on the site is described in the NMP and considered soil test results, agronomic crop demand, expected crop yield, cattle operation and biosolids analysis results. The nutrient sources for the site include biosolids, cow manure and existing 158 soil. The P Index Value calculations included in NMP for all application zones is between 75 and 150 indicating medium potential for P movement from the site. Therefore the NMP concludes, Nitrogen -based nutrient management is satisfactory for this site when conservation measures are taken to lessen the probability of P loss. Havman 711 Ranch The Hayman 711 Ranch NMP presents a plan which complies with applicable regulations and is prepared in accordance with the USDA I NRCs Florida Field Office Technical Guide - Nutrient Management, Code 590, November 2012. The NMP is for the entire land application site including application areas within and outside the BCL watershed. The NMP notes that site is not in a designated sensitive geographic are subject to phosphorous restrictions as defined in 62-640.500 (7) FAC. The assessment of potential for phosphorus movement was prepared utilizing the method presented in OF/IFAS Nutrient Management Series: Computational Tools for Field Implementation of the Florida Phosphorus Index - Osceola County, Florida, August 2013 (IFAS Tools). According to IFAS Tools Table 3, the P Movement Potential Interpretation for all zones on the Site falls within the Medium range of 75-150. Therefore, the nutrient application for each zone can be based on nitrogen loading. S. CONCLUSIONS The following conclusions were developed from a review of the biosolids data for the two land application sites tributary to BCL. 1. The permitted biosolids management facilities appear to be compliant with the Department's rules and regulations. 2. The permits lack surface water and ground water monitoring requirements although they require that the land application of biosolids not result in a violation of Florida water quality standards. 3. Depth to ground -water is a concern. The permits require water table level monitoring in monitoring wells or piezometer in one or more representative locations in the application zones before each application of biosolids and Biosolids Application Site Logs include a depth to ground water column. Reviewed reports showed uniformed values and. no location of monitoring. 4. NMPs appear to be compete. Both note nitrogen -based nutrient management is satisfactory for this site. 5. Nitrogen -based nutrient management appears to result in phosphorous loading that exceeds crop needs; therefore excess phosphorous within the BCL watershed. 159 Appendix Compliance Inspection Evaluations Reports 160 July 6, 2018 Mr. Rick D. Hacht., President H&H Liquid Sludge Disposal, Inc. P.O. Box 390 Branford, FL 32008 biosolidsolutions(a-,hhlsd.com RE: 2018 Compliance Evaluation Inspection Pressley Ranch Biosolids Application Site DW Facility ID# FLA801097 Indian River County Dear Mr. Hacht: Department personnel conducted a Compliance Evaluation Inspection at the above -referenced facility on June 22, 2018. Based on the information provided during the inspection the facility was determined to be in compliance. A copy of the report is attached for your records. The Permittee shall contact the Department 7 -days prior to any future land application of biosolids. The Department appreciates your efforts to maintain this facility in compliance with state and federal rules. Should you have any questions or comments, please contact Denise K. Watts at (561) 681-6701, or via e- mail at denise.watts@floridadep.gov. Sincerely, /'!� JYhnenfranz Environmental Manager Southeast District JR/dkw Blake Hacht, H&H Compliance Manager Donnie Yates, H&H, L.S.D. Supervisor Shiv Shani, P.E., AEC Build Gary Pressley, Owner of Pressley Ranch Denise K. Watts, FDEP/SED John Renfranz, FDEP/SED Mike Bechtold, FDEP/SED B.Hacht a,hhlsd.com d.vatesAhhlsd.com .shivgAECbuild.com g1p5050Aaol.com Denise. W atts(d� floridadep.gov John.Renfranz(aMoridadep.ov Mike.Bechtold(iDfloridadep_.gov 161 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BIOSOLIDS COMPLIANCE INSPECTION REPORT Facility Name and Physical Address WAFR ID County Entry Date Entry Time Pressley Ranch BMF FLA801097 Indian River 6/22/2018 10:00 a.m. 4505 Blue Cypress Road SELF-MONITORING PROGRAM Vero Beach, FL 32996 Facility Phone # Exit Date Exit Time (772) 473-8901 6/22/2018 12:30 p.m. LAT 27 ° 42 21.38N LONG 80 46 55.46W 4. ♦ Access Control Name(s) of Field Representatives(s) and Title Email Phone Date Donnie Yates, Supervisor d.yates@hhlsd.com (386) 935-0941 2. ♦ Compliance Blake Hacht, Compliance Manager b.hacht@hhlsd.com (800) 653-0386 Name & Address of Permittee / Designated Rep. Title Email IC Phone Rick Hacht, H&H Liquid Sludge Disposal, Inc. President hhlsd@windstream.net (386) 935-0941 P.O. Box 390 Branford, FL 32088 Inspection Type C I E II Samples Taken(Y/N): N Sample ID#: Samples Split (Y/N) : IC BIOSOL1DS SITE COMPLIANCE AREAS EVALUATED IC =1n Compliance; MC = Minor Out of Compliance; NC = Out of Compliance; SC = Significant out of Compliance; NA = Not Applicable; NE = Not Evaluated Significant Non -Com liance Criteria Should be Reviewed when Out of Com liance Ratings Are Given in Areas Marked by a "♦ " __ ❑ Out -Of -Compliance PERMITS/ORDERS Recommended Actions: N/A SITE OPERATIONS SELF-MONITORING PROGRAM IC District Office/Phone Number IC Denise K. Watts IC (561) 681-6701 IC 1. ♦ Permit 4. ♦ Access Control 7. Odor/Nuisance Date 8. ♦ Records & Reports NA 2. ♦ Compliance IC 5. ♦ Site Restrictions IC and Setbacks 9. Site Monitoring Schedules IC 3. Nutrient Management IC 6. ♦ Operation and Plan Maintenance NA 10. Other Facility and/or Order Compliance Status: X In -Compliance __ ❑ Out -Of -Compliance F Significant -Out -Of -Compliance Recommended Actions: N/A Name(s) and Signature(s) of Inspector(s) District Office/Phone Number Date Denise K. Watts Michael W. Bechtold (561) 681-6701 6/25/2018 Name and Signature of Reviewer District Office/Phone Number Date John Renfranz (561) 681-6645 7/6/2018 162 Single Event Violations Check for Evaluation Area Description Finding Description Finding Yes ID ❑ Biosolids General Operation of unpermitted disposal system at a permitted facility. EDUN Disposal ❑ Laboratory General The laboratory is not certified by the Department of Health. LNCE ❑ Permit General Unauthorized discharge from the collection system with a high UNBP potential for water quality or health impacts ❑ Permit General The facility is operating without a wastewater permit. UPHI ❑ Records and General Falsification of any record or report FARR Reports ❑ Records and General The Permittee failed to report noncompliance to the Department RSWP Reports within 24 hours as required by 62-620.610(20),F.A.C. 163 Facility Summary: 1. • Permit: In -Compliance Current Permit available on-site? Yes Date Permit issued 03/01/2018 Date Permit Expires If expired, lease check SEV code list. 02/28/2028 Permit Renewal Application due by 09/01/2017 Administrative or Judicial Orders? N/A 1.1 Observation: The 3,760, acre site; owned by Mr. Gary Pressley, is distributed into 22 applications zones where 1,000 head of cattle graze on Bahia grass and are rotated to a different zone every 30 -days. The nutrient sources for the site include Class B biosolids from various wastewater treatment plants, 11,320 tons of cattle manure/year, and the nutrient found in the existing soil. This site is not located in geographic areas subject to restrictions on phosphorus as required by 62-640.500(7), Florida Administrative Code. 1.2 Additional Comments: The Department was recently informed that Pressley Ranch will no longer be cutting and bailing Bahia Grass. The Nutrient Management Plan will be updated and the permit may need to be modified. 1.3 Additional Comments: The permittee shall contact the Department 7 -days prior to any future land application of biosolids. 2. • Compliance Schedules: Not Applicable Compliance Schedule in Permit met? Not Applicable Are there any NMP revisions? If so, please explain below. Compliance Schedules in Order are being met? Not Applicable 3. Nutrient Management Plan: In -Compliance NMP available on-site? Yes Are there any NMP revisions? If so, please explain below. See Observation 3.1 Observation: The Nutrient Management Plant (NMP) was issued on January 13, 2018. Its goal is to effectively and efficiently use the nutrient resources to supply plants and animals with enough food, forage, fiber and/or cover while minimizing the transport of nutrients to ground or surface water in order to prevent environmental degradation. In the NMP, the soil pH was evaluated for each zone based on the soil test results. Rule 62-640.700(9), F.A.C. indicates that the pH of the biosolids-soil mixture shall be 5.0 or greater at the time the biosolids are applied. 3.2 Observation: During the inspection, DEP personnel requested H&H submit additional soil fertility testing. H&H explained that they had additional testing performed in March 2017. The March 2017 soil testing results were submitted to DEP on the same day of the inspection. When the newly submitted soil fertility 164 results were compared to the Phosphorus index, all zones passed the P -index. The NMP will be updated to incorporate the March 2017 test results. 3.3 Observation: The soils testing shows the application fields have increased Phosphorus concentrations when compared to the initial testing 5 years ago. This indicates the Phosphorus is being stored on the fields. This data also confirms compliance with the Department's rules and regulations. 3.4 Observation: At the time of the inspection, the site water table was too high to allow spreading. It is anticipated that the site will not receive any further biosolids application until the dry season. The site was wet, and some of the application sites had some minimal ponding from recent spring rains. 3.5 Observation: The drainage features within the ranch were designed to limit runoff from the fields. At the setbacks boundaries, which have not received biosolids application, there was a distinctive break in the appearance of the vegetation. The vegetation within the biosolids application areas appeared much denser/healthier when compared to the vegetation in the setback area. This evidence appears to support that the setbacks are working to keep the nutrients within the application sites. 4. . Access Control: In -Compliance Application Zones Inspected 3a, 3b, 3c, 8, 10, 11, 13, 15 and 16 How is access controlled? Fences & gates Advisory signage satisfactory? Yes. Are any biosolids tracked off-site? No Do any biosolids run-off from the site? No 5. • Site Restrictions and Setbacks: In -Compliance Are site restriction requirements met? Yes Are grazing, harvesting and public access restrictions followed? Yes Are grazing restrictions followed? Yes Are harvesting restrictions followed, if applicable? Yes Are setback distances maintained? Yes How are setbacks marked or otherwise followed? Orange ribbons mark setbacks. Setbacks from waterways are vegetated. 6. • Operation and Maintenance: In -Compliance Site being operated/maintained as per permit Yes includes NMP)? Agricultural operations and crops match the Yes NMP? 165 All.biosolids applied meet the requirements for Yes Class B, Class A, or Class AA standards? Yes Do biosolids application exceed the allowed No loading rates in the NMP and permit application? Yes Method of application observed? N/A *site not active at time of Annual Summary reports submitted? inspection. When active & spreading, Annual Summary review period incorporation is used. Does the method of application match the NMP? Yes If incorporation is conducted for the purpose of Yes vector attraction reduction, is this recorded? Not Applicable Additional sources of nutrients applied. (e.g. No commercial fertilizer, etc. Not Applicable Biosolids storage observed? No Does the storage match the NMP and are storage Not Applicable provisions followed? 6.1 Observation: At the time of this inspection, the last land application was on May 12, 2018. No storage or land application of biosolids was observed. 7. Odor/Nuisance: In -Compliance Were odors observed off-site? No Were vectors observed? No Any known complaints? If yes, ex lain below. No 8. • Records and Reports: In -Compliance Biosolids Site Logs available on-site? Yes Current activities reflected on the log? Yes Date of most recent application 05/12/2018 Were running totals of the restricted nutrient completed? Yes Hauling Records available on-site? Yes Annual Summary reports submitted? Yes Annual Summary review period 02/10/2014 ----- 02/16/2017 . Was the facility within allowed nutrient loading limits? Yes Are all zones above minimum H? Yes Harvest records available on-site, if applicable? Not Applicable Date and quantity of most recent harvest, if applicable? N/A N/A Not Applicable 9. Site Monitoring: In -Compliance Is the water table level measured and recorded, if Yes required? 166 Water table level at time of inspection (if required) Not See Evaluated Observation Is ground water quality monitoring conducted, if Not Required in Permit required? Is annual soil pH testing conducted? Yes Is soil fertility testing conducted at the frequency Yes specified in the NMP and sitepermit? Annually 9.1 Observation: The pH of soil shall be 5.0 or greater at the time biosolids are land applied. At a minimum, soil pH testing shall be conducted annually. The pH for the land application zones land applied between March and May ranged between 5.0 to 5.6. The water table at the time of land application was at 36." 9.2. Observation: The water table was above the limit to land apply at the time of this inspection. The measurement could not be taken due to field saturation. 10. Other: Not Evaluated 167 Photos of site visit 168 The ranch contains of a series of drainage ditches that keeps some of the runoff contained onsite. There was standing water present on the day of this inspection due to recent rains. 169 June 15, 2017 Florida Department of ° Environmental Protection r Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Rick Hacht, President H & H Liquid Sludge Disposal, Inc. P.O. Box 390 Branford, FL 32008 biosolidsolutions@hhlsd.com Re: Hayman 711 Ranch Biosolids Management Facility DW Facility ID #FLA617903 Osceola County Dear Mr. Hacht: Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary Department personnel conducted an inspection of the above -referenced 5/10/2017 on May 10, 2017. Based on the information provided during and following the inspection, the facility was determined to be in compliance. with the Department's rules and regulations. A copy of the inspection report is attached for your records, and any non-compliance items which may have been identified at the time of the inspection have been corrected. The Department appreciates your efforts to maintain this facility in compliance with state and federal rules. Should you have any questions or comments, please contact Nikki Belian at 407- 897-2907 or via e-mail at Nicole.Belian@dep.state.fl.us. Sincerely, Christianne C. Ferraro, P.E., Manager Central District Florida Department of Environmental Protection Enclosures: Inspection Report cc: Martin Buerk; mbuerk@hhlsd.com www. dep.state fl. us 170 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTEWATER COMPLIANCE INSPECTION REPORT Facility Name and Physical Address WAFR ID County Entry Date Entry Time Hayman 711 Ranch Biosolids Management FLA617903 Osceola 5/10/2017 10:40 am Facility (BMF) Vice President mbuerk2hhlsd.com (561) 441-5875 P.O. Box 390 Hayman Ranch Road Facility Phone # Exit Date Exit Time Kenansville, FL 32739 (800) 653-0386 5/10/2017 11:45 am LAT 27 0 50 11.57 N LONG 80 0 57 58.95 (561)722-0046 Name(s) of Field Representatives(s) and Title Operator Certification # Email Phone Terry Blount Ranch Manager PROGRAM (561)722-0046 Martin Buerk — H & H Liquid Sludge Disposal Vice President mbuerk2hhlsd.com (561) 441-5875 Name & Address of Permittee / Designated Rep. Title Email Phone Rick Hacht President biosolidsolutions@hhlsd.com (800) 653-0386 H & H Liquid Sludge Disposal Inc P.O. Box 390 Branford, FL 32008 Inspection Type I R S I Samples Taken(Y/N): N Sample ID#: Samples Split (Y/N) X Domestic ❑ Industrial FACILITY COMPLIANCE AREAS EVALUATED Recommended Actions: Compliance Letter IC = In Compliance; MC = Minor Out of Compliance; NC = Out of Compliance; SC = Significant out of Compliance; NA = Not Applicable; NE = Not Evaluated Significant Non -Com liance Criteria Should be Reviewed when Out of Com liance Ratings Are Given in Areas Marked b a "♦ " PERMITS/ORDERS SELF MONITORING FACILITY OPERATIONS EFFLUENT/DISPOSAL PROGRAM Date 6/14/2017 IC 1 ♦ Permit NA 3. Laboratory IC 6. Facility Site Review NA 9. ♦Effluent Quality NA 2. ♦ Compliance Schedules NA 4. Sampling NA 7. Flow Measurement NA 10. ♦ Effluent Disposal IC 5.*Records & Reports IC 8. ♦ Operation & Maintenance IC 11. Biosolids NA 12. Groundwater NA 14. Other NA 13. ♦ SSO Survey Facility and/or Order Compliance Status: X In -Compliance ❑ Out -Of -Compliance ❑ Significant -Out -Of -Compliance Recommended Actions: Compliance Letter Name(s) and Signature(s) of Inspector(s) Nikki Belian � � District Office/Phone Number (407) 897-2907 Date 6/14/2017 Name and Signature of Reviewer Christianne C. Ferraro, P.E. C��, ._!/ � l - n District Office/Phone Number 407-8974114 Date 6/14/2017 171 Version 1.1 Effective 01/04/17 Page 1 of 3 Single Event Violations Check for Yes Evaluation Area Description Finding Description Finding ID ❑ Effluent Disposal General Operation of unpermitted disposal system at a permitted facility. EDUN ❑ Laboratory General The laboratory is not certified by the Department of Health. LNCE rl Permit General Unauthorized discharge from the collection system with a high potential for water quality or health impacts UNBP El Permit General The facility is operating without a wastewater permit. UPHI Records and Reports General Falsification of any record or report FARR Records and Reports General The Permittee failed to report noncompliance to the Department within 24 hours as required by 62-620.610(20),F.A.C. RSWP 171 Version 1.1 Effective 01/04/17 Page 1 of 3 Facility Treatment Summary: Biosolids Management Facility (land application site) 1. Permit: In -Compliance Current Permit available on-site? Yes Date Permit issued 12/17/2012 Date Permit Expires 12/16/2017 Permit Renewal Application due by 06/19/2017 Administrative or Judicial Orders? N/A 1.1 Observation: A copy of the permit was available onsite. Permit renewal application due by June 19, 2017. 2. Compliance Schedules: Not Applicable 3. Laboratory: Not Applicable 4. Sampling: Not Applicable 5. Records and Reports: In -Compliance Documents/Records reviewed Timeframe Discharge Monitoring Reports (D Rs) Not applicable 5.1 Observation: The required records were available on site and no deficiencies were noted. 6. Facility Site Review: In -Compliance 6.1 Observations: Land application was happening at time of inspection. 6.2 Observations: Appropriate grass crops were being cultivated. 6.3 Observations: The fields were uniformly applied. 6.4 Observations: There was no evidence of runoff. 6.5 Observations: Setbacks were correctly maintained. 6.6 Observations: The facility grounds were secured properly. 6.7 Observations: The site was adequately fenced. 6.8 Observations: Proper signage was prominently visible. 6.9 Observations: Water table monitoring wells are adequately installed throughout the site as needed. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Page 2 of 3 172 7 Flow Measurement: Not Applicable 8 Operation and Maintenance: In -Compliance Facility being operated as perpermit? Yes 8.1 Observation: The site was well maintained. 9 Effluent Quality: Not Applicable 10 Effluent Disposal: Not Applicable 11 Biosolids: In -Compliance 11.1 Observation: Class B biosolids have been applied to the site. They are spread uniformly as liquid and cake, and not excessively. 12 Groundwater Quality: Not Applicable 13 SSO Survey: Not Applicable 14 Other: Not Applicable Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Page 3 of 3 173 TECHNICAL MEMORANDUM JonesEdmundsl No. 3 anicki'Enviionmentaljnw. Blue Cypress Lake - Water Quality Study TO: Vincent Burke, PE, Utilities Director, Indian River County FROM: Anthony Janicki, PhD, Janicki Environmental Brett Cunningham, PE, Jones Edmunds Jon Perry, Janicki Environmental Bill Lynch, PE, Jones Edmunds DATE: November 13, 2018 SUB]ECT: Phosphorus Budget Jones Edmunds Project No. 08620-002-01 1 INTRODUCTION This Technical Memorandum No. 3 is part of a Water Quality Study for Blue Cypress Lake (BCL). When complete, the Study will determine whether anthropogenic influences are a significant causative factor in water quality. More specifically, the Study will determine whether the application of biosolids in the tributary watershed discharging to BCL is affecting water quality. 2 OBJECTIVES The project objective is to gather, validate, and assess the water quality :data associated with BCL and its watershed, including the permitted use of land application of biosolids. This Technical Memorandum reports on the results of the phosphorus budget. 3 PHOSPHORUS BUDGET The approach to the phosphorus budget uses measured concentrations in the three major tributaries and BCL, flow estimates from the Hydrologic Simulation Program — Fortran (HSPF) model developed by the St. Johns River Water Management District (SJRWMD) for 2000 through 2012, and flow estimates for 2013 through 2017 based on relationships of flow versus rainfall from the HSPF model. Figure 1 shows the watershed boundaries from the HSPF model and the polygons representing areas permitted to receive applications of biosolids. As Figure 1 shows, the Blue Cypress Creek water quality station is downstream of a portion of the biosolids application sites, but the others are not. Therefore, this approach is not accounting for a large portion of the biosolids contribution, which is important to the findings. 08620-002-01 1 November 2018 Phosphorus Budget Figure 1 WBIDs and Water Quality Monitoring Stations from the FDEP IWR and SJRWMD Databases Hayman 711 Ranch 4 A. - � I Blao „'o r re`s -ms, brnch w I ' PressleyRanch 75 08620-002-01 2 November 2018 Phosphorus Budget Figure 2 shows an annual summary of the total phosphorus (TP) from biosolids applied at each location within the BCL watershed since 2006. As Figure 2 shows, the largest applications were at Hayman 711 Ranch and Pressley Ranch. Figure 2 Biosolids Applications in the Blue Cypress Lake Watershed by Location 300000- 200000- 100000- 0- 300000- 200000- 1000010- 0- 300000- CO- 00000- 200000-100000-0-300000-200000- 100000- 0-300000- CO. 200000- L 100000 - m 0- 300000 - 200000 - 100000 - 0- 300000 . 200000 - 100000 - 0 - Hayman 711 Ranch i Kenansville Ranch Pressley Ranch Shane's Place j r i j t! Yeehaw Ranch {{ 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Year 08620-002-013 3 November 2018 Phosphorus Budget Figure 3 shows an annual summary of the TP from biosolids applied within the BCL watershed since 2006. Figure 3 (lbs/year) 70000( 60000( 50000( 40000( 30000( 20000( 10000( Total Biosolids Applications in the Blue Cypress Lake Watershed Annual Biosolid TP Application 1(0 pA �`b 08620-002-01 4 November 2018 Phosphorus Budget Figure 4 shows the fluxes or masses of phosphorus entering (blue line) and leaving (green) the lake. The Mass In is calculated from the total modeled/estimated annual volume entering the lake multiplied by the mean annual measured TP concentration from the three water quality stations, which do not capture a large portion of the biosolids application areas. The Mass Out is calculated from the total modeled/estimated annual volume leaving the lake multiplied by the mean annual measured TP concentration from a representative site in the middle of the lake. Clearly, the mass of phosphorus entering the lake exceeded the mass leaving the lake through 2005. From 2006 until 2012, the Mass In and Mass Out were similar. From 2013 to 2017, the mass of phosphorus leaving the lake exceeds that entering the lake. Since the water chemistry - in particular the pH and dissolved oxygen - are relatively constant during this time, the net difference between discharge of incoming phosphorus and release of bound phosphorus in the lake sediments is unlikely to have changed significantly. That means that an unaccounted-for phosphorus source likely exists. Figure 4 Ibs/year 140000.. 130000. 120000: 110000: 100000. 1 1 08620-002-01 November 2018 Total Annual Phosphorus Fluxes Calculated for Blue Cypress Lake 0 2012 2014 2016 Year .-...Mass In —Mass Out 5 Phosphorus Budget Figure 5 shows the differences in the calculated fluxes. Given the results shown in Figures 4 and 5, it would follow that the lake mass would decrease if more mass leaves the lake than enters. In fact, Figure 6 shows that the mass within BCL continues to increase, which corroborates the hypothesis that there is another phosphorus source to the lake. Figure 5 Total Annual Differences in Calculated Phosphorus Fluxes 60000 40000 20000 0 0 -20000 -40000 J9 10 10 10 10 10 10 It, 10 10 10 'b" 0 10 10 10 111011 0 111011 O 10 10 99 00 OJ 01 03 Oy Os. O6. O) %,Oy JO JJ J1 J3 Jy Jy, J6, Jj JO Year Figure 6 Total Annual Mass of Phosphorus in Blue Cypress Lake lbs 1 1 I NO 2002 2004 2006 2008 2010 2012 2014 2016 Year 18 08620-002-01 6 November 2018 Phosphorus Budget 4 FINDINGS AND CONCLUSIONS The larger applications of biosolids that are downstream of the water quality stations, i.e., not accounted for in these calculations, began in 2013 — the same year that a continuous annual flux of unaccounted-for phosphorus begins as determined through the approach presented. Beginning in 2013, the annual TP application rate downstream of the water quality sampling stations averages approximately 200,000 pound per year (Ib/year) and the unaccounted-for TP averages approximately 20,000 Ib/year. That difference means that if only 10 .percent of the phosphorus in those biosolids reaches the lake, it would account for all of the unaccounted-for phosphorus. Given that the application rates far exceed the agronomic needs of the crop and that residual phosphorus in the fields that were tested in the area for renewing the application permit were relatively low (i.e., much of the phosphorus applied appears to have migrated from the fields), biosolids likely account for a significant amount of the upward trend in phosphorus concentrations in BCL. Appendix A presents the information supporting the phosphorus data that we used for the model and this Technical Memorandum. 08620-002-01 7 November 2018 Phosphorus Budget Appendix A Supporting Information for Phosphorus Data 181 APPENDIX A SUPPORTING INFORMATION FOR PHOSPHORUS DATA A question arose regarding the use of phosphorus data from the S]RWMD station in Blue Cypress Lake (Station BCL) (period of record 1991 to present) as the concentration used to calculate the mass of phosphorus leaving the lake. Of the other potential candidates, the only other possible choice would be to use the S]RWMD site BCMCU due to its relatively long period of record (2006 to. present). Figure 1 shows the two sites. Figure 1 S]RWMD Sites BCL and BCMCU 08620-002-01 A-1 November 2018 Supporting Information for Phosphorus Data We examined the mean annual concentrations (Figure 2) and time -series plots (Figure 3) from both sites to compare the data. Figure 2 shows relatively good agreement between the two sites regarding the annual mean concentrations. The time -series plots support this observation. The water quality at the BCMCU site may be affected by additional inputs along the canal as well as in -stream biogeochemical processes occurring along the canal that likely account for the observed differences. Figure 2 Mean Annual TP concentrations from Site BCL versus BCMCU Mean Annual Lake TP (mg/L) vs. Mean Annual Outgoing Canal TP (mg/L) BCMU 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. BCL 08620-002-01 A-2 November 2018 Supporting Information for Phosphorus Data Figure 3 Time series plots of TP concentrations for site BCL (top) and BCMCU (bottom) TP Concentration 2893V - 21 FLSJWMBCL (MW4 TP Concentration 2893V1 - 21 FLSJWMBCMCU We used site BCL to represent the concentration of water leaving the lake because site BCL has a longer period of record, is more representative of the water quality in the lake, and is the only station within the lake with an extended period,of record. 184 08620-002-01 A-3 November 2018 Supporting Information for Phosphorus Data TECHNICAL MEMORANDUM JonesEdmunds') No. 4 ,�Jamcki Environmental,-lnc. Blue Cypress Lake - Water Quality Study TO: Vincent Burke, PE, Utilities Director, Indian River County FROM: Anthony Janicki, PhD, Janicki Environmental Jon Perry, Janicki Environmental Brett Cunningham, PE, Jones Edmunds XC: Bill Lynch, PE, Jones Edmunds DATE: November 21, 2018 SUBJECT: Draft Waterbody Identification (WBID) Assessment Jones Edmunds Project No. 08620-002-01 1 INTRODUCTION This Technical Memorandum No. 4 is part of a Water Quality Study for Blue Cypress Lake. When complete, the Study will determine whether anthropogenic influences are a significant causative factor in water quality. More specifically, the Study will determine whether the application of biosolids in the tributary watershed discharging to Blue Cypress Lake is affecting water quality. 2 OBJECTIVES The project objective is to gather, validate, and assess the water quality data associated with BCL and its watershed, including the permitted use of land application of biosolids. The objective of this Technical Memorandum is to report the results of the WBID Assessment completed as part of Task 3 of CCNA2018 Work Order 1. 3 BACKGROUND The State of Florida is charged with regularly assessing the State's waterbodies against State -adopted water quality criteria. Florida Department of Environmental Protection (FDEP) is responsible for the assessment under Rule 62-303, Florida Administrative Code (FAC), also known as the Impaired Waters Rule (IWR). To conduct the assessment, FDEP maintains a database known as the IWR Run, which is a compilation of many data sources including STORage and RETrieval (STORET), United States Geological Survey (USGS), Florida Department of Agriculture and Consumer 08620-002-02 1 November 2018 WBID Assessment Services, and the water management districts. Local governments and agencies also contribute data to the FDEP database. Recently, FDEP has migrated the data to its replacement, the Florida Watershed Information Network (WIN). These data are assigned to waterbodies based on their geographic coordinates. The waterbodies are assigned unique WBIDs, which are used to track a waterbody through the Watershed Management Cycle. The five steps of the Watershed Management Cycle are the following: ■ Set water quality standards. ■ Waterbody monitoring. ■ Waterbody assessment. ■ Total maximum daily load development. ■ Basin management action plans. Figure 1 shows the WBIDs and the distribution of monitoring sites for this analysis. These waterbodies, including and surrounding Blue Cypress Lake, were last assessed by FDEP in 2016 for January 1, 2007, to June 30, 2014, which does not include much of the more recent upward trend in total phosphorus (TP) observed in some of the waterbodies. Following FDEP protocol of assessing 7.5 years, the analyses in this Technical Memorandum include data from July 1, 2010, to December 31, 2017. Table 1 shows the WBIDs used for this analysis with their classes and types. Table 1 WBIDs, FDEP Waterbody Names, Classes, and Types Used in This Assessment WBID FDEP Name Class Type l 2893V Blue Cypress Lake 1 Lake 3152C Padgett Branch (Class I) 1 Stream 2893V1 Blue Cypress Lake Drain 1 Stream 28938 Blue Cypress Marsh 1 Stream 3133 Blue Cypress Creek 1 Stream The water quality standards used in the assessment are dependent on the class of waterbody, i.e., Class 1: Drinking water supply or Class 3F: Fish Consumption, Recreation, Propagation, and Maintenance of a Healthy, Well -Balanced Population of Fish and Wildlife. All the waterbodies in this assessment are Class 1. 08620-002-02 2 November 2018 WBID Assessment Brevard- - 14 _ +County. y � - �.� - � •_ :.r -..:ice Osceo' , A 2VQ 931�'i la F. County 4 , - 2893f 3133V e _ . 1. 2893V1 • • _ 315,2 28938 _ Indian River County Okeechobee: County 0 IWR Monitoring Sites Kilometers' The Numeric Nutrient Criteria (NNC) for total nitrogen (TN), TP, and chlorophyll a also take into account the waterbody type, i.e., lakes, streams, or estuaries. The location within the State is also significant since the same type of waterbody has different NNC depending on the nutrient region (Figure 2). All of the waterbodies referenced in this Technical Memorandum are in the Peninsula Nutrient Region. Figure 2 Location of the Blue Cypress Lake Study Area Within the Peninsula Nutrient Watershed Region Blue Cypress Lake Study Area Study Area Nutrient Watershed Regions North Central Panhandle East ® Panhandle V1'est 0 Peninsula South West Central The expression used for the State dissolved oxygen (DO) criterion was recently changed from a concentration to a percent saturation criterion. This criterion also is dependent on the class of waterbody and whether the waterbody is freshwater or marine. For a waterbody to be placed on the Verified Impaired List due exceedance of the DO criterion, the causative pollutant must be identified. In the absence of a causative pollutant, the WBID is placed on the Study List for further monitoring or on the Natural Background List. The typical causative pollutants are nutrients expressed as excessive chlorophyll a or an elevated biochemical oxygen demand. 4 WATER QUALITY CRITERIA FDEP uses all the available data within a WBID to compare the ambient water quality in a waterbody with the appropriate water quality criteria. For this assessment, we looked at the following parameters: ■ TN. ■ Corrected Chlorophyll a (CHLAC) ■ TP ■ DO (DOSAT) 08620-002-02 4 November 2018 WBID Assessment The first three are the NNC. As mentioned previously, the waterbody type and geographic location determine the appropriate NNC. Table 2 shows the criteria used in this assessment. All of the NNC are assessed as annual geometric means (AGMs) and should not be exceeded more than once in 3 years. The AGMs are used to limit the effect of extreme low or high values that would skew an arithmetic mean. For lakes, the TN and TP have two values that are dependent on the chlorophyll a value. If the CHLAC AGM is less than 20 micrograms per liter (Ng/L), the higher criteria are used for TN and TP. If the CHLAC AGM is greater than 20 pg/L, the lower criteria are used. Table 2 Applicable NNC and DO Standards for Blue Cypress Watershed Waterbody Chlorophyll a TN TP DO Type (hg/L) (pg/L) (hg/L) (%) Lake :520 :51.27 :52.23 <_0.05 5_0.16 >_38 Stream — <_ 1.54 150.12 >_38 While many other water quality criteria can be assessed, data requirements need to be met for an assessment to be made and sufficient data for many of these criteria were not available. Exceedance of any NNC is not sufficient to deem a WBID as being impaired. As promulgated by FDEP, NNC in freshwater WBIDs require biological confirmation of any impairment. For lakes, the key parameter is the Lake Vegetation Index (LVI); for streams, the Stream Condition Index (SCI). Currently, Blue Cypress Marsh is verified impaired for the presence of macrophytes. If a waterbody fails an NNC criterion and no corresponding biological data are available, that waterbody is placed on the Study List for additional monitoring. If a waterbody fails to meet the NNC and passes the biological criterion, that waterbody is not impaired. If a waterbody fails the NNC and fails the biological assessment, that waterbody is placed on the Verified Impaired List. As previously mentioned, the DO standard is dependent on whether a waterbody is fresh or marine. In this case, all the waterbodies are freshwater. The DO criterion should not be exceeded in more than 10 percent of the samples. 5 WATER QUALITY DATA The dataset developed under Task 1 was used for this assessment and was derived from the FDEP IWR Run 55 database appended with more recent data from the St. Johns River Water Management District (SJRWMD) for the WBIDs surrounding Blue Cypress Lake. This dataset includes data from various agencies but predominantly from the SJRWMD. 6 ASSESSMENT Following FDEP protocol, data for 7.5 years were used in the assessment, namely July 1, 2010, to December 31, 2017. Table 3 shows the results of the assessment. Green cells represent waterbodies that meet or pass the criterion; red cells represent waterbodies that fail a criterion. Open cells indicate lack of sufficient data to complete the assessment. 08620-002-02 5 November 2018 WBID Assessment Table 3 Results of the Assessment for NNC and Dissolved Oxygen. Waterbody TN TP Chloraophyll DO Blue Cypress Lake ° 'F= "_` Padgett Branch Chlorophyll a Dissolved Oxygen Blue Cypress Lake Drain '�' Blue Cypress Marsh :; } Blue Cypress Creek The first notable result is that none of the assessed WBIDs fail to meet the TN criterion. Conversely, four of the five WBIDs fail to meet the TP and DOSAT criteria. Four of the five WBIDs did not have sufficient data to assess for chlorophyll a. The fifth WBID, Blue Cypress Lake, met the chlorophyll a criterion. As discussed above, a WBID is deemed impaired if both an exceedance of an NNC and a biological confirmation indicate an impairment. For information regarding biological parameters used to confirm an impairment, we referred to the IWR Run 55 database. Three of the waterbodies have biological data available for assessment: Blue Cypress Lake, Blue Cypress Marsh, and Blue Cypress Creek. Blue Cypress Lake and Blue Cypress Marsh failed to meet the biological criteria, LVI, and excessive macrophytes, respectively. Blue Cypress Creek did meet the SCI criterion. Table 4 shows the results of combining the water quality and biological assessments. Expecting that Blue Cypress Lake will be deemed Verified Impaired is reasonable because the TP and LVI criteria were not met. The remainder of the WBIDs that failed either the TP or biological assessments will be placed on the Study List. Table 4 Expected Impairment Status Waterbody Total Nitrogen Total Phosphorus Chlorophyll a Dissolved Oxygen Blue Cypress Lake '�' Impaired a f Padgett Branch Study List Study List Blue Cypress Lake Drain H w Study List Study List Blue Cypress Marsh .}`o Study List Blue Cypress Creek Study List Study List The above are the expected results of the next assessment to be conducted by FDEP scheduled for late 2020 using data from January 1, 2013, to June 30, 2020. However, with the development of WIN and streamlining of the assessment, FDEP is considering conducting a state-wide assessment every 2 years instead of the current 5 -year rotation. According to Rule 62-303, FAC, a waterbody shall be included on the Planning List for nutrients if there is a statistically significant increasing trend in the annual geometric means at the 95 percent confidence level in TN, TP, or chlorophyll a over the planning period using a Mann's one-sided, .upper -tail test for trend. Figures 3 and 4, respectively, show that the 19() 08620-002-02 6 November 2018 WBID Assessment recent increasing trend in TP in Blue Cypress Lake and Blue Cypress Lake Drain meets the stated criterion. Figure 3 Total Phosphorus AGM in Blue Cypress Lake mg/L 0 30 0.25 0.2 0.1 0.10 0.0 0.0 0 - - — - — - -- - —{ AIS � i 5 � 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 9 9 9 9 9 0 0 0 0 0 0 0 0 0 0 0 9 9 9 9 9 0 0 0 0 0 1 1 1 1 1 2 0 2 4 6 8 0 2 4 6 8 0 2 4 6 8 0 Year Figure 4 Total Phosphorus AGM in Blue Cypress Lake Drain mg/L 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 9 9 9 9 9 0 0 0 0 0 0 0 0 0 0 0 9 9 9 9 9 0 0 0 0 0 1 1 1 1 1 2 0 2 4 6 8 0 2 4 6 8 0 2 4 6 8 0 Year 7 CONCLUSIONS Each of the identified WBIDs were assessed using all the available data against FDEP Water Quality Standards for TN, TP, chlorophyll a, and DO. Section 6 shows the expected results of the next FDEP assessment. The recent increasing trend in TP in Blue Cypress Lake would have placed it on the Planning List. However, with the higher AGMs coupled with available biological confirmation, placement on the Verified Impaired list is highly likely. This likely change in impairment status results from the recent higher TP concentrations in Blue Cypress Lake. 08620-002-02 7 November 2018 WBID Assessment 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 9 9 9 9 9 0 0 0 0 0 0 0 0 0 0 0 9 9 9 9 9 0 0 0 0 0 1 1 1 1 1 2 0 2 4 6 8 0 2 4 6 8 0 2 4 6 8 0 Year Figure 4 Total Phosphorus AGM in Blue Cypress Lake Drain mg/L 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 9 9 9 9 9 0 0 0 0 0 0 0 0 0 0 0 9 9 9 9 9 0 0 0 0 0 1 1 1 1 1 2 0 2 4 6 8 0 2 4 6 8 0 2 4 6 8 0 Year 7 CONCLUSIONS Each of the identified WBIDs were assessed using all the available data against FDEP Water Quality Standards for TN, TP, chlorophyll a, and DO. Section 6 shows the expected results of the next FDEP assessment. The recent increasing trend in TP in Blue Cypress Lake would have placed it on the Planning List. However, with the higher AGMs coupled with available biological confirmation, placement on the Verified Impaired list is highly likely. This likely change in impairment status results from the recent higher TP concentrations in Blue Cypress Lake. 08620-002-02 7 November 2018 WBID Assessment Figure 4 Total Phosphorus AGM in Blue Cypress Lake Drain mg/L 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 9 9 9 9 9 0 0 0 0 0 0 0 0 0 0 0 9 9 9 9 9 0 0 0 0 0 1 1 1 1 1 2 0 2 4 6 8 0 2 4 6 8 0 2 4 6 8 0 Year 7 CONCLUSIONS Each of the identified WBIDs were assessed using all the available data against FDEP Water Quality Standards for TN, TP, chlorophyll a, and DO. Section 6 shows the expected results of the next FDEP assessment. The recent increasing trend in TP in Blue Cypress Lake would have placed it on the Planning List. However, with the higher AGMs coupled with available biological confirmation, placement on the Verified Impaired list is highly likely. This likely change in impairment status results from the recent higher TP concentrations in Blue Cypress Lake. 08620-002-02 7 November 2018 WBID Assessment ORDINANCE NO. 2018- orb AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING A TEMPORARY MORATORIUM FOR 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and chapter 125, Florida Statutes, counties have broad home rule powers to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county; and WHEREAS, the Indian River County Board of County Commissioners ("Board") specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County; and WHEREAS, Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage sludge from sewage treatment facilities that contain algae supporting nutrients such as phosphorus and nitrogen; and WHEREAS, phosphorus and nitrogen pollution have been a long term problem for surrounding estuaries and watersheds, as phosphorus and nitrogen promote algal blooms, fuel growth of noxious vegetation, and replace the unique natural ecosystem with one which is undesirable to humans and native wildlife; and WHEREAS, the Board finds that the proper regulation of the land application of Class B biosolids is necessary and appropriate to guide the future use, development, and protection of the land and natural resources in the unincorporated areas of Indian River County and within areas within drainage areas potentially affecting conservation lands and the Indian River Lagoon; and WHEREAS, the land application activities of Class B biosolids is currently being conducted on property in Indian River County, in areas near waterbodies such as Blue Cypress Lake; and WHEREAS, Blue Cypress Lake, the first lake along the St. Johns River, is classified by the Florida Department of Environmental Protection as a Class 1 surface water with a designated use for potable water supplies; and 1 192 ORDINANCE NO.' 2018- U WHEREAS, there is evidence of significant increases in phosphorus and nitrogen and incidences of harmful and potentially toxic algae blooms in Blue Cypress Lake; and WHEREAS, there appears to be a correlation between the increases of nutrients in Blue Cypress Lake and the land application of biosolids in the unincorporated area of Indian River County; and WHEREAS, the land application of biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as the cheapest alternative for the disposal and land application of Class B biosolids generated in South Florida; and WHEREAS, adding to the present nutrient levels in the St. Johns River Basin may further inflict damage to the health, safety, and welfare of humans and wildlife in Indian River County and the State of Florida; and WHEREAS, Indian River County has existing zoning regulations pertaining to the practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River County Code with codified criteria for sludge spreading such as designated setbacks, reporting requirements, and the need for obtaining approvals; and WHEREAS, however, the existing Indian River County requirements do not provide for regulatory setbacks or for mandatory distances of Class B biosolids from waterbodies; and WHEREAS, the Board has determined that the temporary moratorium is needed to study the effects that the disposal and land application of Class B biosolids has on the water resources of Indian River County and to protect water quality in the St. Johns River watershed, Blue Cypress Lake, and surrounding water bodies, from adverse impacts potentially caused by the land application of Class B biosolids; and WHEREAS, County staff has met with owners of properties currently permitted through the Florida Department of Environmental Protection to land apply Class B biosolids and owners indicated a good faith willingness to voluntarily cease Class B biosolids land application activities for the duration of the 180 day moratorium; and WHEREAS, the purpose of this ordinance is to place a temporary moratorium on land application of Class B biosolids activities, as defined herein, except where regulation of such activities is determined to be preempted to the state, for a period of time reasonably necessary for Indian River County to coordinate with the Florida Department of Environmental Protection and investigate the impacts of land application activities upon the public health, safety, and welfare, to promulgate reasonable regulations relating to such activities if deemed advisable by the Board, and to assess their impact to Indian River County; 2 193 ORDINANCE NO. 2018- ni ti NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT. Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted and incorporated herein. Section 2. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 3. Temporary Moratorium. Beginning on the effective date of this ordinance and continuing for a period of 180 days, or less if provided by an ordinance_ by the Indian River County Board of County Commissioners, a moratorium is hereby imposed upon all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, except where determined to be inconsistent with or preempted by state law or regulation or for testing per section 5 below as approved by the Florida Department of Environmental Protection. In addition, the moratorium is hereby imposed upon all transportation activities by any person or entity that is engaged in the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. All currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill are not transporting Class B biosolids for land application purposes and thus are not affected by this ordinance or moratorium. Section 4. Expiration of Temporary Moratorium. The temporary moratorium imposed by Section 3 of this ordinance expires 180 days from the effective date of this ordinance. The moratorium may be extended or terminated early by adoption of an ordinance or resolution of the Indian River County Board of County Commissioners. Section 5. Study of Class B Biosolids. The Indian River County Board of County Commissioners directs the County Administrator to coordinate with the Florida Department of Environmental Protection and study in depth and report his findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect within 180 days after the effective date of this ordinance. 3 194 ORDINANCE. NO. 2018- 016 Section 6. Exhaustion of Administrative Remedies. A property owner claiming that this ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted administrative remedies. Section 7. Codification. It is the intention of the Indian River County Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 8. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 9. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 10. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 7th day of July, 2018, for a public hearing to be held on the 17th day of July, 2018, at which time it was moved for adoption by Commissioner Solari, seconded by Commissioner O'Bryan, and adopted. The vote on this ordinance was as follows: Chairman Peter D. O'Bryan aye Vice Chairman Bob Solari aye Commissioner Susan Adams aye Commissioner Joseph E. Flescher aye Commissioner Tim Zorc aye The Chairman thereupon declared the ordinance duly passed and adopted this 17th day of July, 2018. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COU , FLORIDA By - Peter D. O'Bryan, Chai ate *;, ORDINANCE NO 2018 ATTEST: Jeffrey R. Smith, Clerk and Com ptr, Her APPROVED AS TO FORM AND l GQAL SUFFIOIENOY ` By- Deputy.Clerk OakIwo ' , EFFECTIVE DATE: This Ordinance was filed with the Department of State on the lath day of July, 2018. 5 196 i Ia. G.3 - ORDINANCE NO. 2019 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and chapter 125, Florida Statutes, counties have broad home rule powers to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county; and WHEREAS, the Indian River County Board of County Commissioners ("Board") specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County; and WHEREAS, Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage sludge from sewage treatment facilities that contain algae supporting nutrients such as phosphorus and nitrogen; and WHEREAS, phosphorus and nitrogen pollution have been a long term problem for surrounding estuaries and watersheds, as phosphorus and nitrogen promote algal blooms, fuel growth of noxious vegetation, and replace the unique natural ecosystem with one which is undesirable to humans and native wildlife; and WHEREAS, the Board finds that the proper regulation of the land application of Class B biosolids is necessary and appropriate to guide the future use, development, and protection of the land and natural resources in the unincorporated areas of Indian River County and within areas within drainage areas potentially affecting conservation lands and the Indian River Lagoon; and WHEREAS, the land application activities of Class B biosolids was being conducted on property in Indian River County, in areas near waterbodies such as Blue Cypress Lake; and WHEREAS, Blue Cypress Lake, the first lake along the St. Johns River, is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies; and 1 M,A,I H ORDINANCE NO. 2019 - WHEREAS, in 2018 there were Mycrosystis blooms at Blue Cypress Lake; and WHEREAS, Jones Edmunds Associates, analyzing historic St. Johns River Water Management District data, has identified a relationship between the increase in land applied biosolids in the Blue Cypress Lake watershed and an increase in phosphorus levels in Blue Cypress Lake; and WHEREAS, on November 29, 2018 at the Florida Department of Environmental Protection TAC, the St. Johns River Water Management District staff presented information that showed a clear correlation of increased. phosphorus levels where land applied biosolids were spread at FDEP permitted sites within the Upper St. Johns River basin; and WHEREAS, the land application of biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as the cheapest alternative for the disposal and land application of Class B biosolids generated in South Florida; and WHEREAS, in 2017, 73% of all the land applied Class B biosolids were spread in Indian River, Osceola and Brevard Counties; and WHEREAS, adding to the present nutrient loading in the St. Johns River Basin may further inflict damage to the health, safety, and welfare of humans and wildlife in Indian River County and the State of Florida; and WHEREAS, Indian River County has existing zoning regulations pertaining to the practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River County Code with codified criteria for sludge spreading such as designated setbacks, reporting requirements, and the need for obtaining approvals; and WHEREAS, however, the existing Indian River County requirements do not provide for regulatory setbacks or for mandatory distances of Class B biosolids from waterbodies; and WHEREAS, on July 17, 2018, the Board determined that a temporary moratorium of 180 days was needed to study the effects that the disposal and land application of Class B biosolids has on the water resources of Indian River County and to protect water quality in the St. Johns River watershed, Blue Cypress Lake, and surrounding water bodies, from adverse impacts potentially caused by the land application of Class B biosolids; and WHEREAS, County staff had met with owners of properties currently permitted through the Florida Department of Environmental Protection to land apply Class B biosolids and such owners indicated a good faith willingness to voluntarily cease Class B biosolids land application activities for the duration of the 180 day moratorium; and 2 ORDINANCE NO. 2019 - WHEREAS, the purpose of this ordinance is to extend the temporary moratorium on land application of Class B biosolids activities, as defined herein, for an additional 180 days, beginning January 14, 2019, except where such regulation of such activities is determined to be preempted to the state, for a period of time reasonably necessary for Indian River County to coordinate with the Florida Department of Environmental Protection and investigate the impacts of land application activities upon the public health, safety, and welfare, to promulgate reasonable regulations relating to such activities if deemed advisable by the Board, and to assess their impact to Indian River County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted and incorporated herein. Section 2. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 3. Temporary Moratorium. Beginning on the effective date of this ordinance and continuing for a period of 180 days, or less if provided by an ordinance by the Indian River County Board of County Commissioners, a moratorium is hereby imposed and extended upon all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, beginning January 14, 2019, except where determined to be inconsistent with or preempted by state law or regulation or for testing per section 5 below as approved by the Florida Department of Environmental Protection. In addition, the moratorium is hereby imposed and extended upon all transportation activities by any person or entity that is engaged in the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. All currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill are not transporting Class B biosolids for land application purposes and thus are not affected by this ordinance or moratorium. Section 4. Expiration of Temporary Moratorium. The temporary moratorium imposed by Section 3 of this ordinance expires 180 days from the effective date of this ordinance. The moratorium may be extended or 3 M.A-3 ORDINANCE NO. 2019 - terminated early by adoption of an ordinance or resolution of the Indian River County Board of County Commissioners. Section 5. Study of Class B Biosolids. The Indian River County Board of County Commissioners directs the County Administrator to continue to coordinate with the Florida Department of Environmental Protection and the St. Johns River Water Management District and to continue to study in depth and report findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect within 180 days after the effective date of this ordinance. Section 6. Exhaustion of Administrative Remedies. A property owner claiming that this ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted administrative remedies. Section 7. Codification. It is the intention of the Indian River County Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 8. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 9. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 10. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the day of , 201_, for a public hearing to be held on the day of January, 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted. The vote on this ordinance was as follows: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 4 ORDINANCE NO. 2019 - The Chairman thereupon declared the ordinance duly passed and adopted this day of January, 2019. ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 0 Bob Solari, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of January, 2019. I Q� R ^'s 12/14/2018 41162018 R— Flunla 1a9, Ch. CVVms U ,SidY ,Qh I.Mion. mwm5tm!dtM . Rare Florida jewel, Blue Cypress Lake, sickens Si05OWS Appiluanons in YlY iippar 61..iohm River Basin i IM 201ij x 4 with pollution Pollution levels have risen sharply, said John Hendiiekson, supervising scientist at the St. Johns. River'Water Management Disttict;. "One, of the things that jumps out at you is the utilization of uiosolids.° 1 Pollution levels have risen sharply, said John Hendiiekson, supervising scientist at the St. Johns. River'Water Management Disttict;. "One, of the things that jumps out at you is the utilization of uiosolids.° 1 12/14/2018 ST JOHNS RIVER WATER MANAGEMENT DISTRICT Long Term Monitoring Sites _ BCL site: Long term monitoring location for various parameters from 1979 to present. SIRWMD BCL Total Nitrogen z.s i 1.s E 1 -el rq" no on AN M. O.s 0 O�\�1? �'10OB\y1\11 \y4 1\0 �yh\moi \y1\0 1100\y4P, \l1? \l1\�\,`q\ O�\y10 O�\y1\11, i\,1\11 \~1\1P \y1 1\+�\yy\��\yy\~6. SIRWMD BCL Total Phosphorus 0.25 S 0.2 E 0.15 0.1 a0s 0 10\y�\� \+y\�e\ry�p1\+h\ryOil \yh\�oy\yy\ryooy\+y\ry0 2 I q 66 - P. IRC contracts with Jones Edmunds & Associates for BCL water quality study IRC contracts with Jones Edmunds & Associates for BCL water quality study JEA compiles data and communicates with regulatory agencies HOW DID WE GET HERE June 19, 2018 Blue Cypress Lake (BCL) concerns discussed at BCC meeting. Actions required: Work with Regulatory Agencies to identify cause of elevated nutrients in the Lake Reach out to Property Owners and Biosolids Operators HOW DID WE GET HERE Craft a temporary Biosolids Land Application moratorium June 19, 2018 Blue Cypress Lake (BCL) concerns discussed at BCC meeting. Actions required: Work with Regulatory Agencies to identify cause of elevated nutrients in the Lake Coordinated efforts to identify data gaps and perform sample collection and testing to fill any identified gaps in existing data Reach out to Property Owners and Biosolids Operators Property Owners voluntarily agree to cease application of Class B Biosolids while investigations into decreasing water quality in BCL are investigated Craft a temporary Biosolids Land Application moratorium 180 day Moratorium on Land Application of Class B Biosolids unanimously agreed to by BCC. Resolution 2018-084 entered into September 18, 2018 12/14/2018 FDEP creates the Biosolids Technical Advisory Committee. First meeting September 5, 2018 FDEP creates the Biosolids Technical Advisory Committee. First meeting September 5, 2018 3 more TAC meetings held. November 6, 2018 November 28, 2018 November 29, 2018 3 IRC contracts with Jones Edmunds & Associates for BCL water quality study JEA compiles data and communicates with regulatory agencies JEA issues Technical Memorandums 1 through 4 on their review of BCL water quality HOW DID WE GET HERE June 19, 2018 Blue Cypress Lake (BCL) concerns discussed at BCC meeting. Actions required: Work with Regulatory Agencies to identify cause of elevated nutrients in the Lake Coordinated efforts to identify data gaps and perform sample collection and testing to fill any identified gaps in existing data Surface Water, Groundwater and Storm Water sampling underway with data being reviewed Reach out to Property Owners and Biosolids Operators Property Owners voluntarily agree to cease application of Class B Biosolids while investigations into decreasing water quality in BCL are investigated Regulatory agencies granted access to land application sites to collect additional data Craft a temporary Biosolids Land Application moratorium 180 day Moratorium on Land Application of Class B Biosolids unanimously agreed to by BCC. Resolution 2018-084 entered into September 18, 2018 Existing Moratorium set to expire on January 14, 2019 12/14/2018 FDEP creates the Biosolids Technical Advisory Committee. First meeting September 5, 2018 3 more TAC meetings held. November 6, 2018 November 28, 2018 November 29, 2018 TAC prepares response to Charge Questions and furnishes to FDEP 19&.6-4 12/14/2018 OF/IFAS determinations show that allowable amounts of Biosolids applied may lead to excessive amounts of Phosphorus being added. 2165,[ aiics - _— Phosphorus Loadings 5,277.4 :diytom -�• _--- e. :o act - :a'. A• a-' 30 - `Tool V.nt1tY of ldat Dlro:plwi _(iD�a�pfrod .: 293.35b9 lys —J PBalance io I icit P D fe Fertlbzer Wbel IFAS fertlhzatlon recommendation - a t "------ a i - - ; �: P Surplus N . P205 Ki0 for gia2ed beef cattle 11-17 Ib P/ac/Year io • i ♦ . 1� • • I t. 1 '.2-: It II -nde a rash low 40 • • 1 • i ,4 2017 US1R[i Calculated'AppllwUon •ao jjj { ; f N P K A— 0 436 i 66 Rate i06 Ib P/ac%year �o =??6s w , e�saess"p m.d = 50 • • ! O �, • B.... s • i N P K ao : Applying 5 10 times the io to so M 2 f I-3 crop,�TP need W of toat phosphorus applied per acre per year (2013-2017) � _ ro._;.wM 'IIFm S Extension. U RPa:. Understanding Soil Phosphorus Storage Capacity' Florida Department of Environmental Protection ' Draimdst'62rRaapste tlsapeme:a Siosollds Application Site Annual Summary Pert I • Apptlr.tl.. Site Iderm.+len SITE NAM[ PRESSLEY RANCH SITE ID . - F� LAS01097 MAILING MDRESS 4505 Blue Cypress Laka Roed n aaiMil rG PLAIDD In- t t aCJi; 2017 >. Vero Bach FL 32966 SIT F. pi:RA1HEF.: H 6 H LS.D INC jar' DONNIE YATFS . SfTC'M+sNaGCli:a -: GARY PRESSLEY - .dmalau�sauprored lml nd apulicinfan 1,0501 acres iiuliitres ]pl lmd dV(InRlrvp%ta?R q¢rgd 2165,[ aiics - _— _Tofal Raa OtyMliiowl dv ]pplicA duriA6 repottlAg peNod,. 5,277.4 :diytom -�• _--- '�ToulljuanArydtatal N,N .n i7NiaP and — 740,103.1 ILs. `Tool V.nt1tY of ldat Dlro:plwi _(iD�a�pfrod .: 293.35b9 lys —J 2017 Application of Class B Biosolids was substantial in the Blue Cypress Lake Watershed, but well below permitted levels. Under the existing allowable application rules, it is possible that this site could have applied considerable more material, thus increasing the possibility of increasing phosphorus loadings into the Blue Cypress Lake watershed, and ultimately, the Blue Cypress Lake. It is estimated that an additional .4,066 tons of Biosolids could have been applied, which could have j increased the phosphorus loadings up by an additional 226,140 Ibs. f9ws--$ 5 12/14/2018 Regulatory Agency Action Items in Conjunction with Indian River County BCC Directives 07/12/2018 Letter oRmr ar:r,"E NG. mfo _ •••••• Florida Department of a issued from FDEP to halt Environmental Protection E w 1L oa,Yna land application of pp AN OROINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF SIXTm 11. Olt ""MI'm3,0;ol 07P1@nO, INDIAN COUNTY, FLORIDA A TEMPORARY 91.1% PAeS at:l Bead;0. )Nati W,ahYa'.t.Y Biosolids in the vicinity MORATORIUM FOR DAYS, A COMPREHENSIVE. MORATORIUM OR A - Shc,m,,pypa :.rmtxy of Blue Cypress Lake PA HE COON REVIEW OF THE IMPACT NI THE COUNTY'S ECOSYSTEM IS THIN UNINCORPORATED AREAS OF INDIAN ' while FDEP, in - IBIE RIVER COUNTY PROHIBITING NANO APPLICATION ACTIVITIES OF RIVERCOMPLETED.COUNTY CLASS R BIOSOLIDS; PROVIDING FOR STUDY AND POSSIBLE ,dTtg mia coordination with .REGULATION OF CLASS D MOSOLR)S APPLICATION ACTIVITIES: PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; Mr, Fit.O,NUCt,Aeaipcf SJRWMD, determine the AND PROVIDING FOR CODIFICATION, SEVERABILITY. REPEAL OF H&H Uq-hdS].,* O:tp.W. E.,CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. ?'0' A. 390 scope and details of WHEREAS. as v nftia in Article VIII, SOcaon I of Lhe F1.19, Cw Vhition and how to best assess the ch.90 I Flanaa St"A.I. 1-10es nave DIM hone W* Posen to -nut P-.P-dq Ratth&-lub App riw. Si. ore"Ata. not in60m!s nt q9h gena SMlal taw.!x Eta Purlmse of vaXemv re VS TriliryiUa TTAYAlt9g - Blue Cypress Lake "k heath. sailety and-11—of ine rssMan;S of the mumY:ana - mdimft'aCotaey. Der Nr. Nat. watershed. � C WHEREAS. ft Indian RIM C--4 Roam.1 Courcy CommiSfdonMs toter) specCxaEY oetemlNes 0Ut Ne etwc5lten of INS ardirance fi necessary h protect foe ., heats, safety ani welfare x Ine resbents of Inalan RhMr CamC; aM oar "My .0 n e,ci:>a Fr im's ..A the O"_ a 'me b pA, / D a'Uge D!r �qn• Tab. Ae ••'�4 -tdin w m+y be asarc, •'e rr rnrmflF ccoduettea • I ma.VN rr_m.w ro e.4, m hetn m+,.xma al pxnmtl ®ka.arrce+;n me oa,era 'S:, a, *,' WHEREAS, W pigyo"/9i ats' sni.LJile, a tr mat4xlals V. thIP rmm me treatment a+ eamnm sewaPs a3w38 eom xw3Ae treaanem tx15aes va: a_M ikev Possible cauxatiea bemimtlne]' IeL•rt W2. .}J�.; ." ["ta algae sUtm011 ng netAems SNfh tS Mestenows and nittogm: and Pa rayaeon'uen aiOMr.R!•l:eNa]:f, d+•Deyrmraw,MAan, qat HAN liga6 AMC -: !{jt. WHEREAS, 'ga,s annN n Ullen hate Dern tent, em FA a, Pna;ir Loge Pds a ttaO Rod Di'pmaL 7e.xmmtLedapgyaybiasolid+TIF-oylkexhe a,ftt oee.v!tnron H••�sT - -.-- u;,lc«.4t°"�.+'<+,;.• los bEnadno�ng eswades aro watersheds, as ona"TIer s ana elaece, p(amet-algal aotrgjiEta.ioeoflieaclNs fm psuar titakro a imPmmmbhlpisq 6r Depameem P ,1— : aloorm. fu81 g'w.4h 01 naAaUs vOgetitlan, and roque the urdCue natural Kos)ffiem �thxa�A•ss>mMdlib O,Pren la5a,ad we •Pfseeia!e aom maynwiaa.nweBneM : wtth one wtk is Unde•haMl to Humans a'M Hair:•-adS.Ce; and <s�eotawolC:e am othese.eyPauD. G WHEREAS, Lie Roan! finds that :ne proper regutYtkst ad the dM aPp&at!on of T'e seia•re. , Itsm" sT9�w•+�n+�• aaead.eegeepmotnrote +belmm do Allah `t aria B "f_k1, is --y and APP'aeriate m gswe the Mur- use, drx!apinem. a� P'•oI.. o! The h+ld ell ruYml resouces In the u7 Morpan;eo areas of e•IdLTn 1Dd �"s IRC county -wide Furey camry andwaNm area; Ottan aamaq- areas peteat4iy a7aciing comervatron d,I.,iwT.r`C1d°10d 4= 0, da ad Ws ia+pe.tba u av mrd do ®r mil ass urared aaddxw tyros nideace olps A; .1 and Ns intim RKW Lagoon: and .. &ti. •,a ,ptipun otMnotia c� tiaa•rMha"�W�°�> Frr° " moratorium on land DeL a uT Lioxiids m +PpBM, n a'a mn P>u eo5ry de 7>epmmret w Wr •ae as -awe application of Biosolids, WNF.RF.AS, ine Nod aPPNalixl activiti95 q C43;; S inai�l4i 5s eudensy Doing ceadm',MenproAMYNlndianRim Oesnal.Nanalrmarwalerbodles5ucnasBlue Cyn ess Lasc IT= 8'e gywette,e-a'v:z.ne,eit a..iseau'm.Ivemriry Tk:w'a w.w guafiey. S!<xsA 7w 1a'x 56;,4,,, effective July 17, 2018. WHEREAS, Bare ty"n Lai!s, the fest laic ahoy Ne aL JOMs Rt-, H Expires January 14, clesSCied Ly Ue Fixidn Dit"AmeAt M En tomrairs t Pro•Y.DOn a1 a pass i su!fa:s atermdaoesgnaMuuixPatadew'.e .N*. 2019 0 12/14/2018 I q �.6 - � 7 12/14/2018 Overview'of Water Quality Study Results onesEdii unds` , Jarack�En ontt nta,lnc • Summer 2018 marked by a significant blue- green algae bloom in Blue Cypress Lake • Specifically Mycrosystis bloom capable of producing a harmful toxin • Led to the need explore cause of these conditions SJRWMD Research • Has been studying the potential impacts to waters in the Upper St Johns River basin due to biosolids applications. • An ever-increasing trend in total phosphorus has been observed, especially in Blue Cypress Lake M . 0. • - 1 1 Blue Cypress Lake Nutrient Trends Biosolids Application in Blue Cypress Lake Watershed • Biosolids70000 Annual Biosolid 7P Application 0 applications 600000:_ began in 2006 500000' • Increased 400000.. __...... significantly in 2013 300000 200000;. �O ry0 ,ti0 ry0 ,LO ry0 �O ,10 12/14/2018 2 Phosphorus Loading Sources • Direct runoff • Groundwater • Direct Discharges • Internal loading Phosphorus Budget for Blue Cypress Lake • Prior to 2013, more phosphorus was entering the lake then leaving • In every year since 2013 however, more phosphorus leaving the lake then the inputs • Conclusion: There is likely a source of phosphorus unaccounted for in this budget BCL Mass In - Mass Out 12/14/2018 % -3 K Phosphorus Budget for Blue Cypress Lake: Conclusions • Existing data do not support a hypothetical PCI internal loading source 20 ip Balance °wk p D+ • Phosphorus delivery to ° �w the lake may be ' • i' a p Su predominantly via Z° • i • ' , groundwater '° AO ® • .50This would ' • • tlikely°40 ........... ..�........;�_.................. f the capacity of the soil ��ea, (2043-2017) to .: to hold phosphorus is exceeded � Ongoing SJRWMD Sampling ■ Continue ambient monitoring ■ Contracted with OF/IFAS for soils and tissue samples on Pressley Ranch ■ Collecting storm event samples ■ Planning to collect pore water samples on Pressley Ranch ■ Integrated tracer collectors 12/14/2018 4 fq�.O. -q Biosolids Site Permit Observations ■ Recent Compliance Inspection Evaluation Reports (CIER) by FDEP note "In -Compliance" ■ Soils testing shows the application fields have increased Phosphorus concentrations when compared to initial testing 5 years ago indicating Phosphorus is being stored on the fields. This data confirms compliance with the FDEP's rules and regulations. (per 7/6/18 CEIR for Pressley) ■ Surface water and groundwater quality monitoring are not required by the permits. ■ Monitoring and reporting meet Permit requirements, but do not protect water quality in BCL. 12/14/2018 NO -5 5 . Ia. G . 3 12/14/2018 1 Phosphorus Trends • 11 of 36 WQ sites exhibit increasing TP trends - Blue Cypress Lake: Increasing chlorophyll a • Increased incidence of Microcystis in Class 1 waters • Downstream TMDL targets - 31 segments impaired or "4d" 12/14/2018 2 jj�,D - 0, Major Western Watersheds of the USJ — Land Use e i r i �✓r�'y'Wn •'�! wif t ' kl-� na Land cover In Uppor basin. 1994 • 2009 twC�>, G«t ''m MmCmL by PiwnGwA *'bAw G«k 10 Y. ��111111111111 1 1' H - Z S g � aww�a.a.aa�� ��r•aaar ����_ � �� K ■O!■ mono loom Biosolids Applications & Water Quality Status 1.5 Stable 9.1 Stable 19.9 Incre@sing_ 25.8 Decreasing 32.6 Stable 36.5 Stable 47.5Increasing 60.8 Stable 66.7 Increasing 83.5 Inc_reasing 15.4 Incregsing 27.3Increasing 12/14/2018 3 N ..Dw 3 Tributaries Fort Drum 44011 14(1999-2017) 59383 Padgett Branch 14990 5(2013-17) 121095 ''•,..'� Sizmile 13529 4(2014-17) 239866 nr: Blue Cypress 63588 11 (2006.17) 1465697 u Crabgrasss 19779 9(2007-17) 576024 South Wolf 5156 5,(2013-17) 167979 l ; North Wolf 16697 11 (2007-17) 707638 c- Pennywash 12434 8(2007-17) 675129 lane Green 154534 20 (1998-2017) 9201551 :w.✓M:n Ten Mile 16175 9(2007-17) 1855277 t. t�, Lakes Blue Cypress 195900 16 (1999.2017) 2686896 Taylor Cr. Res. 42842 7(2007-16) 1043797 1.5 Stable 9.1 Stable 19.9 Incre@sing_ 25.8 Decreasing 32.6 Stable 36.5 Stable 47.5Increasing 60.8 Stable 66.7 Increasing 83.5 Inc_reasing 15.4 Incregsing 27.3Increasing 12/14/2018 3 N ..Dw 3 Database Development Pert 111. Nutrient Management • Appikation Zone Summary Information about Complete a seperate sheet for each epPi OUM Zone, end use edditlenel sheets for each tone application zone pokation Zone 101 0 pplkation ZoneAaes 67AS Fio cops Grmm relfe Yes ❑ No tre.a•n.rH^•++4 R•nenhj, a:Ar haq<rop rk!ammh Zm•w•n omneem+wkptee rtr.P. T.� 0 NoTeaPP•tatienW am rVKrielnU::kbm en tMitearnrtwe_<emiY.r!r, wiU LEe NMPaMttietPtd r✓A(ynt >bwla eiewndY NVHiMt leaekY!Me+n•tipe f0t LHtt tM•. tM th• PrpxtMr Perimle (hO:n:a• HIAPj E•tk fm •pp4tatbn Zona rcuvsa:a Ma"e�T�' Mannan aWwea IAYbnPa •trwra a•ssrtwn•� MT euegr.IaMP OM) AAeweO PUm IZGa!een iN tmm erw;a! hOn trocoretlas/Htt5 afire•. r::^.+ep.+. Pb:eae. I�e+/•aP) 1�!••rrl RnHisrem ewsofnn 2rcJ•n) Generator information o]owh--N/A N/A 3s..2 NfA &I Byrom o: v:mt m•tatx c7os Iron rrc lrar.+ a"»tNias NRrottn R}H) t*sswd erwi6+r we m troc+ertoAas MV ..) OW -1 (imtacre) From Biosolicis Application Site Annual Summary, 2016 3. Residuals puraddl;tics lappa: af!mmm4araary!): Pmaatrd.' • :�IAds'�.' ��. wPIlrci,tomtato ....87 iMJ ..'S:.r4.,0 �55.,J "� 43M- 340 t.30 .�..N.,e.> -:.. StO':v t3.0 0.280.85 fp� 282 '"�..._/5:: 7.80 124cwl M " ::'8i,k) . '..': :1:7�0.'� 320 •uwd,rre•Gy.,q•ra;wpbatr•'4o!•PSM. u:mrnwPuMa,H.rea�asnrveHuimrocoaantaoae!sprsan'.sHsmmawEn Pore ACceftwaCq W •e.'Y53 WeaotC�•n.• A7A • Pe at3e(!eM 4. Pa Fogs refium aass Ro dM OA pa M* 67690wnn. FAC) 12/14/2018 4 2017 USJRB Generators • Class B biosolids produced at 42 generating facilities were land applied in the USJRB in 2017 • Three facilities land applied > 5000 dry tons of biosolids in the USJRB in 2017 • Most utilities contract with haulers that land apply biosolids eb.aa. noplkn+�Ac upp.. sr. ObsNiOa AP.�.OM1'Toni C3 :0.90. I'M _ 4y _ tlA3J-159W vase: v.,arms army anus, W":. Cti9nytmue;nhrmx - 2017 Sources of Biosolids Applied in the Upper St. Johns River Basin 12/14/2018 �i Biosolds Application Sites as of July 2018 VI. •. Basin Number of Sites O. Lower St. Johns 39 ' 6 1 Upper Ocklawaha 36 2 1 Upper St. Johns 30 ! 17 14 Middle St. Johns 21 1 1 Indian River Lagoon 16 2 1 Northern Coastal 12 2 2 Florida Ridge 7 0 0 St. Marys 7 3 3 FNassau River T 6 0 0 Lake George 4 0 0 Cumulative Biosolids Applications within SJRWMD Basin (tons) ( Upper St Johns 30 183 13,219 1998-2017 Lower St. Johns 3,339 1,658 1993-2017 Florida Ridge 3,215 2,945 1995-2016 Upper Ocklawaha 2,316 1,006 1992-2017 Middle St. Johns 2,011 958 1993-2017 Indian River Lagoon 1,638 818 2000-2017 St. Marys River 253 174 ; 1999-2017 Northern Coastal 234 58 1993-2017 Lake George 3 �1 2002-2011 12/14/2018 M6 -D-( -Spatial Layer Coverage ow,a+e.eow .� .w+sa»ea..aw� _ �r kms• j " 4`i A 4 i . `� ,� o!'ti^HO#GMI.tNwSon Yl1 tr, V yam► RR x _ • Development of point and polygon ArcGIS shapefiles for geospatial analyses using site maps 12/14/2018 7 l q . D ,- 1 Spatial Layer Coverage Historical and active permitted biosolids application areas in the Upper St. Johns make up —12% of the entire Upper St. Johns area EUpper St. Johns 136,155 12% Lower St. Johns 12,623 1% LMiddle St. Johns 12,088 2% Source of Nutrients - Phosphorus Fertilizer Label N — P205 — K2O 4-1-2 N—P—K 4-0.436-1.66 Biosolids N—P- K 4-2—? Mackowiak, et al. 2012 WAS fertilization recommendation for grazed beef cattle: 11-17 lb P/ac/year If soil and or tissue tests are low 2017 USJRB Calculated Application Rate:.106 lb P/ac/year . 20,165 ac spread/58,859 permitted Applying 5-10 times the crop TP need 12/14/2018 8 J Source of Nutrients - Phosphorus Fertilizer Label N — P205 — K2O 4-1-2 N—P—K 4-0.436-1.66 Biosolids N—P- K 4-2—? Mackowiak, et al. 2012 WAS fertilization recommendation for grazed beef cattle: 11-17 lb P/ac/year If soil and or tissue tests are low 2017 USJRB Calculated Application Rate:.106 lb P/ac/year . 20,165 ac spread/58,859 permitted Applying 5-10 times the crop TP need 12/14/2018 8 Biosolids Soil Phosphorus 2012 2017 Biosolids Soil Phosphorus 2012 2017 12/14/2018 M6I'D-9 Biosolids Soil Phosphorus 2012 2012 2017 Biosolids Soil Phosphorus 2017 12/14/2018 10 4 x Biosolids Soil Phosphorus 2012 2017 12/14/2018 Biosolids Applications in USJ Western Basins Crabgrass Cr. Red circles identify events C ti collected during upper Y Eoa 1/31" of annual discharge to c O IS 0.2 ca _.. oil _........ 1996 2001 2006 2011 2016 0,6 0 1996 2001 2006 2011 2016 15 �p L 0\0 Y 20 w v s ° 0 •m 0 Biosolids Applications in USJ Western Basins 1A Tenmile Cr. 20 Red circles identify events is m collected during upper ba E °B 1/31d of annual discharge 10 Q 0.6 - Q) t 9 ppp is N 0 e 1 S 0.1Go AIW&M-6 —0..SL•w .....i.0 1996 2001 2006 2011 2016 -- ............... _._... __............ ....................... ... .................................................. -........... .-............................ ................................ ............................ Note: Axes increased 12/14/2018 12 Iq6 •p't), Biosolids Applications in USJ Western Basins Ambient WQ Data - High -Flow Total Phosphorus Relationship to Biosolids P Flow Category Volume 1F 8 Low Med- High 0-33% 33-67% > 67% • Biosolids P x TP correlation increases with increasing flow • Highest 1/3rd of flow occurrence accounts for majority of water volume 12/14/2018 ` 13 f q(P .b_13 Upper SJR Biosolids x TP - Baseline (Soseline = 3 -Yr TP Meon < lane Green before binsolids) : N. Wolf a a Ten Mile O S E• Blue Cypress 3 Sixmile a Fort Drum • Pennywash c ooCrabgrass o 10 70 30 40 so 60 • So, wolf Cumulative Biosolids Applied, kg/ha 12/14/2018 ` 13 f q(P .b_13 Ambient WQ Data Patterns Total Nitrogen and Color • As areal rate increases: - TN concentration unchanged or decreasing - Most significant for organic N; NOX not significant - For Jane Green Cr., water color (CDOM) decreasing - Effect of watershed additions of labile OC? - No trace metal trends Intensified Water Quality Sampling Jane Green Creek Jane Green Synoptic Sampling 1 - 5 Events - 12/17 - 7/18 ( i 00 i • ` E 0.1 �• . Y�0•Q01Ax*OAafib , • • P, .0.45356 0.01. 0 so 100 iso zoo 250 Cumulative Watershed elosolids P, kg/ha Ten Mile Creek - Total Nitrogen I ,a Jane Green Creek - Total Nitrogen Jane Green Creek - Calor gg � M—W —0 Iron Year • r � _ i f�. $i 2Jan ea Creek i W 12/14/2018 I Q� 14 D Iq Other Paired Watershed Assessments Crescent Lake Other Paired Watersheds BOD, Organic Carbon and Nitrogen . Biochemical Oxygen Phosphorus Ji .z... Demand ........ ......................... m E E n=7 E O A 0.5 � is Edor.•PCS4.P c a 0.5 a t io e e ro"4 2 c ......... __---- u Biosolids Background tg ' 0 Biosolids Background Other Paired Watersheds BOD, Organic Carbon and Nitrogen . Biochemical Oxygen Pho9pRorus J Demand oa £ Crescent £ , II N-. PO4.11 E O A 0.5 � M PO4 � c a a t io e e ro"4 2 c ......... __---- Biosolids Background Other Paired Watersheds BOD, Organic Carbon and Nitrogen . Biochemical Oxygen - - -- _. Nitrogen 4' Demand J 1 Crescent £ , E Lake a t io e e ro"4 2 c � n d XX 1 S r�:�taa O u Biosolids Background I Biosolids Background Umatilla Biochemical Oxygen a, .......................Demand... 3 H `-f i 0 Ni Biosolids Background', Total Organic Carbon b 30..... _... _ sa � 40 v , u ter,; 20 0 Lk Bksollds Backgrounc J � E c 0 40 C 20 V 0 Organic Carbon Biosolids Background 12/14/2018 15 (q(r",D -(5 Nitrogen J t u r3zr,^-3C3 Biosolids Background Total Organic Carbon b 30..... _... _ sa � 40 v , u ter,; 20 0 Lk Bksollds Backgrounc J � E c 0 40 C 20 V 0 Organic Carbon Biosolids Background 12/14/2018 15 (q(r",D -(5 Padgett Branch Mouth PO4 Provisional data Pressley Ranch Soil P Results Sampling of 23 Fields 11/6/18 Pounds of TP applied in biosolids per acre annually for the period of record (2013-2018) plotted versus the P Capacity Index of the top 6 inches of the soil profile. The period of record includes years that the field did not have any biosolids applied. The lower the value the greater the potential of offsite P export. Values above zero indicate additional capacity of the soil to retain P. 12/14/2018 16 910" 11 10 b' r Tracers Analyses • Sucralose 6/26/17 — None detected • Synoptic Event 7/24/18: T.P 0.14 0.29 j 0.27 0.95 ,1,4 -Dioxane 0.020 U 0.020 U 0.020 U Primidone 0.0040 U i 0.0040 U', 0.0040 U 0.0040 U Acetaminophen 0.0080 U 0.0080 U 0.0080 U 0.0080 U Carbamazepine 4.0E-04 —UF -4.0—E-04 U--"- 4.0E-04 U � 4.0E-04 U I Hydrocodone 8.0E-04 U 8.0E-04 U 8.0E-04 U 8.0E-04 U Naproxen 0.0080 U 0.0080 U 0.80 U 00 0.0080 U ? Ibuprofen 0.020 U 0.020 U 0.020 U 0.020 U Lines of Evidence Between Biosolids and Increased TP Concentrations • Temporal congruence of biosolids applications and changes in ambient TP — No evidence of land use driven changes • No other known sources of P loading • Strong relationship between cumulative biosolids application and TP concentrations • TP and TOC concentrations become decoupled • Paired watershed changes in water quality, especially TP • N:P responses in ambient WQ and biosolids N:P 12/14/2018 IN Upper SJR Basin Implications of Increased TP • Upper Basin is Class I waters, currently used as a potable water source — Additional future withdrawals planned Potential for algal blooms, especially toxin producing taxa, such as Microcystis • Downstream TMDL/BMAPs anticipate TP load reductions from Upper Basin • Impacts to Upper Basin water quality impact habitat conditions, recreation and aesthetics to a $250M USACOE and District restoration project Constituent Acetaminophen Norfloxacin BisphenolA Azithromycin Norgestimate Furosemide . USEPA 1694 plus Extended Caffeine Ofloxacin Gemfibrozil List of Analytes LC-MS/MS In Carbadox Onnetoprim Glipizide Water and by POCIS Carbamazepine Oxacillin Glyburide Hydrochlorolhia • List 1. —Acid Extraction in Cefotaxime Oxolinicacid zide 2 -hydroxy- Positive Ionization Ciprofloxacin Penicillin G' ibuprofen • List 3. —Acid Extraction in Clarithromycin Penicillin V Ibuprofen Negative Ionization ClinaOoxacin Roxithromycin Naproxen Cloxacillin' Sarafloxacin Thdocarban Dehydronifedipine Sulfachloropyddazine Tdclosan Digoxigenin Sulfadiazine Warfarin Digoxin Sulfadimethoxine Diltiazem Sulfamerazine 1,7-Dimethylxanthine Sulfamethazine Diphenhydramine Sulfamethizole Enrofloxacin Sulfamethoxazole Erythromycin -H20 Sulfanilamide - Flumequine Sulfathiazole Fluoxetine Thiabendazole Lincomycin Trimethoprim Lomefloxacin Tylosin 12/14/2018 19 196-b— 6 ( I 12/14/2018 a=. t u i -�t Y+ . � - +�� y�.� - � • o - IID r: A w .. ¢ v Pressley Ranch Blosolids Application 2A4�) ......_..... ......................................... ._.......................... ...... ..,.I-_.__. g,h'p SSM N 4)W G F t � auc 2,aw5Q LOW c M .cna 2015 2076 '1017 12/14/2018 4 lqf ,E-- 4 12/14/2018 196 .E- 5 12/14/2018 Iq4o.c-1 Compound Half-lives and Aquatic Life Toxicology Values Compound Predicted No Effect Half-life Water Concentrations (PNEC) LCs, Insect LCs, Crustacean Reference ucralose > year 930 µg/L NA NA Tollefsen et al. 20121 cetaminophen weeks 9.2 µg/L NA NA Kim et al. 2007, Table 3; Carbamazepine 1weeks P1.6 pg/L NA NA Kim et al. 2007, Table 3= Primidone eeks NA NA NA NA Imidacioprid eeks 1/101h LCs, 65 - 44 pg/L 7.1- 361 Ng/L oulson 2013, Table $19 US EPA Pesticide Registration Program Benchmarks° Compound Half-life Benchmark -Fish Water (Acute) Benchmark -Fish (Chronic) Benchmark -Invert Benchmark -Invert (Acute) (Chronic) Imidacloprid weeks >41,500 pg/L 1200 µg/L 35 pg/L 1.05 Ng/L I"ItA KC. rattttip t, lrutyptt D0. mu.htllYe I.—1 kli m.1 tN!Mans4 f akterM f WkblP mthd spt4tk QrtMrd!M1Mnt. SflSrhV W 1h0�Oroi FmbCm:Mt [lL: st0.514. K Y,n+WkA"1, Pbt5.!!en P.({, Palk I. 2W1,AV2%kfw "Y6!- Pmwxnant imerNliPnai !b 97Q! )!. C/ Iwn o.mu.Ar�wemevaltN en ton.rentsl rnls PNM by ncYMWi+ mWiIK ft -W n! ApPW rmbgyso-. n]-srr. V.3.I PAW. of P.*Wl, Prayrani [purA E6 bOXt—kr amwJM}+x ey-l.lalf�PscicWo-stermo-eml aun,lr�pptksea.hz�+swlnca3abaKim.nayrcsllcidare-yxtrnionl 12/14/2018 !q (0.1E . 12/14/2018 3A0 2.`A Microcystin found in Blue Cypress lake Fish 0.50 om A—wed Rhn;ll 0..".1 QOM Ltgemwth Rc,-.W—t -". kiM nape Wannrntth Otfia, eatRsh Rant Pmh 12/14/2018 Dylan Reingold, County Attorney William K. DeBYaal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Of, Of INDIAN MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 29, 2018 14,12 1,. County Attorneys Matters - B. C.C. 12.11.18 RIVER COUNTY SUBJECT: Brightline Construction and Maintenance Cost Litigation BACKGROUND. ATTORNEY On November 20, 2018, the Indian River County Board of County Commissioners ("Board") voted to allocate an additional $1 million to addressing and preventing Brightline from traveling through Indian River County. As the Board is aware, on November 21, 2018, Judge Cooper held an oral argument on the pending summary judgement motions in the federal litigation relating to Brightline. Judge Cooper indicated that an order will be rendered before December 31, 2018. Since November 20, 2018, the County Attorney reached out to Murphy & Walker, P.L. concerning the issue of the costs that Brightline expects Indian River County (the "County") to bear relating to its higher speed passenger rail project. The Final Environmental Impact Statement for the Brightline project, dated August 2015, states that "AAF will pay the cost of the recommended grade crossing safety improvements related to the introduction of passenger rail service, in conjunction with county and municipal execution of amendments to existing crossing license agreements." As the Board is aware, Indian River County has crossing agreements with Florida East Coast Railway Company ("FECR") for the highway railroad crossings in the unincorporated areas of Indian River County. In 2013, Indian River County was requested to execute amendments to these agreement, which would make Brightline "an intended third - parry beneficiary of the Crossing Agreement, with the right to enforce the terms and conditions thereof." The Board has not authorized the execution of such amendments. Mr. Walker has already discussed with me the initial research he has performed concerning the legal theories relating to the ability of FECR to pass along the costs of Brightline onto the County. Mr. Walker believes that in the absence of amendments to the crossing agreements, neither AAF/Brightline nor FECR is entitled to seek County reimbursement of capital expenditures or maintenance costs incurred as a result of AAFBrightline's higher speed passenger rail service. First, AAF/Brightline is an entirely separate entity from FECR, is not a party to the crossing agreements and has no ownership interest in the FECR right of way. Second, the County has not agreed to reimburse AAFBrightline's expenses, but only those of FECR. Third, even if these were FECR expenses, any reading of the crossing agreements to require such reimbursement would be inconsistent with the reasonable commercial expectations of the County at the F.9Anomey Und IGENEBALIB C C1Agend MemosWN phy 1F.1k-R—i—Ag —1.doe 197 Board of County Commissioners November 29, 2019 Page 2 time it entered into them with FECR, which discontinued passenger rail service altogether in 1968. Mr. Walker believes that for these reasons the appropriate step would be to file a complaint for declaratory relief asking the court to declare that the crossing agreements do not require the County to reimburse capital expenditures or maintenance costs incurred as a result of AAFBrightline's higher speed passenger rail service. In connection with this potential lawsuit Murphy & Walker, P.L. has provided the attached retainer agreement. Under the retainer agreement, the firm will bill for Casey Walker's time at the rate of $290.00 per hour. The rate for associate attorneys will not exceed $200.00 per hour. And the rate for law clerks and paralegals will not exceed $125.00 per hour. FUNDING. Funds for this expenditure are available as a result of the November 20, 2018 additional $1 million funding allocation in the General Fund/County Attorney/Legal Services/All Aboard Florida, Account # 00110214-033110-15023. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners vote to authorize the County Attorney to execute the retainer agreement and authorize the County Attorney's Office to file a complaint for declaratory judgement and other relief concerning the ability of FECR to pass along costs of Brightline onto Indian River County. ATTACHMENT(S). Retainer Agreement C:IOnrslcnrooreUppDntnlLr_nMOcror �IfVfndoeall'rn�eary lntrmer F-,Ie5ICnmem.Ouli-*bG74YiIJ8LNfuphv IVWkerReW—Agrce 1(001).dx MURPHY & WALKER, P.L. TERMS OF ENGAGEMENT AGREEMENT This statement sets forth the standard terms of our engagement as your lawyers. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we ask that you review this Agreement carefully and contact us promptly if you have any questions. We suggest that you retain this Agreement in your file. As used in this Agreement, "you" means all client signatories to this agreement, jointly and severally. The Scope of Our Work You should have a clear understanding of the legal services we will provide. Any questions that you have should be communicated to us promptly. You have retained us to represent you in connection with matters pertaining to Florida East Coast Railway and All Aboard Florida. We will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. Your Responsibilities Your cooperation in this matter is very important. You agree to keep us informed of all relevant facts and circumstances and respond promptly to all communications to you. You agree to provide us with secure contact information consisting of street addresses, telephone numbers, and e-mail addresses, and to keep us advised of changes to any such contact information. You agree to cooperate in the preparation and litigation of the case, to appear on reasonable notice for negotiations, mediations, depositions, and court appearances, and to comply with all reasonable requests made of you in connection with preparation and presentation of the case. It is the client's right to receive copies of all important papers prepared on the client's behalf or received from the court or the other side. You agree to maintain these copies in good order and to contact us to explain any papers you do not understand. You agree to preserve and maintain all paper documents and electronically stored information relating to your claims and all facts and circumstances surrounding them. You understand that the loss, destruction or deletion of any such documents or electronically stored information may result in court sanctions including but not limited to striking of pleadings, dismissal of claims and/or monetary sanctions. You understand that electronically stored information is a broad concept under Florida law, and includes information stored not just on computers, but on any electronic medium such as web - based servers, personal data assistants, smart phones, cell phones and mp3 players. You agree to preserve and maintain all such electronic devices and media to prevent deletion or loss of data relating to your case. Page 1 of 3 199 MURPHY & WALKER, P.L. Who Will Provide the Legal Services Each client of the firm is served by a principal attorney contact. Your principal attorney contact is Casey Walker. Subject to the supervisory role of the principal attorney, your work or parts of it may be performed by Brooke Odom. Such delegation may be for the purpose of involving lawyers or legal assistants with special expertise in a given area or for the purpose of providing services on the most efficient, cost effective and timely basis. Casey Walker's paralegal is Ann Volkman: Whenever practicable, we will advise you of the names of the attorneys and legal assistants who work on your matters should it be subject to any change. Fees and Costs The firm will bill for Casey Walker's time at the rate of $290.00 per hour. We will also utilize associate attorneys from time to time, and will bill for their time at rates not to exceed $200.00 per hour. We will also utilize law clerks and paralegals from time to time, and will bill for their time at rates not to exceed $125.00 per hour. It is understood that the hourly time charges include, but areJnot limited to: court appearances, telephone conferences, office conferences, legal research, depositions, review of file materials and documents sent and received; preparation for trials, hearings, depositions and conferences; drafting of pleadings, instruments, office memoranda and correspondence, and travel time. We record our time in units of tenths (.1) of an hour, or six (6) - minute intervals. Additionally, you will be responsible for all costs incurred on your behalf. These typically include charges made by outside experts and consultants, including accountants, appraisers, and other legal counsel (unless arrangements for direct billing have been made); and charges for automated document production (word processing). We incur outside costs as agents for our clients and incur internal expenses on behalf of our clients, who agree that these costs will always be paid on a regular basis. The firm will bill you on a monthly basis and payment is due upon receipt of our statement. Please make your checks payable to Murphy & Walker, P.L. If our fees are not paid timely, we will terminate our services and withdraw from any proceeding or case then pending. Additionally, should it become necessary, you will be responsible for any costs and attorneys' fees incurred by this firm in collecting any unpaid and outstanding balances owed. We shall have a lien on all of your documents, property, or money in our possession for the payment of all sums due us from you under the terms of this Agreement and/or a charging lien, as appropriate. Retainer The firm does not require a retainer at this time. Commencement of Representation Please review this Agreement carefully and contact us with any questions or concerns you may have. If there are no questions or concerns, please return an executed copy of this Agreement at your earliest convenience. We are certain you understand that this firm will not be able to take Page 2 of 3 200 MURPHY & WALKER, P.L. any steps to protect your interests in this or any other matter until it is in receipt of a copy of this Agreement signed by you. Once we are in receipt of the signed Agreement from you, we will sign and return a copy of it for your records. We appreciate your interest in our Firm and look forward to a productive and successful attorney- client relationship with you. INDIAN RIVER COUNTY in DYLAN REINGOLD County Attorney Address: 1801 27th Street Vero Beach, FL 32960 Email: dreingoldQircgov.com Phone no: 772-226-1427 Dated: December , 2018 ACCEPTANCE Murphy & Walker, P.L. accepts employment on the terms stated herein. Dated this _ day of December, 2018. MURPHY & WALKER, P.L. 2001 U.S. Hwy 1 Vero Beach, Florida 32960 Phone: (772) 231-1900 Facsimile: (772) 231-4387 cwalker@,MuMbywalker.com Casey Walker Page 3 of 3 201 Dylan Reingold, Courity Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney County Attorney's Matters - B. CC 12.11.18 Off, Ce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney ¢, DATE: December 3, 2018 SUBJECT: Fiber Optic Agreements BACKGROUND. On May 19, 2015, the School Board of Indian River County, the City of Vero Beach and Indian River County (the "Parties") entered into a Revised and Restated Joint Fiber Optics Project Interlocal Agreement (the "Consortium Agreement'), which governs how the Parties utilize and share fiber. As the Indian River County Board of County Commissioners (the "Board") is aware, the closing for the sale of the City of Vero Beach electric utility to FPL is scheduled for December 17, 2018. As part of that sale, FPL needs to resolve issues relating to the fiber that is owned by and utilized by the Parties. Thus the Parties along with FPL have negotiated three agreements, 1) Substation License and Access Agreement, 2) Linear Facilities Pole Attachment Agreement, and 3) Fiber License Agreement, which addressing the issues. Additionally, the Parties have negotiated a First Amendment to the Consortium Agreement clarifying issues pertaining to which Party is responsible for payments to FPL under the Linear Facilities Pole Attachment Agreement, Under the Substation License and Access Agreement, FPL will pay to remove the Parties' communication equipment from the substations, which will no longer be owned by the City of Vero Beach. FPL will be removing such equipment within five years. During that time period, the Parties will have access to the substations free of charge no more than two trips per month. Additionally, the Parties will not be required to pay any access fees required for work, which includes without limitation, resolving fiber outages and performing conductivity tests for fiber issues, to be performed on the fibers. Otherwise, the Parties will be required to pay $100 per hour for access. Under the Linear Facilities Pole Attachment Agreement, the Parties will not pay any fees for attachments to what will be FPL poles for five years Beginning on January 1, 2024, the annual attachment fee will be $16.93 per distribution pole per year, $104.06 per transmission pole with under -built distribution and $208.12 for OPGW attachments per transmission structure per year, such rate being effective on January 1., 2024. The F,U11 rWV.,,d.1GENFR1L18 C CWge ,1.bk—AF,&,Op.,Agx w.d- 202 Board of County Commissioners - December 3, 2018 Page Two rate will be subject to an annual adjustment. Finally, the Fiber License Agreement will allow FPL to license certain fiber optic strands previously used by the City of Vero Beach.in the operation of its electric system. This will consist of. (a) not less than 24 fiber optic strands previously used by the City of Vero Beach for protection of the substations; and (b). not less than 20 fiber optic strands previously used by the City of Vero Beach for supervisory control and data acquisition (SCADA) functions necessary in the operation of the substations and other electric utility assets. Additionally, 2 spare fiber optic strands shall be reserved for FPL's use. FPL will pay a license fee of $4.54 per fiber optic strand per mile per month, up to $23,847.00 per month. Since the ownership of the fiber routes that will be used by FPL is currently unknown, the Parties will be developing a route diagram. Thus, in the Fiber License Agreement, FPL and the Parties have agreed that they will work together once the survey is complete to resolve any operational issues, which include, but are not limited to, (i) operational repair; (ii) fiber outages; (iii) emergency repairs; and (iv) if reasonably necessary, the right of FPL to perform repair work under the reasonable supervision of the appropriate Party. Finally, the First Amendment to the Consortium Agreement clarifies that any pole attachment fees, costs of corrections or other charges owed to FPL as set forth in the Linear Facilities Pole Attachment Agreement shall be paid by the Party or Parties who own the wireline that is attached to the FPL pole, pursuant to their percentage of fiber ownership, regardless of the percentage of the Parties' usage of the fiber. FUNDING. Any money received from FPL due to the Fiber License Agreement will be deposited into account 001038- 362010 General Fund/Miseellaneous/Rents & Royalties. After the five year moratorium on pole attachment fees under the Linear Facilities Pole Attachment Agreement, any fees .owed to FPL would be paid out of 00423437-033490 MSTU Fund/Telecommunications/Other Contractual Services. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the Substation License and Access Agreement, Linear Facilities Pole Attachment Agreement, Fiber License Agreement, and First Amendment to Revised and Restated Joint Fiber Optics Project Interlocal Agreement and authorize the chair to execute the documents. The County Attorney's Office also recommends that the County Attorney be authorized to make any non -substantive changes to these agreements prior to execution. ATTACHMENTS. Substation License and Access Agreement Linear Facilities Pole Attachment Agreement Fiber License Agreement First Amendment to Revised and Restated Joint Fiber Optics Project Interlocal Agreement F. Wff&MeyUJnd&1Ca'jM4LIB C CIARe &Me AMbe OpneAVeeme d= 203 EXHIBIT L-2 SUBSTATION LICENSE AND ACCESS AGREEMENT THIS SUBSTATION LICENSE AND ACCESS AGREEMENT ("License"), is made this day of Lam, 2018 (the "Effective Date") by and between Florida Power & Light Company, a Florida corporation ("Licensor"), whose mailing address is 700 Universe Blvd., CRE/JB, Juno Beach, Florida 33408-0420, and City of Vero Beach, a municipal corporation organized and existing under the laws of the state of Florida, whose mailing address is 1053 20"' Place, Vero Beach, Florida 32961 (the "City"), the School Board of Indian River County, Florida, whose mailing address is 6500 57th Street, Vero Beach, FL 32967 (the "School Board") and Indian River County, a political subdivision of the State of Florida whose mailing address is 1801 271' Street, Building A, Vero Beach, FL 32960 (the "County" and together with the City and the School Board, collectively the "Licensee"). Licensor and Licensee each is called a "Party" and together are called the "Parties." WITNESSETH WHEREAS, the Parties have entered into and are contemporaneously herewith consummating an Asset Purchase and Sale Agreement, dated 2017 (the "APA") in connection with Licensor's acquisition of certain assets of Licensee. this License; and WHEREAS, immediately prior to the date of this License, Licensee has used substations numbered 10 - Central Beach l l- South Beach; 20 -County Line; 3 -Mall Substation; 5- Piper Substation; 6- Gifford Substation; 7- West Substation; 8 -South Substation; and 9- North Substation and the real property on which such Substations are located (collectively, the "Existing Substations" for the housing, operation, maintenance, repair and replacement of Licensee's communication equipment which is unrelated' to the operation, protection and control of the electric utility assetsto be purchased by Licensor; and WHEREAS Licensor intends to construct a new substation on real property which is the subject of the Substation Easement Agreement between the Parties ("New Substation") (the Existing Substations together with the New Substation are referred to collectively as the "Licensed Premises") and WHEREAS, pursuant to the APA, Licensor will obtain title to, and easement for or a lease of the Licensed Premises; and WHEREAS, pursuant to a Fiber License Agreement, dated the date hereof, between the Parties (the "Fiber License Agreement"). Licensee has licensed the use of certain fiber assets (the "Fibers") to Licensor; and WHEREAS, Licensee requires certain access to the Licensed Premises, and Licensor is willing to provide Licensee such access under the terms of this License, WHEREAS, Licensor plans to relocate, under the terms of this License, the Communications Equipment, as defined below, and Licensor is willing for Licensee to do so; NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: : 113106926.7 204 TERMS, CONDITIONS, AND PROVISIONS 1. Use. Licensee may use the Licensed Premises solely for: (a) the transmission and reception of telecommunication signals pursuant to all applicable rules and regulations including without limitation, the Federal Communications Commission ("FCC"); (b) perform no less than annual inspections, testing, and all necessary maintenance, relocation and restoration required in order that the Fibers may operate within certain required parameters; and (c) the construction, installation, operation, alteration, maintenance, repair, removal, and replacement of communication equipment including horizontal and vertical conduits, cables, wires, fibers, junction boxes, hangers, pull boxes and other appurtenant facilities and improvements owned or operated by Licensee or by Licensee together with Indian River County and the School Board of Indian River County, Florida under the Revised and Restated Joint Fiber Optics Project Interlocal Agreement, made as of May 19, 2015, singularly and collectively (collectively, the "Communications Equipment") for the purpose of providing telecommunication services to or for the benefit of entities other than and in addition to Licensor, but not for any other purpose. Licensee and its authorized personnel and subcontractors may at any and all times, enter the Licensed Premises, including Licensor's substation control structures at those structures where Licensee's Communications Equipment is installed and/or for the specific purposes set forth above. Licensee shall, and shall ensure that its personnel and subcontractors, (i) only enter the Licensed Premises while being escorted by an FPL Transmission employee and (ii) at all times strictly comply with the instructions of such FPL Transmission employee. Licensee is the sole owner of substation 1, and nothing in this License will be deemed or construed as granting, acknowledging or conveying any interest is such substation to Licensor. However, operation of such substation is subject to the Substation Equipment Operating and Dismantling Agreement between the Parties and Licensor acknowledges and agrees that Licensee will continue to use the fiber optic system located at substation number 1 until such lines and system is modified, moved or relocated in accordance with the Substation Equipment Operating and Dismantling Agreement. 2. Term. This License shall continue in full force and effect until all of the following have occurred: (a) Licensor has relocated all Communications Equipment from the current location of such Communications Equipment to the locations approved by the parties as a part of the Change Plan, defined below, as to each parcel of the Licensed Premises and (b) the appropriate instrument or agreement is executed and delivered by Licensor permitting the Communication Equipment to remain at the location constructed in accordance with the Change Plan on a permanent basis as described in Section 5 (d) below, and (c). Licensee has accepted such relocated Communications Equipment. . 3. Access Fees. If access to the Licensed Premises, or any of them, is required by Licensee solely for the purpose of accessing the Licensee's Communications Equipment, and for no other purpose, Licensee shall have the right during the first five years after the Effective Date to make entry free of charge no more than two (2) trips per month, each trip not to exceed ten (10) hours, including travel time between substations ("Monthly Allowed Access"). Licensee may visit more than one substation during a particular trip. Should Licensee exceed the Monthly Allowed Access, Licensee shall be charged the sum of One Hundred Dollars and 00/100 ($100.00) per hour for each hour or partial hour access to any of the Licensed Premises is required (the "Access Fees"). Such Access Fees shall constitute an offset, on a dollar for dollar basis, against any one or more payments due to be made from Licensor to Licensee as License Fees pursuant to the terms of the Fiber License Agreement. Notwithstanding anything to the contrary herein, Licensee shall not be required to pay Access Fees if such access is required for work, which shall include without limitation, resolving Fiber outages and performing conductivity tests for Fiber issues, to be performed on the Fibers. Licensee agrees to pay the fees specified in this section 3 as to its access to 113106926.7 205 substation 1 to compensate Licensor for any Licensor personnel needed to accompany Licensee employees or contractor at the substation for safety reasons. 4. Licensor's Rights. Licensee agrees to never claim any interest or estate of any kind or extent whatsoever to or in the Licensed Premises by virtue of this License or the occupancy or use hereunder. Licensee's use of the Licensed Premises shall always be subordinate to Licensor's rights to and in the Licensed Premises, except as may be otherwise provided in the Fiber License Agreement. Licensor reserves the right to enter upon the Licensed Premises at any time and Licensee shall notify its employees, agents, contractors, subcontractors, licensees, and invitees accordingly. Licensor, its employees and contractors are not and shall not be responsible or liable for any injury, damage or loss to Licensee resulting from Licensor's use and/or Licensee's use of the Licensed Premises. Licensor may at its sole discretion, install and/or permit others to install facilities upon, over and/or under the surface of the Licensed Premises, provided that such installation shall not interfere with Licensee's ability to access the Fibers. 5. Conditions and Restrictions On Use. (a) With respect to any work undertaken by Licensee in or around the Licensed Premises, Licensee shall at its sole cost and expense comply with all laws, rules, and regulations of all governmental authorities having jurisdiction over the Licensed Premises or use of the Licensed Premises. Licensee shall not within the Licensed Premises construct or erect any permanent or temporary building, structure, fixture, fence, shelter, attachment or improvement without prior written permission from Licensor. All work to be performed by Licensee upon the Licensed Premises shall be in accordance with detailed plans and specifications to be prepared by Licensee and submitted to Licensor for written approval thereof. Licensee shall not commence any such work until plans and specifications have been approved by Licensor. Licensee shall pay directly on its own behalf for all costs associated with construction and maintenance of all improvements and facilities that it constructs, operates and maintains upon the Licensed Premises. Licensee shall not cause or allow any waste of the Licensed Premises and shall not remove soil, import soil or alter the existing surface elevation of the Licensed Premises without first obtaining written permission of Licensor. Licensee shall pay for all utility and other services furnished to or for Licensee upon the Licensed Premises. (b) Licensee shall not use the Licensed Premises in any manner which, in the sole opinion of Licensor, might interfere with Licensor's use of the Licensed Premises or might reasonably be expected to cause a hazardous condition to exist. Licensee acknowledges that electrical equipment and appurtenances including, but not limited to utility poles, overhead and underground wires, cables, circuits, insulators, transformers, guy wires, and guy wire anchors (collectively "Licensor Facilities"), are installed or may be installed over, upon and under the surface of the Licensed Premises by Licensor and by others and are conductors of high-voltage electricity. Licensee understands that contact with or disturbance of any of these Licensor Facilities may cause a condition hazardous to persons and/or property. Licensee shall exercise extraordinary precautions to prevent injury or damage to persons and/or property that could result from contact with or disturbance of Licensor Facilities. Licensee shall notify its employees, agents, contractors, subcontractors, licensees and invitees of the existence of Licensor Facilities when working in the vicinity of the Licensed Facilities. (c) Licensee shall not cause or allow anything to exceed fourteen (14) feet in height above the surface of the Licensed Premises, nor allow any equipment capable of extending greater than fourteen (14) feet above the surface of the Licensed Premises to be brought upon the Licensed Premises, except that this provision shall not apply to equipment and items brought onto the Licensed Premises by Licensor or Licensor's employees, agents, and contractors. Licensee shall utilize effective dust control 113106926.7 206 measures to prevent contamination of high-voltage circuit insulators. In each and every location where an. electrical circuit exists above the. surface of the Licensed Premises, Licensee shall not allow to be planted in the ground within less than fifty (50) lateral feet of such circuit, any type of vegetation that is capable of growing to a height greater than fourteen (14) feet above the ground surface. Licensor shall have the right, but no form of obligation, to inspect the Licensed Premises to determine if Licensee is in compliance with all terms, conditions and provisions of this License. (d) Within five (5) years after the Effective Date, Licensor shall remove all of Licensee's Communications Equipment from the relay vaults in each of the Licensed Premises and relocate such Communications Equipment in each case to an enclosure provided by Licensor in an area approved by Licensor and Licensee which does not require escorted access, and in such manner as Licensor shall determine in its sole but reasonable discretion ("Change Plan"). Licensor shall be responsible for the payment of all costs associated with the removal of Licensee's Communication Equipment from the relay vaults to a mutually agreeable area upon the Licensed Premises that does not require escorted access under the Plan. Licensor shall prepare a detailed design to accomplish the Change Plan and submit it to Licensee for review and approval, which will not be unreasonably withheld by Licensee. Upon Licensee's approval of the Change Plan, Licensor shall commence and complete such work in a safe manner consistent with generally accepted construction standards, in a good and workmanlike manner employing materials of good quality and in compliance with all applicable laws, approvals and authorizations. Licensee's approval of any portion of the Change Plan is not a representation that such Change Plan is in compliance with applicable legal requirements or that the Communications Equipment will not cause interference with other communications operations on or near the Licensed Premises, or that the Communications Equipment will function appropriately for Licensee's purposes following execution of the Change Plan. Licensor shall be solely responsible for performing all work under the Plan in a manner that does not unreasonably cause interference with or impair the function of the Communications Equipment for Licensee's purposes and, upon reasonable notice from Licensee, Licensor shall perform at its sole expense all work reasonably necessary to restore the functionality of the Communications Equipment or resolve any interference with the Communications Equipment.. In no event, however, shall Licensor, or any of Licensor's employees, agents, contractors, subcontractors or suppliers be liable for any indirect, consequential, incidental, or special damages, however caused and regardless of the theory of liability asserted (including negligence or tort) arising out of this License, or any work, facilities or equipment provided hereunder, even if Licensee has been informed of the possibility of such damages. As the Change Plan is completed for each parcel comprising the Licensed Premises, Licensor will grant an easement or other property right as may be reasonably necessary or expedient, and to the extent of Licensor's interest in the Licensed Premises, to permit the Communication Equipment to remain permanently at the new location as constructed in accordance with the Change Plan. 6. Environmental. (a) Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), petroleum products, liquids or flammables shall be placed upon, under, transported across, or stored upon the Licensed Premises, which restricts, impairs, interferes with, or hinders the use of the Licensed Premises by Licensor or the exercise by Licensor of any of its rights thereto. '(b) After the Effective Date, Licensee may perform a Phase I and/or Phase II environmental site assessment as per ASTM criteria to investigate the existing environmental condition of the Licensed Premises that is the subject of this License. The performance or the failure to perform an environmental 113106926.7 207 site assessment does not relieve the Licensee from compliance with any other provision of this section. Licensee shall maintain copies of any local, state or federal permits, licenses or other authorizations required for any and all of its activities on the Licensed Premises and present copies of such permits, licenses or other authorizations to Licensor and to any local, state and federal governmental agency official that requests to see the same. (c) Licensee shall not create or contribute to any Environmental Contamination, Unauthorized or Unpermitted Wetland . Impacts, Unpermitted Groundwater Wells, Illegal Use of Ground or Surface Waters or any Other Environmental Impacts, (collectively, referred to as "Environmental Conditions") as a result of its use of the Licensed Premises. (1) Environmental Contamination is defined as any spilling or discharge of any chemical constituent by the Licensee to the environment that results in any pollution, sheen or contamination of the groundwater, surface water, soil, or any other environmental media, on or from the Licensed Premises, above the federal, state or local regulatory levels;. including, (a) for groundwater: Chapters 62- 777, Table I, 62-520, or 62-550 of the Florida Administrative Code ("FAC"); (b) for surface waters: Chapters 62-777, Table I, or 62-302 of the FAC; and (c) for soils: Chapters 62-777, FAC, Table II; or above natural background levels. (2) Wetland Impacts are defined.as activities impacting areas defined as "wetland" under the following: (a) federal law (for example, Section 404 of the Clean Water Act); (b) federal rules (for example, current approved Army Corps of Engineers ("ACOE") Delineation Manual); (c) federal guidance; (d) state law (for example, Section 373.019(22), Florida Statutes); (e) state rules (for example, Chapter 62-340, FAC); (f) state guidance; (g) case law as formulated that further explains wetland jurisdictional criteria; or (h) local law (for example, Miami -Dade County Ordinances; (i) local guidance; or 0) local policy. Unauthorized or Unpermitted Wetland Impacts shall mean the failure to obtain all required federal, state and local permits to impact the wetland or undertaking any action or activity in violation of any such permits. Some examples of permits needed to impact the wetland are the. Miami - Dade County Department of Environmental Resources Management Permits, the State of Florida Department of Environmental Protection or Water Management District Permits, and the Federal ACOS Permits. (3) Unpermitted Groundwater Wells means the installation or the use of an existing groundwater well without obtaining the appropriate state and local permits for the well installation and/or well pumping for use of groundwater or surface water in the area. (4) Illegal Use of Ground or Surface Waters means the withdrawal or use of either ground water or surface water without obtaining any required consumptive use or water use permits from the St. Johns River Water Management District ("SJRWMD") or in violation of any consumptive use or water use permit issued by the SJRWMD. (5) Other Environmental Impacts, include, but are not limited to; failure to apply pesticides consistent with labeling instructions; failure to dispose of pesticide containers as per label instructions; failure to have licensed and trained personnel applying pesticides; failure to properly manage pesticide mix/load sites to avoid pesticide release to soils or surface waters in quantities or concentrations other than that specified on the label application instructions; or any violations of Federal Insecticide, Fungicide, and Rodenticide Act, or its state law equivalent; or any violations of the Florida Department of Agriculture and Consumer Services rules or Best Management Practices for the activities contemplated by this License. 113106926.7 208 (d) If the Licensee causes any Environmental Conditions to occur because of the performance of activities contemplated by this License, Licensee shall notify Licensor immediately upon discovery. Licensee acknowledges that the failure to deliver such notification may cause Licensor to file a damage claim against Licensee and confers to Licensor the right to terminate this License as set forth in Section 8. Within seventy-two (72) hours of discovering such Environmental Conditions, Licensee shall, at its sole cost and expense, correct such condition or situation; provided that the Licensor retains the right to enter upon the Licensed Premises and correct any such condition or situation at any time. Any release notifications required to be submitted to federal, state or local regulatory agencies, because of the actions of Licensee pursuant to this License or any other notifications based on Environmental Conditions, shall be coordinated with Licensor. (e) If Licensee, or its employees, contractors, subcontractors or anyone else working at the direction of the Licensee causes Environmental Conditions on the Licensed Premises, or causes contamination that originates on the Licensed Premises, the Licensee, on its own behalf and on behalf of its shareholders, officers, directors, employees, servants, agents, and affiliates, shall and hereby does forever hold harmless, indemnify, and release Licensor, and its parent, subsidiaries, shareholders, officers, directors, employees, servants, agents and affiliates (collectively "Licensor Entities'), not including Licensee which is part of Licensor Entities, of and from all claims, demands, costs, loss of services, compensation, actions or investigations on account of or in any way growing out of the Environmental Conditions, and from any and all known and unknown, foreseen and unforeseen damages, and the consequences thereof, resulting from the Environmental Conditions, including but not limited to, restoration of the site to the condition existing prior to the Environmental Conditions. 7. Right to Cure. Licensor, at its sole discretion, may remove or cause to be removed by it or by its employees, agents, contractors, subcontractors, licensees, and invitees, all objects, materials, debris, or structures that could create a condition hazardous to persons or property or interfere with Licensor's use of its Licensed Premises or with Licensor Facilities. All costs expended by Licensor pursuant to this section which are caused by Licensee, its employees, agents, contractors, subcontractors, licensees, and invitees, are and shall be the sole obligation of Licensee, who shall reimburse Licensor upon demand. If any of Licensee's activities or Licensee's use of the Licensed Premises results in an interruption of electric utility service, then Licensee shall reimburse Licensor for all costs to restore electric utility service, not to exceed $1 million. 8. Default. A party shall be in default under this License if such parry fails to perform any obligation required under this License and such failure continues for more than thirty (30) days after written notice, provided that if the breach is of such a nature that it cannot be cured within thirty (30) days, then such party shall not be in default so long as it commences to cure within such period of time and thereafter diligently and continuously pursues such cure to completion. Upon the occurrence of a default, the non -defaulting party shall not have the right to terminate the License, but may seek any and all other remedies available at law and/or equity, including but not limited to an action for recovery of monetary damages or specific performance. Except as set forth to the contrary herein, any right or remedy of Licensor and Licensee shall be cumulative and without prejudice to any other right or remedy, whether contained herein or not. 9. Surrender. Upon termination or expiration of this License, Licensee shall vacate and leave the Licensed Premises in as good a condition as existed prior to the Effective Date excluding any change in conditions resulting from the work performed by Licensor under the Change Plan. No later than thirty (30) calendar days following the date upon which this License becomes expired, terminated or revoked, 113106926.7 209 Licensee shall remove all remaining personal property and improvements, if any, placed in areas requiring escorted access within the Licensed Premises by Licensee and shall repair and restore and save Licensor harmless from all damage caused by such removal. If all such personal property and improvements placed in areas requiring escorted access within the Licensed Premises by Licensee are not so removed by Licensee within the above prescribed thirty (30) day period, then Licensor shall have the right to take possession of and appropriate unto itself, without any payment or offset thereof, any remaining personal property and improvements placed in areas requiring escorted access within the Licensed Premises by Licensee or any other entity acting on Licensee's behalf, and/or Licensor shall have the right to effect removal of such personal property and improvements at Licensee's sole cost and expense, the amount of which Licensee agrees to reimburse to Licensor immediately upon Licensor's demand. It expressly understood and agreed by Licensor and Licensee that the surrender rights under the section of the Substation License Agreement do not apply to any Licensee personal property or improvements relocated to areas that do not require escorted access upon the Licensed Premises under the Change Plan. 10. No Encumbrances. Licensee expressly covenants and agrees that the Licensed Premises shall not be subject to any encumbrance by any mortgage, lien, financial instrument or other agreement outside of or in addition to this License, nor shall the Licensed Premises be liable to satisfy any indebtedness that may result from Licensee's operation or activity. Licensor expressly covenants and agrees that the Licensee's Communications Equipment shall not be subject to any encumbrance by any mortgage, lien, financial instrument or other agreement outside of or in addition to this License, nor shall the Licensee's Communications Equipment be liable to satisfy any indebtedness that may result from Licensor's operation or activity. 11. Indemnity. Each party (each an "Indemnifying Party") shall exercise its respective rights and privileges herein at its sole risk and agrees to indemnify and save harmless the other party (each an "Indemnified Party"), from all liability, loss, cost, and expense, including attorneys' fees, which may be sustained by the Indemnified Party, incurred by any person, natural or artificial, by reason of the death of or injury to any person or damage to any property arising from or in connection with the use of the .Licensed Premises by such Indemnifying Party and its employees, agents, contractors, subcontractors, licensees, and invitees. Such Indemnifying Party agrees to defend, at its sole cost and expense, but at no cost and expense to the Indemnified Party, any and all suits or actions instituted against the Indemnified Party for the imposition of such liability, loss, cost, and expense arising from the use of the Licensed Premises by the Indemnifying Party and its employees, agents, contractors, subcontractors, licensees, and invitees. Notwithstanding the foregoing, Licensee's obligations under this Section ll shall be subject to the limitations set forth and provided for in Section 768.28 of the Florida Statutes with respect to injury to or death of employees or agents of Licensor or property damage of Licensor or its employees or agents, in each case caused directly by employees of Licensee. 12. Insurance. During the Term, Licensor and Licensee shall maintain, at their respective sole cost and expense, a liability policy with minimum limits of $1,000,000.00 for bodily injury or death of a person(s), and $1,000,000.00 for property damage arising out of each single occurrence, and workers compensation coverage as mandated by the applicable laws of the State of Florida. Said policy shall be endorsed to insure against obligations assumed by Licensor or Licensee, respectively, in the indemnity herein. A certificate of insurance shall be furnished to Licensor and Licensee evidencing that said policy of insurance is in force and will not be cancelled or materially changed so as to affect the interests of Licensor or Licensee Entities, as the case may be, until ten (10) days advance written notice has been furnished to Licensor. Upon request, copies of said policy will be furnished to Licensor or Licensee, respectively. Notwithstanding anything to the contrary set forth herein, the Parties shall be permitted to elect to self -insure, provided the 113106926.7 210 limits and coverage under such self-insurance program is not less than the insurance that would otherwise be provided as set forth in this Section 12 above. 13. No Transfer. Licensee shall not, without the prior written consent of Licensor, allow any other entity or party to occupy or use the Licensed Premises or in any way transfer, assign, lease, sublease, license, sublicense or in any other manner, convey this License to any entity or parry not specifically named herein by Licensor as a party to this License. Licensee shall not hypothecate this License, nor enter into any license, concession agreement, mortgage, contract or other agreement which conflicts with or is contradictory to the terms and provisions of this License. 14. Holding Over. If Licensee continues to occupy and/or use the Licensed Premises, or any part thereof, after expiration, termination or revocation of this License, then no tenancy, ownership or other legal interest in the Licensed Premises to the benefit of Licensee shall result therefrom, but such holding over shall be an unlawful detainer and all parties occupying and/or using the Licensed Premises shall be subject to immediate eviction and removal and Licensee shall upon demand pay to Licensor, as liquidated damages, a monthly sum equal to the monthly License Fees owed by Licensor to Licensee pursuant to the Fiber License Agreement for and during any and all period(s) which Licensee and/or its employees, agents, contractors, subcontractors, licensees, and invitees fail to vacate the Licensed Premises after the date upon which this License becomes expired, terminated, or revoked. 15. Waiver of Jury Trial. Licensee and Licensor knowingly, voluntarily and intentionally waive any and all right(s) they may have to a trial by jury with respect to any litigation based upon, or arising from, under, or in connection with this License, or any document contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statement (whether oral or written) or action of Licensee or Licensor. In any and all litigation arising out of or in connection with enforcement of the terms, conditions or provisions of this License, the prevailing party in such litigation shall be entitled to recovery of each and all of its costs, including reasonable attorneys' fees. 16. Applicable Law and Venue. This License, including each and all of its terms, conditions and provisions, is governed by and interpreted according to the laws of the State of Florida. Venue for all legal matters arising out of, or in connection with this License are and shall be the courts of the State of Florida in Indian River County, Florida, which court shall have exclusive jurisdiction for such purpose. If any term, condition or provision, or any part thereof, is found by a Florida court to be unlawful, void or unenforceable, then that term, condition, provision or part thereof shall be deemed severable and will not affect the validity and enforceability of any of the remaining terms, conditions and provisions of this License. 17. Time and Entire Agreement: Time is of the essence, and no extension of time shall be deemed granted unless made in writing and executed by both Licensor and Licensee. This instrument constitutes the entire agreement between the parties hereto and relative to the License, and any agreement or representation which is not expressly set forth herein and covered hereby is null and void. All amendments, modifications, changes, alterations and supplements to this License must be in writing and executed by both Licensor and Licensee in order to be deemed valid and enforceable. If Licensor or Licensee fails or elects to not enforce the other party's breach of any term, condition or provision of this License, then Licensor's or Licensee's failure or election to not enforce the other party's breach shall not be deemed a waiver of the non -breaching party's right to enforce one or more subsequent breaches of the same or any other term, condition or provision of this License. 113106926.7 211 18. Notices. All notices associated with and related to this. License shall be deemed. to have been served upon the date and time received by Licensor or Licensee at the addresses set forth in the Preamble by: government postal service, private delivery service, electronic email or facsimile transmission. Either party may, at any time, designate in writing a substitute address for the address first written above, and thereafter notices shall be directed to such substituted address. 19. Counterparts. This License may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute a single instrument. [Signature Pages Follow] 113106926.7 212 IN WITNESS WHEREOF, Licensor and Licensee have caused this License to be signed and executed effective as of the Effective Date. Witnesses for Licensor: Signature: . Print Name: Signature: _ Print Name: Witnesses for Licensee: Signature: Print Name: Signature: Print Name: Licensor• Florida :Power & Light Company, a Florida corporation. By: Name: Title: Licensee: City of Vero Beach, Florida, a municipal corporation By: _ Name: Title: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVE Code) Approved as to form and legal sufficiency Wayne R. Coment City Attorney Approved as to technical requirements: Ted Fletcher Director of Electric Utility Operations Approved. as to technical requirements: Timothy J. McGarry Director of Planning and Development Approved as conforming to municipal policy: James R. O'Connor City Manager Approved as to technical requirements: Cynthia D. Lawson Director of Finance 113106926.7 213 Indian River County Execution Page IN WITNESS WHEREOF, and intending to be legally bound hereby, the undersigned have caused this Agreement to be executed as of the Effective Date. ATTEST: INDIAN RIVER COUNTY, a political subdivision of the State of Florida 213 [SEAL] 113106926.7 214 School Board oflndian River County, Florida Execution Page IN WITNESS WHEREOF, and intending to .be legally bound hereby, the undersigned have caused this Agreement to be executed as of the Effective Date. ATTEST- SCHOOL BOARD OF INDIAN RIVER COUNTY FLORIDA [SEAL] 1 1131o6926.7 215 LINEAR FACILITIES POLE ATTACHMENT AGREEMENT BY AND AMONG CITY OF VERO BEACH, FLORIDA, INDIAN RIVER COUNTY, FLORIDA, SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA AND FLORIDA POWER & LIGHT COMPANY 116126081.10 216 TABLE OF CONTENTS [Subject to Updating] ARTICLE I DEFINITIONS ........................ ...2 .......................................................................... 1.1 "Attachment"............................................................................. ............2 1.2 "Communication Space"..............................................................................2 1.3 "Existing Attachments"................................................................................2 1.4 "FPL Distribution Facilities».........................................................................2 1.5 "FPL Facilities"............................................................................................2 1.6 "FPL Transmission Facilities"...................................................................2 1.7 "Intermediate Pole Attachment"..................................................................2 1.8 "Lump Sum" ................. 1.9 "Make -Ready Work"....................................................................................2 1.10 "NESC"...................................... .............................................................2 1.11 "New Attachments.. .............. ................................................................2 1.12 "OPGW" has the meaning set forth in the definition of Attachments ........... 2 1.13 "Other Users"......................................:........................................................2 1.14 "Rearrangement"...........................................:...............................................3 1.15 "Supply Space"............................................................................................3 1.16 "System"....................................................................................................... 3 1.17 "Transfer".....................................................................................................3 1.18 "Wireline°.................................................................................. .....3 .............. ARTICLE II TERM AND RIGHT TO ATTACH .................... ....................3 .........................: 2:1 Term............................................................................................................3 2.2 Existing Attachments..............................................................................:....3 2.3 Permission to Attach to FPL Distribution Poles...........................................3 2.4 Florida Power & Light Company Permit......................................................4 ARTICLE III ATTACHMENT AND MAINTENANCE.........................................................4 3.1 Attachments of OPGW to Transmission Poles...........................................4 3.2 Attachments to Distribution Poles and Transmission Poles with Distribution Underbuilt.................................................................................5 3.3 Licensee's Duty to Warn . .....................................: 3.4 Licensee's Permits......................................................................................5 3.5 Standards....................................................................................................5 3.6 Rearrangement, Transfer or Intermediate Pole Attachment .......................6 3.7 FPL Inspection............................................................................................8 3.8 FPL Work ............................ 8 3.9 Rearrangement, Transfer and Intermediate Pole Attachment of OPGW on Transmission Poles.................................................................................8 3.10 System in the Power Supply Space............................................................9 3.11 Radio Frequency ("RF") Exposure ........................ ..................................9 ARTICLE IV MAKE-READY COSTS, LICENSE AND TRANSFER FEES, AND BILLING9 Confidential 116126081.10 Linear Facilities Attachment Agreement 217 4.1 Make -Ready Costs for New Attachments...................................................9 4:2 Attachment Fees.......................................................................................10 4.3 Transfer and Intermediate Pole Attachment Fees....................................11 4.4 Rearrangement Cost........................................................_........................11 4.5 All Other Services Necessary to Maintain Licensee's OPGW System . .... 12 4:6 Billing.................:.....................................................6...............: ..12 4.7 Payment and Charges...............................................................................12 ARTICLEV REMOVAL...................................................................................................12 5.1 Notice..................:..................................................................................:..13. 5.2 Immediate Removal ........................ 5.3 Licensee's Expense..................................................................................1.3 5.4 Abandonment............................................................................................13 ARTICLE VI RESERVATION OF RIGHTS, LIMITATION OF LIABILITY AND INSURANCE...................................................................................................................13 6.1 Reservation of Rights and Release by Licensee......................................13 6.2 No Consequential Damages.....................................................................14 6.3 Indemnification..........................................................................................14 6.4 Insurance..................................................................................................14 6.5 Contractor Indemnification........................................................................15 6.6 Disclaimer of Warranties...........................................................................16 6.7 Contractor Insurance.................................................................................16 ARTICLE VII MISCELLANEOUS PROVISIONS.............................................................16 7.1 Breach.: ... 16 7.2 Non-waiver................................................................................................17 7.3 Non -Exclusive Right............................................................. ...........17 7.4 No Property Right......................................................................................17 7.5 Assignment...............................................................................................17 7.6 Successors and Assigns........................................................................17 7.7 Notice Under this Agreement....................................................................17 7.8 ... .... .... Severability ....... .............................:... ............................... ..............18 7.9 Applicable Law; Venue; No Jury Trial.......................................................19 7.10 Amendment; Modification..........................................................................19 7.11 Entire Agreement......................................................................................19 EXHIBIT A -WIRELINE ATTACHMENT APPLICATION AND PERMIT EXHIBIT B -NOTIFICATION OF ATTACHMENT/REMOVAL EXHIBIT C -FIBER OPTIC SERVICE LEVEL GUIDELINES Confidential 116126081.10 Linear Facilities Attachment Agreement 218 Confidential 116126081.10 ill Linear Facilities Attachment Agreement 219 LINEAR FACILITIES POLE ATTACHMENT AGREEMENT BETWEEN CITY OF VERO BEACH, FLORIDA, INDIAN RIVER COUNTY, FLORIDA, SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA AND FLORIDA POWER & LIGHT COMPANY THIS AGREEMENT (this "Agreement'), made this day of December 2018 (the "Effective Date"), by and among the CITY OF VERO BEACH, FLORIDA, a municipal corporation organized under the laws of the State of Florida ("COVB"), the SCHOOL BOARD OF INDIAN RIVER COUNTY, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (such three parties being hereinafter collectively referred to as "Licensee") and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of Florida (hereinafter referred to as "FPL") with its principal place of business in Miami -Dade and Palm Beach Counties, Florida. WITNESSETH: WHEREAS, COVB has entered into an Asset Purchase and Sale Agreement with FPL dated as of October 24, 2017, as amended, pursuant to which FPL is purchasing from COVB certain electric utility assets and certain associated liabilities used in the electric utility business operated by COVB (the "Sale Transaction"); WHEREAS, Licensee owns a fiber optic system used for communications among Licensee entities, which fiber optic system has been attached to the electric utility poles owned by COVB and which poles will be sold to FPL in the Sale Transaction; WHEREAS, entry into this Agreement among Licensee and FPL is a condition to closing. the Sale Transaction; WHEREAS Licensee desires to keep the cables, wires and appliances that comprise the fiber optic system attached to the poles being sold to FPL in the Sale Transaction, and to construct New Attachments (as hereinafter defined), if necessary, for the maintenance of the System (as hereinafter defined); WHEREAS FPL is willing to permit, to the extent it may lawfully do so, the continued attachment of the System, as defined below, to the poles where the System is currently attached as of the Effective Date and to permit New Attachments pursuant to the terms and conditions set forth herein; Per the Amendment to the Revised and Restated Joint Fiber Optics Project Interlocal Agreement between Licensee members, and except as otherwise provided in this Agreement, the owner of specified Attachments is responsible for all removal, relocation, upgrade, Make - Ready Work, or Rearrangement costs associated with this Agreement.; and WHEREAS, .COVB and FPL recognize that Indian River County undertook significant efforts to not only support the Sale Transaction, but also assist in making the Sale Transaction happen; Confidential 1 Linear Facilities Attachment Agreement 116126081.10 220 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: ARTICLE DEFINITIONS 1.1 "Attachment" means the physical attachment of the System consisting of Licensee's optical ground wire ("OPGWn)or Licensee's wirelines,: and the supporting hardware or devices required to attach the System to FPL poles. 1.2 "Communication Space" means the space on an FPL pole located within the "communication worker safety zone", as such term is defined in the NESC. 1.3 "Existing Attachments" means the Attachments that are attached to COVB's electric poles immediately prior to the Effective Date. 1.4 "FPL Distribution Facilities" means equipment used by FPL in the distribution of electric power, including, but not limited to, manholes, conduits, poles, wires, cables, system protection equipment or other appurtenances, and associated equipment. 1.5 ".FPL Facilities" means FPL Distribution Facilities and FPL Transmission Facilities. 1.6 "FPL Transmission Facilities" means equipment used by FPL in the transmission of electric power, including, but not limited to, manholes, conduits, poles, wires, cables, system protection equipment or other appurtenances, and associated equipment. 1.7 "Intermediate Pole Attachment" means the attachment of a New Attachment to a new intermediate pole installed by FPL within an existing pole line in order to accommodate the service requirements of FPL or Other Users. 1.8 "Lump Sum" means the dollar amount, reasonably estimated by FPL, associated with work to be performed by FPL of the costs of construction and all FPL out-of- pocket overhead associated with the required construction. 1.9 "Make -Ready Work" means the work necessary to prepare FPL Facilities and the facilities of Other Users for any New Attachments on one or more FPL poles or pole lines in compliance with the NESC and additional requirements of FPL including, but not limited to, pole inspections, engineering and drafting time, permits and construction. 1.10 "NESC" means the National Electrical Safety Code. 1.11 "New Attachments" means any Attachments constructed after the Effective Date. 1.12 "OPGW' has the meaning set forth in the definition of Attachments. 1.13 "Other Users" means licensees, other than Licensee, the facilities of which are attached to applicable FPL poles pursuant to a joint use or other agreement. Confidential 2 Linear Facilities Attachment Agreement 1161260221 1.14 "Rearrangement" means any activity or work, after the Make -Ready Work, that is necessary when there is a change in the FPL Facilities or FPL service requirements or to ensure that Licensee's Attachments do not adversely affect FPL's Facilities or service or that of Other Users previously attached. "Rearrangement' includes but is not limited to Transfer, relocation, adjustment, conversion, permanent or temporary support, protection, design or redesign, abandonment, and removal or reconstruction of the System. 1.15 "Supply Space" means the space on the pole located above the Communication Space. 1.16 "System" means Licensee's fiber optic system, and shall include, without limitation, the cable, fibers within cables, hardware and supporting devices required by Licensee to attach to FPL poles as specified in Section 2.2 and any part thereof. 1.17 "Transfer" means solely the work of removing a portion of the System from an FPL pole and re -attaching that portion of the System to a replacement FPL pole within the existing FPL pole alignment at the same time that FPL transfers or relocates FPL Facilities from one. FPL pole to another FPL pole. 1.18 "Wireline" means fiber optic cable and casing. ARTICLE 11 TERM AND RIGHT TO ATTACH 2.1 Term. This Agreement is for an initial term of six (6) years commencing with the date first written above and ending on midnight immediately preceding the six (6) year anniversary of such date. The term of this Agreement, provided Licensee is not in default under the terms of this Agreement, shall be continuously self -renewing for additional, consecutive five (5) year terms unless either party provides written notice to the other party no later than one hundred eighty (180) days prior to the expiration of the then -effective term that it wishes to terminate this Agreement for any or no cause. Individual permits issued under this Agreement may automatically expire as provided in Exhibit A attached hereto. 2.2 Existing Attachments. FPL agrees that the Existing Attachments are permitted to continue in the locations that exist on the Effective Date. 2.3 Permission to Attach to FPL Distribution Poles. (a) Pole. Except as provided in Section 3.1(a): (i) Licensee may attach New Attachments to the System only to existing or future FPL poles on which FPL Distribution Facilities have been installed; and (ii) Licensee may not attach New Attachments for its System to FPL poles that are used solely for transmission or street lighting purposes. (b) Tension Limit. No New Attachment will be permitted which results in more than 200 lbs. of unguyed tension on any given FPL Pole. (c) Pole Height Limit. No New Attachment will be permitted which requires FPL to install a new pole with a height of more than fifty feet (50'), and FPL will not perform Make -Ready Work for the purpose of installing such a pole; provided however, Licensee may apply for a permit to attach to an FPL pole, as provided in Section 2.3(a) Confidential 3 Linear Facilities Attachment Agreement 1161260$1�1Q above, which is more than fifty feet (50') in height if such pole was installed to meet FPL's own service requirements. (d) Permission to Attach to FPL Transmission Poles. Licensee may attach its Wireline in New Attachments to FPL transmission poles with distribution underbuilt as provided herein. Wireline in New Attachments to transmission poles with distribution underbuilt shall . be permitted only in the Communications Space. In applying for New Attachments, Licensee shall follow the procedures in the FPL Permit Application Process Manual for Wireline Attachments to Transmission Poles. Existing Attachments in the Communications Space shall be rearranged at Licensee's expense should they be found to be in violation of any of the standards defined in Section 3.5. (e) Inspection. Prior to applying for permission to attach any New Attachments to any FPL pole(s), Licensee shall inspect the pole(s) to which it wishes to attach the New Attachments and shall prepare a windloading study and calculations according to FPL requirements. If any pole or poles of FPL must be reworked or are inadequate to support the additional facilities in accordance with the specifications in Article III below, Licensee will request Make -Ready Work by indicating the necessary changes on Exhibit A. 2.4 Florida Power & Light Company Permit. After inspection and prior to attaching any New Attachment to any FPL pole, Licensee shall apply for and receive a written permit in the form of Exhibit A. Licensee shall attach its windloading calculations and pole and mid -span clearance measurements to its permit application. FPL may deny a permit for New Attachments if, in the sole judgment of FPL, such attachment will interfere with FPL's system integrity or service requirements, including economic, safety, reliability and engineering requirements. No New Attachments shall be permitted except as provided in this Article II above. ARTICLE III ATTACHMENT AND MAINTENANCE 3.1 Attachments of OPGW to Transmission Poles. (a) OPGW. No New Attachments will be allowed in the Supply Space unless such New Attachments will be attached to Existing Attachments in the Supply Space. Licensee shall not perform. any work on OPGW which is attached to FPL transmission poles. All such work, including the installation of New. Attachments, maintenance, Rearrangement or the removal of any portion of System, in connection with the installation of such New Attachments, shall be performed by FPL at Licensee's expense, as provided in Section 3.8 and Article IV below. (b) NESC and FPL Requirements. All FPL Attachment -related work on the System shall be performed in accordance with the requirements and specifications of the NESC, latest edition, or any applicable amendments, revisions or- subsequent editions of the NESC, as well as any additional requirements of FPL. Confidential 4 Linear Facilities Attachment Agreement 1161261123 3.2 Attachments to Distribution Poles and Transmission Poles with Distribution Underbuilt. Licensee, at its own expense, shall make and maintain its Attachments to distribution poles and to transmission poles with distribution underbuilt in a safe condition and in thorough repair, both in a manner suitable to FPL and so that the Attachments do not conflict with the use of the poles by FPL or Other Users, or interfere with the working use of facilities thereon or which may from time -to -time be placed thereon by FPL or Other Users. Licensee shall exercise special precautions to avoid damage to the FPL Facilities and to attachments of Other Users on the FPL poles and shall promptly report to FPL any damage caused by Licensee. 3.3 Licensee's Duty to Warn. Licensee covenants, acknowledges and agrees that it has a responsibility to instruct, remind and warn its employees, agents, contractors and invitees that the FPL Facilities and appurtenances installed or to be installed by FPL are charged with high voltage electricity and to instruct and inform such persons as to safety and precautionary measures which they must use when working on or near FPL property and other FPL facilities. Licensee also covenants and agrees to notify all Other Users, the facilities of which are attached to FPL poles, if the System produces RF emissions at such poles. FPL inspects its poles on a routine basis. Poles requiring replacement are tagged by FPL for future replacement. Licensee acknowledges that these tags and FPL's pole tagging convention exist and that the form of the tags utilized by FPL may change from time to time. Licensee agrees to familiarize itself, its employees, contractors, subcontractors and agents with FPL's pole tagging conventions as provided by FPL to Licensee and any modifications to that convention, including the form of tag utilized. Licensee further covenants, acknowledges and agrees that it has a responsibility to instruct, remind and warn its employees, agents, contractors and invitees to observe, recognize and report to such individual's superiors the pole's replacement status prior to performing any work or installation on or around an FPL pole. 3.4 Licensee's Permits. Licensee, at its own expense, shall obtain all necessary permits or authorization from local, state and federal agencies or property owners with respect to the System. 3.5 Standards. (a) NESC and FPL Requirements. Except as provided in Section 3.1(a), Licensee agrees to install, construct and maintain its New Attachments with its own licensed electrician or by an approved licensed electrical contractor paid under a contract executed by Licensee all in accordance with the requirements and specifications of the NESC, latest edition, or any applicable amendments, revisions or subsequent editions of the NESC, latest edition, as well as any additional construction requirements of FPL. If any such New Attachments are found to have been installed in violation of the NESC, latest edition, or FPL requirements, Licensee shall immediately make all corrections at Licensee's expense, including Rearrangement of the System. (b) Installation of Attachments. Licensee agrees and understands that the installation, construction and maintenance of New Attachments within fifteen feet (15') of FPL's primary conductors (defined herein as all conductors with voltage potentials exceeding 750V) shall be subject to the approval of FPL within its sole and absolute discretion. Licensee's New Attachment on each pole shall be restricted to one foot (1') of pole space. This space allocation shall be located one foot (1) above the highest Other User cable attachment. The one foot (1') space allocation shall extend six inches Confidential 5 Linear Facilities Attachment Agreement 116126081.10 224 (6") above and below Licensee's main cable. attachment point. A schematic drawing is included in Exhibit A. (c) Other Requirements. In addition, all installation work will be done in accordance with local rules, regulations, statutes and ordinances. All New Attachments shall conform to requirements of and be subject to rights under any other joint use or attachment agreements now in effect between FPL and Other Users. Licensee shall insure compliance with clearances from facilities of all Other Users attached to the FPL pole and obtain consent from such Other Users, as, necessary. Licensee agrees to participate in FPL's notification and scheduling processes for FPL pole transfers and permitting of attachments. (d) Marking of Cable. Licensee agrees to install at least one identification tag somewhere on the cable and close to the 'FPL pole so that it can be easily identified from the ground and distinguished from other similar cables on the pole. The identification tag shall be installed at every first, fifth, last and street crossing mainline Attachment. Identification tags shall be placed on New Attachments at the time of attachment. Existing. Attachments shall be tagged prior to January 1, 2024. In the event the name of Licensee changes in a way that renders the identification tag obsolete or useless as a means of immediate identification, Licensee shall replace its identification tags within six (6) months after the name change. (e) Licensee's Notice of Attachment. Within thirty-one (31) days after attaching any New Attachments to FPL's Poles, Licensee shall provide FPL with Notice of Attachment in the form of Exhibit B attached hereto. 3.6 Rearrangement, Transfer or Intermediate Pole Attachment. (a) Timing. When any of the following is necessary: (i) a Rearrangement of an Attachment on an existing FPL pole; (ii) a Transfer of an Attachment to a replacement FPL pole; or (iii) a Transfer of an Attachment to an intermediate FPL pole; Licensee will perform the Rearrangement or Transfer of the Attachment, as required, within forty-five (45) days of notification by Licensee to FPL. Licensee will participate in FPL's notification process and conform to FPL's scheduling in order to accomplish this. (b) Rearrangement,' Transfer or Intermediate Pole Attachment by FPL. With the exception noted below or in Section 3.1(a), the Rearrangement, Transfer or Intermediate Pole Attachment with respect to the System, or any part thereof, is the sole responsibility of Licensee. This work may be performed by FPL or its contractor when and at the time that FPL relocates FPL Facilities, replaces an existing pole or installs an intermediate pole within an existing pole line used by Licensee. All such work shall be at the sole discretion of FPL and based on NESC and additional requirements of FPL. All hardware, cable, material and. equipment required for the Rearrangement or Transfer of the System, or applicable portion thereof,, shall be provided by Licensee. The Rearrangement shall be at the expense of Licensee as stated in Article I.V. Confidential 6 Linear Facilities Attachment Agreement 116126081.10 225 (c) Exception. All work performed in the Power Supply Space and on the OPGW will be performed by FPL, performance of such work shall be at the sole discretion of FPL and based on NESC and additional requirements of FPL. All such work, including New Attachments, maintenance, Rearrangement or Transfer of the System, or applicable portion thereof, shall be performed by FPL at Licensee's expense, as provided in Section 3.8 and Article IV below. (d) Rearrangement or Transfer by Licensee. If FPL decides not to do a Rearrangement or Transfer the System, or applicable portion thereof, then Licensee, subject to Article IV, at its own expense and within ninety (90) working days after written notice from FPL, shall rearrange or remove the applicable portion of the System placed on any pole or pole line, transfer it to a substituted pole or poles, relocate it, or perform any other work in connection with that portion of the System that may be required by FPL. (e). Failure of Licensee to Rearrange or Transfer: Emergency Situations. Provided, however, that after ninety (90) days' written notice from FPL, if Licensee fails to Rearrange or Transfer the System, or applicable portion thereof, or at any time without notice in case of emergency, FPL may rearrange the System, or applicable portion thereof, Transfer it to a substituted pole or poles, relocate it or perform any other work in connection with System, or such portion, that may be required in the maintenance, replacement, removal or relocation of FPL poles, the portion of the System thereon or which may be placed thereon, or for the service needs of FPL, and Licensee shall, on demand, reimburse FPL for the expense thereby incurred. Nothing in this Subsection shall relieve Licensee from maintaining adequate work forces readily at hand to handle the Rearrangement, repair, service and maintenance of the System, or applicable portion thereof, where the condition of the System, or applicable portion thereof, is hindering FPL's operations. (f) Hold Harmless and Indemnify Against Delay Claims. Notwithstanding the foregoing, Licensee shall be solely responsible for the scheduling and coordinating directly with all Other Users of all relocations required as part of any project of Licensee. FPL shall not be responsible for scheduling the relocation of Licensee's Attachments or other attachments to FPL's poles when such relocation is caused by any project of Licensee. Licensee shall indemnify and hold harmless FPL from any loss or liability incurred by or claimed by Licensee's contractor arising from or related to the failure of FPL to timely relocate a FPL pole if Licensee has not timely removed its Attachment from the FPL pole. Such obligation to hold harmless and indemnify FPL shall be subject to the limitations set forth in section 768.28, Florida Statutes, as may be applicable. (g) Notwithstanding anything in this Section 3.6 to the contrary, there shall not be any Rearrangement or Transfer of any Attachment: (i) that is in the Supply Space to a location within the Communications Space if such Attachment, as relocated or transferred, will be connected to any other Attachment within the Supply Space; or (ii) that is in the Communications Space to a location within the Supply Space if such Attachment, as relocated, will be connected to any other Attachment within the Communication Space. Confidential 7 Linear Facilities Attachment Agreement 116126081.10 226 3.7 FPL Inspection. FPL reserves the right to inspect each New Attachment on FPL poles and in the vicinity of its lines or appliances and to make surveys every five (5) years, or more frequently as conditions warrant, of the entire System on FPL's poles. Such inspections or surveys made, or not, shall not relieve Licensee of any responsibility, obligation or liability assumed under this Agreement. All direct and overhead costs associated with these inspections shall be paid by Licensee as stated in Article IV. In addition, if any violations are found, Licensee shall make all corrections at Licensee's expense, including Rearrangement of the Facilities. 3.8 FPL Work. FPL shall perform all work on the System in the Power Supply Space. FPL's responsibilities for performing such work is set forth in Exhibit C attached hereto. 3.9 Rearrangement, Transfer and Intermediate Pole Attachment of OPGW on Transmission Poles. (a) Timing. Whenever it is necessary for FPL to do a Rearrangement of an Attachment on an existing FPL pole, Transfer such Attachment to a replacement FPL pole or to an Intermediate Pole Attachment, Licensee shall perform all of its obligations as set forth in Exhibit C, the Fiber Optic Service Level Guidelines, or any subsequent written agreement between FPL and Licensee to allow FPL to do a Rearrangement, Transfer or Intermediate Pole Attachment, as the case may be, within forty five (45) days after notice is given to Licensee in writing. Licensee will participate in FPL's notification process and conform to FPL's scheduling in order to accomplish this. (b) Failure of Licensee to Meet its Obligations to Facilitate the Rearrangement or Transfer by FPL; Emergency Situations. If after ninety (90) days' written notice from FPL, Licensee fails to meet its obligations as set forth in Exhibit C, the Fiber Optic Service Guidelines, or any subsequent written agreement between FPL and Licensee to facilitate FPL's Rearrangement or Transfer of the System, or any applicable portion thereof, or at any time without notice in cases of emergency, FPL at the sole option of FPL may do a Rearrangement of the applicable portion of the System, Transfer the applicable portion of the System to substituted poles, relocate the applicable portion of the System or perform any other work in connection with the System that may be required in the maintenance, replacement, removal or relocation of FPL poles, the FPL Facilities or attachments thereon or which may be placed thereon, or for the service needs of FPL, and Licensee on written demand shall reimburse FPL for the expense thereby incurred. Nothing in this Section 3.9(b) shall impose any duty on FPL or relieve Licensee from maintaining adequate work forces readily at hand to handle Licensee's obligations as set forth in Exhibit C, the Fiber Optic Service Level Guidelines or any subsequent written agreement between FPL and Licensee where the condition of the System is hindering FPL's operations or from liability for failure to allow FPL to perform the timely removal if its Attachment from FPL poles or from its obligations under this Agreement. Notwithstanding anything in this Section 3.9 to the contrary, there shall not be any Rearrangement or Transfer of any Attachment: (i) that is in the Supply Space to a location within the Communications Space if such Attachment, as relocated or transferred, will be connected to any other Attachment within the Supply Space; or Confidential 8 Linear Facilities Attachment Agreement 1161260��� (ii) that is in the Communications Space to a location within the Supply Space if such Attachment, as relocated, will be connected to any other Attachment within the Communications Space. 3.10 System in the Power Supply Space. Whenever Licensee determines that the entire portion of the System that is located in the Supply Space needs to be replaced, Licensee will locate the replacement portion of the System in the Communication Space on distribution poles or transmission poles with distribution underbuilt. The replacement portion of the System must be approved by FPL. Notwithstanding anything to the contrary in this Agreement, in the event that Licensee gives not less than 90 days' notice to FPL that Licensee no longer will be using the entire portion of the System located in the Supply Space: (a) Licensee shall not be obligated to pay to FPL any fees or expenses with respect to such portion of the System after the date on which Licensee ceases to use such portion of the System; and (b) whenever, following the date described in Section 3.10(a), FPL wishes to remove such portion of the System, the cost of removal of such portion of the System shall be borne entirely by FPL. 3.11 Radio Frequency ("RF") Exposure. FPL's poles routinely have attachments that emit RF radiation. The owners of the RF emitting devices are responsible for the operation of those devices. Licensee is required to familiarize itself, instruct and warn their employees, agents, contractors and subcontractors who are working around these devices, prior to performing any work or installation on or around any FPL pole. Attachment of RF emitting devices is limited to one measured and FPL -approved output device per pole. Licensee may not attach antennas or other RF emitting devices to a pole if it already has an antenna or RF emitting device installed by FPL or a third -party. ARTICLE IV MAKE-READY COSTS LICENSE AND TRANSFER FEES AND BILLING 4.1 Make -Ready Costs for New Attachments. (a) Lump Sum for Make -Ready Work. If Licensee has indicated that Make - Ready Work is necessary to accommodate New Attachments on any FPL pole, FPL or FPL's contractor will provide Licensee with an estimate of the cost of the Make -Ready Work. The estimate shall include the increased cost of larger or stronger poles, the remaining life value of poles removed, the cost of removal less any salvage recovery and the expense of transferring FPL's Facilities from the old to the new poles and overhead costs, less any credit for betterment. If Licensee still desires to make the New Attachments, it shall return Exhibit A marked to so indicate, together with an advance payment of the Lump Sum for the entire estimated cost of the Make -Ready Work. (b) Reimbursement for Make -Ready Work. When Licensee's New Attachments can be accommodated on existing poles of FPL by rearranging FPL's Facilities or attachments of Other Users thereon, Licensee will compensate FPL .and Other'Users, if any, for the full expense incurred in completing such Make -Ready Work or Rearrangements, as provided in Section 4.6 below. (c) Additional Support. Any strengthening of poles (e.g., guying) required to accommodate any New Attachments shall be provided by and at the expense of Licensee and to the satisfaction of FPL. Licensee shall not set intermediate poles under or in close proximity to FPL's Facilities. Licensee, however, may request FPL to set Confidential 9 Linear Facilities Attachment Agreement 116126081.10 228 such intermediate poles as Licensee may desire, and FPL shall have the option to accept or reject such request. If such request is granted, Licensee shall reimburse FPL for all direct and overhead costs associated with installing and attaching the New Attachments to such pole or poles. FPL shall perform such work on transmission poles. (d) Reimbursement of Licensees for Any Rearrangement. Made by Licensees. If Licensee wishes to be reimbursed by any Other User, new or existing, benefiting from a Rearrangement or Make -Ready Work which was paid for by Licensee, it is Licensee's responsibility to pursue reimbursement directly with the Other User. FPL will not be responsible for notification, monitoring, billing or collection of reimbursement for any New Attachments or modifications made to poles where Licensee paid Make -Ready Work costs. 4.2 Attachment Fees. (a) Annual Attachment Fee. Licensee will be charged an annual attachment fee, payable in semi-annual installments in advance, beginning on January 1, 2024. Subject to annual adjustment as set forth in Section 4.2(b) below, the annual Attachment fee of $16.93 per distribution pole per year, $104.06 per transmission pole with under -built distribution per year and $208.12 for OPGW -attachments per transmission structure per year, such rate being effective on January 1, 2024. The annual rate shall apply to all Attachments existing as of the effective date of that rate, regardless of the date of Attachment. Upon confirmation of the Existing Attachments, Licensee and FPL shall update Exhibit D attached hereto to detail such Existing Attachments. (b) Fee Adjustment. On the first day of January of each calendar year starting in 2024 that this Agreement is in effect, the annual fee shall be adjusted in accordance with the most current pole cost data compiled by FPL. FPL shall bill semi- annually in advance for the semi-annual installments of the annual fee. The payment of the Attachment fee hereunder shall include such pro rata amount as may be due for the increased Attachments or change in use to FPL poles since the previous billing date. An Attachment or change in use of an Attachment to any FPL pole without notification of Attachment or change in use or FPL's authorization shall be deemed to have been made on the Effective Date or the date of the last survey, whichever is later. FPL's acceptance of payment for unauthorized Attachment shall not constitute a waiver of any other rights or remedies under this Agreement or at law. Payment shall be made within forty-five (45) days of the date of invoice and under the terms and conditions provided in Section 4.7. (c) Essential Service Attachments. Licensee shall not pay an Attachment fee for those Attachments exclusively dedicated for the operation and maintenance of traffic signals or essential community services such as emergency communications. Licensee is obligated to notify FPL promptly, and report the number of Attachments impacted, if any applicable portion of the System is used for any other purpose. The number of Attachments dedicated for the operation and maintenance of traffic signals or essential community services shall be set forth on Exhibit D when updated by Licensee and FPL after the Effective Date. Confidential 10 Linear Facilities Attachment Agreement 1161261YA (d) Unauthorized Attachments. A New Attachment to an FPL pole without notification of New Attachment or FPL's authorization (each, an "Unauthorized Attachment") shall be deemed to have been made on the Effective Date or the date of the last survey, whichever is later. If the Unauthorized Attachment is identified by survey, the "last survey" shall mean the survey immediately prior to the survey which identified the Unauthorized Attachment. FPL's acceptance of payment for Unauthorized Attachments shall not constitute. a waiver of any other rights or remedies under this Agreement or at law. Any Unauthorized Attachment to a transmission pole without distribution underbuilt shall be immediately removed by FPL at the sole cost of Licensee and with no liability or consequences therefore accruing to FPL. (e) Unauthorized Attachment Fee. Licensee shall pay FPL an Unauthorized Attachment fee in the amount of 2 and 1/2 times the pole attachment rate to distribution poles and 1 and 1/2 times the pole attachment rate to transmission poles (each, an "Unauthorized Attachment Fee") for the year in which the Unauthorized Attachment was discovered. This Unauthorized Attachment Fee shall be paid from the date of discovery back to the date of the last physical survey for any Attachment to FPL Poles. If an Unauthorized Attachment is identified by survey, the "last survey" shall mean the survey immediately prior to the survey which identified the Unauthorized Attachment. FPL's acceptance of the payment of the Unauthorized Attachment Fee or consent to waive payment of all or a part of the Unauthorized Attachment Fee shall not constitute a waiver of any of FPL's other rights or remedies under this Agreement or at law. Licensee shall have the burden of proving that an Attachment is an authorized Attachment by providing FPL with a copy of the FPL Attachment Permit. Any Unauthorized Attachment to a distribution pole may be removed at the discretion of FPL and at the sole cost of Licensee. Any Unauthorized Attachment to a transmission pole without distribution underbuilt shall be immediately removed by FPL at the sole cost of Licensee and with no liability or consequences therefore accruing to FPL. 4.3 Transfer and Intermediate Pole Attachment Fees. (a) Distribution Transfer Fee. Subject to Section 4.4, Licensee shall pay FPL the total actual cost incurred by FPL for each portion of the System that has been removed or Transferred as stated in Section 3.6 by FPL ("Rearrangement, Transfer or Intermediate Pole Attachment"). (b) Transmission Pole OPGW Transfer Fee. Subject to Section 4.4, Licensee shall reimburse FPL for the total actual cost incurred by FPL in transferring OPGW in accordance with the terms of this Agreement. 4.4 Rearrangement Cost. (a) Licensee's Cost for Distribution and Transmission Poles with Distribution Underbuilt. If FPL does a Rearrangement of its poles or pole line or changes the existing pole line alignment and as a consequence thereof does a Rearrangement of all or the applicable portion of the System to FPL's relocated pole line, the fee for Transfer does not apply and Licensee shall pay the direct and indirect costs of such Rearrangement. If the Rearrangement is necessitated by a third party that is not considered an attaching entity and the Rearrangement is not reimbursable by such third party, Licensee is responsible for the Rearrangement of the System, or applicable Confidential 11 Linear Facilities Attachment Agreement 1161261230 portion thereof, at its own expense. If such Rearrangement is reimbursable by the third party, Licensee is responsible for dealing directly with and obtaining its own reimbursement from such third party. Additionally, Licensee is responsible for coordinating the Rearrangement of its Attachments with the Rearrangement schedule of the third party. FPL will not be responsible for delay claims caused by failure of Licensee to meet the Rearrangement schedule of a third party. Payment for Rearrangement work will be made by Licensee as stated in Sections 4.6 and 4.7 below. (b) Licensee's Option to Purchase. If, however, FPL gives Licensee ninety (90) days written notice of its intent to abandon a pole or pole line containing poles with Attachments of Licensee, and if only Attachments remain on the pole and if Licensee has obtained all necessary permits or easements from the fee owner, Licensee shall have the option to purchase the pole from FPL. 4.5 All Other Services Necessary to Maintain Licensee's OPGW System. The Licensee shall reimburse FPL for all other necessary and/or requested services required by the Existing Attachments or New Attachments to transmission poles the total actual cost incurred by FPL. (a) Make -Ready Work and Rearrangement Work. Licensee agrees to pay FPL in advance the full Lump Sum amount for Make -Ready Work and Rearrangements. This Lump Sum amount is non-refundable; provided however, if this Agreement is terminated, Licensee shall be responsible for the costs actually incurred by FPL and any additional cost incurred by FPL to restore FPL's facilities to complete operational capability and FPL shall refund the balance. (b) Inspecting, etc. In addition., to the above charges, FPL shall bill Licensee for actual costs incurred for inspections, surveys, expenses and other charges (excluding Attachment fees and the Lump Sum payment) under this Agreement, as incurred. Payment shall be made within thirty (30) days of the date of invoice and under the terms and conditions provided in Section 4.7, below. 4.7 Payment and Charges. All payments and charges to be paid by Licensee under this .Agreement shall be made pursuant to the Local Government Prompt Payment Act, Chapter 218, Part VII, Florida Statutes. 4.8 Limitation. The provisions of this Article 1V shall be subject to and limited by the provisions of the last sentence of Section 3.10. ARTICLE V REMOVAL 5.1 Notice. Licensee, after prior written notice to FPL, may remove its Attachments in the Communications Space from any distribution pole or transmission pole with distribution underbuilt and shall give FPL written notice, in the form of Exhibit B, of actual removal within fifteen (15) working days after removal. Licensee shall exercise care and take prepautions to avoid damage to the FPL Facilities and to the attachments of Other Users and Confidential 12 Linear Facilities Attachment Agreement 116126081.10 231 shall immediately report any damage to FPL and to the Other Users of the damaged facilities. FPL, at Licensee's cost, shall be responsible for removing any portion of the System in the Supply Space and OPGW from transmission poles. 5.2 Immediate Removal. Upon written notice that the use of an FPL pole is forbidden or unauthorized by state, county, or municipal authorities or upon any final administrative or judicial decision that. Licensee has no right to attach to any FPL pole without consent of the real property owner, the permit covering the use of the FPL pole shall immediately terminate and Licensee shall remove the applicable portion of its System from the affected FPL pole. Licensee shall hold harmless, defend and indemnify FPL against all liabilities arising from or associated with Licensee's failure to obtain the necessary permits, if any, from the owner of the real property or government authorities. Such obligation to hold harmless and indemnify FPL shall be subject to the limitations set forth in section 768.28, Florida Statutes, as may be applicable. The termination rights under this Agreement shall not be affected by this Section. 5.3 Licensee's Expense. All removals of any applicable portion of the System from FPL poles shall be at the sole expense of Licensee. Any corrections or Rearrangement required by FPL or others as a result of Licensee's removal shall be at the sole expense of Licensee. 5.4 Abandonment If FPL desires, or, at any time is required to abandon any pole(s), it shall give Licensee notice in writing of its intent to do so at least thirty (30) days prior to the date on which it intends to abandon such pole(s). If, at the expiration of such period, or upon removal of FPL's Facilities, whichever occurs later, Licensee shall not have removed all of its Attachments therefrom, and if the Attachments remain on the pole(s), such pole(s) shall then become the property of Licensee, and Licensee shall: (a) obtain necessary permits or rights of way from the land owner and (b) indemnify and save harmless FPL from all obligation, liability, damages, costs, expenses or charges incurred thereafter arising from the presence or condition of such pole(s), or any Attachments thereon. FPL shall not have further responsibility or liability for such pole. Such obligation to hold harmless and indemnify FPL shall be subject to the limitations set forth in section 768.28, Florida Statutes, as may be applicable. 5.5 Limitation. The provisions of this Article V shall be subject to and limited by the provisions of the last sentence of Section 3.10. ARTICLE VI RESERVATION OF RIGHTS, LIMITATION OF LIABILITY AND INSURANCE 6.1 Reservation of Rights and Release by Licensee. Except as otherwise provided in this Agreement, FPL reserves to itself, its successors and permitted assigns, the right to maintain its poles and to operate the FPL Facilities thereon in such manner as will best enable it to fulfill its own service requirements and in accordance with the NESC and any applicable amendments, revisions or subsequent editions to NESC and such specifications particularly applying to FPL hereinbefore referred to. FPL shall not be liable to Licensee for any interruption to service of Licensee or for interference with the operation of the System arising in any manner out of the use of FPL's poles by Licensee, FPL, or Other Users except to the extent caused by FPL's negligence or willful, wanton or intentional misconduct of FPL, its employees, officers or directors. Licensee hereby releases and waives all rights against FPL Confidential 13 Linear Facilities Attachment Agreement 116126023 for such interruptions or interference, except to the extent due to or caused by the negligence of FPL or willful, wanton or intentional misconduct of FPL, its employees, officers or directors. 6.2 No Consequential Damages. In no event shall either Licensee or FPL be liable to the other for any indirect, special incidental or consequential damages, including lost profits, regardless of whether informed of the same. 6.3 Indemnification. Except for FPL's gross negligence or intentional misconduct, Licensee shall exercise its privileges hereunder at its own sole risk .and, in consideration of this Agreement, except for FPL's gross negligence or intentional misconduct, shall release, indemnify, protect, defend and save harmless FPL, its parent, subsidiaries, affiliates and their respective officers, directors, agents and employees (FPL Entities) from and against any and all claims and demands whatsoever including court costs and reasonable attorney's fees by reason of damage to property and injury or death to persons, including payments made under any Workers' Compensation Law or under any plan for employees' disability and death benefits, which may arise out of or be caused, by Licensee's negligence resulting in connection with or by the erection, maintenance, presence, use, transfer or removal of Attachments. Such obligation to hold harmless and indemnify FPL shall be subject to the limitations set forth in section 768.28, Florida Statutes, as may be applicable. 6.4 Insurance. (a) By Licensee. If Licensee utilizes its own personnel and automobile equipment in the performance of this Agreement, the following shall apply: Licensee shall obtain liability insurance as of the date of this Agreement and maintain during the term of this Agreement insurance which shall be amended or endorsed to include FPL, its parent, subsidiaries and affiliates and their respective officers, directors and employees as Additional Insureds to protect them against any and all claims, demands, actions, judgments, cost, expenses and liabilities of every nature, including attorney fees, which may result directly or indirectly under the_ terms of the above indemnification. The limit applying to this Agreement shall equal the highest limit applicable to any other exposure covered under the policy. The policy(ies) shall be endorsed to be primary to any insurance maintained by FPL, its parent, subsidiaries or affiliates. As a minimum, the coverages shall include the following: (i) Workers' Compensation Insurance for statutory obligations imposed by Workers' Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Workers' Act, the Federal Employers' Liability Act and Jones Act. Employers' Liability Insurance shall be provided with a limit of one million dollars ($1,000,000) per accident. (ii) Commercial General Liability Insurance, including Broad Form Contractual Liability, with the following minimum limits of liability; Bodily Injury Liability and Property Damage Liability - One million dollars ($1,000,000) Confidential 14 Linear Facilities Attachment Agreement 116126081.1239 combined single limit and three million dollars ($3,000,000) occurrence aggregate. (iii) Commercial Automobile Liability Insurance with the following limits of liability, which shall apply to all owned, non -owned, leased and hired automobiles used, by Licensee in the performance of the Work: Bodily Injury Liability and Property Damage Liability - one million dollars ($1,000,000) combined single limit and three million dollars ($3,000,000) occurrence aggregate. (b) Duration. In the event that any policy furnished by Licensee provides for coverage on a "claims made basis, the retroactive date of the policy shall be the same as the Effective Date. Furthermore, for all policies furnished on a "claims made basis," Licensee's providing of such coverage shall survive the termination of this Agreement until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort. If coverage is on an "occurrence" basis, such insurance shall be maintained by Licensee during the entire term of this Agreement. (c) Form. Licensee shall procure and maintain at its own expense the above minimum insurance coverage and shall provide evidence of the minimum insurance coverage by providing an ACORD or other Certificate of Insurance on forms and with insurance companies acceptable to the Risk Management Department of Florida Power & Light Company, before any work under the contract begins. (d) Self -Insurance. Notwithstanding the foregoing, Licensee at its option may self -insure the above insurance requirements after providing FPL with a written statement that Licensee intends to self -insure, together with a letter of assets, financial statements and any other documentation reasonably necessary to satisfy FPL that Licensee has the financial capability to self -insure. 6.5 Contractor Indemnification. Licensee further agrees to include, in substantially the following form, the following indemnification in all contracts with. contractors who perform construction or maintenance work on or around the System: "The Contractor hereby agrees to release, indemnify, defend, save and hold harmless Licensee and Florida Power& Light Company, its parent, subsidiaries, affiliates and their respective officers, directors and employees (hereafter referred to as the "FPL Entities") and other owners of equipment attached to the Pole from all claims, actions, causes of action, damages, demands, liabilities, costs and expenses, including attorney fees and court costs through any appellate process and administrative process, arising from or in connection with the performance of the described work by Contractor, its subcontractor, agents or employees, except to the extent a court of competent jurisdiction finally determines that any such bodily injury (including death) or property damage covered by this provision was caused by the gross negligence or willful, wanton or intentional misconduct of FPL, its employees, officers or directors. Contractor's indemnity per occurrence shall not exceed the sum of Three Million Dollars ($3,000,000.00) for claims arising from a single occurrence. If Contractor is insured for liability with limits in excess of Three Million Dollars ($3,000,000.00), Contractor's indemnity obligation shall extend up to but shall not exceed the higher limits of that insurance. The limits of Confidential 15 Linear Facilities Attachment Agreement 116126081.10 234 Contractor's indemnity obligation under this section shall not apply to or limit Contractor's responsibility for attorneys' fees and costs. The selection of counsel by Contractor or by its insurer to represent and defend the FPL Entities shall be subject to the prior written approval of FPL which approval will not be unreasonably withheld. Contractor and/or its insurer shall not, without the prior written consent of FPL, which consent will not be unreasonably withheld, enter into the settlement or compromise of any claim brought against FPL which is the subject of indemnification under this Agreement." 6.6 Disclaimer of Warranties. Licensee covenants, represents and warrants that Licensee is solely responsible for making its own determination as to the suitability of FPL's Facilities (including poles) for Licensee's intended purpose. LICENSEE ACKNOWLEDGES THAT FPL HAS NOT MADE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR AT COMMON LAW OR OTHERWISE RELATING TO ANY DISTRIBUTION POLE OR OTHER FPL FACILITIES, INCLUDING WITHOUT LIMITATION, THE CONDITION OF ANY POLE OR FPL FACILITIES AND ANY IMPLIED OR EXPRESSED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, ENVIRONMENTAL CONDITION, OR GEOLOGIC CONDITION. IN FURTHERANCE OF THE FOREGOING, FPL EXPRESSLY DISCLAIMS AND NEGATES, AND LICENSEE HEREBY WAIVES: (a) ANY IMPLIED OR EXPRESSED WARRANTY OF MERCHANTABILITY, (b) ANY IMPLIED OR EXPRESSED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (c) ANY IMPLIED OR EXPRESSED WARRANTY OF FITNESS TO MODELS OR SAMPLES OF MATERIALS, (d) ANY CLAIM FOR DAMAGES BECAUSE OF ANY LATENT OR PATENT DEFECTS OR OTHER DEFECTS, WHETHER KNOWN OR UNKNOWN, AND (e) ANY AND ALL IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW. FPL AND LICENSEE AGREE THAT THE DISCLAIMERS OF CERTAIN WARRANTIES CONTAINED IN THIS SECTION ARE CONSPICUOUS DISCLAIMERS. 6.7 Contractor Insurance. Licensee agrees to require its Contractors to obtain insurance to cover the indemnity set forth in Section 6.5, and to designate FPL as an additional insured and to endorse the policy to be primary to any insurance obtained by FPL, its parent, subsidiaries or affiliates. Licensee further agrees to verify with its Contractors that such insurance is in full force and effect. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 Breach. If Licensee fails to comply with any of the provisions of this Agreement or defaults in any of its obligations under this Agreement, including but not limited to safety, violation of the NESC or FPL requirements, and failure to pay, and fails within thirty (30) days after written notice from FPL (or immediately upon notice of a safety violation) to correct such default or non-compliance, FPL may at its option terminate this Agreement in whole or part. 7.2 Non -waiver. Failure to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. Confidential 16 Linear Facilities Attachment Agreement 1161260 99 7.3 Non -Exclusive Right. Nothing in this Agreement shall be construed to confer on Licensee an exclusive right to place Attachments on FPL's poles in the area covered by this Agreement, and it is expressly understood that FPL has the unconditional right to permit Other Users to place Attachments on the same poles, other than any poles abandoned by FPL and purchased by Licensee, in the area covered in this Agreement and supplements thereto. 7.4 No Property Right. No use, however extended, of FPL's poles, under this Agreement, shall create or vest in Licensee any ownership or property rights in such poles, but Licensee's rights therein shall be and remain a mere license. Nothing herein contained shall be construed to compel FPL to maintain any of such poles for a period longer than demanded by FPL's own service requirements. FPL reserves the right to deny to Licensee a license as to any New Attachments if FPL determines such New Attachments will interfere with the integrity of FPL's system or service requirements, including considerations of economy and safety. 7.5 Assignment. Licensee shall not assign or transfer the privileges hereby granted without the prior written consent of FPL which consent shall not be unreasonably withheld; provided, however, that any one or more of the members of Licensee may freely assign its or their rights and delegate its or their duties under this Agreement, in whole or in part, to either or both of the remaining members of Licensee. 7.6 Successors and Assigns. 7.5 above, this Agreement shall extend to and the parties hereto. Subject to the provisions of Sections 7.4 and bind the successors and permitted assigns of 7.7 Notice Under this Agreement. All notices, communications and deliveries required or permitted under this Agreement shall be in writing and shall be delivered personally, sent by overnight commercial air courier (such as Federal Express), or mailed, certified or registered, postage prepaid, return receipt requested, to the parties at the addresses hereinafter set forth: If to Licensee: City of Vero Beach 1053 20th Place Vero Beach, FL 32960 Attention: City Manager with copy to: City of Vero Beach 1053 20th Place Vero Beach, FL 32960 Attention: City Attorney Indian River County 1801 27th Street, Building A, Vero Beach, FL, 32960 Attention: County Administrator Confidential 17 Linear Facilities Attachment Agreement 1161260�131Q with copy to: Indian River County 1801 27th Street, Building A, Vero Beach, FL, 32960 Attention: County Attorney School Board of Indian. River County 6500 57th St. Vero Beach FL 32967 Attention: Superintendent of Schools with copy to: Suzanne D. Agresta, Attorney at Law 111 N. Orange Avenue, Suite 2000 Orlando, FL 32801 If to FPL: Florida Power & Light Company 700 Universe Boulevard EMT/JB Juno Beach, FL 33408 Attention: EMT Contracts Department with copy to: Florida Power & Light Company 700 Universe Boulevard JB/Law Juno Beach, FL 33408 Attention: General Counsel A notice delivered personally or by courier, under the terms of this Section, will be deemed given when received. A notice sent by mail will be deemed given five (5) days after mailing in accordance with this Section. Either party may change the address for notices under this Section, or the individual or officer to whom such notices are to be given, by giving notice of such change in accordance with the provisions of this Section. 7.8 Severability. Should any part of any Section or provision of this Agreement be determined by a court of competent jurisdiction to be illegal, unenforceable or in conflict with any applicable law, the validity enforceability of the remaining Sections or provisions shall not be impaired. 7.9 Applicable Law: Venue: No Jury Trial. The validity, interpretation and enforcement of this Attachment Agreement shall be governed by the laws of Florida without regard to conflict of law applications. Confidential - 18 Linear Facilities Attachment Agreement 116126011, f THE PARTIES HERETO AGREE THAT VENUE IN ANY AND ALL ACTIONS AND PROCEEDINGS RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT SHALL BE IN THE CIRCUIT COURT OF THE STATE OF FLORIDA IN INDIAN RIVER COUNTY, FLORIDA, WHICH COURT SHALL HAVE EXCLUSIVE JURISDICTION FOR SUCH PURPOSE AND THE PARTIES HERETO IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURT AND IRREVOCABLY WAIVE THE DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF ANY SUCH ACTION OR PROCEEDING. SERVICE OF PROCESS MAY BE MADE IN ANY MANNER RECOGNIZED BY SUCH COURT.. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY ACTION OR CLAIM ARISING OUT OF ANY DISPUTE IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES HERETO TO ENTER INTO THIS AGREEMENT, AND SHALL SURVIVE THE CLOSING OR TERMINATION OF THIS AGREEMENT. 7.10 Amendment: Modification. This Agreement may not be amended, modified or supplement, except by written agreement of FPL and Licensee. 7.11 Entire Agreement. This Agreement, including the Exhibits hereto, embody the entire agreement and understanding of FPL and Licensee in respect of the subject matter of this Agreement and supersede all previous oral and written agreements and understandings and all contemporaneous oral negotiations, negotiations,. representations, warranties, commitments and understandings relating to the subject'matter of this Agreement. [Signatures appear on the following pages] Confidential 19 Linear Facilities Attachment Agreement 1161260N The Parties have caused this Agreement to be duty executed the day and year first above written. LICENSOR: FLORIDA POWER & LIGHT COMPANY By: Print Name: Title: LICENSEE: ATTEST: Tammy K. Bursick City Clerk (City Seal) CITY OF VERO BEACH, FLORIDA Harry Howle III Mayor ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Reviewed and approved as to form and legal sufficiency (exclusive of final exhibits, schedules, and attachments): Wayne R. Coment City Attorney Approved as conforming to municipal policy: James R. O'Connor City Manager [Signature Pages to Pole Attachment Agreement — FPL, City of Vero Beach, Indian River County and School Board of Indian River County] 239 ATTEST`. Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator BOARD OF. COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as Chairman Approved by BCC: , 2018. Approved as, to form and legal sufficiency: Dylan Reingold, County Attorney THE SCHOOL BOARD OF INDIAN RIVER COUNTY By: Print Name: Chairman Dated: Attest: By: Mark J. Rendell; Ed.D.., Superintendent [Signature Pages to Pole Attachment Agreement — FPL; City of Vero Beach, Indian River County and School Board of Indian River County] 240 EXHIBIT A WIRELINE ATTACHMENT APPLICATION AND PERMIT [Solely for Wireline Attachments that will not be attached or connected in any way to Existing Attachments in the Supply Space] Governmental Entity TYPE OF APPLICATION , (Check One) New Foreign Date submitted by Licensee ❑ Make -Ready ❑ Non Make -Ready Existing Removal Date received by FPL I. APPLICATION In accordance with the terms of the Linear Facilities Pole Attachment Agreement dated December , 2018, by and among the City of Vero Beach, the School Board of Indian River County, and Indian River County and Florida Power & Light Company (the "Agreement"), application is hereby made for permit to make Attachment to the following poles. Location City: County: , Florida Pole Numbers Pole Locations (Indicate which poles require Make -Ready Work) Terms not defined in this Application shall be as defined in the Agreement. The undersigned entity certifies that the attachments shall be in compliance with the latest edition of the. National Electric Safety Code and FPL requirements. Licensee: By: NAME (PRINT) SIGNATURE TITLE . PHONE FAX E-MAIL II. PERMIT Estimated Make -Ready Cost Permit Granted (Subject to your approval of Make -Ready Work Cost) $ Payable in advance. Permit Denied , Permit Number Total Previous Poles 241 FLORIDA POWER & LIGHT COMPANY Poles this Permit New Total Poles By: Title: Corresponding Permits Ill. GENERAL CONDITIONS 1. A "Make -Ready Work" permit will automatically expire if Attachments are not made and completed within 60 days after notification in writing to Licensee by.FPL that Make -Ready Work has been completed. 2. A "Non Make -Ready" permit will automatically expire if attachments are not made and completed within 60 days after date of approval and is subject to field conditions and facilities on each pole at the time attachment is made. Licensee shall be required to bear any and all "Make -Ready Work" cost necessitated by previous Attachments. 3. If permit is granted under Section II above, this permit automatically expires, as to the affected poles 30 days after written notice to Licensee that FPL intends to abandon a particular pole line. Within 30 days after such notice, Licensee shall either remove its attachments from those poles or obtain all necessary permits and easements, at the discretion of FPL, arrange to purchase such poles from FPL. (OVER) Attachment Criteria — Communication Space NON JOINT USE POLE (no telephone) Gov— FPL Neu"l Code clearance 4l1" --------- --------------- 3'd arty Antenna 1' 21 Communication Company 1' 1 n Communication Company Fig. t JOINT USE POLE . (power & telephone) Code.clearance ---------------- Fig. 2 2n° Communication Company 19 Communication Company The 111 cable attachment will be located at a height providing minimum The 111 cable attachment will be located 1' above telephone's clearance over roads, obstacles, etc. highest cable Attachment All additional cable or antenna attachments will be located 1' above the The 2^d cable Attachment will be located 1' above the existing highest existing communication cable, with antenna highest. The antenna Attachment will be a minimum of 1' above highest The antenna attachment will be a minimum of 1' above highest cable. communication cable. Only one antenna Attachment permitted Only one antenna attachment permitted per pole. per pole. NOTE: No cable or antenna Attachment placed in the Communication Space will compromise the 40" NESC code clearance space. NOTE: By signing this document, applicant acknowledges that FPL tags poles for replacement and that the form of the tags utilized by FPL may change from time to time and that Applicant, its employees, contractors, subcontractors and agents are familiar with FPL's pole tagging convention and any modifications to that convention, including the form of tag utilized, prior to performing any work or installation on or around any FPL pole. NOTE: Applicant also acknowledges that FPL's poles routinely have attachments that emit RF radiation. Licensee is required to familiarize itself, instruct and wam their employees, agents, contractors and subcontractors who are working around these devices, prior to. performing any work or installation on or around any FPL pole. Space Allocation Ground Fib It� �Piment Agreement 116126011�11 N I � ID Tag` II J- Antenna Fig. 3 Fig. 4 POLE ATTACHMENT LOCATION Attachment is limited to the Communication Space. All main cable attachments shall be located either on the same side of the pole as FPL's neutral or on one common adjacent side. No main line cable attachments shall be located on the side of the pole opposite FPL's neutral. All electrical connections must be made off the pale. No more than two risers will be allowed per pole. Keep in mind, FPL's electric service to Licensee may be one of these risers. IDENTIFICATION TAG Each separate attachment shall be identified in accordance with guidelines developed by the FUCC or FPL. Each company shall register their unique ID tag with the FUCC's Joint Use Subcommittee or FPL. Antenna. ID tags shall be installed at every pole attachment. Cable ID tags shall be installed at the first and last pole Attachment as well as every fifth pole Attachment and at every street intersection. Fiber Attachment Agreement 116126q$11 EXHIBIT B NOTIFICATION OF ATTACHMENT/REMOVAL Govemmental Entity In accordance with the terms of the Linear Facilities Pole Attachment Agreement Attachment ❑ dated December , 2018, by and among the City of Vero Beach, the School Removal ❑ Board of Indian River County, and Indian River County and Florida Power & Light Company (the "Agreement"); please (add to) or (delete from) your records the following poles to which (Attachments) or (removals) were made during this calendar month. Terms not defined in this Notification shall be as defined in the Agreement. Pole Numbers Date Added Date Deleted Permit Number Pole Locations Number of Poles Total Attachment this Notice: Added Fiber Attachment Agreement 1161260$11 Q Removed Total Previous Attachments Total Attachments to Date Company Licensee - By: Name (Print) Signature Title Ext. Phone Fax E -Mail Florida Power & Light By: Title: Date Received Notice Number: Form 17108 (Non -Stocked) Fiber Attachment Agreement 1161260�1�1W EXHIBIT C FIBER OPTIC SERVICE LEVEL GUIDELINES Terms not defined in these Guidelines shall be as defined, if defined, in the Linear Facilities Pole Attachment Agreement dated December , 2018, by and among the City of Vero Beach, the School Board of Indian River County, and Indian River County and Florida Power & Light Company (the "Agreement"). FPL Transmission/Substation Operations shall provide to Licensee specific services relating to the restoration of and scheduled work related activities on the System located in the FPL substations and OPGW cables attached to FPL transmission poles and in the Supply Space on FPL transmission poles. Transmission/Substation Operations: The safety of employees and the integrity of the FPL electric system shall have priority over the services that FPL agrees to provide to Licensee. Notwithstanding the forgoing, the Transmission/Substation Operations unit of FPL shall provide the following services to Licensee 24 hours per day, 7 days per week. The Transmission/Substation Operations unit of FPL shall be responsible for scheduled work and restoration of unscheduled outages on OPGW cables attached to transmission poles, 24 hours per day, 7 days per week. Emergency restorations may be either temporary or permanent in nature. Transmission/Substation Operations shall respond to all confirmed fiber breaks immediately upon notice by Licensee to Transmission/Substation Operations. An outage on the fiber optic network for which Transmission will provide restoration services is defined as the failure of one or more optical fibers to provide an optical link that meets the requirements of the equipment connected to the fibers. Transmission/Substation Operations shall assign a coordinator and dispatch the appropriate resources to the damaged area and provide restoration service once this area is determined and communicated by Licensee. FPL's Responsibilities for Unscheduled Outages: ■ Designate a Transmission/Substation Operation coordinator for each break. ■ Dispatch appropriate resources ■ Upon arrival at the site of the damaged fiber optic facility, Transmission/Substation Operations personnel shall help Licensee personnel determine the precise location of the damage. ■ With Licensee coordinator, jointly make the decision whether a permanent or temporary repair is needed considering that personnel safety and the integrity of the power transmission system take priority. ■ Assist in determining the safest cable repair alternative. ■ Insure appropriate equipment is at.the restoration site. Fiber Attachment Agreement 11612601¢19 ■ Obtain and hold transmission & distribution line clearances (as required). ■ Get damaged cable into position for splicing to temporary cable. ■ Make the restoration area safe for the general public. ■ Install permanent fiber optic cable and associated hardware if temporary repair is not possible. • Restore the restoration area from any damaged fiber or materials used during outage. ■ Maintain and provide .an accurate and up to date Transmission/Substation Operations escalation list to Licensee. ■ Re -attach replacement cable in the same manner as the affected cable was attached, in accordance with the Agreement. • Design permanent restoration fiber optic cable installation • Provide invoice to Licensee Temporary Repairs: Licensee and Transmission/Substation Operations will jointly make the decision whether a temporary or permanent restoration is needed giving consideration that personnel safety and the integrity of the Transmission system take priority. In the case where emergency restoration is not possible due to line outage constraints or power system reliability issues, a temporary or a permanent repair shall be started immediately upon removal of constraints. Licensee will be invoiced for these repairs. Permanent Repairs: Permanent repairs shall be performed following temporary repairs and shall be completed within a mutually agreeable maintenance window. In the case where temporary repairs cannot be performed due to traffic or railroad crossings, a permanent repair shall start immediately. In the case where emergency restoration is not possible due to safety or line outage constraints or power system reliability issues, a temporary or a permanent repair shall be started immediately upon removal of constraints. Licensee will be invoiced for these repairs. FPL's Responsibilities for Scheduled Work FPL, shall be responsible for scheduled work related activities, which include but are not limited to, all routine, ordinary maintenance and repairs in order to maintain the quality and integrity of the fiber optic cable, attachments, enclosures, etc. throughout the OPGW network. FPL shall perform the following work activities upon notice by Licensee: ■ Design projects to repair any defective or damaged fiber optic cable, fiber optic attachments, conduits, hand holes, splice boxes, and all other related fiber optic cable equipment. Fiber Attachment Agreement 1161260$%1Q ■ Upon Licensee request, design and construct replacement facilities for existing OPGW attachments. ■ Perform permanent fiber optic cable placement after emergency temporary Restoration. ■ Assist in accessing or provide access information to remote transmission sites, e.g. transmission right-of-way.; wetlands, etc. ■ Provide amphibious vehicles, all -terrain vehicles and or boats to access the work sites for scheduled work on transmission facilities. Licensee Access to FPL Substations Until Licensee has fully relocated the applicable portion of the System out of the FPL substations, FPL shall provide access to Licensee into all Transmission and Distribution substations or any other FPL Facility where Licensee has telecommunication facilities. This access shall be subject to the terms and conditions of the Substation Access and License Agreement executed between FPL and Licensee. Licensee Responsibilities Licensee shall provide the following, 24 hours per day, 7 days per week:. ■ Provide a point of contact for FPL to report trouble and unscheduled outages on FPL SCADA and Relay systems utilizing Licensee's optical fibers ■ An emergency fiber optic restoration outage coordinator ■ Coordination functions of emergency and non -emergency splicing, cable preparations, fiber enclosures, testing activities ■ Communication between Licensee's users and any third party seeking network information. ■ Maintain an adequate supply of spare OPGW and attachment hardware for repair of unscheduled outages. Licensee shall assume responsibility for maintaining all network documentation. During emergency restorations, Licensee and Transmission/Substation Operations will jointly make the decision whether a temporary or permanent restoration is needed considering that personnel safety and the integrity of the power transmission system take priority. Licensee will respond to all fiber optic outage notifications immediately and will confirm that an actual fiber break has occurred before contacting Transmission/Substation Operations. Licensee shall locate the trouble area and communicate location of trouble to the Transmission/Substation Operations Duty Supervisor and the splicing restoration crew assigned to the area. Licensee shall physically locate the troubled area with the assistance of the Transmission/Substation Operations crew when they arrive on site, and perform all optical fiber testing required to locate the problem. In the case where temporary splicing can be done, Licensee shall be responsible for coordinating splicing crews and splicing materials needed to restore the fiber. Fiber Attachment Agreement 1161260$11 1 Licensee Responsibilities for Unscheduled Outages ■ Assign an outage coordinator to communicate and manage all restoration activities. ■ Notify the Area Transmission Duty Supervisor and splicing crew. of the fiber break. ■ Assign Licensee field representative to coordinate with Transmission crews. ■ Communicate with Transmission/Substation Operation on the restoration type. ■ Locate fiber optic damage. ■ With the Transmission/Substation Operations Coordinator, jointly make the decision whether a permanent or temporary repair is needed considering that personnel safety and the integrity of the Power Transmission system take priority. ■ Communicate with the FPL and affected customers on the restoration status. ■ Determine the material required to make the chosen repair. ■ Coordinate the timely delivery of material to job site. = Coordinate splicing crews, testing and splicing materials. ■ Insure that all replacement cable and splices meet the requirements of the specifications of Licensee prior to installation. All fibers in a cable that has been repaired_shall be tested for compliance and the results documented. ■ Activate Licensee fiber equipment/verify proper operation of light path. ■ Protect the temporary fiber optic cable until final restoration complete. ■ Document all as installed. ■ Document the restoration effort. Licensee Responsibilities for Scheduled Work Licensee shall coordinate and support the_following activities related to Scheduled Work: ■ Fiber optic cable reel testing. = Non -emergency fiber optic reel storage and transferring. = Coordinate the timely delivery of material to job site. ■ Fiber optic cable prepping, enclosure setup and splicing. ■ Fiber optic testing and acceptance. ■ Insure that all replacement cable and splices meet the requirements of the specifications of Licensee prior to installation. All fibers in a cable that has been repaired shall be tested for compliance and the results documented. ■ Update network documentation. ■ Obtain fiber network outage windows for line/pole relocations. Term of This Exhibit C This Exhibit C may be revised or replaced by some other mechanism at any time upon the written consent of both Licensee and FPL. This Exhibit shall be effective for an initial term of two (2) years commencing with the Effective Date and ending on midnight immediately preceding the two (2) year anniversary of the Effective Date. Following the (2) year anniversary, if not replaced, this Exhibit will continue to be in force until terminated. From this point, either party may terminate this Exhibit C for any or no cause with ninety (90) days' notice; however, some agreeable level of service guidelines must be put in place if the System remains in the FPL Supply Space. Fiber Attachment Agreement 11612601'4§ Exhibit D [TO BE UPDATED POST -EFFECTIVE DATE] Fiber Attachment Agreement 1161260J� Q EXHIBIT L-1 Form of Fiber License Agreement 113078845.8 251 L-1 FIBER LICENSE AGREEMENT BETWEEN THE CITY OF VERO BEACH AND FLORIDA POWER & LIGHT COMPANY THIS FIBER LICENSE AGREEMENT (this "License Agreement") is made this _ day of , 20_ by and between the City of Vero Beach, Florida, a municipal corporation organized under the laws of the State of Florida (the "C"), the School Board of Indian River County, Florida, with an address of 6500 571' St., Vero Beach, FL 32967 (the "School Board"), and Indian River County, a political subdivision of the State of Florida with an address of 1801 27th street, Building A, Vero Beach, FL 32960 (the "County' and together with the School Board and City, the "LICENSOR"), with an address of 1053 20th Place, Vero Beach, Florida and Florida Power &Light Company, a Florida corporation (hereinafter "Licensee"), with a principal office at 700 Universe Boulevard, Juno Beach, Florida 33408. LICENSOR AND LICENSEE may individually be referred to herein as a "Tgty", and together as the "Parties". WITNESSETH WHEREAS, the Parties have entered into an Asset Purchase and Sale Agreement dated as of , 2017(the "APA") in connection with Licensee's acquisition of substantially all of the assets of LICENSOR's electric system; and WHEREAS, the APA requires that the Parties enter into and deliver this Agreement at the Closing, as defined in the APA; NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I ADOPTION AND INCORPORATION OF RECITALS The above recitals are true and correct and by this reference are incorporated herein and made a part of this License Agreement. ARTICLE II DEFINITIONS Each defined term shall have the meaning set forth in this Article II. except that all terms used herein and not defined herein shall have the meanings assigned to them in the APA. When used.herein with initial or complete capitalization whether in the singular or in the plural, the following terms shall have the following meanings: "Consortium" means the School Board of Indian River County, Indian River County, and LICENSOR, all of which are parties to the Interlocal Agreement. 11 3078 84 5.8 252 "Fiber Acceptance Date" means the date that LICENSEE accepts or conditionally accepts the Licensor Fiber Optic Strands as set forth Article VII herein. "Interlocal Agreement" means the Revised and Restated Joint Fiber Optics Project Interlocal Agreement, made as of May 19, 2015, by and among the School District of Indian River County, Indian River County, and LICENSOR, as such Agreement may be amended or superseded from time to time. "Licensee Facilities" means any telecommunications equipment owned by LICENSEE, including the cables, conduit, bays, panels, jacks, ironworks, associated electronics, fiber optic termination equipment, regenerators, power sources and other related equipment owned by LICENSEE, but excluding the Licensor Fiber Optic Strands and Licensor Facilities. "License Fee" means, as more particularly described in Article IV below, the amount paid by LICENSEE to LICENSOR for the license and privilege of using, directly, certain Licensor Fiber Optic Strands and, indirectly, certain other parts of the Licensor Facilities necessary to LICENSEE'S stated use in Section 4.4 hereof. "Licensor Facilities" means the fiber optic strands and those facilities owned by LICENSOR, either individually or together with one or both other members of the Consortium, including equipment, cables, conduit, bays, panels, jacks, ironworks, associated electronics, fiber optic termination equipment, regenerators, power sources and other related equipment owned by LICENSOR, structures, rights-of-way and easements. "Licensor Fiber Optic Strands" means all dark fiber optic strands owned by LICENSOR, either individually or together with one or both other members of the Consortium, and which may or may not be licensed to LICENSEE depending upon the terms of this License Agreement. "Make -Ready Work'' means the work necessary with respect to the Licensor Facilities in order to accommodate the relocations of the Licensor Fiber Optic Strands or the construction of new installations of Licensor Fiber Optic Strands. "Relocation" means any adjustment, rearrangement or relocation of the Licensor Fiber Optic Strands licensed to LICENSEE. "Splice" means a point where two separate sections of Fibers are physically connected. "Term means the initial five-year term of this License Agreement, and any extension term, as described in Article III of this Agreement. ARTICLE III TERM AND EXTENSION This License Agreement shall commence on. the date of this Agreement and shall continue for an initial term of five (5) years, unless earlier terminated as provided in this Agreement. Unless earlier terminated as provided in this Agreement, LICENSEE, at its sole option, may extend this License Agreement, after the initial term, for up to five (5) successive -2- 113078845.8 253 five-year terms' by providing notice to LICENSOR not less than eighteen (18) months prior to expiration of the initial term or any extension term, as the case may be. ARTICLE IV SCOPE OF LICENSE; AND LICENSE FEES 4.1 License of Fibers. The routes with respect to which the Licensor Fiber Optic Strands are configured will be described in. Exhibit A. Route Dia rg am, which will be included to this License Agreement when the survey of the Licensor Facilities and/or Fiber Optic Strands is complete and accepted by LICENSOR. Notwithstanding anything to the contrary in this License Agreement, LICENSOR and LICENSEE agree that they will work together once the survey is complete and accepted by LICENSOR to resolve any operational issues, which include, but are not limited to, (i) operational repair; (ii) fiber outages; (iii) .emergency repairs; and (iv) if reasonably necessary, the right of LICENSEE to perform repair work under the reasonable supervision of LICENSOR. LICENSOR shall provide LICENSEE not less than one hundred twenty (120) days prior notice of any proposed changes in right-of-way configurations that affect, in any material respect, the license granted under this Agreement. All of the Licensor Fiber Optic Strands are, or, to the extent not yet installed, will be, engineered and constructed in substantial compliance with Exhibit B. The following Exhibits, attached hereto, are by this reference incorporated herein: Exhibit A Route Diagram Exhibit B Fiber Specifications and connections Exhibit C Contact List and Outage Notice Form Exhibit D Sample Notice of Acceptance 4.2 Number of Fibers, License Fee and Payment.2 LICENSOR hereby licenses to LICENSEE, and LICENSEE hereby licenses from LICENSOR, exclusive use of certain Licensor Fiber Optic Strands previously used by LICENSOR in the operation of its electric system, which specifically consist of: (a) not less than twenty-four (24) Licensor Fiber Optic Strands previously used by LICENSOR for protection of all existing substations; and (b) not less than twenty (20) Licensor Fiber Optic Strands previously used by LICENSOR for supervisory control and data acquisition (SCADA) functions necessary in the operation of the substations and other electric utility assets. LICENSEE shall have the exclusive use of such Licensor Fiber Optic Strands along routes as set forth in Exhibit A, Route Diagram, at a License Fee of Four and 54/100 Dollars ($4.54) per Licensor Fiber Optic Strand per mile per month. Notwithstanding anything to the contrary herein: (a) in no event shall the maximum License Fee due and owing to LICENSOR for all Licensor Fiber Optic Strands exceed Twenty -Three Thousand Eight Hundred Forty-seven Dollars ($23,847.00) per month; and (b) LICENSOR shall reserve not less than two (2) spare Licensor Fiber Optic Strands for LICENSEE's use solely as set forth in Section 4.4, and LICENSEE's use shall be rolled to such spare fibers should any activity undertaken by LICENSOR pursuant to this License Agreement cause an outage on, or any impairment of, the Licensor Fiber Optic Strands originally licensed to 1 Note to FPL: Is a 30 year term necessary? 2 Note to FPL: Where did the License fee originate? -3- 113078845.8 254 LICENSEE hereunder. Upon exercising any option to extend this License Agreement as more fully described in Article III above, LICENSEE shall have the right in its reasonable discretion to relinquish its license to any of the Licensor Fiber Optic Strands licensed to LICENSEE hereunder and which constitute the subject matter of this License Agreement, and the License Fee thereafter due and owing shall be reduced proportionately. The License Fee paid hereunder shall be inclusive of all charges, and shall begin on the Fiber Acceptance Date. LICENSEE shall pay the License Fee to LICENSOR for each calendar month within five days after the beginning of such calendar month. Payments for partial calendar months shall be pro -rated accordingly. Any amounts due and not paid in full when due shall be deemed delinquent and shall accrue interest at a rate equal to one percent (1%) per month. 4.3 CPI Adiustment. The License Fee shall be subject to an annual adjustment. The first adjustment shall occur as of the January 1 that next follows a full year of the initial five-year term. Subsequent adjustments shall occur as of January 1 of each subsequent calendar year during the Term. The adjustment shall be determined in accordance with the percentage change in index known as the "United States Bureau of Labor Statistics Consumer Price Index (CPI) For All Urban Consumers" (the "Index") using the most recent October to October Reports by applying the following formula: (Current monthly License Fee) x (annual percentage increase (October to October) as reported in the most recent Index (or if the Index no longer is published, then as reported in its successor index). The adjustment for any calendar year shall not exceed five percent (5%). In no event shall the License Fee for any calendar year be less than the License Fee for the immediately preceding calendar year. 4.4 Use. LICENSEE shall use the Licensor Fiber Optic Strands solely for the protection, control and monitoring of LICENSEE's electric transmission and distribution system that formerly was operated by LICENSOR. Nothing herein shall preclude LICENSEE from sub -licensing any excess fiber or capacity to third parties in accordance with all applicable laws and regulations, provided that LICENSEE submits a proposal for such sub -licensing and obtains the approval of LICENSOR as more fully described in Section 14 of the Interlocal Agreement. In case of such sub -licensing, LICENSEE shall remain primarily liable to LICENSOR under this License Agreement. In the case of such sub -licensing, LICENSEE shall remain bound by all of its covenants and obligations under this License Agreement, and shall be liable to LICENSOR for violation of its covenants and obligations contained in this License Agreement and any applicable laws and regulations. If LICENSEE chooses to sublicense to a third party then, in the event that LICENSOR knows of an outage, LICENSOR shall notify LICENSEE in accordance with Exhibit C, and LICENSEE shall be responsible for notifying all of its sub -licensees of such outage. ARTICLE V OWNERSHIP OF EXISTING FIBER OPTIC STRANDS 5.1 Ownership. -4- 113078845.8 255 The Licensor Fiber Optic Strands and cable, including jacket, structure, attachments and conduits and which constitute the Licensor Facilities along the designated route, shall at all times remain the sole and exclusive property of, and legal title shall be held by, LICENSOR. LICENSEE's license of the Licensor Fiber Optic Strands is a right of use only and neither such use nor payment to LICENSOR for such use shall create or vest in LICENSEE any easement or any ownership right in the Licensor Facilities or the Licensor Fiber Optic Strands. 5.2 LICENSEE's Equipment. Notwithstanding any contrary provisions of this License Agreement, LICENSEE shall own all of the Licensee Facilities in the exercise of, or associated with, LICENSEE's use under Section 4.4 of this License Agreement. ARTICLE VI NEW INSTALLATIONS 6.1 Construction. If, at any point during the Term, replacement of existing Licensor Fiber Optic Strands is required in any .route identified in Exhibit A, as reasonably determined by LICENSOR or pursuant to the requirements of any governmental entity, LICENSOR shall construct such new fiber optic strands, at the sole cost and expense of LICENSOR, in accordance with the specifications in Exhibit B attached hereto including Make -Ready Work associated with such installations. Make -Ready Work shall include any and all improvements to the Licensor Facilities necessary to physically accommodate the given route identified in Exhibit A and to maintain electrical and operating safety standards and fiber circuit continuity. LICENSOR shall perform, or cause to be performed, any engineering, cable installation, splicing, material procurement, installation and testing required to complete the installation of the fiber optic strands using LICENSOR's specifications and subject to LICENSEE's approval, which shall not be unreasonably withheld or delayed. LICENSOR and LICENSEE shall each assign a project engineer as a point of contact for all necessary approvals and will assign construction inspectors for review of all construction activities to assure compliance with the approved design. 6.2 Connections. In the event of a new installation of fiber optic cable, LICENSOR shall install Splices as agreed to by the Parties at specified locations along the routes. LICENSOR shall be responsible for its network electronics, fiber Splices, and the Licensor Facilities. LICENSEE shall be responsible for its network electronics, fiber Splices and Licensee Facilities. 6.3 Specifications and Documentation. All permits required for LICENSOR's construction of new installations are the responsibility of LICENSOR. LICENSOR shall provide to LICENSEE as -built drawings on the newly -installed route, and relocation of any routes shall be documented on the as -built drawings and made part of this License Agreement. The newly -installed fiber optic strands shall be in substantial compliance with the performance standards and criteria set forth in Exhibit B. LICENSOR and LICENSEE may be present, observe and participate in the analysis and testing -5- 113078845.8 256 of the fiber optic strands. Acceptance of newly -installed fiber optic strands shall be. undertaken and shall be subject to the provisions of Article VII herein. ARTICLE VII ACCEPTANCE 7.1 Acceptance of Licensor Fiber Optic Strands. Upon completion of construction of the newly -installed replacement fiber optic strands, if any, and any LICENSEE Make -Ready Work, LICENSOR shall test the Licensor Fiber Optic Strands to insure that, the new fiber optic :strands meet or exceed the Licensor Fiber Optic Strand specifications outlined in Exhibit B. In the event the new fiber optic strands meet such specifications, LICENSOR shall notify LICENSEE. in:writing of the availability of the fiber optic strands (the "Fiber Notice"). Within five (5) Business Days of LICENSEE receiving the Fiber Notice, LICENSEE shall give LICENSOR notice of any failure of the fiber optic strands to satisfy any acceptance test, or to otherwise meet specifications. 7.2 Corrections. If LICENSEE gives LICENSOR . notice of any failure as described in Section 7.1, LICENSOR shall use its commercially reasonable efforts to correct such failure within five Business Days or such longer time as may be mutually agreed upon by the Parties whereupon LICENSEE and LICENSOR shall jointly conduct another acceptance test. This procedure shall be repeated until all new fiber optic strands are in substantial compliance with the performance standards and criteria set forth in Exhibit B. 7.3 Conditional Acceptance. In the. event a failure continues to be identified after the third round of testing pursuant to Section 7.2, LICENSEE may, at its option, conditionally accept the new fiber optic strands. LICENSOR shall have an obligation nonetheless to correct any such deficiencies within sixty (60)days of conditional acceptance. 7.4 Acceptance by Default. .If LICENSEE does not give LICENSOR notice of any such failure within five Business Days of LICENSEE receiving the Fiber Notice, it shall be deemed that LICENSEE has accepted the new fiber optic strands and they shall constitute Licensor Fiber Optic Strands. 7.5 Fiber Acceptance Date. The date on which LICENSEE has accepted or conditionally accepted the new fiber optic strands will be considered the Fiber Acceptance Date.. ARTICLE VIII RELOCATION OF FIBER OPTIC CABLE; LICENSOR'S OBLIGATION TO MAIN'T'AIN AND RESTORE FIBER OPTIC CABLE M 113078845.8 257 8.1 Reauests of LICENSOR or Third P If relocation of any Licensor Facilities; including ,any Licensor Fiber Optic Strands licensed to LICENSEE hereunder, is required by LICENSOR or by a third party (e.g., the Department of Transportation) the relocation. expenses of the LICENSOR Fiber Optic Strands (including engineering, materials, construction, and Make -Ready Work) shall be borne by LICENSOR except to the extent that LICENSOR may obtain reimbursement from a third parry. 8.2 Requests of LICENSEE. If relocation of any Licensor Facilities, including any Licensor Fiber Optic Strands licensed to LICENSEE hereunder, is required by LICENSEE and is not caused by a third .party or LICENSOR, LICENSEE shall pay or reimburse LICENSOR for the total cost of such relocation, including engineering, material, construction and Make -Ready Work. 8.3 Avoidance of Interruptions. During any relocation of the Licensor Facilities, LICENSOR and LICENSEE shall use good faith efforts to avoid interruption of or interference with the use by the other Party of such Licensor Facilities for the purposes herein described. 8.4 Duty to Maintain. LICENSOR, shall be responsible for the maintenance and restoration of the Licensor Fiber Optic Strands. 8.5 Maintenance of LICENSOR Fiber Optic Strands. Maintenance and restoration provided by LICENSOR shall be limited to the Licensor Fiber Optic Strands. LICENSOR shall have no obligation to perform maintenance or restoration on any electronics or other equipment not owned by the Consortium or one or more members thereof. ARTICLE IX COVENANTS 9.1 LICENSOR Covenants. 9.1.1 Notice of Unscheduled Outaee. In the event of any unscheduled outage, LICENSEE shall notify LICENSOR promptly and LICENSOR shall as soon as reasonably practicable perform an assessment of the outage. Upon completion of such assessment, LICENSOR shall notify LICENSEE, as soon as reasonably practicable and in the manner set forth in Exhibit C, of the results of such assessment and include in its notification to LICENSEE the nature and cause of the interruption, the extent of the repairs required, and the estimated time to restore, if known. 9.'1.3 LICENSOR Restoration of Fiber. -7- 113078845.8 258 LICENSOR shall use its commercially reasonable efforts to restore the provision of the Licensor Fiber Optic Strands and to restore the route segment and any splicing of the Licensor Fiber Optic Strands in a systematic and rotational manner, with the Licensor Fiber Optic Strands licensed to LICENSEE having equal priority to other fibers within the cable, to the extent permitted by the Interlocal Agreement and applicable law. LICENSOR further agrees that it shall use commercially reasonable efforts to dispatch repair technicians to the affected site after LICENSEE's notification of outage to LICENSOR and to use its reasonable efforts to keep the outage to less than four (4) hours from the time notification of the outage was received by LICENSOR. All permanent repair work shall be performed by LICENSOR during a maintenance window mutually agreed upon by the Parties. 9.1.4 Credits. In the event that an outage exceeds eight (8) hours, except in the case of a force majeure as defined in Section 19.0 below, LICENSOR shall extend to LICENSEE a credit equal. to one day's License Fee_ for the strands affected (to be considered 1/30th of the then current monthly rate) for each consecutive eight (8) hour outage interval, or fraction thereof, in excess of the initial eight (8) hours. By way of example, an eight (8) hour outage = I day credit; an 10 hour outage = 1 day credit; and a 17 hour outage = 2 days credit). The credit shall apply whether or not LICENSEE dispatched repair technicians to the repair site, and shall constitute an offset against LICENSEE's payment of License Fees to LICENSOR. 9.2 LICENSEE Covenants. 9.2.1 LICENSEE Responsibilities. LICENSEE shall be solely responsible, at its own expense, for the purchase, installation, operation, maintenance and repair of all LICENSEE equipment and Licensee Facilities required in connection with its use of the Licensor Fiber Optic Strands licensed to LICENSEE hereunder. 9.2.2 Taxes Franchise Fees. LICENSEE shall pay, when they become due, any and all taxes, assessments, and governmental charges of any kind whatsoever (whether sales tax, use tax, excise tax or other tax) lawfully levied or assessed and attributable to LICENSOR'S license to LICENSEE hereunder, LICENSEE's use of the Licensor Facilities or the Licensor Fiber Optic Strands licensed to LICENSEE hereunder, or any portion thereof, with regard to the licensing, operation or use of the Licensor Facilities or the Licensor Fiber Optic Strands. LICENSEE shall include with each month's License Fee, and in addition thereto, any and all sales or use tax amounts thereon. LICENSEE shall pay without apportionment any taxes levied on it that are based on LICENSEE's business profits. In addition, LICENSEE shall pay, or as appropriate, reimburse LICENSOR, without apportionment, for any ad valorem taxes, fees, assessments or other, charges which are assessed against LICENSOR that arise from LICENSEE's use of the Licensor Facilities or Licensor Fiber Optic Strands licensed to LICENSEE hereunder or any portion thereof. LICENSOR shall be responsible for or pay any taxes, fees, or charges attributable to its ownership of the Licensor Facilities and Licensor Fiber Optic Strands, if any, when such taxes, fees, or charges are not based on or imposed by virtue of LICENSEE's use of any such facilities or its receipt of License Fees from LICENSEE under this License Agreement. -8- 113078845.8 259 ARTICLE X COMPLIANCE WITH LAWS 10.0 By LICENSOR. LICENSOR shall have and maintain in effect at all times, all necessary franchises, consents, rights-of-way, easements, permits and authorizations applicable to this License Agreement from Federal, State, County, City and other regional or local authorities, to construct, maintain, operate and use LICENSOR'S Facilities. 10.1 By LICENSEE. LICENSEE shall have and maintain in effect at all times, all necessary franchises, consents, permits and authorizations applicable to this License Agreement from Federal, State, county, City and other regional or local authorities. 10.2 All Applicable Laws. LICENSEE and LICENSOR each shall comply with all applicable federal, state and local laws and regulations, including those of the Federal Communications Commission and the Florida Public Service Commission. ARTICLE XI NO CONSEQUENTIAL DAMAGES Notwithstanding any other provisions of this License Agreement, and irrespective of any fault or negligence or gross negligence, no Parry shall be liable to the other for any indirect, incidental, consequential exemplary, punitive or special damages (including damages for harm to business, lost revenues, lost savings or lost profits), regardless of the form of action, whether based on statute, contract, warranty or tort (including, without limitation, negligence of any kind whether active or passive and strict liability). Each Party hereby releases the other Parry (and its respective parents, subsidiaries, and affiliated companies, and each of their respective: agents, officers, employees, and representatives) from any claim or liability for any indirect, incidental, consequential, exemplary, punitive or special damages incurred as a result of or in connection with the performance or nonperformance of this License Agreement. ARTICLE XII NO THIRD PARTY BENEFICIARIES This License Agreement does not provide third parties (including, without limitation, customers of LICENSOR or of LICENSEE) with any remedy, claim, liability, reimbursement, cause of action or other right or privilege, except that the provisions hereof involving indemnification or limitation of liability of either Party shall also inure to the benefit of that Party's employees, officers, agents, affiliates. ARTICLE XIII INDEMNITY, HOLD HARMLESS 113078845.8 260 13.1 LICENSEE Indemnitv of LICENSOR. LICENSEE shall indemnify, hold harmless and defend LICENSOR and their respective governing body members, directors, officers, employees and agents against any claim, action, loss, damage, injury liability; cost or expense, including, without limitation, reasonable attorneys' fees and court costs, arising out of injury to persons, including, without limitation, death or damage to property, caused by the negligence of LICENSEE, or its directors, officers, employees or agents, in connection with this License Agreement or any breach of this License Agreement by LICENSEE or its officers, employees or agents. 13.2 LICENSOR Indemnity of LICENSEE. Subject to the limitations of section 768.28, Florida Statutes and subsequent amendments thereto, LICENSOR shall indemnify, defend and hold harmless LICENSEE, its affiliates, and respective directors; officers, employees and agents against any claim, action, loss, damage, injury, liability, cost or expense, including, without limitation, reasonable attorneys' fees and court costs, arising out of injury to persons, including, without limitation, death or damage to property, caused by the negligence of LICENSOR, its directors, officers, employees or agents in connection with this License Agreement. 13.3 Additional Remedies. The remedies in this Article XIII shall be in addition to any other remedy available under this License Agreement, or at law or equity, and shall survive the termination or expiration of this License Agreement, with respect to any circumstance or event occurring before such termination; provided however, under no circumstances shall LICENSOR be liable for damages of any kind or nature, other than personal injury or death, to LICENSEE, its successors, assigns or sub -licensees in excess of one year's License Fees due under or with respect to this License Agreement. This Section 13.3 shall not be deemed a waiver of the liability limitations of section 768.28, Florida Statutes. ARTICLE XIV INSURANCE 14.1 LICENSOR understands that LICENSEE self -insures, and that LICENSEE has provided LICENSOR with a letter of such self-insurance. In the event that LICENSEE ceases to self - insure, then, during the Term: (a) LICENSEE shall procure and maintain, at LICENSEE's sole cost and expense, commercial general liability insurance providing coverage which protects LICENSEE and LICENSOR from and against any and all claims and liabilities for bodily injury, death and property damage arising from operations, premises liability, and fire with respect to the Substation. Such insurance shall provide minimum coverage of $1,000,000.00 per occurrence and $2,000,000.00 aggregate. LICENSEE shall be and remain liable for and pay all deductibles and other amounts not covered, paid or reimbursed under the insurance policies. (b) LICENSEE shall procure and maintain, at LICENSEE's sole cost and expense, workers' compensation insurance and employers' liability insurance with coverage amounts with -10- 113078845.8 261 a limit of (i) One Million Dollars ($1,000,000) for bodily injury per accident, (ii) One Million Dollars ($1,000,000) for bodily injury by disease per policy and (iii) One Million Dollars ($1,000,000) for bodily injury by disease per employee. (c) The certificates of insurance required herein for commercial general liability insurance, including, without limitation, all renewals, shall include LICENSOR as an additional insured, and provide for at least thirty (30) days advance notice to LICENSOR by the :insurer prior to any non -renewal or cancellation. LICENSEE shall provide LICENSOR with a copy of certificates of insurance stating that the coverage as required herein is in full force and effect no later than the date of this Agreement. LICENSEE shall cause certificates of insurance or self- insured letter in conformance with the requirements hereof to be promptly provided to LICENSOR for each subsequent policy renewal. (d) LICENSEE's insurance in all instances shall be primary and any insurance that may be maintained by LICENSOR shall be in excess of and shall not contribute with LICENSEE's insurance. All insurance policies shall be issued by a company or companies licensed to do business in the State of Florida. (e) LICENSEE understands and acknowledges that the responsibility and obligation to provide and maintain insurance in the forms, types and coverages required herein are solely LICENSEE's responsibilities and obligations which continue during the Term. (f) In the event that LICENSEE fails for any reason to procure or maintain insurance in the forms, types or coverages required and to name the LICENSOR as an additional insured on the certificates of insurance, LICENSEE shall cure such material breach within fifteen (15) calendar days after LICENSEE is given notice of such breach. Should LICENSEE fail to cure the breach within such period or such other time as may be agreed to by the Parties in writing, LICENSOR in LICENSOR's sole discretion may, but is not obligated to, secure replacement insurance coverage at LICENSEE's sole expense. Should LICENSOR elect to secure replacement insurance, LICENSEE shall thereafter reimburse LICENSOR within fifteen (15) calendar days of LICENSOR's providing to LICENSEE. an invoice for the costs and premiums incurred by LICENSOR for the replacement insurance coverage; plus an administrative charge of ten percent (10%) or $250.00, whichever is greater. LICENSEE shall continue to be responsible for the payment of all deductibles applicable to the insurance policies and all losses incurred with respect to any lapse in coverage. Should LICENSEE subsequently obtain the required insurance, LICENSEE shall remain responsible for and reimburse LICENSOR for all costs and expenses to LICENSOR for the insurance premiums incurred by LICENSOR and the administrative charges set forth in this Section 14.1(fl. (g) LICENSEE's obligations under this Article XIV shall survive the termination or expiration of this License Agreement. ARTICLE XV TERMINATION 15.1 Termination. -11 113078845.8 262 Except as may be provided elsewhere in this License Agreement, this License Agreement may be terminated prior to expiration of the Tenn as set forth in this Article XV: 15.2 By LICENSEE. LICENSEE may terminate this License Agreement as follows: 15.2.1 Upon 60 days' Notice. LICENSEE may terminate this License Agreement at any time after the initial five-year term, as described in Article III, with or without cause, upon providing LICENSOR with not less than sixty (60) days' notice. After five (5) days' prior notice to LICENSEE and upon the sixtieth (60th) day after notice of termination. is given by LICENSEE under this Section, LICENSOR, at the sole discretion of LICENSOR, may disconnect the Licensor Fiber Optic Strands licensed to LICENSEE under this License Agreement without recourse to LICENSOR by LICENSEE and LICENSOR shall not be held liable by LICENSEE or LICENSEE's sub -licensees, if any, as a result of such disconnection. 15.2.2 If LICENSEE as Telecommunications Company. By entering into this License Agreement, LICENSEE does not intend to, and shall not, be classified as a telecommunications company, telecommunications carrier, telecommunications service or any other telecommunications entity, or come under the jurisdiction or existing or future regulation of any state or Federal regulatory agency as a telecommunications company, including, without limitation, the Federal Communications Commission or the Florida Public Service Commission. If, however, a proceeding is commenced in which it is sought to classify LICENSEE as a telecommunications company, LICENSOR and LICENSEE shall cooperate with each other to determine whether and to what extent this License Agreement can be amended to remove that classification. If this License Agreement cannot be so amended or if there is no agreement as to such amendment,. then LICENSEE may terminate this. License Agreement immediately upon agency or court order approving such termination, or, at the sole discretion of LICENSEE, after five (5) days' prior notice to LICENSOR. if the proceeding described in this Section has been pending for not less than sixty 60) days. Upon such termination, LICENSOR may disconnect the Licensor Fiber Optic Strands licensed to LICENSEE under this License Agreement as provided in Section 15.2.1 above. 15.3 By LICENSOR. LICENSOR may terminate this License Agreement as follows: 15.3.1 Default of LICENSEE. Upon a default by LICENSEE under this Agreement including, without limitation, a payment default, LICENSOR shall be entitled to terminate this Agreement, by giving notice of termination to LICENSEE, if LICENSOR has previously given LICENSEE notice of such default and LICENSEE has not cured such default within thirty (30) days after notice of such. default was given. -12- 113078845.8 263 If LICENSOR terminates this License Agreement under this Section 15.3.1, LICENSOR shall have the right to disconnect the Licensor Fiber Optic Strands licensed to LICENSEE under this License Agreement without recourse to LICENSOR by LICENSEE. Furthermore LICENSOR shall not be liable to LICENSEE or LICENSE_E's sub -licensees as:a result of such disconnection. 15.3.2 If LICENSOR is Found to be a Telecommunications CompaU. By entering into this License Agreement, LICENSOR does not intend to, and shall not, be classified as a telecommunications company, telecommunications carrier, telecommunications service or any other telecommunications entity, or come under the existing or future jurisdiction or regulation of any State or Federal regulatory agency as a telecommunications -company, including, without limitation, the Federal Communications Commission or the Florida Public Service Commission. If, however, a proceeding is commenced in which it is sought to classify LICENSOR as a telecommunications company, LICENSEE and LICENSOR shall cooperate with each other to determine whether and to what extent this License Agreement can be amended to remove that classification. If this License Agreement cannot be so amended or if there is no Agreement as to such amendment, then LICENSOR may terminate this License Agreement immediately upon agency or court order approving such termination, or at the sole discretion of LICENSOR, after five (5) days' prior notice to LICENSEE if the proceeding described in this Section has been pending for not Tess than sixty 60) days. Notwithstanding the preceding provisions of this Section 15.3.2, if LICENSOR becomes certified by the Florida Public Service Commission as a telecommunication company, this License Agreement shall remain in full force and effect. ARTICLE XVI RESTRICTIONS AGAINST TRANSFER No Party shall sell, assign, transfer, or otherwise alienate or dispose of this License Agreement or the privileges hereby granted, without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. ARTICLE XVII FAILURE TO ENFORCE PROVISIONS IS NOT A WAIVER The consent by a Party to any act by the other Party shall not be deemed to imply consent or to constitute the waiver of a breach of any provision hereof or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the Parties in the administration of any part of the provisions hereof be construed to waive or lessen the right of a Party to insist upon the performance by the other Party in strict accordance with the provisions hereof. ARTICLE XIII SEVERABILITY In the event that any provision of this License Agreement shall be held unconscionable, unenforceable, or void for any reason by any tribunal of competent jurisdiction, it is agreed that the provision in question shall be modified to eliminate the elements of concern to the tribunal and as modified shall be binding on the Parties. The remaining provisions of this License -13- 113078845.8 264 Agreement shall not be affected by the action of any tribunal or modification of such provision, and shall remain in full force and effect. ARTICLE XIX FORCE MAJEURE Except as :otherwise expressly provided herein, no Party shall be liable for any failure or delay in the performance of its obligations under this License Agreement due to causes not reasonably within its control, including, without limitation, acts of courts and regulatory agencies, superior governmental authority, acts of God, war, riot or insurrection, inability to obtain required construction permits, blockages, embargoes, sabotages, terrorism, epidemics, fires, floods, strikes, lockouts or other labor difficulties, provided such labor difficulties do not arise from inequitable labor practices. In the event of any failure or delay resulting from any of such causes, upon notice of such force majeure being given to the other Party, the time for performance hereunder shall be extended for a period of time reasonably necessary to overcome the effects of such delays. In the event any such failure or delay shall last for a period of more than one hundred eighty (1.80) days, then either Party may terminate this. License Agreement forthwith, in whole or in part, by notice thereof to the other. ARTICLE XX NOTICE Except for notifications relating to construction, outages or maintenance which shall be as provided in Exhibit C attached hereto, any notice, request, instruction, demand, consent, or other communication required or permitted to be given under this License Agreement shall be in writing and shall be delivered either by hand or by certified mail, postage prepaid, and certified return receipt requested to the .following address or such other address as the Parties may provide to each other in :writing: To LICENSEE: To LICENSEE: Florida Power & Light Company Attn: 700 Universe Boulevard Juno Beach, Florida 33408 Florida Power & Light Company Attn: General Counsel 700 Universe Boulevard Juno Beach, Florida 33408 To City: City Manager City of Vero Beach -14- 113078845.8 265 With.a Copy to: To County: With a required copy to: To School Board: With a required copy to: -15- 113078845.8 1053 201' place Vero Beach, Florida 32960 Carlton Fields P.O. Box 3239, Tampa, Florida 33601 Attention: Nathaniel L. Doliner, Attorney at Law (if by mail) or 4221 West Boy Scout Boulevard Tampa, FL 33607 Attention: Nathaniel L. Doliner, Attorney at Law (if by other than mail) Indian River County 1801 27th Street, Building A, Vero Beach, FL, 32960 Attention: County Administrator Indian River County 1.801 27th Street, Building A, Vero Beach, FL, 32960 Attention: County Attorney School Board of Indian River County 6500 57th St. Vero Beach FL. 32967 Attention: Superintendent of Schools Suzanne D. Agresta, Attorney at .Law 111 N. Orange Avenue, Suite 2000 Orlando, .FL 32801 266 ARTICLE. XXI CHOICE OF LAW; VENUE; NO JURY TRIAL 21.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida (without giving effect to conflict of law principles) as to all matters, including matters of validity, construction; effect, performance and remedies. 21.2 THE PARTIES HERETO AGREE THAT VENUE IN ANY AND AL.L. ACTIONS AND PROCEEDINGS RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT SHALL BE IN THE CIRCUIT COURT OF THE STATE OF FLORIDA IN INDIAN RIVER COUNTY, FLORIDA, WHICHCOURT SHALL HAVE EXCLUSIVE JURISDICTION FOR SUCH PURPOSE AND THE PARTIES HERETO. IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURT AND IRREVOCABLY WAIVE THE DEFENSE OF AN INCONVENIENT FORUM TO THE. MAINTENANCE OF ANY SUCH ACTION OR PROCEEDING. SERVICE OF PROCESS MAY BE MADE IN ANY MANNER RECOGNIZED BY SUCH COURT. 21.3 EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY ACTION OR CLAIM ARISING OUT OF ANY DISPUTE IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES HERETO TO ENTER INTO THIS AGREEMENT, AND SHALL SURVIVE THE CLOSING OR TERMINATION OF THIS AGREEMENT. ARTICLE XXII ENTIRE AGREEMENT; AMENDMENTS This License Agreement constitutes the entire Agreement between the Parties and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. There are no representations, warranties, agreements or understandings (whether oral or written) between the Parties relating to the subject matter hereof which are not fully expressed herein. No provision of this License Agreement may be changed or amended except by written agreement signed by both Parties. ARTICLE XXIII PARTIES BOUND This License Agreement shall be binding upon the Parties hereto and their respective successors and permitted assigns. ARTICLE XXIV CONSTRUCTION OF AGREEMENT 24.1. Ambiguities Not To Be Resolved Against Drafting Party. Each Party and its counsel have reviewed this License Agreement. Accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the construction and interpretation hereof. -16- 113078845.8 267 25.2. Captions.. The captions, are inserted for convenience of reference only and shall have no effect on the construction or interpretation of this License Agreement. 25. Usage. Unless the context otherwise requires, the word "including" shall mean "including,. without limitation." The fact that in certain instances in this Agreement, the phrase "including,, without limitation" appears shall not affect the interpretation of the preceding sentence. The .terms "hereof % "hereunder" and "herein" shall refer to this License Agreement as a whole. [Signature Pages Follow] -17- 113078845.8 268 City of Vero Beach, Florida Execution Page The Parties hereto have caused these presents to be executed, by their respective officers thereunto duly authorized, on the day; month and year first above written. ATTEST: Sign: Print: Title: Approved as to form and legal sufficiency City Attorney LICENSOR: CITY OF VERO BEACH Sign: Print: Title: Approved as conforming to municipal policy: City Manager [SEAL] ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency policy: Wayne R. Coment City Attorney Approved as to technical requirements: requirements: Ted Fletcher Director of Electric Utility Operations Approved as to technical requirements: Timothy J. McGarry Director of Planning and Development 113078845.8 Approved as conforming to municipal James R. O'Connor City Manager Approved as to technical. Cynthia D. Lawson Director of Finance [Signature Page to Dark Fiber License Agreement] 269 Indian River County Execution Page The Parties. hereto have caused these presents to be executed, by their respective officers thereunto duly authorized, on the day, month and year first above written. ATTEST: [SEAL] 113078845.8 INDIAN RIVER COUNTY, a political subdivision of the State of Florida By: 270 School Board oflndian River County, Florida Execution Page The Parties hereto have caused these presents to be executed, by their respective officers thereunto duly authorized, on the day, month and year first above written. ATTEST: SCHOOL BOARD OF INDIAN RIVER COUNTY FLORIDA By: [SEAL] 113078845.8 271 ATTEST: LICENSEE Sign: Sign: Print: Print: Title: Secretary Title: President 113078845.8 272 EXHIBIT "A" ROUTE DIAGRAM [PLEASE INSERT] 113078845.8 273 EXHIBIT "B" FIBER SPECIFICATIONS AND CONNECTION DETAILS FTTI V'P All Fiber will meet or exceed the Corning SMF -28, dual 1310/1550 window optical .glass specifications: Maximum attenuation for 1310 nm systems will be .35 dB/km Maximum attenuation for 1550 nm systems will be .25 dB/km SPAN SPECIFICATIONS: Discontinuities (known as steps, Splices, or. attenuation non -uniformities) shall be measured with an Optical Time Domain Reflectometer (OTDR) to determine the loss for the localized attenuation. No Fiber shall show a point discontinuity greater than 1.0 dB. However, a Fiber Span that includes a discontinuity in excess of specifications may still be considered acceptable, with mutual agreement of LICENSOR and LICENSEE, provided said Fiber still meets LICENSEE's overall attenuation and dispersion specifications. Performance levels will be maintained as accepted through the duration of the Agreement. GENERAL CONSTRUCTION: OPTICAL SYSTEM LOSS TABLE WAVE MAXIMUM MAXIMUM AVERAGE MAXRV UM AVERAGE 'LENGTH FIBER CONNECTOR Loss PER Loss PER Loss PER NM Loss/KM Loss SECTION SPLICE SPLICE 1310 .35dB .5 dB .06 dB .2 dB .06 dB 1550 .25 dB .5 dB .06 dB .2 dB .06 dB The Fiber will be constructed in accordance with sound commercial practices. The National Electric Safety Code will be followed in every case except where local regulations are more stringent, in which :case local regulations shall govern. Optical and span test data, including OTDR traces, will be submitted by LICENSOR to LICENSEE at an agreed upon schedule.. 113078845.8 274 EXHIBIT "C" NOTICES Notifications to FPL: All notifications relating to construction, outage, or maintenance should be relayed to Licensee through this number: [PLEASE PROVIDE.] Notifications to Vero Beach: All notifications relating to construction, outage, or maintenance should be relayed to the LICENSOR through this number: [PLEASE PROVIDE.] Notifications to Indian River Coutny: All notifications relating to construction, outage, or maintenance should be relayed to the .LICENSOR through this number: Public Works Director 1801271' Street, Building A Vero Beach, FL_ 32960 772-226-1379 772-226-1234 Notifications to the School Board of Indian River County: All notifications relating to construction, outage, or maintenance should be relayed to the LICENSOR through this number: [PLEASE PROVIDE.] 1'13078845.8 275 EXHIBIT "D" SAMPLE NOTICE OF ACCEPTANCE Date: To [Person Specified in Article 20] Re: Notice of Acceptance of Licensed Fibers Dear [Person Specified in Article 20]: Our technician tested the licensed fibers, today, and confirmed that they meet the Performance Specifications required by our Agreement. Accordingly, today; we accepted the Licensed Fibers as operational. In accordance with our Agreement, I have enclosed, herewith, the first installment of the License Fee Sincerely yours, cc: [Person Specified in Article 20] 113078845.8 276 FIRST AMENDMENT TO REVISED AND RESTATED JOINT FIBER OPTICS PROJECT INTERLOCAL AGREEMENT :This First Amendment to Revised and Restated Joint Fiber Optics Project Interlocal Agreement is entered into this _ day of December, 2018, by and among the School Board of Indian River County, Florida ("School District"), Indian River County ("County"), and the City of Vero Beach ("City"). The School District, County and City are also referred to individually herein as a "Member" and collectively as "Members." WHEREAS, in 2015, the City, School Board and County entered into the Revised and Restated Joint Fiber Optics Project Interlocal Agreement, recorded in Book 2901, Page 1151 of the Public Records of Indian River County ("Consortium Agreement"); and WHEREAS, the City is selling its electric utility to Florida Power and Light Company ("FPL"); WHEREAS, as part of the sale, the Members are entering into the Linear Facilities Pole Attachment Agreement Between City of Vero Beach, Florida, Indian River County, Florida; School Board of Indian River County, Florida, and Florida Power & Light Company ("Pole Attachment Agreement"); and WHEREAS, the Members wish to clarify the responsibilities under the Pole Attachment Agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Members agree as follows: Section 1. The above recitals are true and correct. Section 2. Any pole attachment fees, costs of corrections or other charges owed to FPL as set forth in the Pole Attachment Agreement shall be paid by the Members who own the Wireline, as. that .term is defined in the Pole Attachment Agreement, that is attached to the FPL pole, pursuant to their percentage of fiber ownership, regardless of the percentage of Member usage of the fiber. Section 3. All other terms of the Consortium Agreement shall remain in full force and effect. Page 1 of 4 277 SCHOOL BOARD OF INDIAN RIVER COUNTY SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA By: Laura Zorc Chairman Attest: By: Superintendent Dated this day of December, 2018 Page 2 of 4 278 ATTEST: Jeffrey R. Smith,. Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal Sufficiency: By: Dylan Reingold County Attorney Page 3 of 4 INDIAN RIVER COUNTY INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Bob Solari, Chairman BCC approved:. 279 CITY OF VERO BEACH ATTEST: Tammy K. Bursick City Clerk Dated this day of December, 2018 Approved as to form and legal sufficiency: Wayne R. Coment City Attorney Approved. as to technical requirements: Ted Fletcher Electric T & D Director Page 4 of 4 City of Vero Beach Harry Howie III Mayor Approved as conforming to municipal policy: James R. O'Connor City Manager 280 BCC AGENDA December 11, 2018 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: IMembers of the Board of County Commissioners DATE: December 3, 2018 SUBJECT: Kim Gilbert Impact Fee Issue FROM: Commissioner Bob Solari Continuation of discussion regarding Ms. Gilbert's impact fee issue. Back-up material included in Community Development departmental item of the same subject. Thank you. 281 December 11, 2018 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 4, 2018 SUBJECT: Consideration of Smoke-free Ordinance 1 FROM: Peter O'Bryan Commissioner, District 4� Commissioners: Request the Board consider whether to direct County Attorney to draft an ordinance that prohibits smoking and vaping in County owned parks and recreational facilities. Thanks. WN