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COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, DECEMBER 18, 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
Pastor Billy McCloud, Central Assembly of God
3. PLEDGE OF ALLEGIANCE
Commissioner Bob Solari, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
5.A. Presentation of Proclamation Honoring Dean Filippi on His Retirement From
Indian River County Board of County Commissioner Department of Emergency
Services/Fire Rescue with Thirty Years of Service
Attachments: Proclamation
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
December 18, 2018 Page 1 of 8
7.A. Landfill Closure and Collection Services Changes for the Christmas and New Year's
Holiday
Attachments: Staff Report
7.B. Proclamation Honoring Richard Carter on His Retirement From Indian River
County Board of County Commissioners Department of Emergency Services/Fire
Rescue with Twenty -Three Years of Service
Attachments: Proclamation
7.C. Proclamation Honoring George Perez on His Retirement From Indian River County
Board of County Commissioners Department of Community Development/Building
Division with Twenty -Seven Years of Service
Attachments: Proclamation
7.D. 2019 Treasure Coast Regional Planning Council (TCRPC) Appointments
Attachments: Staff Report
2019 TCRPC Appointments
7.E. 2019 Treasure Coast Regional Planning Council Comprehensive Economic
Development Strategy Committee (TCRPC CEDS) District Appointment Member
Listing
Attachments: Staff Report
2019 TCRPC CEDS Appointments
8. CONSENT AGENDA
8.A. Checks and Electronic Payments November 30, 2018 to December 6, 2018
Attachments: Finance Department Staff Report
8.B. FY 2017-2018 Records Disposition Compliance Statement and Records
Management Liaison Officer Form for the Indian River County Board of County
Commission
Attachments: Staff Report
Florida Department of State Letter Dated 11/1/18
Records Management Compliance Statement
8.C. Lobbyist for 2019 Legislative Session
Attachments: Staff Report
Agreement for Professional Services
December 18, 2018 Page 2 of 8
8.D. Request for Approval to Enter into a Bus Shelter License Agreement with Indian
River State College for Construction of a Bus Shelter at the Mueller Campus
Attachments: Staff Report
Agreement
Location Map (Exhibit A)
8.E. Updated Fee Schedule for Indian River County Public Shooting Range - Rifle and
Pistol Range, Effective January 1, 2019
Attachments: Staff Report
FWC Fee Schedule Exhibit B 2008
8.F. Consideration of Change Order No. 1 to Contract Agreement with Indian River
Docks, LLC for Archie Smith Fish House Dock Restoration
Attachments: Staff Report
Change Order 1
Indian River Docks LLC Contract Agreement
8.G. D. R. Horton Inc.'s Request for Final Plat Approval for The Cove at Falcon Trace
PD Plat 1 [PD -14-07-06 / 2001050202-80548]
Attachments: Staff Report
Application
Location Map
Final Plat Layout
Contract for Construction and Letter of Credit
8.H. Mediated Settlement; Jeffrey Wolski
Attachments: Staff Report
8.I. Approval of Resolution Adopting the 2019 Indian River County Emergency Plan for
Hazardous Materials
Attachments: Staff Report
Resolution 2018
FDEM Approval Letter
S.J. Lawnwood Medical Center Inc.'s Request for Release of a Marginal Access
Easement at 660 South U. S. Highway 1
Attachments: Staff Report
Maps Depicting Easement
Recorded Marginal Access Easement
Proposed Resolution Releasing Easement
December 18, 2018 Page 3 of 8
8.K. Approval of Four -Month Extension to SJRWMD Cost -Share Grant for Osprey
Acres Floway and Nature Preserve
Attachments: Staff Report
SFRWMD Cost -Share Agreement Amendment #2
8.L. Willows Development, LLC's Request for Final Plat Approval for a Plat -Over Site
Plan Single -Family Development to be known as The Willows Phase 2
[SD -15-09-08/2006010188-82614]
Attachments: Staff Report
Application
Location Map
Final Plat Layout
8.M. Indian River Preserve, LLC Request for Extension of Site Plan Approval for a
Multi -Family Development to be Known as The River Preserve (SP -MA -16-09-21 /
2001030063-77155)
Attachments: Staff Report
Request Letter
Location Map
Site Plan
List of Approval Conditions
8.N. Work Order No. 2 Coastal Waterways Design and Engineering, LLC Construction
of Emergency Beach Access at Round Island Park
Attachments: Staff Report
Coastal Waterways Design and Engineering, LLC. WO# 2
8.0. Release of Retainage for Work Order No. MMRT-1 for Professional Land
Surveying and Mapping Services for Osprey Acres Floway and Nature Preserve
Attachments: Staff Report
Invoice from Masteller Moler & Taylor Inc.
8.P. Approval to Use Paymentus for Merchant Services
Attachments: Staff Report
Paymentus Master Services Agreement
8.Q. The Reserve At Grand Harbor PD Phase 1, Plat 33 - Request for 2 -Year Extension
to Final Lift of Asphalt Contract - Developer: GH Vero Beach Development LLC
Attachments: Staff Report
Letter Request for Extension
Modification to Contract
December 18, 2018 Page 4 of 8
8.R. Miscellaneous Budget Amendment 002
Attachments: Staff Report
2018 2019 Resolution
Exhibit "A"
8.5. Municipal Advisory Agreement - Termination of FirstSouthwest and Request to
Approve Agreement with Masterson Advisors LLC
Attachments: Staff Report
Municipal Advisory Agreement
8.T. Closed Captioning Initiative
Attachments: Staff Report
Encore Broadcasting Quote
Municipal Broadcating Quote
CASTUS Quote
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
10.C.1. Public Notice of Public Hearing Scheduled for January 8, 2019 (Legislative)
Attachments: Staff Report
11. COUNTY ADMINISTRATOR MATTERS
11.A. Historic Dodgertown Facility Lease Agreement
Attachments: Staff Report
Amended and Restated Facility Lease Agreement
Exhibit A - Legal Description and Map
Exhibit B - Parking License Agreement June 2011
Exhibit C - Inventory
12. DEPARTMENTAL MATTERS
A. Community Development
12.A.1. Consideration of a Wabasso Corridor Plan "Report Card"/Progress Report
Attachments: Staff Report
Implementation Matrix -Report Card
Action Plan
December 18, 2018 Page 5 of 8
B. Emergency Services
C. General Services
1. Human Services
2. Sandridte Golf Club
3. Recreation
D. Human Resources
E. Office of Management and Budget
F. Public Works
G. Utilities Services
12.G.1. Resolution to Adopt Water, Sewer, and Reclaimed Rates, Fees, and Other
Charges
Attachments: Staff Report
Proposed Resolution
Schedule of Water and Sewer Rates, Fees and Other Charges
12.G.2. Equivalent Residential Unit Issues
Attachments: Staff Report
Proposed Agreement for Release of ERUs
Proposed Ordinance
13. COUNTY ATTORNEY MATTERS
B.A. Commercial PACE Program
Attachments: Staff Report
Escambia County Commercial PACE Program Resolution
ILA Between Escambia County and Florida Green Finance Authority
13.B. Interlocal Agreement with the Florida Department of Juvenile Justice to Administer
Local Juvenile Diversion Program
Attachments: Staff Report
Interlocal Agreement Between Indian River County and State of
Florida Department of Juvenile Justice
13.C. Treasure Coast Tri -County 2019 State Legislative Priorities
Attachments: Staff Report
Treasure Coast Tri County Legislative Priorities
December 18, 2018 Page 6 of 8
B.D. 2019 State Legislative List of Priorities and Concerns
Attachments: Staff Report
DRAFT IRC 2019 State Legislative Priorities and Concerns
13.E. Oslo Cemetery
Attachments: Staff Report
Gift Agreement
Quit -Claim Deed
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
B. Commissioner Susan Adams, Vice Chairman
C. Commissioner Joseph E. Flescher
D. Commissioner Peter D. O'Bryan
E. Commissioner Tim Zorc
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
15.A.1. Approval of Minutes Meeting of August 14, 2018
15.A.2. Approval of Minutes Meeting of October 2, 2018
15.A.3. FY 2017-2018 Records Disposition Compliance Statement and Records
Management Liaison Officer Form for the Indian River County Emergency
Services District
Attachments: Staff Report
Florida Department of State Letter Dated 11/1/18
Records Management Compliance Statement
B. Solid Waste Disposal District
15.13.1. Approval of Minutes Meetings of October 16, 2018
15.13.2. Approval of Minutes Meeting October 23, 2018
15.13.3. FY 2017-2018 Records Disposition Compliance Statement and Records
Management Liaison Officer Form for the Indian River County Solid Waste
Disposal District
Attachments: Staff Report
Florida Department of State Letter Dated 11/1/18
Records Management Compliance Statement
C. Environmental Control Board
December 18, 2018 Page 7 of 8
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 6:00 p.m. until Wednesday at 6:00 a.m,
Wednesday at 9:00 a. m. until 5:00 p. m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
December 18, 2018 Page 8 of 8
PR O CL.f. MA TION
HONORING DEAN FILIPPI ONHIS RETIREMENT FROM
INDIANRIVER COUNTYBOARD OF COUNTY COMMISSIONERS
DEPARTMENT OFEMERGENCYSERVICES/FIRE RESCUE
WHEREAS, Dean Filippi began his distinguished career in public
service with Indian River County as a Firefighter on February 3,1989; and,
WHEREAS, through diligent work and demonstrated ability he advanced through the
Fire Service ranks becoming an EMT three months later; in less than a decade on
September 26, 1994 he earned Driver Engineer status and by the turn of the century,
on August 4, 2000 he was promoted to Lieutenant in which capacity he has served our
community until his retirement on December 28, 2018; and,
WHEREAS, Dean Filippi's passion for the life of a f rst responder was evidenced early
on by his drive to learn everything he could to perform his job on land or sea. During
his thirty years of service, he mastered Fire Science subjects, attained expertise in
Aircraft Rescue and Firefighting, received multiple commendations, and achieved
numerous certifications including Open Water Diver, Dive Rescue Specialist 1, Med
Dive Rescue, and Radiological Emergency Management; and,
WHEREAS, throughout his career, Dean Filippi's devotion to his profession, his
employer, the citizens oflndian River County and his co-workers alike, has always
been greatly appreciated
NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS that the Board applauds Lieutenant Dean
Filippi's efforts on behalf of the County, and the Board wishes to express their deepest
gratitude for the dedicated service he has given to Indian River County for the last
thirty years; and
BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff
extend their best wishes for success in all his future endeavors.
Adopted this 18th day of December, 2018.
BOARD OF COUNTY COMMISSIONERS
INDIANRIVER COUNTY, FLORIDA
Bob Solari, Chairman
INDIAN RIVER COUNTY
.. o
SOLID WASTE DISPOSAL DISTRICT
BOARD MEMORANDUM
Date: December 18, 2018
To: Jason E. Brown, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Thru: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District (SWDD)
Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD
Subject: Landfill Closure and Collection Services Changes for the Christmas and New Year's
Holiday
In observance of the Christmas and New Year Holidays, the Main County Landfill and the five
Customer Convenience Centers will be closed on Tuesday, December 25, 2018, and Tuesday,
January 1, 2019. In addition, there will be no residential curbside services for recycling, garbage
or yard waste on December 25th and January 1st. The chart below provides information regarding
collection services in the unincorporated county and the municipalities. Residents may visit the
SWDD website at ircrecycles.com for more information.
Unincorporated IRC
City of Fellsmere
City of Sebastian Tuesday customers will receive garbage service on
Wednesday, Dec. 26 (Jan. 2).
There will be no yard waste services for Tues. customers until Jan. 81".
If you have questions regarding your service schedule,
please call Waste Management at 569-1776.
City of Vero Beach
Town of Orchid
Indian River Shores
SWDD Agenda
Tuesday customers will be serviced on
your next scheduled service day.
If you have questions regarding your service schedule,
please call the City of -1/8 Solid Waste Division at 978-5300.
Tuesday customers will be serviced on
Your next scheduled day.
No changes on New Year's service.
If you have any questions regarding your service schedule,
please call the Waste Pro at 595-9390.
Tuesday customers will be serviced on
your next scheduled service day.
If you have questions regarding your service schedule,
please call Republic Services at 562-6620 ext. 3.
2
- Page 1-
PROCLAMATION
HONORING RICHARD CARTER ONHIS RETIREMENT FROM
INDIANRIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF EMERGENCY SER VICES/FIRE RESCUE
WHEREAS, Richard Carter retires from Indian River County Fire Rescue effective
December 29, 2018, and
WHEREAS, Richard Carter began his career with Indian River County on April 7,
1991, as a Firefighter with EMT certification. On August 4, 2000, he was promoted to
Driver Engineer and soon after on July 30, 2004 was promoted to his present position
as Lieutenant; and
WHEREAS, Richard Carter has served this County and the Public with distinction and
selflessness excelling in many areas of the Fire Service with an exceptional aptitude
for Aerial Operations; and,
WHEREAS, his commitment to his crews and his work ethic have been greatly
appreciated by his employer, citizens and co-workers alike.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board
applauds Richard Carter'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
County for the last twenty-seven 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 181h day of December 2018.
BOARD OF COUNTY COMMISSIONERS
INDL4NRIVER COUNTY, FLORIDA
Bob Solari, Chairman
X-'.RO�.LA�1V�'� �'IUN
HONORING GEORGE PEREZ ONHIS RETIREMENT FROM
INDIANRIVER COUNTYBOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF COMMUNITY DE VEL OPMENTBUILDINGDIVISION
WHEREAS, George Perez retires from the Indian River County, Department of
Community Development, Building Division effective December 28, 2018; and
WHEREAS, George Perez began his career with Indian River County on October 7,
1991, as a Building Inspector L For a time, George transferred to the position of Code
Enforcement Officer and then transferred back to the Building Division. In August,
1994, George was promoted to Building Inspector II. In February, 1996 George was
promoted to Building Inspector Ili. In December 2005, George was promoted to Sr.
Building Inspector. In May, 2014, George was reclassified to Senior Building
Inspector/Plans Examiner where he continued in that capacity until his retirement,
and
WHEREAS, George Perez has served this County and the Public with distinction and
selflessness, equipped will: a ready smile or laugh. During his twenty-seven years of
service, lie 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 George Perez'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
County for the last twenty-seven 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 181h day of December, 2018.
BOARD OF COUNTY COMMISSIONERS
INDL4NRIVER COUNTY, FLORIDA
Bob Solari, Chairman
December 18, 2018
INFORMATIONAL ITEM 7J6r
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: December 18, 2018
SUBJECT: 2019 Treasure Coast Regional Planning Council (TCRPC)
Appointments
FROM: Misty L. Pursel, Commissioner Assistant
The Indian River County Board of County Commissioners Chairman, Bob Solari, has
appointed members to the Treasure Coast Regional Planning Council (TCRPC) for
2019. The attached letter from the Chairman was sent to the Treasure Coast Regional
Planning Council (TCRPC) to notify the TCRPC of the District appointments.
Attachment
5
BOARD OF COUNTY COMMISSIONERS
Bob Solari `SERC Joseph E. Flescher
m
Chairan OG District 2
District 5 q a
-�. Tim Zorc
Susan Adams h District 3
Vice Chairman
District 1 0R1�Peter D. O'Bryan
District 4
December 18, 2018
Michael J. Busha, AICP
Executive Director
Treasure Coast Regional Planning Council
421 SW Camden Avenue
Stuart, FL 34994
Dear Mr. Busha:
The Commissioner assignments for Indian River County will be confirmed at the regular Board of
County Commissioners meeting of December 18, 2018.
The Indian River County Commissioner assignments are listed below, and I trust and anticipate no
changes to the proposed list. Please accept the Indian River County Commission assignments as per
below:
Member: Commissioner Peter D. O'Bryan, IRC Board of County Commissioners
Alternate: Commissioner Joseph E. Flescher, IRC Board of County Commissioners
Member: Commissioner Susan Adams, IRC Board of County Commissioners
Alternate: Commissioner Tim Zorc, IRC Board of County Commissioners
Member: Councilman Ed Dodd, City of Sebastian
Alternate: Councilmember Laura Moss, City of Vero Beach
Member: Councilmember Simms Browning, Town of Orchid
Alternate: Mayor Joel Tyson, City of Fellsmere
Please find attached contact information for all members. Please contact me at 772 226 1440 should
you have any questions.
Sincerely,
Bob Solari
Chairman
1801 270 Street, Building A
Vero Beach, FL 32960
(772) 226-1490
6
TREASURE COAST REGIONAL PLANNING COUNCIL
2018-2019 MEMBERS AND.ALTERNATES
INDIAN RIVER COUNTY
The Honorable Peter D. O'Bryan
Commissioner, Indian River County
1801 27th Street
Vero Beach, FL 32960
772 226 1441
FAX: 772 770 5334
pobryran(c�ircgov.com
The Honorable Susan Adams
Commissioner, Indian River County
1801 271h Street
Vero Beach, FL 32960
772 226 1434
FAX: 772 770 5334
sad ams(o-),ircgov.com
The Honorable Ed Dodd
Council Member, City of Sebastian
1225 Main Street
Sebastian, FL 3.2958
772 539 2083
FAX: 772 589 5570
edodc (akityofsebastian.orq
The Honorable Simms Browning
Councilmember, Town of Orchid
7707 U.S. Highway 1, Suite 1
Vero Beach, FL 32967
772 581 2770
FAX: 772 581 2771
Town C lerk(cDtownofo rch id. corn
ALTERNATES
The Honorable Joseph E. Flescher
Commissioner, Indian River County
1801 27th Street
Vero Beach, FL 32960
772 226 1493
FAX: 772 770 5334
iflescher ircgov.com
The Honorable Tim Zorc
Commissioner, Indian River County
1801 271h Street
Vero Beach, FL 32960
772 226 1492
FAX: 772 770 5334
tzorc .ircgov.com
The Honorable Laura Moss
Councilmember, City of Vero Beach
POB 1389
Vero Beach, FL 32961
772 978 4700
FAX: 772 978 4790
cityclrk _covb.orq
The Honorable Joel Tyson
Mayor, City of Fellsmere
21 S. Cypress Street
Fellsmere, FL 32948
772 571 0116
FAX: 772 571 1901
cit cy lerk(a)-cityoffellsmere.org
7
December 18, 2018
INFORMATIONAL ITEM 7E
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: December 18, 2018
SUBJECT: 2019 Treasure Coast Regional Planning Council Comprehensive
Economic Development Strategy Committee (TCRPC CEDS) District
Appointment Member Listing
FROM: Misty L. Pursel, Commissioner Assistant
The Indian River County Board of County Commissioners have determined the District
appointed members to the TCRPC Comprehensive Economic Development Strategy
(CEDS). The attached letter from the Chairman was sent to the Treasure Coast
Regional Planning Council (TCRPC) to notify the TCRPC of the District appointments.
Attachment
BOARD OF COUNTY COMMISSIONERS
Bob Solari
VER I'
Chairman
D
District 5
4�
Susan Adams
i..
Vice Chairman
District 1
ORIS
December 18, 2018
Michael J. Busha, AICP
Executive Director
Treasure Coast Regional Planning Council
421 SW Camden Avenue
Stuart, FL 34994
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Bryan
District 4
Re: Appointment of Comprehensive Economic Development Strategy Committee Members
Dear Mr. Busha4
The Commissioner assignments for Indian River County for the Comprehensive Economic
Development Strategy (CEDS) Committee for Indian River County are as follows:
District 1 — Mark Mathes
District 2 — Kelly Armitage
District 3 — Helene Caseltine
District 4 — Bruce Redus
District 5 -- Vacant
This appointment will be for a one-year term commencing January 2019 continuing through
December 2019.
Please contact me at 772-226-1440 should you have any questions.
Sincerely,
Bob Solari
Chairman
1801 270^ Street, Building A
Vero Beach, FL 32960
(772) 226-1490
9
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 271h Street
Vero Beach, 'FL 32960
TO:, HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: ELISSA NAGY, FINANCE DIRECTOR
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: December 6, 2018
r
i
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Q� R0�<
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SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
November 30, 2018 to December 6, 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 30, 2018 to December 6, 2018.
10
CHECKS WRITTEN
TRANS NBR
DATE
VENDOR
AMOUNT
375312
11/30/2018
CLERK OF CIRCUIT COURT
410.00
375313
11/30/2018
AIR COMPRESSOR WORKS INC
90,208.85
375314
11/30/2018
KENDRA COPE
25.00
375315
11/30/2018
BEST VERSION MEDIA LLC
244.00
375316
11/30/2018
HOLLY BUNNELL
9,512.60
375317
11/30/2018
JOHN J DRISCOLL
40.00
375318
12/03/2018
ORANGE COUNTY HOUSING & C D
681.45
375319
12/03/2018
VERO BEACH EDGEWOOD PLACE LP
566.00
375320
12/03/2018
GRACES LANDING LTD
9,606.00
375321
12/03/20.18
LINDSEY GARDENS LTD
3,093.00
375322
12/03/2018
WILLIE C REAGAN
445.00
375323
12/03/2018
RIVER PARK ASSOCIATES LIMITED
14,257.00
375324
12/03/2018
CREATIVE CHOICE HOMES XVI LTD
12,430.00
375325
12/03/2018
DAVID YORK
596.00
375326
12/03/2018
ST FRANCIS MANOR OF VERO BEACH
256.00
375327
12/03/2018
CITY OF VERO BEACH
23.00
375328
12/03/2018
TREASURE COAST HOMELESS SERVICES
1,237.00
375329
12/03/2018
FLORIDA POWER AND LIGHT
177.00
375330
12/03/2018
VENETIAN APARTMENTS OF VERO BEACH
386.00
375331
12/03/2018
PINNACLE GROVE LTD
5,990.00
375332
12/03/2018
VERO CLUB PARTNERS LTD
14,661.00
.3 5
12/03/2018
DAVID SPARKS
378.00
375334
12/03/2018
INDIAN RIVER COUNTY HOUSING AUTHORITY
1,646.00
375335
12/03/2018
INDIAN RIVER COUNTY HOUSING AUTHORITY
116.00
375336
12/03/2018
INDIAN RIVER COUNTY HOUSING AUTHORITY
352.00
375337
12/03/2018
INDIAN RIVER COUNTY HOUSING AUTHORITY
423.00
375338
12103/2018
INDIAN RIVER COUNTY HOUSING AUTHORITY
478.00
375339
12/03/2018
INDIAN RIVER COUNTY HOUSING AUTHORITY
3,106.00
375340
12/03/2018
CRAIG MERRILL
897.00
375341
12/03/2018
CH'RIST'INE SALTER
477.00
375342
12/03/2018
HAGGERTY FAMILY LTD
369.00
375343
12/03/2018
SUNQUEST INC
5,159.00
375344
12/03%2018
THE PALMS AT VERO BEACH
12,314.00
375345
12/03/2018
DAVID CONDON
657.00
375346
12/03/2018
HILARY MCIVOR
702.00
375347
12/03/20,18
PELICAN ISLES LP
7,386.00
375348
12/03/2018
SUNCOAST REALTY & RENTAL MGMT LLC
4,051.00
375349
12/03/2018
OAK RIVER PROPERTIES INC
433.00
375350
12/03/2018
SONRISE VILLAS LTD
1,916.00
375351
12/03/2018
A.DINA GOLDMAN
540.00
375352
12/03/2018
INDIAN RIVER RDA LP
4,474.00
375353
12/03/2018
GEORGE THUYNS
638.00
375354
12/03/2018
LAZY J LLC
1,943.00
375355
12/03/2018
JESSE LEWIS
667.00
375356
12/03/2018
SYLVIA MCNEILL
727.00
375357
12/03/2018
SKOKIE HOLDINGS INC
200.00
375358
12/03/2018
ROGER WINSLOW
468.00
375359
12/03/2018
OSLO VALLEY PROPERTIES INC
185.00
375360
12/03/2018
SAID S MOOBARK
1,335.00
375361
12/03/2018
LINDSEY GARDENS 11 LTD
6,583.00
375362
12/03/2018
ANTHONY ARROYO
695.00
375363
12/03/2018
AHS HOLDINGS GROUP LLC
2,043.00
375364
12/03/2018
DANIEL CORY MARTIN
732.00
375365
12/03/2018
YVONNE KOUTSOFIOS
54.00
375366
12/03/2018
ALAN R TOKAR
679.00
375367
12/03/2018
VERO BEACH VILLAS I LLC
457.00
375368
12/03/2018
BRIAN E GALLAGHER
540.00
375369
12/03/2018
HOUSING AUTHORITY
775.08
11
f
TRANS NBR
DATE
VENDOR AMOUNT
375370
12/03/2018
STEPHANIE WATCHEK FOUNTAIN TRUST
162.00
375371
12/03/2018
SCOT WILKE
510.00
375372
12/03/2018
THEODORE BARTOSIEWICZ
497.00
375373
12/03/2018
FOUNDATION FOR AFFORDABLE RENTAL
21,420.00
375374
12/03/2018
RICHARD KUSSEROW
469.00
375375
12/03/2018
ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY Ir
509.00
375376
12/03/2018
SONRISE VILLAS II LLC
320.00
375377
12/03/2018
JOHN T STANLEY
782.00
375378
12/03/2018
WEDGEWOOD RENTALS LLC
1,593.00
375379
12/03/2018
ALMA LUCKETT
825.00
375380
12/03/2018
MCLAUGHLIN PROPERTIES LLC
1;515.00
375381
.12/0312018
JOYCE BODANZA
593.00
375382
.12/03/2018
MYRIAM MELENDEZ
460.00
375383
12/03/2018
WATSON REALTY GROUP
3,962.00
375384
12/03/2018
JAMES R LYONS
407.00
375385
12/03/2018
SHEJI LLC
443.00
375386
12/06/2018
PORT CONSOLIDATED INC
1,453.69
375387
12/06/2018
GUARDIAN EQUIPMENT .INC
110.00
375388
12/06/2018
JORDAN MOWER INC
201.83
375389
12/06/2018
COMMUNICATIONS INTERNATIONAL
299.66
375390
12/06/2018
TEN -8 FIRE EQUIPMENT INC
4,348.35
375391
12/06/2018
RANGER CONSTRUCTION IND INC
318.00
375392
12/06/2018
FISHER SCIENTIFIC COMPANY LLC
3,622.50
375393
12/06/2018
VERO CHEMICAL DISTRIBUTORS INC
1,240.63
375394
12/06/2018
PALMDALE OIL COMPANY INC
3,032.24
375395
12/06/2018
CHISHOLM CORP OF VERO
954.00
375396
12/06/2018
KIMLEY HORN & ASSOC INC
324.88
375397
12/06/2018
HENRY SCHEIN INC
1,878.96
375398
12/06/2018
VELDE FORD INC
83.44
375399
12/06/2018
AT&T WIRELESS
1,572.64
375400
12/06/2018
DATA FLOW SYSTEMS INC
7,896.07
375401
12/06/2018
THOMAS P'WHITE
21645.00
375402
12/06/2018
PARALEE COMPANY INC
3,649.00
375403
12/06/2018
GRAINGER
1.985.57
375404
12/06/2018
KELLY TRACTOR CO
190.44
375405
12/06/2018
GENES AUTO GLASS INC
110.00
375406
12/06/2018
GRAYBAR ELECTRIC
584.60
375407
12/06/2018
MY RECEPTIONIST INC
1,259.79
375408
12/06/2018
MY RECEPTIONIST INC
1,302.56
375409
12/06/2018
HACH CO
15,956.00
375410
12106/2018
LFI FORT PIERCE INC
5,263.56
375411.
12/06/2018
CLIFF BERRY INC
549.50
375412
12/06/2018
AVERY DENNISON CORPORATION
2,117.00
375413
12/06/2018
PARKSON CORPORATION
49,662.00
375414
12/06/2018
BOUND TREE MEDICAL LLC
549.55
375415
12/06/2018
PETES CONCRETE
10,185.00
375416
.12/06/2018
ECOTECH CONSULTANTS INC
2.667.00
375417
12/06/2018
VERO INDUSTRIAL SUPPLY INC
737.38
375418
12/06/2018
EXPRESS REEL GRINDING INC
1,400.00
375419
12/06/2018
TIRESOLES OF BROWARD INC
5,245.81
375420
12/06/2018
AMERICAN WATER CHEMICALS INC
25,004.20
375421
12/06/2018
CARTER ASSOCIATES INC
5,375.50
375422
12/06/2018
DELL MARKETING LP
3,890.00
375423
12/06/2018
BLAKESLEE SERVICES INC
710.00
375424
12/06/2018
BAKER & TAYLOR INC
2,561.18
375425
12/06/2018
MIDWEST TAPE LLC
1,617.05
375426
12/06/2018
MWI CORP
1,166.57
375427
12/06/2018
MICROMARKETING LLC
312.68
375428
12/06/2018
K & M ELECTRIC SUPPLY
36.36
375429
12/06/2018
CENGAGE LEARNING INC
326.26
12
TRANS NBR
DATE
VENDOR
AMOUNT
375430
12/06/2018
PALM TRUCK CENTERS INC
394.40
375431
12/06/2018
PENWORTHY COMPANY
834.95
375432
12/06/2018
GO COASTAL INC
94.35
375433
12/06/2018
SOFTWARE HARDWARE INTEGRATION
328.00
375434
12/06/2018
SUNSHINE SAFETY COUNCIL INC
299.00
375435
12/06/2018
CITY OF VERO BEACH
334.86
375436
12/06/2018
CITY OF VERO BEACH
2,927.44
375437
12/06/2018
BEST WESTERN
184.00
375438
12/06/2018
UNITED PARCEL SERVICE INC
15.90
375439
12/06/2018
FERGUSON ENTERPRISES INC
11,050.30
375440
12/06/2018
JANITORIAL DEPOT OF AMERICA INC
304.30
375441
12/06/20.18
PUBLIX SUPERMARKETS
125.00
375442
12/06/2018
PUBLIX SUPERMARKETS
6.79
375443
12/06/2018
PUBLIX SUPERMARKETS
22.50
375444
12/06/2018
DEANGELO BROTHERS INC
783.00
375445
12/06/2018
GEOSYNTEC CONSULTANTS INC
4,360.26
375446
12/06/2018
GARY CONKLIN
50.00
375447
12/06/2018
CALLAWAY GOLF SALES COMPANY
107.60
375448
12/06/2018
FLORIDA BLUE
1.819.85
375449
12/06/2018
TAYLOR MADE GOLF CO INC
166.55
375450
12/06/2018
KENNETH CAMPBELL SENIOR
40.00
375451
12/06/2018
STRUNK FUNERAL HOMES & CREMATORY
425.00
375452
12/06/2018
MEDICARE PART B FINANCIAL SERVICES
274.36
375453
12/06/2018
JASON E BROWN
219.32
375454
12/06/2018
FLORIDA DEPT OF ENVIRONMENTAL PROTECTION
250.00
375455
12/06/2018
FLORIDA DEPT OF ENVIRONMENTAL PROTECTION
650.00
375456
12/06/2018
CHANNING BETE CO INC
80.95
375457
12/06/2018
INTERNATIONAL ASSOCIATION OF
275.00
375458
12/06/2018
NATIONAL ALLIANCE FOR YOUTH SPORTS INC
20.00
375459
12/06/2018
ALAN C KAUFFMANN
240.00
375460
12/06/2018
CIGNA
204.15
375461
12106/2018
CIGNA
528.53
375462
12/06/2018
NAEMT
225.00
375463
12/06/2018
14UMANA
161.81
375464
12/06/2018
RUSSELL PAYNE INC
477.92
375465
12/06/2018
CELICO PARTNERSHIP
215.90
375466
12/06/2018
WILLIAM SCHUTT
100.00
375467
12/06/2018
CINTAS CORPORATION NO 2
217.73
375468
12;06/2018
CINDY CORRENTE
23.85
375469
12106/2018
INDIAN RIVER DOG TRAINING CLUB INC
250.00
375470
12/06/2018
VAN WAL INC
1,170.00
375471
12/06/2018
ALAN HILL
160.76
375472
12/06/2018
FASTENAL COMPANY
982.12
375473
12/06/2018
OTC DIRECT INC
592.02
375474
12106/2018
SOUTHERN JANITOR SUPPLY INC
3,862.91
375475
12/06/2018
MBV ENGINEERING INC
4,002.50
375476
12/06/2018
CENTRAL PUMP & SUPPLY INC
347.09
375477
12/06/20.18
STAPLES CONTRACT & COMMERCIAL INC
506.07
375478
12/06/2018
WILLIAM ROWE
200.00
375479
12/06/2018
SEBASTIAN RIVER AREA CHAMBER OF COMMERCE
454.71
375480
12/06/2018
ORCHID ISLAND .PROPERTY MGMT 11 INC
- 550.00
375481
12/06/2018
PETER OBRYAN
15.3.1
375482
12/0612018
RUSH TRUCK CENTERS OF FLORIDA
87.90
375483
12/06/2018
JOHNNY B SMITH
220.00
375484
12/06/20.18
GLOBALSTAR USA
189.73
375485
12/06/2018
CHARLES A WALKER
80.00
375486
12/06/2018
FISHER & PHILLIPS LLP
1,120.00
375487
12/06/2018
ADINA GOLDMAN
542.00
375488
12/06/2018
GUARDIAN COMMUNITY RESOURCE MANAGEMENT
4.750.00
375489
12/06/2018
FREDER.ICKS, JOHN
78.69
13
I
TRANS NBR
DATE
VENDOR
AMOUNT
375490
12/06/2018
CHERRY, DAVID P
90.98
375491
12/06/2018
VERO BEACH BROADCASTERS LLC
720.00
375492
12/06/2018
VERO BEACH BROADCASTERS LLC
720.00
375493
12/06/2018
HLP. INC.
4,080.00
375494
12/06/2018
FLEETBOSS G P S INC.
13,297.80
375495
12/06/2018
WINSUPPLY OF VERO BEACH
33.42
375496
12/06/2018
YOLANDA BELL
20.00
375497
12/06/2018
SANDYARACENA
60.00
375498
12/06/20.18
FLORIDA MEDICAID
91.53
375499
12/06/2018
ROBIN MILLER
74.00
375500
12/06/2018
BRENNTAG MID -SOUTH INC
20,651.33
375501
12/06/2018
NALC
373.52
375502
12/06/2018
TAMPA BAY LIBRARY CONSORTIUM
2,000.00
375503
12/06/2018
FLORIDAARMATURE WORKS INC
13,317.49
375504
12/06/2018
OVERDRIVE INC
2._689.28
375505
12/06/2018
BERMUDA SANDS APPAREL LLC
774.50
375506
12/06/2018
AMETEK DREXE.LBROOK
1,073.51
375507
.12/06/2018
AUTOMATIONDIRECT.COM INC
459.00
375508
12/06/2018
SEMS TECHNOLOGIES LLC
13,800.00
375509
12/06/2018
BARBARA RIGGIN CO TRUSTEE
6.00
375510
12/06/2018
NEXBELT LLC
140.00
375511
.12/06/2018
ALTERATIONS BLESSED
236.00
375512
12/06/2018
LOWES HOME CENTERS INC
4,573.22
375513
12/06/2018
RAFTELIS FINANCIAL CONSULTANTS INC
2,874.84
375514
12!06/2018
RAFTELIS FINANCIAL CONSULTANTS INC
3,331.93
375515
12/06/2018
GAUDET ASSOCIATES INC
881.75
375516
12/06/2018
CARDINAL HEALTH 110 INC
50.97
375517
12/06/2018
MUNICIPAL EMERGENCY SERVICES INC
1,531.40
375518
12/06/2018
CARROT TOP INDUSTRIES INC
2,020.00
375519
12/06/2018
ALEX MIKLO
110.00
375520
12/06/2018
BURNETT LIME CO INC
28,449.40
375521
12/06/2018
TREASURE COAST TURF INC
694.00
375522
12/06/2018
PENGUIN RANDOM HOUSE LLC
426.00
375523
12/06/2018
CARMEN LEWIS
122.50
375524
12/06/2018
STRAIGHT OAK LLC
273.00
375525
12/06/2018
ASW LLC
371.90
375526
12/06/2018
STEWART & STEVENSON FDDA LLC
844.26
375527
12/06/2018
CHEMTRADE CHEMICALS CORPORTATION
4_,932.35
375528
12106/2018
DYLAN REINGOLD
347.50
375529
12/06/2018
SUSAN ADAMS
182.96
375530
12106/2018
FORTILINE INC
15,332.00
375531
12/06/2018
THE LAW OFFICES OF
801.00
375532
12/06/2018
BERNARD EGAN & COMPANY
10,248.60
375533
12/06/2018
AMERITAS
27.249.64
375534
12/06/2018
BRYAN CAVE LLP
16.416.20
375535
12/06/2018
DATABASES USA LLC
6.721.00
375536
12/06/2018
RONALD NICHELSON
80.00
375537
12/06/2018
FOUNDATION FOR AFFORDABLE RENTAL
186.00
375538
12/06/2018
IMAGE ACCESS INC
1.787.00
375539
12/06/2018
COBRA GOLF INCORPORATED
1,154.94
375540
12/06/2018
MICHAEL EDWARD HAMILTON
300.00
375541
12/06/2018
SYLTVIA MILLER
2.527.00
375542
12/06/2018
HAWKINS INC
652.50
375543
12/06/2018
JOSEPH Dl/_ONNO
90.00
375544
12/06/2018
CATHEDRAL CORPORATION
5,984.81
375545
12/06/2018
UNIFIRST CORPORATION
685.47
375546
12/06/2018
WILSON SPORTING GOODS CO
2,420.56
375547
12/06/2018
CCNK LLC
9,800.00
375548
12/06/2018
SITEONE LANDSCAPE SUPPLY LLC
246.95
375549
12/06/2018
GOTTA GO GREEN ENTERPISES INC
398.62
14
e
TRANS NBR
DATE
VENDOR
AMOUNT
375550
12/06/2018
ADVANCE STORES COMPANY INCORPORATED
397.05
375551
12/06/2018
WURTH USA INC
160.22
375552
12/06/2018
AC VETERINARY SPECIALTY SERVICES
261.99
375553
12/06/2018
LESLIE N MUNROE
50.00
375554
12/06/2018
MATHESON TRI-GAS INC
19,198.24
375555
12/06/2018
PEOPLE READY INC
12,027.81
375556
12/06/2018
LINKSOUL LLC
670.03
375557
12/06/2018
EMILY GOUGE
60.00
375558
12/06/2018
CANARX GROUP INC
14,166.50
375559
12/06/2018
COLE AUTO SUPPLY INC
655.66.
375560
12/06/2018
KREMEDY LLC
2,552.00
375561
12/06/2018
RHOADES AIR & HEAT
16,089.25
375562
12/06/2018
KONICA MINOLTA BUSINESS SOLUTIONS
706.91
375563
12/06/2018
OZARK MARTERIALS LLC
2,638.96
375564
12/06/2018
THOMAS R PILIERO
45.00
375565
12/06/2018
RECYCLING ROCKS .LLC
200.00
375566
12/06/2018
NESTLE WATERS NORTH AMERICA
139.78
375567
12/06/2018
CORE & MAIN LP
5,852.65
375568
12/06/2018
MC DERMOTT WILL & EMERY LLP
10,000.00
375569
12/06/2018
ADVANTAGE GOLF CARS INC
509.40
375570
12/06/2018
SECURE BY DESIGN INC
600.00
375571
12/06/2018
WOERNER AGRIBUSINESS LLC
534.00
375572
12/06/2018
CLEAR HEALTH ALLIANCE MEDICAID
88.58
375573
12/06/2018
REXEL USA INC
502.20
375574
12/06/2018
CHANGE HEALTHCARE LLC
38,957.44
375575
12/06/201.8
OSBURN ASSOCIATES INC
21,903.00
375576
12/06/2018
STEPHEN STONE
120.00
375577
12/06/2018
JOSEPH LORINO
130.00
375578
12/06/2018
VIKING LANDSCAPING LLC
7,500.00
375579
12/06/2018
PICKLEBALL UNIVERSITY INC
547.00
375580
12/06/2018
VISTA OUTDOOR SALES LLC
1,529.75
375581
12/06/2018
LOUIS SCLEASE
27,437.96
375582
12/06/2018
CONCORDANCE HEALTHCARE SOLUTIONS LLC
394.60
375583
12/06/2018
RAMONA MURPHY
15.00
375584
12/06/2018
FARROW CONTSTRUCTION CORP
6,712.46
375585
12/06/2018
BURRIS COMPUTER FORMS
164.82
375586
12/06/2018
AMAZON CAPITAL SERVICES .INC
2,510.49
375587
12/06/2018
ARMOROCK LLC
10,022.00
375588
12/06/2018
VERONIQUE ORY STURIALE
30.00
375589
12/06/2018
ANNE SACHS
25.00
375590
12/06/2018
PREMIER LANDSCAPE SOLUTIONS OF IR LLC
2,000.00
375591
12/06/2018
W&J CONSTRUCTION CORP
121,717.04
375592
12/06/2018
GSE HOLDING INC
835.00
375593
12/06/2018
DAYTONA STATE COLLEGE INC
450.00
375594
12/06/2018
PIRATE PEST CONTROL LLC
203.00
375595
12/06/2018
GLADYS MILLER
38.97
375596
12/06/2018
SOUTHEAST PUMP SPECIALIST INC
2,633.45
375597
12/06/2018
JOHN TORRES
20.00
375598
12/06/2018
AMERIGAS PROPANE LP
90.61
375599
.12/06/2018
AMERIGAS PROPANE LP
1,441.33
375600
12/06/2018
AMERIGAS PROPANE LP
1,992.47
375601
12/06/2018
CHARLES FELVUS
120.00
375602
12/06/2018
JOHN J DRISCOLL
120.00
375603
12/06/2018
DAVID MIKE
60.00
375604
12/06/2018
MARIE GERMINAL
100.00
375605
12/06/2018
THE HOPE FOR FAMILIES CENTER INC
2,581.40
375606
12/06/2018
LUCIAN.LEWIS
3,078.00
375607
12/06/2018
INDIAN RIVER CLUB COMMUNITY ASSOCIATION INC
150.00
375608
12/06/2018
PRO SPORT FITNESS LLC
740.30
375609
12/06/2018
CELSO PEREZ
103.47
15
TRANS NBR
DATE
VENDOR
AMOUNT
375610
12/06/2018
DONN PERALA
610.00
375611
12/06/2018
FRANK WALDEN JR
98.80
375612
12/06/2018
JULIO MELENDEZ
100.00
375613
12/06/2018
ROBERT A LEE
7.79
375614
12/06/2018
R.ITA F SIMONETTI
25.00
375615
12/06/2018
MORTON SCHWARTZ
96.39
375616
12/06/2018
SECURE GAS R MAINTENANCE INC
125.00
375617
12/06/2018
AUSTIN REYNOLDS
40.00
375618
12/06/2018
DAVID D HAMMAN
75.44
375619
12/06/2018
BETTY A BOYD
98.16
Grand Total:
1,062,969.81
16
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
AMOUNT
1014220
12/04/2018
INDIAN R.IVCR BATTERY
41335
1014221
12/04/2018
APPLE INDUSTRIAL SUPPLY CO
526.30
1014222
12/04/20.18
SMITH .BROTHERS CONTRACTING EQUIP
361.70
1014223
12/04/2018
GALLS LLC
683.60
101.4224
12/04/2018
ABCO GARAGE DOOR CO INC
50.00
1014225
12/04/2018
AIR COMPRESSOR WORKS INC
5.973.67
1014226
12/0412018
GROVE WELDERS INC
489.60
1014227
12/04/2018
FIRST HOSPITAL LABORATORIES INC
451.50
1014228
12/04!2018
APPLE MACHINE & SUPPLY CO
2,817.74
1014229
12/04/2018
COMO OlL COMPANY OF FLORIDA
240.85
1014230
12/04/2018
FLORIDA LEVEL & TRANSIT CO INC
19.00
1014231
12/04/2018
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
299.06
10142332
12/04/2018
AUTO PARTNERS LLC
9.70
1014233
12/04.12018
WRIGHT FASTENER COMPANY LLC
572.00
1014234
12/04/2018
COUNTY'MATERIALS CORPORATION
2,553.60
1014235
12/04/2018
ALLIED DIVERSIFIED OF'VERO BEACH LLC
15.500.00
1014236
12/04/2018
EFE INC
3,138.22
1014237
12/04/2018
AT&T
8,360.38
1014238
12/04/2018
WASTE MANAGEMENT INC
2,302.49
1014239
12/04/2018
COMCAST
389.08
1014240
12/05/2018
OFFICE DEPOT BSD CUSTOMER SVC
1,458.97
1014241
12/06/2018
INDIAN RIVER BATTERY
505.75
1014242
12/06/2018
MIKES GARAGE & WRECKER SERVICE INC
125.00
1014243
12/06/2018
DAVES SPORTING GOODS & TROPHIES
1,088.50
1014244
12/0612018
APPLE INDUSTRIAL SUPPLY CO
191.46
1014245
12/06/2018
GALLS :LLC
2.163.71
1014246
12/06/2018
MEEKS PLUMBING INC
390.88
1014247
12/06/2018
ABCO GARAGE DOOR CO INC
475.50
1014248
12/06/2018
ALLIED UNIVERSAL CORP
20,059.95
1014249
12/06/2018
IRRIGATION CONSULTANTS UNLIMITED INC
593.15
1014250
12/06/2018
GROVE WELDERS INC
66.33
1014251
12/06/2018
SOUTHERN COMPUTER WAREHOUSE :MC
5_.098.65
1014252
12/06/2018
COMO OIL COMPANY OF FLORIDA
12.71
1014253
12/06/2018
GLOBAL GOLF SALES INC
431.59
1014254
12/06/2018
COMPLETE ELECTRIC INC
748.81
1014255
12/06/2018
BARKER. ELECTRIC,AIR CONDITIONING
11,640.00
1014256
12/06/2018
SHRI EVE CHEMICAL CO
16,314.12
1014257
12/06/2018
RECI•ITI.EN INTERNATIONAL TRUCKS
229.90
1014258
12/06/2018
GREAT SOUTHERN EQUIPMENT CO
7,167.54
1014259
12/06/2018
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
249.61
1014260
12/06/2018
WACO FILTERS CORPORATION
13.878.00
1014261
12/06/2018
AUTO PARTNERS LLC
362.02
1014262
12/06/2018
L&L DISTRIBUTORS
73.32
1014263
12/06/2018
PIONEER MANUFACTURING
1,062.50
1014264
12/06/2018
STAT MEDICAL DISPOSAL INC
825.00
1014265
12/06/2018
HYDRA SERVICE (S) INC
1,931.00
1014266
12/06/2018
EASY PICKER GOLF PRODUCTS INC
432.19
1014267
12/06/2018
NEXAI.R LLC
812.56
1014268
12/06/2018
PACE ANYAI_YTICAL LLC
108.00
Grand Total:
133,648.56
17
ELECTRONIC PAYMENTS - WIRE & ACH
TRANS NBR
DATE
VENDOR
AMOUNT
6382
11/30/2018
RX BENEFITS 'INC
235,705.06
6383
11130/2018
IRC FIRE FIGHTERS ASSOC
9,829.40
6384
1 U30/2018
HUMANE SOCIETY
19,760.00
6385
1150/2018
NATIONWIDE SOLUTIONS RETIREMENT INC
4,738.08
6386
11/30/2018
NATIONWIDE SOLUTIONS RETIREMENT NC
66,761.46
6357
12/03/2018
ST LUCIE BATTERY & TIRE CO
1,000.00
6388
12/03/2018
CLERK OF CIRCUIT COURT
86,776.25
6389
12/03/2018
FL SDU
5,935.10
6390
12/03/2018
INDIAN RIVER COUNTY SHERIFF
4,076,513.98
6391
12/03/2018
INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS
92,596.64
6392
12/03/2018
SCHOOL DISTRICT OF I R COUNTY
20,258.08
6393
12/03/2018
IRS -PAYROLL TAXES
500,432.42
6394
12/04/2018
AMERICAN FAMILY LIFE ASSURANCE CO
28,893.62
6395
12/04/2018
IRC CHAMBER. OF COMMERCE
10,458.9S
6396
12/04/2018
IRC CHAMBER OF COMMERCE
13,492.07
6397
12/04/2018
ALLSTATE
171.59
6398
12/04/2018
RX BENEFITS INC
2,566.93
P -CARD
12/04/2018
TD BANK, N.A.
10,546.76
6399
12/05/2018
CLERK OF CIRCUIT COURT
5.24
6400
12/05/2018
MUTUAL OF OMAHA
7,241.99
6401
12/05/2018
FIDELITY SECURITY LIFE INSURANCE COMPANY
3,498.46
6402
12/06/2018
INDIAN RIVER COUNTY SHERIFF
2,587.18
6403
12/06/2018
FL RETIREMENT SYSTEM
974,353.41
Grand Total:
6,174,122.70
18
VER
Office of the
a INDIAN RIVER COUNTY
ADMINISTRATOR
ORt� A
Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
Dori Roy, Assistant to the Administrator
MEMORANDUM
TO: Members of the Board of County Commissioners
FROM: Dori Roy
Assistant to the Administrator
DATE: December 7, 2018
SUBJECT: FY 2017-2018 Records Disposition Compliance Statement and
Records Management Liaison Officer Form
Indian River County Board of County Commission
Description
Florida Public Agencies are required to maintain specific information documenting the
disposition of public records. According to Rule 1B-24.003(11), Florida Administrative Code,
each agency is required to submit an annual statement to the Division of Library and Information
Services, Florida Department of State, which includes a signed records management compliance
statement attesting to the agency's compliance with Florida public records disposition laws,
rules, and procedures.
Attached is the annual Records Management Compliance Statement for Fiscal Year 2017-2018
for the Indian River County Board of County Commission.
Recommendation
It is recommended that the Chairman be authorized to sign the Records Management
Compliance Statement for Fiscal Year 2017 - 2018 for the Indian River County Board of County
Commission.
Attachments: Florida Department of State Letter dated November 1, 2018
Record Disposition Compliance Statement
19
A ..
i .
FLORIDA DEPARTMENT 0 STATE
_ _._._.._....----.._..._---------_-----__ ,
RICK SCOTT
Governor
November 1, 2018
Ms. Doris E. Roy
Indian River County Board of County Commissioners
1801 27th Street
Building A
Vero Beach, FL 32960-336.5
Dear Ms. Roy:
KEN DETZNER
Secretary of' State
As a Florida public agency, you are required by Rule 113-24.003(1 1), Florida Administrative
Code, to submit annually to the Division of Library and Information Services "a signed
statement attesting to the agency's compliance with records disposition laws, rules, and
procedures.",Based on these annual statements, an annual report on statewide coirnpliance is
submitted to the Legislature and the Executive Office of the. Governor for their consideration and
action.
For your convenience, we am providing the enclosed Record's Management Compliance
Statement to report your.agency's compliance status. Please complete all information in Section
1, the Compliance Certification, and make any necessary additions or corrections in Sections II
and II1. Please return one signed copy of the form (do not return this letter) to the mailing
address or email address indicated at the bottom of the form by December 31, 2018.
We appreciate your prompt attention to this matter. If we can be, of service to your agency,
please do not hesitate to contact us at 850.245.6750 or recingtC�dos.myfl orida.com.
Sincerely,
!�
aw�6
Beth Golding, Chief
Bureau of Archives and Records Management
BGfbti
Enclosure
Division of Library and Information Services
R.A. Gray Building Y 500 South Bronough Street • Tallahassee, Florida 32399 2
850.245.6600 + 850.245.6735 (Fax) 4 info.florida.gov
RECORDS MANAGEMENT COMPLIANCE STATEMENT
Fiscal Year 2017-2018
AgencylD: C0620500
tSection 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency' shall mean any state. county, district, or municipal officer, department, division,
bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying
with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and
efficient management of records."
=Rule 1 B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by
the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29. F.S.,
Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being
disposed of, agencies shall identify and document the following: 1, Records retention schedule number: 2. item number, 3. Record series title: 4. Inclusive dates of the
records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed
records were in electronic form; and 6. Disposition action (manner of disposition) and date.'
Please complete and return this compliance statement by December 31, 2018 (submit one copy only, please) to:
Department of State
Records Management Program, Mail Station 9E QR recmgt@dos.myflorida.com
Tallahassee, FL 32399-0250
21
1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1 B-24.003(9), Florida
Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic,
including email; microfilm; audio; video; etc.).
C
Yes ❑ No (Unmarked responses will be recorded as not in compliance.)
M
2. This agency disposed of -311 cubic feet of records during the fiscal year indicated above.
_ E
c
3. This agency disposed of records in electronic form during the fiscal year indicated above.
d
o U
A Yes GNo (It is not necessary to indicate volume of electronic records disposed.)
� ar
4. ❑ Check here if you would like to be contacted for assistance. Indicate your questionstareas of concern on
—
the reverse side of this form.
CL
Agency Head Signature: Date:
C
U
Name of Agency Head (please print):
Title of Agency Head (please print):
Please indicate changes to Agency Information on the lines provided on the right.
c
Current Information:
=E
Please do not erase or cover information below. Indicate changes or additions on the lines below.
C p
Agency Name: Indian River County Board of County Commissioners
iL
Agency Head: Mr. Peter D. O'Bryan /u y- r Bob S0 6, r - I Lr>✓l t r mo-yN
0 v
Address: 1801 27th Street
d
Q
Building A
Vero Beach, Florida 32960-3365
Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer
(RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank,
c:
please designate an RMLO for your agency on the lines provided on the right.
Current Information:
— R
E
Please do not erase or cover information below. Indicate changes or additions on the lines below.
.22
RMLO: Ms. Doris E. Roy
y
Address: 1801 27th Street
rA 00
Building A
(Y
Vero Beach, FL 32960-3365
Phone: (772) 226-1408 Ext.:
Email: droya@ircgov.com
tSection 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency' shall mean any state. county, district, or municipal officer, department, division,
bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying
with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and
efficient management of records."
=Rule 1 B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by
the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29. F.S.,
Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being
disposed of, agencies shall identify and document the following: 1, Records retention schedule number: 2. item number, 3. Record series title: 4. Inclusive dates of the
records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed
records were in electronic form; and 6. Disposition action (manner of disposition) and date.'
Please complete and return this compliance statement by December 31, 2018 (submit one copy only, please) to:
Department of State
Records Management Program, Mail Station 9E QR recmgt@dos.myflorida.com
Tallahassee, FL 32399-0250
21
Consent Agenda - B.C.C. 12.18.18
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: Kate Pingolt Cotner, Assistant County Attornee
DATE: December 6, 2018
SUBJECT: Lobbyist for 2019 Legislative Session
BACKGROUND:
ATTORNEY
Since February 17, 2015, Anfield Consulting, Inc., has been assisting Indian River County with various
issues including, but not limited to, legislation regarding the High -Speed Passenger Rail Safety Act and
obtaining funding for water projects. The current term of Indian River County's contract with Anfield
Consulting, Inc., expires on December 31, 2018. The County Attorney's Office recommends continuing to
utilize Anfield Consulting, Inc., during the 2019 State Legislative Session.
FUNDING:
Funding for lobbying services have been included in the BCC Office budget under the Other Professional
Services Account Number 00110111-033190 for $120,000.00.
RECOMMENDATION:
The County Attorney's Office recommends that the Board enter into an agreement. with Anfield
Consulting, Inc., for lobbying services for the term of January 1, 2019, to December 31, 20.19, and
authorize the County Administrator to execute the referenced agreement.
ATTACHMENT(S).
Agreement for Professional Services
22
Ct�NSULTiNG
AGREEMENT FOR PROFESSIONAL SERVICES
This contract for professional services (hereinafter referred to as "Agreement") is by and
between Anfield Consulting, Inc. a privately -owned corporation registered in the State of
Florida (hereinafter referred to as "ANFIELD"), and Indian River County of the State of
Florida (hereinafter referred to as "CLIENT"). ANFIELD and CLIENT shall collectively
be referred to as the "Parties."
(1) Services: ANFIELD shall assist CLIENT with lobbying all relevant issues before
the State Legislature and the Executive Branch including all relative agencies. Specific
services shall include, tracking of legislation impacting the County, drafting legislation as
needed, securing sponsors for bills and amendments and passage of same. Promoting and
secure appropriations for projects as requested. In addition ANFIELD shall serve as a
representative and spokesperson in meetings with state, regional and local governmental
entities, members of the Florida Legislature, executive and legislative branch staff, and
other stakeholders in Florida.
All representations made by ANFIELD on CLIENT'S behalf shall be subject to prior
approval by CLIENT'S authorized representative, Jason Brown, County Administrator or
his designee.
(2) Term and Compensation: The term of this Agreement will commence on January
1, 2019, and end December 31, 2019. CLIENT will pay ANFIELD the sum total of one
hundred and twenty thousand dollars ($120,000.00) to perform the services specified in
Section (1) (the total sum may also be referred to as the "fee"). Fee payment shall be made
as follows: twelve (12) payments in the amount often thousand dollars ($10,000.00) each
shall be payable monthly beginning with the following month, and upon receipt of an
invoice from ANFIELD. All payments will be made by check or money order consistent
with Section (3) of this Agreement.
After consultation and with prior approval from CLIENT, ANFIELD may retain the
services of third parties as necessary to successfully complete all assignments from
CLIENT. Unless otherwise agreed to by CLIENT any additional representation shall be
included under the terms of this agreement.
The retainer and monthly fee payable to ANFIELD covers all incidental costs or fees
related to services provided by subcontractors identified by ANFIELD and authorized by
CLIENT for retention such as regular U.S. mail, copies, and telephone. However,
ANFIELD shall be entitled to reimbursement in addition to the retainer and monthly fee
for those additional expenses including but not limited to business travel, lodging, state or
local lobbying registration or renewal fees, express mail costs, costs of preparing
Page 1 of 3
23
presentation materials needed to represent the client, and similar related costs during the
term of the agreement. ANFIELD will discuss such expenditures before incurring them
and to receive prior authorization for said expenses from CLIENT'S authorized
representative, Jason Brown, County Administrator.
(3) Issuance of Payments and Notice: CLIENT shall make checks payable to
ANFIELD Consulting, Inc. and send payment(s) to: 201 West Park Avenue, Suite 100,
Tallahassee, FL 32301. All written notices from CLIENT to ANFIELD shall also be sent
to this address.
(4) Renewal and Termination: This Agreement may be modified or extended only by
a written document signed by both Parties. Conversely, either Party may terminate this
Agreement prior to the date (if applicable) established in section (2) of this Agreement by
providing written notice to the other Party thirty (30) days prior to the desired date of
termination. CLIENT shall pay ANFIELD for any and all services and CLIENT approved
expenses during the term of this Agreement up to and until the established date of
termination. In the event of early termination, the final amount to be paid shall be
established on a pro -rata basis based on number of business days in a calendar year. If
retainer and monthly fee exceed the pro -rata amount due, ANFIELD shall remit the
difference within 30 days of termination in a check or money order payable to: Baptist
Health Care.
(5) Governing Law: This Agreement is executed in the State of Florida and shall be
construed, interpreted, and governed by the laws of such state, and by all applicable laws
of the United States of America.
(6) Confidentiality: ANFIELD acknowledges and understands that this Agreement
and the services rendered to the CLIENT are confidential between the two Parties and that
a violation or breach of confidentiality is cause for termination and other relief pursuant to
section (5) of this Agreement.
(7) Agreement Execution: The Parties, after reviewing, reading, and understanding the
contents of this document, do hereby execute this Agreement by their respective signatures.
This Agreement is effective as of the date of the last signature below.
For Anfield Consulting, Inc.:
Albert Balido, Managing Member
Date Executed
Page 2 of 3
24
For Indian River County:
Jason Brown, County Administrator
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
ylan Reingold, County Attorney
Date Executed
Page 3 of 3
25
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Stan Boling, AICP; Community Development Director
Phillip J. Matson, AICP; MPO Staff Director
FROM: Brian Freeman, AICP; Senior Transportation Planner
DATE: December 10, 2018
SUBJECT: Request for Approval to Enter into a Bus Shelter License Agreement with Indian
River State College for Construction of a Bus Shelter at the Mueller Campus
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of December 18, 2018.
DESCRIPTION, CONDITIONS, AND ANALYSIS
GoLine is Indian River County's fixed route public transportation system and is operated by the
Senior Resource Association (SRA). In recent years, the County and SRA have implemented a
program to construct bus shelters at the busier bus stop locations. To date, over forty bus shelters
have been constructed at various locations throughout Indian River County using a standardized
shelter design.
GoLine Route 13 provides service between Indian River Mall and the Vero Beach Outlets. One of
Route 13's busier stops is at the IRSC Mueller Campus. MPO, Public Works, and SRA staff
coordinated with IRSC to select a bus shelter location on the Mueller Campus that would be
convenient to both the classroom buildings and the Schumann Center (see Exhibit A of Attachment
#1 for the location of the proposed bus shelter).
The attached license agreement will allow the County to construct a bus shelter on IRSC property.
This agreement covers a ten-year period and can be renewed upon its expiration.
FUNDING
The bus shelter will be constructed using funds from the County's annual Federal Transit
Administration (FTA) grant, General Fund/Community Transportation Coordinator/SRA Bus
Shelters, Acct# 00111041-066510-54001. Cost of the shelter will be $15,000. For capital items,
such as this bus shelter, no local match is required.
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@340E7237\@BCL@34OE7237.docx 26
RECOMMENDATION
Staff recommends that the Board of County Commissioners review the Bus Shelter License
Agreement between the County and Indian River State College, make any necessary changes, and
authorize the Chairman to execute the agreement.
ATTACHMENTS
1. Transit Station License Agreement
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@340E7237\@BCL@340E7237.docx 27
TRANSIT SHELTER LICENSE AGREEMENT
THIS TRANSIT SHELTER LICENSE AGREEMENT (this "Agreement") is entered into
as of this day of , 2018, by and between INDIAN RIVER STATE COLLEGE
("IRSC"), and Indian River County, a political subdivision of the State of Florida, whose address
is 1801 27`h Street, Vero Beach, Florida, 32960 ("Licensee").
WITNESSTH
WHEREAS, Licensee operates a public transit system that transports the public throughout
the Indian River County area; and
WHEREAS, it is critical to the success of the public transit system that passengers have safe
and convenient locations to wait for and to board vehicles; and
WHEREAS, it is beneficial to IRSC and its students, employees, agents and guests that
vehicles operated by Licensee pick-up and drop-off passengers at the transit site located at the
Mueller Campus in Indian River County; and
WHEREAS, the parties agree that it is in their mutual best interests to place a transit shelter
at the specified site which will provide facilities for the embarking and disembarking of passengers
that are safe, convenient, accessible and more comfortable for passengers to wait for transit vehicles.
NOW, THEREFORE, in consideration of the mutual covenants -and agreements of the
parties, IRSC and Licensee hereby agree as follows:
Section 1 - Transit Shelter Agreement. IRSC hereby grants Licensee a license (the
"License") to enter upon that certain parcel of real property located at the Mueller Center in Indian
River County, more particularly described and delineated by the sketch attached hereto as Exhibit A
and made a part hereof (the "Shelter Site") for the sole and limited purpose of installing a transit
shelter, subject to all of the terms and conditions provided for herein. IRSC agrees Licensee may
install and use a facility for passengers which consists of a trash receptacle (s), a bench (es), a sign
(s), a passenger waiting shelter (s), and such other items as may be mutually agreed upon by the
parties and referred to as the "Transit Shelter" on the Mueller Campus.
Section 2 - Installation of Transit Shelter. Licensee shall provide all the materials and
labor for the construction of the Transit Shelter to be located at the Mueller Campus. Licensee shall
retain ownership of such Transit Shelter. The Transit Shelter shall be comparable to other transit
shelters currently used by Licensee. If as a result of Licensee's construction of a Transit Shelter,
IRSC is required by federal, state, or local law, ordinance, order etc, to make any improvements,
changes or alterations ("Improvements") to the property on which the Transit Shelter is located, in
order to comply with such laws, such collateral Improvements shall be the responsibility of Licensee.
All costs associated with such collateral Improvements shall be borne by Licensee.
Page 1 of 5
Section 3 - Term. This Agreement shall commence on the date included in the introductory
paragraph of this Agreement (the "Date of Commencement") and, unless extended by the
undersigned, shall terminate on the earlier of. (i) ten (10) years from the Date of commencement; or
(ii) thirty (30) days after notice is given by either party of the desire to terminate the ,Agreement. At
the time this Agreement is terminated, Licensee shall remove the Transit Shelter and all of the
Licensee's equipment and upon removal of the Transit Shelter, Licensee shall return the site to
substantially the condition existing prior to the installation of the Transit Shelter.
Section 4 - Effective Date. This Agreement shall become effective upon being executed by
the parties hereto and shall remain in full force and effect until such time as either party terminates
this Agreement as provided in Section 3 hereof.
Section 5 - Dama2e to the Transit Shelter. Licensee shall be responsible for day-to-day
normal and customary maintenance of the Transit Shelter, and every part thereof, including, but not
limited to, washing the Transit Shelter from time to time and picking up trash on the Transit Shelter
on a regular basis. Licensee shall be responsible for heavy maintenance, including, but not limited
to, painting, removal of graffiti, and concrete repair, as well as the repair of any damage to the
Transit Shelter caused by Licensee and its agents. Such repair will be commenced within three (3)
days after Licensee is notified by IRSC, in writing, of such damage. If Licensee shall fail to maintain
the Transit Shelter in a clean manner, IRSC shall have the right to clean the Transit Shelter after
three (3) days written notice to Licensee. Licensor shall then be permitted to invoice Licensee for all
costs incurred and to add a 15% administrative fee to such costs.
Section 6 - Security. IRSC shall not be responsible for providing security for the Transit
Site or for any persons using the Transit Shelter.
Section 7 - No Partnership. Nothing contained herein shall be deemed or construed by the
parties hereto, nor by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto, it being understood that nothing contained
herein, or any acts of the parties hereto other than the relationship of licensor and licensee.
Section 8 - Notices. Any notice, request, demand, approval, consent or other communication
which IRSC or Licensee may be required or permitted to give to the other party shall be in writing
and shall be mailed or hand delivered to the other party at the addresses set forth below:
If to IRSC: Charles Lunceford, Provost
Indian River State College Mueller Campus.
6155 College Lane
Vero Beach, FL 32966
(772) 226-2505
cluncefo@irsc.edu
29
Page 2 of 5
If to Licensee: Executive Director
Go Line Transit System
c/o Senior Resource Association, Inc.
694 14th Street
Vero Beach, FL 32960
or to such other address as either party shall have designated by notice to the other pursuant to this
paragraph. The time of the rendition of such notice shall be one of the following: (1) two (2) days
after same is deposited in an official United States Post Office with postage prepaid, and with
certified or registered mail, return receipt requested; (2) the date of when same is hand delivered; or
(3) the date delivered by overnight courier with confirmation of delivery required.
Section 9 - Authorization. IRSC and Licensee hereby represent and warrant to the other that
as of the date of this Agreement, the undersigned are duly authorized to execute this Agreement on
behalf of IRSC and Licensee, respectively.
Section 10 - Choice of Law; Venue. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted in accordance with the laws of the State of Florida.
Venue for any dispute arising as a result of this Agreement shall be Indian River County.
Section 11- Compliance. Licensee agrees to comply with all applicable laws, rules, codes,
and/or other regulation governing such operation; obtain any and all necessary consents or approvals,
and to display same as required by any law, rule, code, or regulation.
Section 12 - Attorneys Fees. In connection with any legal proceedings arising out of this
Agreement, the prevailing party shall be entitled to recover its costs, expenses, attorney and paralegal
fees, including without limitation, those incurred whether or not litigation is commenced, and also
those incurred at trial and in any administrative, arbitration, mediation, bankruptcy or appellate
proceedings.
Section 13 - Time of the Essence. Time is of the essence of the Agreement.
Section 14 - Severability. If any sentence, phrase, paragraph, provision or portion of this
Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such holding shall not affect the validity of the remaining portion hereto.
Section 15 - License to Use Couvri2hted Materials and Trademark Rights. IRSC
acknowledges that Licensee owns and holds all right, including patents, trademarks, copyrights and
trade secrets in and to all elements of the Transit Shelter and related structures, designs and
drawings, including without limitation, the passenger waiting shelter. Licensee hereby grants IRSC
a revocable license to use such rights in the Transit Shelter and related structure, designs and
drawings during the term of this Agreement for the purposes addressed in this Agreement. IRSC
shall acquire no right or interest in any of these elements by virtue of the Agreement and all uses of
these elements and related rights shall inure to the benefit of Licensee. IRSC agrees not to challenge
or otherwise interfere with the validity of Licensee's rights in these elements or Licensee's
30
Page 3 of 5
ownership of these elements and related rights.
Section 16 - Indemnification. To the extent permitted by Florida law and subject to the
limitations provided by Florida law, Licensee shall indemnify IRSC against, and hold IRSC harmless
from all losses, damages, costs, claims, suits, liabilities, and expenses (including reasonable
attorneys' fees including those for services rendered at the appellate court level) resulting from any
of Licensee's use, construction, removal, maintenance or compliance requirements under this
Agreement.
AGREED TO by the parties hereto as of the date first above written.
Licensee
Indian River State College
Charles Lunceford, Provost
Indian River State College Mueller Center
Date:
Page 4 of 5
31
AGREED TO by the parties hereto as of the date first above written.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Chairman
BCC Approved:
Approved:
By
Jason E. Brown
County Administrator
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
Page 5 of 5
32
S�E
CONSENTDA
BCC MEETING 12-18-2018
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Assistant County Administrator /
Department of General Services
Date: December 18, 2018
To: The Honorable Board of County Commissioners
Thru: Jason E. Brown, County Administrator
Kristin Daniels, Budget Director
Michael C. Zito, Assistant County Administrator
From: Holden Kriss, Rangemaster
Subject: Updated Fee Schedule for Indian River County Shooting Range — Rifle and Pistol
Range, Effective January 1, 2019
BACKGROUND
The Indian River County Shooting Range (Range) opened in April of 2001. Since entering into the
Concessionaire Contract with the Florida Fish and Wildlife Conservation Commission (FWCC) for the
operation of the Range, there have been only two increases in fees during this span of time. As we enter our
18th year of operation, it is time to consider an update to the current rates structure to allow recapture of
some of the increased costs in management and operation of the shooting range. Clay target fees will stay
the same as we capture and increase market share. The update fee schedule proposed is authorized under
the County's contract with Florida Fish and Wildlife Conservation Commission.
The following tables show the change in rates from current to proposed rates:
Pistol & Rifle Range (Adults)
Base
Environ.
%
Total
Total
Sales
Fee
Fee
Charge
Fee
Tax
Current $9.75
$1.00
$.75
$11.50
Proposed 1 $10.78
1 $1.00
$.82 1
$12.60
Pistol & Rifle Range (juniors)
(Ages 10-17)
Propose: New Special Buy: Purchase a "Buy 10 Range Passes Card" $87.50 + $5.00 environmental +
$6.475 sales tax = $98.98. (Based on new daily rate, purchasing the Buy 10 Range Passes would be a
$27.02 savings to consumer compared to daily rate.) The `BIORC" card is good for one (1) year and issued
for use by the cardholder only.
Summary of Fee Change:
• Rifle and Pistol Range base fees for adults increase from $9.75 to $10.78
• Rifle and Pistol Range base fees for juniors has no change.
• Air gun and Archery - no change in fees.
• A Special buy card "Buy 10 Range Passes Card" is good for one year and cost $98.98 with tax.
• Staff has received requests over the years for a yearly membership fee. Offering the "Buy 10 Range
Passes Card", will serve the needs for most of these requests.
34
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Base
Environ.
%
Total
Sales
Fee
Fee
Charge
Tax
Current
$7.75
$1.00
$.61
$9.36
No Change in Junior Rates
Propose: New Special Buy: Purchase a "Buy 10 Range Passes Card" $87.50 + $5.00 environmental +
$6.475 sales tax = $98.98. (Based on new daily rate, purchasing the Buy 10 Range Passes would be a
$27.02 savings to consumer compared to daily rate.) The `BIORC" card is good for one (1) year and issued
for use by the cardholder only.
Summary of Fee Change:
• Rifle and Pistol Range base fees for adults increase from $9.75 to $10.78
• Rifle and Pistol Range base fees for juniors has no change.
• Air gun and Archery - no change in fees.
• A Special buy card "Buy 10 Range Passes Card" is good for one year and cost $98.98 with tax.
• Staff has received requests over the years for a yearly membership fee. Offering the "Buy 10 Range
Passes Card", will serve the needs for most of these requests.
34
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Pagetwo
New Fees for Indian River County Shooting Range Effective January 1, 2019
December 18, 2018
•:� Projections are based on 27,500 shooters annually buying range passes: Out of that, 19,500 patrons
are rifle and pistol shooters. Of that amount, 17,500 shooters are adults. We estimate an increase in
revenue from the new fees would be an additional $18,025.00 per year.
❖ Estimating 300 shooters buy the new "Buy 10 Discount Card" in the first year; the revenues
generated will be $26,250.00. Of that, approximately 100 are regular visitors who will make the
decision to buy the new "Buy 10 Range Fee Card": The decrease in regular range pass sales is
anticipated to be about $2,030 per year, as a result of the regulars shooters buying the "Buy 10
Range Passes Card".
❖ Total anticipated revenue increase per year with new fees and the offering of the new "Buy 10
Range Fee Card" will be approximately: $42,245.
PISTOL & RIFLE RANGE PASS DAILY RATE
Total Annual
Shooters
Pistol &Rifle
Total Users
Pistol & Rifle
Adult Shooters
Only
Pistol & Rifle
New Adult Rate Fee
Increase
Calculated Projected
Revenue Increase
27,500
19,500
17,500
$1.03
$18,025
NEW — it
uy 10 Range Fee Card"
Projected
number of
new card
purchases to
be sold
Base Card price
300
$87.50
$26,250
Projected Revenue Increase: $44,275
*Total anticipated net increase in revenue 1$42,245
*anticipating 100 current member shooters will purchase the new Range Card for the savings — ($2,030),
The Shooting Range is open to the public Thursday through Monday from 9:00 am to 5:00 pm (must sign in
by 4:00 pm). Visit www.goshootingirc.com for prices, hours and events scheduled.
RECOMMENDATION:
Staff respectfully recommends the Board of County Commissioners to authorize the increase to the Pistol & Rifle
Range range pass fee, and authorize approval to offer the 'Buy 10 Range Passes Card."
ATTACHMENT:
Florida Fish and Wildlife Conservation Commission approved Fee Schedule (Exhibit B)
DISBURSEMENT:
William R. Cline, FFWCC, Tallahassee, FL
APPROVED AGENDA ITEM FOR DECEMBER 18, 2018
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35
Amendment to Fee Schedule in Exhibit B
To Contract Number 00252, the Concessionaire Contract ROCeived
For Florida Fish and Wildlife Conservation Commission on
Indian River County Public Shooting Range .JUN 0 3 2008
Proposed Fees (2008) Hunter Safety SeCtlon
Target Range Tallahassee
(Rifle & Pistol Ranges) Maximum Charge Exclusive of Environmental Fee & Sales Tax
• Adults* $11.00 per person / maximum 3 hours
• Juniors*(17 and under) $ 9.00 per person / maximum 3 hours
• Adults* 200 Yard Range $11 OD per person / maximum 1.5 hours
• Juniors*(17 and under) $110D per person / maximum 1.5 hours
Shotgun Maximum Charge Exclusive of Environmental Fee & Sales Tax
5 -Stand Sporting Clays* $11.00 per round of 25 Targets
Sporting Clays Course* $34.00 per round of 100 Targets
Non -Profit Sporting Clays Tournament* * $30.00 per round of 100 Targets
Archery Maximum Charge Exclusive of Sales Tax
• Adults $4.00 per person / maximum 2 hours
• Juniors (17 and under) $2.50 per person /. maximum 2 hours
• Archery Course (adults) $6.00 per person — once through
• Archery Course (juniors) $4.00 per person — once through
Rentals (per availability) **
Rifle & Pistol Ranges
• Without Lights
• Without Lights
• With Lights
Law Enforcement Agencies
• Without Lights
• -Without Lights
• With Lights
Annual Contract (Law Enforce.)
• Without Lights
• Without Lights
• With Lights
Shotgun Rental
• 5 — Stand Rental
Maximum Charge Exclusive of Environmental Fee & Sales Tax
$200.00 per 4 hours
$300.00 per 8 hours
$250.00 per 4 hours
Maximum Charge Exclusive of Environmental Fee
$175.00 per 4 hours
$275.00 per 8 hours
$250.00 per.4 hours
Maximum Charge Exclusive of Environmental Fee
$150.00 per 4 hours
$250.00 per 8 hours
$250.00 per 4 hours
Maximum Charge Exclusive of Environmental Fee & Sales Tax
$50.00 per hour
Annual Membership Fee Maximum Charge Exclusive of Environmental Fee & Sales Tax
for Pistol & Rifle Range
• Without Light (Day Light Only) $500.00
*Environmental Fee (lead remediation charges) will be charged in addition to the rate for each shooter
**Tournament fees will be negotiated through the Range Master j
K,Xoseph A. aird, County Administrator W Liam R. Cline, Section Leader FFWCC 36
10
INDIAN RIVER COUNTY
MEMORANDUM
TO: Jason E. Brown
County Administrator
THROUGH: Stan Boling, AICP
Community Development Director
FROM: Roland M. DeBlois, AICP
Chief, Environmental Planning
DATE: December 10, 2018
RE: Consideration of Change Order No. 1 to Contract Agreement with Indian River
Docks, LLC for Archie Smith Fish House Dock Restoration
It is requested that the Board of County Commissioners formally consider the following information at
the Board's regular meeting of December 18, 2018.
DESCRIPTION AND CONDITIONS
On June 19, 2018, the County entered into a construction agreement with Indian River Docks, LLC, for
dock restoration at the Archie Smith Fish House at 1740 N. Indian River Drive (see Attachment 2).
Under the construction agreement, the cost estimate for reconstruction/restoration of the dock and an
associated deck is $186, 925.00. In this case, the County has a Florida Inland Navigation District (FIND)
cost -share grant for 50% of project costs (not to exceed $100,000).
At this time, the dock restoration is nearing completion. Since the agreement was approved, county staff
has coordinated with Chris Pinson of Indian River Docks to adjust line items in the agreement based on
work needs and preferred material costs (i.e., synthetic decking vs. wood decking, stainless steel hardware
vs. galvanized hardware), resulting in a net proposed additional cost of $19,178.90, bringing the total cost
to $206,103.90 (see Attachment 2).
To that end, attached is Change Order No. 1 to the Indian River Docks, LLC Construction Agreement for
the Board's approval consideration.
ANALYSIS
Under the initial contract agreement, the total cost of $186,925.00 is being partially paid for with FIND
grant funds (not to exceed $100,000). Since the FIND grant funding cap for this project phase is
$100,000, the 50% cost -share from FIND will extend to this change order cost up to $200,000, such that
the County's cost for the additional work is $12,641.40 ($200,000 - $186,925.00 = $13,075.00 x 50% =
$6,537.50 + $6,103.90 = $12,641.40). The additional work will bring the County's total for this project
phase to $106,103.90.
37
Funding
Funding for this project has been budgeted in the Florida Boating Improvement Fund/Parks/Archie Smith
Fish House Restoration Account number 13321072-066510-14004. The proposed change order will bring
the previous total cost estimate of $200,000 to $206,103.90 (a $6,103.90 overall project cost increase).
The Florida Boating Improvement Fund is the proposed funding source for the cost adjustment. Sufficient
funds are allocated for the project to cover the adjusted cost.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the attached Change Order 1 to the
Archie Smith Fish House Dock Restoration Construction Agreement with Indian River Dock, LLC and
authorize the County Administrator to sign the Change Order on behalf of the County.
ATTACHMENTS:
1. Change Order No. 1 — Section 00942 form
2. Construction Agreement with Indian River Docks, LLC.
a
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Change Order Form
No. 1
DATE OF ISSUANCE:
EFFECTIVE DATE:
OWNER: Indian River County
CONTRACTOR: Indian River Docks, LLC
Bid No.: 2018056
Project: ARCHIE SMITH FISH HOUSE DOCK RESTORATION
OWNER's Proj. # IR -15-62
This Change Order authorizes the following changes in the Contract Documents for the Archie
Smith Fish House Dock Restoration Construction Agreement:
Description:
Change Order No.1 is for modifications to the scope of work.
Reason for Change Order:
• Synthetic decking and stainless steel hardware requested for dock and deck rather than
wood and galvanized hardware for an increase of $16,195.40
• Additional piles required replacement, concrete removal and dock extension near old
residence needed for an increase of $2,983.50
CHANGE IN CONTRACT PRICE:
APPROVED:
Description
Amount
Original Contract Price
$186,925.00
Net Increase of this Change Order:
$19,178.90
Contract Price with all approved Change Orders:
$206,103.90
ACCEPTED:
APPROVED:
By:
By:
CONTRACTOR (Signature)
OWNER (Signature)
Date:
Date: Approved b the BCC / /18
00942-1 39
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Archie Smith FH 2018056
Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized
and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Indian River Docks. LLC
(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter
set forth, agree as follows:
ARTICLE 1 - WORK
1.1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
• Restoration and modification of existing wood pier, including electrical and fire protection
work, using synthetic replacement decking and stainless steel connectors
• Removal of certain deteriorated submerged pilings
• Removal of concrete deck and replace with wood deck east of ice house
• The applicant is also responsible for obtaining Florida Department of Environmental
Protection (FDEP) and Army Corps of Engineers (ACOE) permits, as necessary, for the
work.
ARTICLE Z - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Project Name: Archie Smith Fish House Dock Restoration
RFP Number: 2018056
Project Address: 1740 N. Indian River Drive, Sebastian, FL
ARTICLE 3 —TERM AND CONTRACT TIMES
3.1 Term: This Agreement shall remain in effect for a term of one (1) year, unless otherwise sooner terminated
by mutual consent of the parties.
3.2 Time of Completion: Project shall be completed, to include approval by the Building Division 180 days from
receipt of the Notice to Proceed.
ARTICLE 4 - CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of
the amounts determined pursuant to paragraph 4.01,A and summarized in paragraph 4.01.13, below:
A. For all Work, at the prices stated.in CONTRACTOR's Proposal, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Page 17 of 25
ATTACHMENT 4
40
Archie Smith FH 2O180S6
Numerical Amount: $186,925,00
Written Amount: One hundred, eighty-six thousand, nine hundred, twenty-five dollars and zero cents
ARTICLE 5 — PAYMENT PROCEDURES
5.01 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved
partial payment request as recommended by ENGINEER in accordance with the provisions of
the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The
OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR
until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the
work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five
percent (5%) of the payment amount due to CONTRACTOR until final completion and
acceptance of all work to be performed by CONTRACTOR under the Contract Documents.
Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the
point at which the County as OWNER has expended fifty percent (50%) of the total cost of the
construction services work purchased under the Bid and Specification Documents, together
with all costs associated with existing change orders and other additions or modifications to
the construction services work provided under the Contract Documents.
5.02 Pay Requests.
A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All
progress payments will be on the basis of progress of the work measured by the schedule of
values established, or in the case of unit price work based on the number of units completed.
After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the
CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the
retainage held by the County as OWNER, and the County as OWNER shall promptly make
payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the
subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a
claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges
that where such retainage is attributable to the labor, services, or materials supplied by one or
more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to
those subcontractors and suppliers. Pursuant to Florida Statutes section 218.73S(8)(c)(2005),
CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive
immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any
subcontractor at greater than five percent (S%) after fifty percent (50%) completion; and 2)
CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until
the final pay request.
S.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the
County as OWNER which are paid for, in whole or in part, with federal funds and are subject to,
federal grantor laws and regulations or requirements that are contrary to any provision of the
Local Government Prompt Payment Act. in such event, payment and retainage provisions shall be
governed by the applicable grant requirements and guidelines.
Page 18 of 25
41
Archie.Smith FH?018056
S.04 Acceptance of Final Poyment as Release.
A. The acceptance by the CONTRACTOR & final payment shall be and shall operate as a
release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in
stated amounts as may be specifically excepted by the CONTRACTOR for all things done or
furnished in connection with the work under this Agreement and for every act and neglect of the
OWNER and others relating to or arising out of the work. Any payment, however, final or
otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this
Agreement, the Invitation to Bid or the Public Construction Bond.
ARTICLE 6 —INDEMNIFICATION
6.01 The CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from
liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful misconduct of the CONTRACTOR and
other persons employed or utilized by the CONTRACTOR in the performance of the Work.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.1 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Request for Proposal documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work,
C. CONTRACTOR is familiar with and is satisfied"as to all federal, state, and local Laws and Regulations -that may
affect cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional
or supplementary examinations, investigations, explorations, tests, studies, and data concerning. conditions
Page 19 of 2S
42
Archie Smith fW 2018056
(surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress,
or. performance of the Work or which relate to any aspect of the means, methods, techniques, sequences,
and procedures of construction to be employed by CONTRACTOR, including applying the specific means,
methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract
Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto.
E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or
data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in
accordance With the other terms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that
relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
Fl. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is
acceptable to CONTRACTOR.
1. 'The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
ARTICLE 8 - CONTRACT DOCUMENTS
8.1 Contents
A. The Contract Documents consist of the following:
(1) This Agreement (pages 1 to 6 inclusive);
(2) Notice to Proceed
(3) Public Construction Bond (pages 1 to 1 ; inclusive);
(4) Certificate of liability Insurance
(5) Invitation to Bid 2018056
(6) Addenda (numbers 1 to 3 , inclusive);
(7) CONTRACTOR'S Bid Form (pages.11 to 11);
(8) Bid Bond;
(9) Drug Free Workplace Form (pages 12 to12);
(10) Affidavit of Compliance (page 13);
(11)Sworn Statement, Under Section 105.08, Indian River County Code, on Disclosure of Relationships
(pages 14 to 15 inclusive);
Page 19 of 25
43
Archie Smith FH 2018056
(12)The following which may be delivered or issued on or after the Effective Date of the. Agreement and are
not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s).
ARTICLE 9 —MISCELLANEOUS
9.1 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
9.2 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically
but without limitation, moneys that may become due and moneys that are due may not be assigned
without such consent (except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under the Contract Documents.
9.3 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents,
9.4 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding
upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace
such stricken provision or part thereof with .a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
9.5 Venue
A. This Agreement shall be governed by the haws of the State of Florida. Venue for any lawsuit brought
by either party against the other party or otherwise arising out of this Agreement shall be in Indian River
County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern
District of Florida.
9.6 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
Page 20 of 25
44
Archie Smith FH 2018056
(1) Keep.and maintain publicrecords required by the County to perform the service
(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of
the requested records or allow the. records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the contract
term and following completion of the contract if the contractor does not transfer the records to the
County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession
of the Contractor or keep and maintain public records required by the County to perform the service.
If the Contractor transfers all public records to the County upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the contractor keeps and maintains public records upon completion
of the contract, the .Contractor shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the County, upon request from the Custodian of
Public Records, in a format that is compatible with the information technology systems of the County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(772) 226-1424
publicreeorcis(@i�ov.corn
Indian River County Office of the County Attorney
180127 1h Street
Vero Beach, FL 32960
Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement.
Page 21 of 25
45
ATTEST
BY:
Archie Smith FH 2018056
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One
counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract
Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf
This Agreement will be effective on June 19 , 2018 (the date the Contract is approved by the
Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER:
CONTRACTOR:
INDIAN RIVER COUNTY ��;��� Lr1i�!�� b�/ '' L1-,1-;
APPROVED AS TO FORM AND LEGAL
F
Dylan Reingol d, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Deputy Clerk
(SEAL.)
Designated Representative:
Name: Roland DeBlois
Title: Chief, Environmental Planning and Code
Enforcement
Address: 18012711' Street, Vero Beach, FL 32960
Phone: (772) 226-1258
Email: rdr-bloisf,irc�7 %corn
Page 22 of 25
(CORPORATE SEAL)
Agent for service of process:,
Designated Representative:
Name:
Title:
Add
Phone:
Email:
(If CONTRACTOR is a corporation or partnership,
Attach evidence of authority to sign.)
46
ME
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Stan Boling, AICP; Community Development Director
FROM: John W. McCoy, AICP; Chief, Current Development
DATE: November 27, 2018
SUBJECT: D. R. Horton Inc.'s Request for Final Plat Approval for The Cove at Falcon Trace PD
Plat 1 [PD -14-07-06 / 2001050202-80548]
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of December 18, 2018.
DESCRIPTION & CONDITIONS:
The Cove at Falcon Trace is a planned development project; the first phase (Plat 1) consists of 151 lots
on 76 acres. The Plat 1 area is located east of 27th Avenue SW, just south of 21St Street SW, is zoned
RS -6 (Residential Single -Family up to 6 units per acre), has an L-2 (Low Density 2 up to 6 units per
acre) land use designation, and will have a density of 1.99 units per acre.
On June 26, 2014, the Planning & Zoning Commission granted preliminary PD plan/plat approval for
The Cove at Falcon Trace, which contains 258 lots on 135.24 acres in three phases. The overall site is
located between 201h and 27th Avenues SW and south of 21" Street SW. The applicant is now seeking
final plat approval for the first phase (Plat 1), having obtained a land development permit and
commenced construction of the first phase. At this time, the applicant has built 83.1 % of the required
improvements that serve The Cove at Falcon Trace PD Plat 1, is proposing to "bond -out" for the
remaining 16.9% of required improvements, and has submitted the following:
1. A final plat in conformance with the approved preliminary PD plan/plat;
2. An Engineer's Certified Cost Estimate for the remaining required improvements; and
3. A Contract for Construction of remaining required improvements, and letter of credit.
The Board is now to consider granting final plat approval for The Cove at Falcon Trace PD Plat 1.
ANALYSIS:
Some, but not all, of the required improvements for The Cove at Falcon Trace PD Plat 1 have been
completed. As provided for under the LDRs applicable to this final plat application, the applicant is
proposing to "bond -out" for the remaining 16.9% of required improvements (utilities, roadways,
landscape, sidewalks). Public Works, Planning, and Utility Services have reviewed and approved the
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submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's
Office has reviewed and approved the submitted Contract for Construction of Required Improvements.
The County Attorney's Office has received an acceptable letter of credit in the amount of $931,352.53
to guarantee construction of the remaining required improvements.
All improvements within The Cove at Falcon Trace PD Plat 1 will be private, with the exception of
certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River
County as required through the final plat and certificate of completion process. In addition, a warranty
and maintenance agreement for the roads and stormwater improvements and a Bill of Sale of Utility
Facilities, along with the acceptable 1 -yr warranty security for each will be required prior to issuance
of a certificate of completion.
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of County Commissioners grant final
plat approval for The Cove at Falcon Trace PD Plat 1.
ATTACHMENTS:
1. Application
2. Location Map
3. Final Plat Layout
4. Contract for Construction and Letter of Credit
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I
,fit rTE: TMS WILL BE TEIM. FORMAL/!M L/OFFICIAL NAivM OF RECORD FOR THIS PROJMT` "``'
(SUCH AS "WOODY BIG MME SUBDIVISIOIT). p
� �� D410 _ti ¢21,� - Yo rs 4k
CO PONDING PRELIMINARY PLAT PROJECT NAIT AND PLAN NUMBER:
PROPERTY OWNER: (PLEASE PRIM")
NAME
14130.
ADDRESS
pais" ItMwit. Ft- 07
CITY, STAIR: ZIP
PHONE NUMBER.
EMAIL ADDRESS
PROJECT ENGINEER: (PLEASE PRIM
90 IC61414
ADDRESS
CITY, S'I'A.'IB, ZIP
PHONE MaMs)
EMAE., A13I?iMS
CONTACT PM- 04
NAME
a� ..=16N
$1 #1
PoirtcE.. "Y4 i
CTI'Y", STATE„ ZIP
(7;=) ti t -q - 3 �T
PHONE NUMBER
EMAIL ADDRESS
�mtNY► �i itC� N fL'N',
WACT PERSON
PROJECT SURVEYOR: (PLI EASE PRINT}
ADDRESS
rover - pf"rm s e. if
CITY, STATE, ZIP
PHONE NUMBEK(s)
-+k icr»e tm 4 ,
E14,AM ADDPtESS
TO.O. Kier*%&A
I GGI 27°1 Stvet l/ero Beach FL 32%0
� i?t�►�iapau�lAPP"tpCJ►TIONStt�cdfev appliaetianalFm�'GatAppifi�lioa.doa
ReviW Apr@ 2016 I of 3'
M
SITE FARC;,7L TAX MfPS: 333735 60 oo i O p �3 0 00(1 1- (o
:3-3333570000100300000!-'5
Cpt,TN'1'Y LAms DMLOFivIENT PERM (LDP) M.
DATE LDP ISSUED:
TOTAL (GROSS) ACRES: TOTAL NUMMER OF LOTS:
AREA OF DEVELMIENT {SMT) AC�LEAGE: D . ' %
DENSITY WrS PER ACRE): C
4PLEABIE, COWI ETEM SUDiMSSTION C C ��*
IVOTAD "NW' should be marked in the "YES" column if "Not Applicable' ,
MATEI,t�L�s.
1. Fee • $1,400.00 (checks payable to Indian. River County)
I Completed Final Plat Application Form �
3. Ton (10) Copies of the Final Plat (Must he sigucd and sealed by stu veyor). -
4. Leiter of Authorization Of applicant is not Owner)
5. Letter from developer providing timeline for wUeving the
75010 completion tb.-esiaoid for the overall subdivision improvement
6. 3 .L oi..w or.Lorlravta SETS OF REgjmD zeROVEMENT DOCUmi" ,'S:
CONS' 'WU ffMI` COMPL'T'n - IRU AIL- OUT:
(a) Certificate of Completion from Public Worlm or copy of letter to
Public Works and Utilities requiring inspection of improvements.
tan DErjCI-, rAI D TW 0101,1"'",UIS C:
(b) Original Engineer's Certified Cost Estimate for Improvements
(signed and scaled)
Failure to provide information on which option is being selected may result in a delay in
processing the application.
18012r Street, Vero Beach FL 32960 50
F kp ClavalnpawnAAPPLICATIONSNCtmOa *pliartio=iFiMMotAWicatim.doe LAW Aprti 2016 2 Of 3
7.
CONSTRUCTI-IM
(a) original Engineer's Certified Cost Estimate for improvements
(signed am sealed; note items to be completed or percent completed
at 75% fteshold for overall subdivision).
(b) Statement that improvements are nearing completion and a
certificate of completion will be obtain prior to final plot approval
Copies of Documents to be recorded with the final plat:
a. Covenants, Deed Restrictions, Bylaws, etc. or Statement
There Are None
b. Property Owner's Association Articles of Incorporation
or statement indicating why recording of POA is NOT
required.
INN 271h Street Vero Beach JFL 32960
FiComwj* DiQW,=MtVJqUCATI0NSWUdkV CVPfi=fiaWWAMStAWffG--fi=A0C Rev W APfU 2018 3 of
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')COVE AT FALCON- PAGE
r-” TRACE PD PLAT 1
BEING A REPLAT OF A PORTION OF TRACTS 5, 6, 11, 12, 13 AND 14, CLERK'S FILE NUMBER
SECTION 35, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE
LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY FILED IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST LUCIE COUNTY,
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CULPEPPER k TERPENINO INC
2980 SOUTH 25th STREEt
FORT PIERCE, FLORIDA 34881
CERTF1 MON NO. LB 4288
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COVE AT FALCON PLAT BOOK
TRACE PD PLAT 1 PACE_
I-Tw U6 BEING A REPLAT OF A PORTION OF TRACTS 5, 6, 11, 12,
13 AND 14, SECTION 35, TOWNSHIP 33 SOUTH, RANGE
�A7 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF CLERK'S FlL
INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF
zzxrsr THE CLERK OF THE CIRCUIT COURT OF ST LUCIE
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CULPEPPER & TERPENING INC.
2900 SOUTH 25th STREET
FOR PIERCE. FLORIDA 74991
CERTIFICATION NO. LH 4288
tXOlA9 P. NE101AN
PROfE5901AL 91RMYOR Alel YAPPkII
fILaIDA CF]1f63:OE Ha e1w0
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COVE AT FALCON `"`Na_
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TOWNSHIP 33 SOUTH, RANGE 39 EAST, a Pauv zee
ACCORDING TO THE LAST GENERAL PLAT OFmomm mm*
INDIAN RIVER FARMS COMPANY FILED IN ________________________________ _ __________________________
THE OFFICE OF THE CLERK OF THE CIRCUIT _
COURT OF ST LUCIE COUNTY, FLORIDA IN sro,R�
PLAT BOOK 2, PAGE 25; SAID LAND NOWA.eo
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CULPEPPER & TERPENING. INC.
2980 SOUTH 25th STREET
FORT PIERCE• FLORIDA 31981
CERTIFICATION NO. W 4289
— P. 10EAl1All
PROR39WAL 919LE11]I AND YAPPER
RORUA CERRIGTE NA MW
e
TACHMFNT3
Cove At Falcon Trace PD Plat 1
!• `� i.�: i':`- ori:. •;�
AA1.
THIS CONTRACT, made and entered into this C day of
2018 by and between D.R. NORTON, INC., a Delaware corporation,
owner of the property being platted as Cove At Falcon Trace PD Plat 1, hereinafter
referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, by and through its Board of County Commissioners, hereinafter
referred to as "County".
WITNESSETH:
WHEREAS, Developer is commencing proceedings to effect a
subdivision of land within Indian River County, Florida; and
WHEREAS, a final plat of the subdivision within the unincorporated area
of Indian River County shall not be recorded until the Developer has installed the
required improvements or has guaranteed to the satisfaction of the County that such
improvements will be installed; and
WHEREAS, Developer requests the approval and recordation of a certain
plat to be known as Cove At Falcon Trace PD Plat, 1; and
WHEREAS, the required improvements are to be installed after
recordation of this plat under guarantees posted with the County.
NOW, THEREFORE, IN CONSIDERATION OF THE (MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows:
1. Developer agrees to construct on or before December 4, 2419, in
a good and workmanlike manner, those improvements described as follows:
See Exhibit "A" attached hereto
or otherwise required by the Indian River County Code in connection with the approval
of said plat. A copy of the plat shall be recorded in the Public Records of Indian River
County, Florida upon the final approval of the Board of County Commissioners and
made a part hereof for all purposes.
2. Developer agrees to construct said improvements strictly in
accordance with the land development permit, the most recent set of plans and.
APPROVED AS TO FORM
1 AND L AL UFF N
e �
WILLIAM K. DESRAAL
DEPUTY COUNTY ATTORNEY 57
specifications for this subdivision approved by the County and on file in the Planning
and Development Division, and all County development regulations and standards,
including conditions and requirements of any applicable County right-of-way permit, all
of which are hereby incorporated by reference and made a part hereof.
3. In order to guarantee performance of this contract, Developer shall
simultaneously herewith furnish an irrevocable letter of credit, having an expiration date
of not less than twenty-seven (27) months beyond the projected date of plat approval,
provided by a banking institution authorized to transact such business in this state, in a
form to be approved by the County, naming Developer as customer and
.P-I I-% n-g-o,e 1 -t-, as the underwriting bank, in the amount of
$93'4,352.53, wh�mount is not less than one hundred twenty-five percent (125%) of
the estimated total cost of improvements remaining to be constructed, as determined
in accordance with the County's Subdivision and Platting Ordinance. It is understood
that the full amount of the leiter of credit shall remain available to the County until such
time as County notifies the underwriting bank of a reduction to the amount, said
reduced amount to be designated as road and drainage warranty and utility facilities
warranty. Developer may at any time substitute guarantees, subject to the approval as
to form and amount by the County.
4. Developer agrees to indemnify, hold harmless, and defend the
County against any and all claims, damages, losses, and expenses, including
attorney's fees, for property damage, personal or bodily injury, or loss of life, arising
from the negligent acts or omissions of the Developer, its officers, employees, agents,
or contractors, subcontractors, laborers, or suppliers, relating to the construction of the
required improvements, in an amount of up to $1,000,000.00, or the limits of any
applicable • underlying or excess insurance coverage carried by Developer or to be
obtained during the course of the construction of the subdivision improvements,
including all those improvements to be constructed on existing publicly dedicated or
County-owned property, such as street, sidewalk, bikepath, lighting, signalization,
traffic control, drainage, water, or sewer improvements.
5. The County agrees to approve the plat for recordation in the Public
Records of Indian River County, Florida upon a finding as to compliance with all
applicable provisions of the County's Subdivision and Platting Ordinance and upon
execution hereof. The County shall accept those areas specifically dedicated to the
County for the purposes indicated on the plat at the time of plat recordation. However,
nothing herein shall be construed as creating an obligation upon the County to perform
any act of construction or maintenance within such dedicated areas until such time as
the required improvements are satisfactorily completed.
Developer shall remain responsible for utility meter boxes, sewer clean
outs, and drainage culvert inverts, to be in good repair, accessible, correctly plumbed,
and not covered with topsoil, concrete or impervious material for the 1-year
maintenance period commencing after County issuance of a Certificate of Completion.
Notice of this ongoing responsibility shall be provided by Developer to any subsequent
builder/homeowner.
Satisfactory completion in accordance with the land development permit,
plans, specifications, and ordinance requirements of Indian River County shall be
determined by the County and shall be indicated by specific written approval of the
Public Works Director or his designated representative, in coordination with the Utility
Services Director, after receipt of a signed and sealed Certificate of Completion from
the project engineer of record. Once the required improvements are completed to the
satisfaction of County, Developer acknowledges that Developer is responsible for
posting a 1 -year warranty for road and drainage improvements as well as utility
facilities, if applicable, in the amount of 25% of the costs of such improvements as
approved by the Public Works Director and Utility Services Director, if applicable; and
that appropriate warranty agreement and bill(s) of sale will need to be entered into. At
the appropriate time when the warranty security is to be posted, County will notify the
underwriting bank and Developer that the funds posted under this Contract for
Construction of Required improvements are to be reduced and redesignated as
warranty security for road and drainage improvements as well as utility facilities, if
applicable. Said reduction and redesignation shall be by either an amendment to the
existing letter of credit acceptable to the County Attorney, or a newly issued letter of
credit acceptable to the County Attorney with its expiration date being no less than 15
months.
6. In the event the Developer shall fail or neglect to fulfill its
obligations under this contract and as required by the Indian River County Code, the
Developer, as principal, and the letter of credit (or any County approved substituted
guarantees) shall be jointly and severally liable to pay -for the cost of construction and
installment of the required improvements and warranty to the final total cost, including
but not limited to engineering, construction, legal and contingent costs, including
reasonable attorney's fees incurred by the County, together with any damages, either
direct or consequential, which the County may sustain as a result of the failure of
Developer to carry out and execute all provisions of this contract and applicable
ordinances of the County. In no event, however shall the liability of the underwriting
bank (or any County approved substituted guarantees) under this paragraph exceed
the. total amount of the original obligation stated in the letter of credit (or any County
approved substituted guarantees).
7. The parties agree that the County at its option shall have the right,
but not the obligation, to construct and install or, pursuant to receipt of competitive
bids, cause to be constructed and installed the required improvements in the event
Developer shall fail or refuse to do so in accordance with the terms of this contract.
Developer expressly agrees that the County may demand and draw upon the existing
letter of credit (or any County approved substituted guarantees) for the final total co=st
of the improvements and warranty. Developer shall remain wholly liable for any
resulting deficiency, should the letter of credit (or any County approved substituted
guarantees) be exhausted prior to completion of the. required improvements. in no
59
event shall the County be obligated to expend public funds, or any funds other than
those provided by the Developer, or the underwriting bank (or any County approved
substituted guarantees) to construct and warranty the required improvements.
Developer hereby gives permission to County, County's contractors and
subcontractors to go on its property, known as proposed Cove At Falcon Trace PD Plat
1, for purposes of completing the required improvements. if any portion of the property
is sold by Developer, Developer acknowledges that the granting of this permission will
be preserved and recited in any document transferring title to Developer's successor
and/or assigns.
8. Any letter of credit (or any County approved substituted
guarantees) provided to the County by Developer with respect to this contract shall
exist solely for the use and benefit of the County and shall not be construed or
intended in any way, expressly or impliedly, to benefit or secure payment to any
subcontractor, laborer, materialman or other party providing labor, material, supplies,
or services for construction of the required improvements, or to benefit any lot
purchaser(s), unless the County shall agree otherwise in writing.
9. This agreement is the full and complete understanding of the
parties and shall not be construed or amplified by reference to any other agreement,
discussion, or understanding, whether written or oral, except as specifically mentioned
herein. This agreement shall not be assigned without the express written approval of
the County. Any amendment, deletion, modification, extension, or revision hereof or
hereto shall be in writing, executed by authorized representatives of both parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the day and year first above written.
D.R. HORTON, INC., a Delaware
corporatio DEVELOPER
By
J�C�I Ik, �lOEQ7 Iti.4Gli1 G4Cir�
Authority: Resolutions adopted
by Consent of Sole Director
IND
M
Authority: Resolution No. 2005-121
projected BCC plat approval date: 12/4/2018
60
Knight, McGuire Falcon Trace Phase 3A
Associates, Inc
I, Scott B.McGuire, a Florida Registered Engineer, License No. 39573, do hereby certify to Indian River County that a cost
estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the
total cost estimated for said improvements is $4,396,880.20. This estimate has been prepared, in part, to induce approval
by the County of a Final Plat approval for Falcon Trace Phase 3A, and for the purpose of establishing property surety
amounts associate&th6rewith. The non -completed portions of these estimates has been estimated to be $745,082.02
,��wh`oh Will be bonded at:.1'2-.5%,or:$931_,352.53.
j ir;crrtrrr; _
t
Ij
2Q1
Date .
FL Reg= NQ:.95r3 C
_. =
;j DescrlAtiore �. Quantity Unit Unti Price Amount Percentage
I✓arthwork, Incomplete
M"obilizab6n'""!•1 '
1.00
LS
$
73,000.00
$
73,000.00
10%
$
7,300.00
Sitet,Fence (dots Perimeter and
Con§vo4rea)=;
13,600.00
LF
$
1.00
$
13,600.00
10%
$
1,360.00
Strip Siti�(To De Use bn-site)
3,000.00
CY
$
1.00
$
3,000.00
10%
$
300.00
Soil Tracking Device
1.00
EA
$
2,500.00
$
2,500.00
10%
$
250.00
Clearing / Grub
78.00
AC
$
1,100.00
$
85,800.00
10%
$
8,580.00
Lake Excavation
360,000.00
CY
$
2.50
$
900,000.00
10%
$
90,000.00
Lake Bank Soil Stabiliation w/ Sod
40,000.00
SY
$
2.50
$
100,000.00
10%
$
10,000.00
36" RCP
585.00
LF
$
Subtotal
$
1,177,900.00
L.Subtotal
$
117,790.00
Grading
Rough & Finish Grade Pads 55,400.00
SY
$ 1.00
$
55,400.00
10%
$
5,540.00
Rough & Fisish Grade Road 18,700.00
SY
$ 1.00
$
18,700.00
10%
$
1,870.00
Rough Grade Green Areas including
berms 197,600.00
SY
$ 0.75
$
148,200.00
10%
$
14,820.00
10%
$
Subtotal
$
222,300.00 1
Subtotal
$
22,230.00
Paving
12" Stabilized Subgrade
18,700.00
SY $
2.20
$
41,140.00
10%
$
4,114.00
8" Cemented Coquina Base
17,700.00
SY $
11.00
$
194,700.00
10%
$
19,470.00
1" Type Asphalt (First Lift Only)
16,800.00
SY $
6.45
$
108,360.00
10%
$
10,836.00
1" Second Lift Asphalt
16,800.00
SY $
6.45
$
108,360.00
100%
$
108,360.00
Curb
Mod Miami
11,200.00
LF
$
11.00
$
123,200.00
10%
$
12,320.00
Type E
164.00
LF
$
13.00
$
2,132.00
10%
$
213.20
Type F
940.00
LF
$
13.00
$
12,220.00
10%
$
1,222.00
Type D
1,072.00
LF
$
11.00
$
11,792.00
10%
$
1,179.20
4' Dia. Manholes
2.00
EA
1 $
Subtotal
$
601,904.00 1
Subtotal
$
157,714.40
5' Sidewalk (On -Site) 4,800.00 LF $ 18.00 1 $ 86,400.00 100% $ 86,400.00
Subtotal $ 86,400.00 1 Subtotal $ 86,400.00
Drainage
Remove Top and Replace
1.00
EA
$
1,725.00
$
1,725.00
10%
$
172.50
4' Dia. Miami Curb Inlets
26.00
EA
$
3,031.40
$
78,816.40
10%
$
7,881.64
4' Dia. Ditch Inlet
1.00
EA
$
3,172.85
$
3,172.85
10%
$
317.29
5' Dia. Miami Curb Inlets
2.00
EA
$
5,060.00
$
10,120.00
10%
$
1,012.00
4' Dia. Manholes
2.00
EA
1 $
3,033.70
$
6,067.40
10%
1 $
606.74
Type E Control Structure
1.00
EA
$
4,289.50
$
4,289.50
10%
$
428.95
Yard Drains
23.00
EA
$
1,012.00
$
23,276.00
10%
$
2,327.60
36" RCP
585.00
LF
$
97.75
$
57,183.75
10%
$
5,718.38
EXHIBIT "A"
01
Knight, McGuire Falcon Trace Phase 3A
Associates, Inc
30" RCP
385.00
LF
$
74.75
$
28,778.75
10%
$
2,877.88
24" RCP
724.00
LF
$
55.20
$
39,964.80
10%
$
3,996.48
18" RCP
1,725.00
LF
$
37.95
$
65,463.75
10%
$
6,546.38
36" CAP
90.00
LF
$
88.55
$
7,969.50
10%
$
796.95
30" CAP
30.00
LF
$
74.75
$
2,242.50
10%
$
224.25
24" CAP
120.00
LF
$
55.20
$
6,624.00
10%
$
662.40
18" CAP
180.00
LF
$
40.25
$
7,245.00
10%
$
724.50
12" ADS
2,836.00
LF
$
20.70
$
58,705.20
10%
$
5,870.52
36" Concrete Collar
3.00
EA
$
992.45
$
2,977.35
10%
$
297.74
30" Concrete Collar
1.00
EA
$
810.75
$
810.75
10%
$
81.08
24" Concrete Collar
4.00
EA
$
662.40
$
2,649.60
10%
$
264.96
18" Concrete Collar
7.00
EA
$
572.70
$
4,008.90
10%
$
400.89
856.00
LF
$
52.90
Subtotal
$
412,091.00 1
Subtotal
$
41,209.10
Sanitary Sewer
> Ok0
Liftstation 12' Dia.
1.00
LS
$ 366,850.00
$
366,850.00
10%
$
36,685.00
4' Dia. Manhole 18 - 20'
2.00
EA
$
9,911.85
$
19,823.70
10%
$
1,982.37
4' Dia. Manhole 16 -18'
1.00
EA
$
9,351.80
$
9,351.80
10%
$
935.18
4' Dia. Manhole 14 - 16'
1.00
EA
$
8,386.95
$
8,386.95
10%
$
838.70
4' Dia. Manhole 12 - 14'
6.00
EA
$
7,799.30
$
46,795.80
10%
$
4,679.58
4' Dia. Manhole 10 - 12'
4.00
EA
$
6,578.00
$
26,312.00
10%
$
2,631.20
4' Dia. Manhole 8 - 10'
3.00
EA
$
6,259.45
$
18,778.35
10%
$
1,877.84
4' Dia. Manhole 6 - 8'
1.00
EA
$
5,490.10
$
5,490.10
10%
$
549.01
4' Dia. Manhole 0 - 6'
2.00
EA
$
4,401.05
$
8,802.10
10%
$
880.21
8" DIP 18 - 20'
263.00
LF
$
116.15
$
30,547.45
10%
$
3,054.75
8" DIP 16 - 18'
231.00
LF
$
92.00
$
21,252.00
10%
$
2,125.20
8" DIP 14 - 16'
120.00
LF
$
87.40
$
10,488.00
10%
$
1,048.80
8" PVC 14 - 16'
856.00
LF
$
52.90
$
45,282.40
10%
$
4,52824
8" PVC 12 -14'
1,329.00
LF
$
49.45
$
65,719.05
10%
$
6,571.91
8" PVC 10 - 12'
931.00
LF
$
47.15
$
43,896.65
10%
$
4,389.67
8" PVC 8 - 10'
628.00
LF
$
37.95
$
23,832.60
10%
$
2,383.26
8" PVC 6 - 8'
346.00
LF
$
35.65
$
12,334.90
10%
$
1,233.49
8" PVC 0 - 6'
290.00
LF
$
32.20
$
9,338.00
10%
$
933.80
8" DIP 0 - 6'
20.00
LF
$
64.40
$
1,288.00
10%
$
128.80
Single Service
27.00
EA
$
552.00
$
14,904.00
10%
$
1,490.40
Double Service
62.00
EA
$
600.30
$
37,218.60
1000
$
3,721.86
Clean Outs
5.00
EA
$
209.30
$
1,046.50
10%
$
104.65
N Lines
5,014.00
LF
$
4.95
$
24,819.30
10%
$
2,481.93
Force main
Connect to Existing
1.00
LS
$
378.35
$
378.35
10%
$
37.84
4" PVC C900
448.00
LF
$
10.90
$
4,883.20
10%
$
488.32
4" 90 deg. Bend
1.00
EA
$
290.95
$
290.95
10%
$
29.10
4" 22 1/2 deg. Bend
1.00
EA
$
267.95
$
267.95
10%
$
26.80
4 x 4 Tee
1.00
EA
$
.311.65
$
311.65
10%
$
31.17
4" GV and Box
3.00
EA
$
1,116.65
$
3,349.95
10%
$
335.00
Fittings
1.00
LS
$
1,888.30
$
1,888.30
10%
$
188.83
Pig Lines (if needed)
Pressure Test
1.00
1.00
LS
LS
$
2,070.00
$
2,070.00
10%
$
207.00
$ 1,725.00 $ 1,725.00 10% $ 172.50
Subtotal $ 867,723.60 1 Subtotal $ 86,772.36
62
Knight, McGuire
Associates, Inc
Water
Falcon 'trace Phase 3A
Rem. Plub Tie into Existing
2.00
EA
$
667.00
$
1,334.00
10%
$
133.40
12" PVC C900
199.00
LF
$
41.40
$
8,238.60
10%
$
823.86
12 x 8 Tee
1.00
EA
$
560.05
$
560.05
10%
$
56.01
12" GV and Box
1.00
EA
$
2,777.25
$
2,777.25
10%
$
277.73
12" Plug
1.00
EA
1 $
294.40
$
294.40
10%
Is
29.44
8" PVC C900
5,889.00
LF
$
28.75
$
169,308.75
10%
$
16,930.88
Fire Hydrant Assembly
11.00
EA
$
4,194.05
$
46,134.55
10%
$
4,613.46
8" GV and Box
12.00
EA
$
2,037.80
$
24,453.60
10%
$
2,445.36
8 x 8 Tee
4.00
EA
$
347.30
$
1,389.20
10%
$
138.92
8" 45 deg. Bend
2.00
EA
1 $
239.20
$
478.40
10%
$
47.84
8" 22 1/2 deg. Bend
3.00
EA
$
235.75
$
.707.25
10%
$
70.73
8" 11 1/4 deg. Bend
10.00
EA
$
198.95
$
1,989.50
10%
$
198.95
8" Cap
2.00
EA
$
187.45
$
374.90
10%
$
37.49
2" Service w/ 5/8 Meter and RPZ
1.00
EA
$
1,735.35
$
1,735.35
10%
$
173.54
1" Svc 5/8 Meter & RPZ (Liftstation)
1.00
EA
$
1,567.45
$
1,567.45
10%
$
156.75
Single Service
17.00
EA
$
1,124.70
$
19,119.90
10%
$
1,911.99
Double Service
67.00
EA
$
1,554.80
$
104,171.60
10%
$
10,417.16
2" Temporary Jumper
2.00
EA
$
1,124.70
$
2,249.40
10%
$
224.94
Sample Points
6.00
EA
$
450.80
$
2,704.80
10%
1 $
270.48
Fittings
1.00
LS
$
6,794.20
$
6,794.20
10%
$
679.42
Bac T's
6.00
EA
$
461.15
$
2,766.90
10%
$
276.69
Pig Lines
1.00
LS
$
1,852.65
$
1,852.65
10%
$
185.27
Pressure Test
1.00
LS
$
1,846.90
$
1,846.90
10%
$
184.69
Subtotal
Landscaping (see Aaaroved Landscane Plan Sheet 11
Subtotal $ 40,284.
Large Canopy Trees
161.00
EA
$
350.00
$
56,350.00
10%
$
5,635.00
Standard Canopy Trees
160.00
EA
$
250.00
$
40,000.00
10%
$
4,000.00
Understory Trees
506.00
EA
$
175.00
$
88,550.00
10%
$
8,855.00
Shrubs
3,489.00
EA
$
8.00
$
27,912.00
10%
$
2,791.20
Ground Cover
1.00
LS
$
25,000.00
$
25,000.00
25%
$
6,250.00
Shoreline Trees
353.00
EA
$
300.00
$
105,900.00
100%
$
105,900.00
Open Space Trees
78.00
EA
$
250.00
$
19,500.00
100%
$
19,500.00
Irrigation
1.00
LS
$
42,500.00
$
42,500.00
10%
$
4,250.00
Subtotal
$
405,712.00
Subtotal
$
157,181.20
rroressionai
Engineering / Design
1.00
LS
$
50,000.00
$
50,000.00
10%
$
5,000.00
Engineering Inspection
1.00
LS
$
25,000.00
$
25,000.00
10%
$
2,500.00
Surveying Layout
1.00
L.S
$
- 40,000:00
$
40,000.00
10%
$
4,000.00
Electric
1.00
LS
$
50,000.00
$
50;000.00
10%
$
5,000.00
Engineering Close Out
1.00
LS
$
25,000.00
$
25,000.00
40%
$
10,000.00
Surveying As -Built / pc p setting
1.00
LS
$
30,000.00
$
30,000.00
30%
$
9,000.00
Subtotal
$
220,000.00
Subtotal
$
35,500.00
Total $ 4,396,880.20 Total
Bond
Bond Allowed 25% Amount
Grand Total $ 1,099,220.05
$ 745,082.02
125%
$ 931,352.53
63
O tt�j t%
¢ Wells Fargo Bank, N.A.
. o U.S. Trade Services
Standby Letters of Credit
401 N. Research Pkwy, ist Floor
MAC D4004-017,
lVinston-Salem, NC 27101-4157
Phone:1(800) 776-3862 Option 2
E -Mail: sblc-new@welisfargo.com
wellsfargo.com
Irrevocable Standby Letter Of Credit
BENEFICIARY
INDIAN RIVER COUNTY
180127TH STREET
VERO BEACH, FLORIDA 32960
LETTER OF CREDIT ISSUE AMOUNT
LADIES AND GENTLEMEN:
Number: IS000063832U
Issue Date : December 5, 2018
APPLICANT
D.R. HORTON, INC.
1341 HORTON CIRCLE
ARLINGTON,TEXAS 76011
USD 931,352.53 EXPIRY DATE FEBRUARY 15, 2020
BY ORDER OF D.R. HORTON, INC., WELLS FARGO BANK, N.A. HEREBY ESTABLISHES AN IRREVOCABLE LETTER
OF CREDIT NO. IS000063832U IN YOUR FAVOR IN THE AMOUNT OF US $931,352.53 (USD NINE HUNDRED
THIRTY ONE THOUSAND THREE HUNDRED FIFTYTWO AND 53/100) EFFECTIVE AS OF DECEMBER 5, 2018,
AND INITIALLY EXPIRING AT OUR OFFICE ATTHE CLOSE OF BUSINESS ON 02/15/2020.
IT 1S A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED
WITHOUT WRITTEN AMENDMENT FOR ONE YEAR PERIODS FROM THE PRESENT OR ANY FUTURE EXPIRY
DATE UNLESS AT LEAST 90 CALENDAR DAYS PRIOR TO SUCH EXPIRATION DATE, WE SEND THE BENEFICIARY
NOTICE AT THE ABOVE STATED ADDRESS BY CERTIFIED MAIL OR OVERNIGHT COURIER THAT WE ELECT NOT
TO EXTEND THIS LETTER OF CREDIT BEYOND THE INITIAL OR ANY EXTENDED EXPIRY DATE HEREOF.
IN THE EVENTTHAT THE CUSTOMER DOES NOT PROVIDE ALTERNATE SECURITY WITHIN THIRTY (30) DAYS
OF NOTICE, THE COUNTY SHALL HAVE THE RIGHT TO DRAW ON THE LETTER OF CREDIT
NOTWITHSTANDING THE LACK OF ANY DEFAULT UNDER THE CONTRACT. THIS STANDBY LETTER OF CREDIT
SHALL NOT BE EXTENDED BEYOND 08/01/2021 WHICH WILL BE CONSIDERED THE FINAL EXPIRATION DATE.
ANY REFERENCE TO A FINAL EXPIRATION DATE DOES NOT IMPLY THAT WELLS FARGO BANK, N.A. IS
OBLIGATED TO EXTEND THIS CREDIT BEYOND THE INITIAL EXPIRY DATE OR ANY EXTENDED DATE HEREOF.
WE HAVE BEEN INFORMED THAT THIS LETTER OF CREDIT IS PROVIDED TO YOU AS REQUIRED UNDER THE
CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS ("CONTRACT") BETWEEN D.R. HORTON, INC.
AND INDIAN RIVER COUNTY RELATING TO COVE AT FALCON TRACE PD PLAT 1.
WELLS FARGO BANK, N.A. SHALL MAKE FUNDS AVAILABLE UNDER THIS CREDIT TO YOU NOT EXCEEDING IN
THE AGGREGATE THE AMOUNT OF THIS CREDIT AGAINST YOUR SIGHT DRAFT TO US MENTIONING THIS
LETTER OF CREDIT NO. IS000063832U, ACCOMPANIED BY A LETTER FROM THE COUNTY ADMINISTRATOR
OR HIS DESIGNEE, WITH APPROVAL SIGNATURES OF THE COUNTY ATTORNEY OR HIS DESIGNEE, AND THE
DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET OR HIS DESIGNEE, STATING THAT D.R. HM #tCweT go far
Page 1 of 3
Each page of this document is an integral part
of this Irrevocable Standby Letter of Credit Number IS000063832U
HAS DEFAULTED UNDER THE TERMS OF THE AFOREMENTIONED CONTRACT FOR CONSTRUCTION OF
REQUIRED IMPROVEMENTS, AND THATTHE AMOUNT OF THE DRAFT REPRESENTS THE AMOUNT REQUIRED
BYTHE COUNTY TO FULFILL THE PERFORMANCE OF SAID CONTRACT FOR THE CONSTRUCTION OF
REQUIRED IMPROVEMENTS. DRAFTS PRESENTED FOR PAYMENT UNDER THE CREDIT SHALL BE MARKED,
"DRAWN ON IRREVOCABLE LETTER OF CREDIT NO. IS000063832U OF WELLS FARGO BANK, N.A."
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. SUCH UNDERTAKING
SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT,
INSTRUMENT, OR CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO
OR TO WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO
INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR CONTRACT.
WE HEREBY AGREE THAT YOUR SIGHT DRAFT AND LETTER AS MENTIONED ABOVE SHALL BE DULY
HONORED AND PAYMENT MADE UPON DUE PRESENTATION TO OUR OFFICE LOCATED AT THE ABOVE
ADDRESS OR BY FACSIMILE TRANSMISSION SPECIFIED BELOW, BEFORE 5:00 P.M. NO LATER THAN
FEBRUARY 15, 2020 OR ANY EXTENDED EXPIRATION DATE.
PRESENTATION OF DRAWING DOCUMENTS IN COMPLIANCE WITH THIS LETTER OF CREDIT SHALL BE
PRESENTED AT OUR OFFICE AT 401 N. RESEARCH PKWY.,1 ST FLOOR, WINSTON SALEM, NORTH CAROLINA
27101, ATTENTION: STANDBY LETTER OF CREDIT DEPARTMENT ON OR BEFORE THE EXPIRATION DATE.
ALTERNATIVELY, DRAWINGS MAY ALSO BE PRESENTED TO US BY FACSIMILE TRANSMISSION TO FACSIMILE
NUMBER 844-879-5593 (EACH SUCH DRAWING, A "FAX DRAWING"); PROVIDED, HOWEVER, THAT A FAX
DRAWING WILL NOT BE EFFECTIVELY PRESENTED UNTIL YOU CONFIRM BYTELEPHONE OUR RECEIPT OF
SUCH FAX DRAWING BY CALLING US AT TELEPHONE NUMBER 1-800-776-3862 OPTION 2. IF YOU PRESENT A
FAX DRAWING UNDER THIS LETTER OF CREDIT YOU DO NOT NEED TO PRESENT THE ORIGINAL OF ANY
DRAWING DOCUMENTS, AND IF WE RECEIVE ANY SUCH ORIGINAL DRAWING DOCUMENTS THEY WILL NOT
BE EXAMINED BY US. IN THE EVENT OF A FULL OR FINAL DRAWING THE ORIGINAL STANDBY LETTER OF
CREDIT MUST BE RETURNED TO US BY OVERNIGHT COURIER. ANY CHANGE IN FAX NUMBER, PHONE
NUMBER, OR ADDRESS AFFECTING PRESENTATION, MUST BE PROVIDED IMMEDIATELY IN WRITING TO THE
ATTENTION OF OFFICE OF MANAGEMENT AND BUDGET, AT BENEFICIARY'S ADDRESS.
EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS CREDIT IS SUBJECTTO AND GOVERNED BY THE
LAWS OF THE STATE OF FLORIDA AND THE INTERNATIONAL STANDBY PRACTICE 1998 INTERNATIONAL
CHAMBER OF COMMERCE PUBLICATION NO. 590 (ISP98) AND, IN THE EVENT OF ANY CONFLICT, THE
JURISDICTION IS IN FLORIDA, AND THE LAWS OF THE STATE OF FLORIDA WILL CONTROL.
Very Tru ly Yo u rs,
WELLSTAR10 BANK'
By:
Authoazed Signature
The original ot6, ,'`Lettei;of.Credit contains an embossed seal over the Authorized Signature.
Together we'll go far
Page 2of3
Each page of this multipage document is an integral part
of this Irrevocable Standby Letter of Credit Number IS0000638320
Please direct any written correspondence or inquiries regarding this Letter of Credit, always quoting our
reference number, to Wells Fargo Bank, National Association, Attn: U.S. Standby Trade Services
at either 794 Davis Street, 2nd Floor
MAC A0283-023,
San Leandro, CA 94577-6922
or 401 N. Research Pkwy,1 st Floor
MAC D4004-017,
WINSTON-SALEM, NC 27101-4157
Phone inquiries regarding this credit should be directed to our Standby Customer Connection Professionals
1-800-776-3862 Option 2 1-800-776-3862 Option 2
(Hours of Operation: 8:00 a.m. PT to 5:00 p.m. PT) (Hours of Operation: 8:00 a.m. EST to 5:00 p.m. EST)
Together we'll go far
Page 3of3
Each page of this multipage document is an integral part
of this Irrevocable Standby Letter of Credit Number I5000063832U
Indian River County, Florida
Memorandum
TO: Jason Brown, County Administrator
THRU: Kristin Daniels, Director, OMB
FROM: Beth Martin, Risk Manager
DATE: December 4, 2018
SUBJECT: Mediated Settlement; Jeffrey Wolski
It is requested that the Board of County Commissioners consider the following Consent
Agenda item at their December 18, 2018 regular meeting.
Background
On November 30, 2018 the County Administrator reviewed and approved the $70,000.00
settlement for former Sheriff's Office employee Jeffrey Wolski's December 3, 2015
workers' compensation claim. Mr. Wolski, attacked by an inmate, sustained eye, eyelid,
neck and upper back injuries that required surgery and extensive treatment. The
mediated settlement is inclusive of his attorney's fees and costs.
Recommendation
In keeping with administrative policy, staff now requests Board approval of this
settlement in the amount of $70,000.00. Payment will be made from the Self Insurance
Fund.
Approved for Agenda
December 18, 2018
67
2-r
INDIAN RIVER COUNTY, FLORIDA CONSENT
DEPARTMENT OF EMERGENCY SERVICES
MEMORANDUM
TO: Honorable Board of County Commissioners
THROUGH: Jason E. Brown, County Administrator
FROM: Tad Stone, Director
Department of Emergency Services
FROM: Etta LoPresti, Emergency Management Coordinator
Emergency Management Division
DATE: December 5, 2018
SUBJECT: Approval of Resolution Adopting the 2019 Indian River County Emergency
Plan for Hazardous Materials.
It is respectfully requested that the information contained herein be given formal consideration by the Board of
County Commissioners at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
On September 11, 2018, the Board of County Commissioners approved the 2018/2019 State Funded Subgrant
Agreement to update Indian River County's Hazards Analysis. The agreement provided adequate funding for
the Emergency Management Division to review and modify our Indian River County Emergency Plan for
Hazardous Materials. The updated plan was submitted to the Florida Division of Emergency Management for
review.
The submitted plan, consisting of over 800 pages, is measured against compliance criteria established by
provisions of Section 303 (g) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and
administrative rulings by the State Emergency Response Commission. Per our agreement, the plan is
reviewed annually. Currently, Indian River County has 29 agencies, which meet the threshold of SARA
reporting and review by the Emergency Management Division.
On December 4, 2018, the Emergency Management Division was notified by the Florida Division of
Emergency Management that our modifications meet the criteria outlined in our Scope of Work and is
therefore approved. The Board of County Commissioners' adoption of this plan finalizes the grant agreement
between Indian River County and the Department of Community Affairs/Division of Emergency
Management.
FUNDING:
This is a 100% funded agreement to update the county's hazards analysis and review/update the Indian River
County Emergency Plan for Hazardous Materials. Indian River County was awarded $3,143.00 and no match
is required. 68
RECOMMENDATION:
Staff recommends approval of the attached Resolution and the 2019 Indian River County Emergency Plan for
Hazardous Materials.
ATTACHMENTS:
Resolution approving 2019 Indian River County Emergency Plan for Hazardous Materials.
2. Approval letter from Florida Division of Emergency Management dated December 5, 2018.
**Due to its size, the 2019 Plan is on file at the Department of Emergency Services and the Board of County
Commissioners Office**
69
RESOLUTION NO. 2018 -
Resolution of
the Board of County Commissioners
of Indian River County, Florida,
Approving the Indian River County
Hazardous Materials Emergency Plan
WHEREAS, Chapter 252, Florida Statutes, assigns to the Board of County
Commissioners responsibility for disaster mitigation, preparedness, response
and recovery; and
WHEREAS, with the enactment of the Emergency Planning and Community
Right -To -Know Act of 1986, Congress imposed upon Local Emergency Planning
Committees and local governments additional planning and preparedness
requirements for response to emergencies involving the release of hazardous
materials; and
WHEREAS, each county within a Local Emergency Planning District is required
to develop an Emergency Response Plan for Hazardous Materials to become a
component part of the local Emergency Planning District Plan; and
WHEREAS, Indian River County's Hazardous Materials Emergency Plan has
been reviewed and approved by the Florida State Emergency Response
Commission for Hazardous Materials as meeting the criteria for such plans
established by the Administrator, United States Environmental Protection Agency
and the National Response Team; and
WHEREAS, this plan is intended to provide the framework for the development
of detailed operating procedures by first response public safety agencies
charged with the responsibility of protecting the public's health and safety from
the discharge or release of extremely toxic chemicals.
70
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA that:
Indian River County's Hazardous Materials Plan is hereby adopted.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as
follows:
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Bob Solari
Susan Adams
Joseph E. Flescher
Peter D. O'Bryan
Tim Zorc
who
The Chair thereupon declared the Resolution duly passed and adopted this
day of , 2018.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
Attest:
Jeffrey R. Smith, Clerk of
Court and Comptroller
Bob Solari, Chairman
71
December 5, 2018
MEMORANDUM
To: Counties and Local Emergency
Planning Committee
From: Donna Ray, Grants Specialist V
SUBJECT: Hazard Analysis Updates
The Florida Division of Emergency Management (FDEM) has completed its review of the
2018-2019 Hazards Analysis updates. The evaluation indicates the analysis meets the criteria
outlined in the agreement. However, in order to fulfill all requirements of the agreement please
submit the following.
• Copy of the complete Hazards Analysis CAMEO file to the Local Emergency Planning
Committee.
• Notify first responders.
• Notify the Attachment C facilities of the availability of the file.
Please provide all transmittals to FDEM.
If you have any questions or require additional assistance, please contact me at (850) 815-4314.
72
M
INDIAN RIVER COUNTY
MEMORANDUM
TO: Jason E. Brown
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling, AICP
Community Development Director
THROUGH: Roland M. DeBlois, AICP
Chief, Environmental Planning
& Code Enforcement
FROM: Kelly Buck
Code Enforcement Officer
DATE: December 6, 2018
RE: Lawnwood Medical Center Inc.'s Request for Release of a Marginal Access Easement
at 660 South U.S. Highway 1
It is requested that the Board of County Commissioners formally consider the following information at its
regular meeting of December 18, 2018.
DESCRIPTION AND CONDITIONS
The County has been petitioned by George Huddleston of S&ME, Inc., representing Lawnwood Medical
Center, Inc. which owns property at 660 South U.S. Highway 1, for release of a 22 -foot wide marginal
access easement on the property. The purpose of the easement release request is to allow for construction
of a freestanding emergency room and associated improvements (see attached maps).
ANALYSIS
The subject easement was established in 1988 to ensure a future access interconnection between
commercial properties fronting US Highway 1. Such an access interconnection is being provided
through the site plan approval process at a location more advantageous than the marginal access easement
location proposed for release.
The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services;
the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; the
County Planning Division, and the County Surveyor. None of the utility providers or reviewing agencies
expressed an objection to the requested release of easement. Therefore, it is staff's position that the
requested marginal access easement release would have no adverse impact to vehicular access, or to
drainage or utilities relating to the subject property or to other properties.
RECOMMENDATION
Staff recommends that .the Board, through adoption of the attached resolution, approve release of the
22 -foot wide marginal access easement described in the resolution.
73
LAWNWOOD MEDICAL CENTER
Release of Easement
Page 2
ATTACHMENTS
1. Maps depicting easement proposed for release.
2. Copy of recorded marginal access easement.
3. Proposed County Resolution Releasing Easement.
ease.bccmemo
proj./appl. no. 97080089/82880
74
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MARGINAL ACCESS EASEMENT
WHEREAS, COMUS CORP., a Florida corporation, hereinafter
"Grantor," is the fee simple owner of certain real property, situated in
Indian River County, Florida, which is currently undergoing site plan
approval and development, said real property being described on the
attached Exhibit "A"; and
WHEREAS, Grantor's property is immediately adjacent to U. S. Highway
No. 1 (State Road #5), which is designated in the Indian River County
Comprehensive Plan as an arterial; and
WHEREAS, it is necessary to limit the number of access points onto
arterials through the development and use of a system of marginal access
roads within developments located along arterials;
W I T N E S S E T H:
That Grantor, for and in consideration of the approval by Indian
River County of a site plan for development of Grantor's property, and
other valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, by these presents does grant a nonexclusive easement
for ingress and egress over, upon and across that real property described
In Exhibit "B" unto INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, for the development of a marginal access road for the use
and benefit of the owners or successor owners of the adjacent properties
lying to the North and South, and all lessees, licensees, invitees, or others
having the lawful right of possession, use or presence upon said adjacent
property:
This easement shall be appurtenant to said adjacent properties and
shall have perpetual existence unless and until such time as released by
appropriate recorded instruments executed by then owner of said dominant
estate, with the written joinder and approval of the Planning Director of
Indian River County, Florida, or his successor.
To have and to hold as described herein, subject to a covenant by
the owner, and successor owners, of said adjacent properties to pay to
Grantor a pro rata share of the cost of construction and maintaining any
improvements within the easement area which facilitate ingress and egress to
and from both properties. Grantor hereby covenants that it is lawfully
seised of said servient land described on Exhibit "A" in fee simple, that it
has good right and lawful authority to convey the easement established
hereby, and win defend the same against the lawful claims of all persons
whomsoever.
IN WI NESS WHEREOF, Grantor has caused these presents to be
executed this day of December, 1988.
S ed, sealed and delivered
presence- COD
7 -Z -?42-.2 r- M &d69479 By:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
:P,; SE4
0
I HEREBY CERTIFY that on this day. before me, an"•of$eer duly
authorised to this State and County to take acknowledgments, personally
appeared Michael O•Haire. President of COMUS CORP.. a Florida corporation,
who executed the foregoing instrument on behalf of the Grantor and he
acknowledged before me that he executed the same on behalf of the said
Grantor.
WITNE83 ;m:hta�d official seal Way ber, 1988.
&: �,
, tae O
at Large.
<.'" :;•"'' My Commission
`5.. s=pires:
SM -Mi. i7haire, Quinn a Game, Attorneys At Law
P.O. Box 4375, Vero BeacFlorida 32964. 3111 Cardinal Dfire. Vero Beach, Florida 329M
(407j 231-8900 77
Q.R. 0818 PG. 2774
Exhibit "A"
A portion of the Southwest 114 of Section 19, Township 33 South, Range 40
East, Indian River County, Florida, lying easterly of the easterly
right -of --way of U.S. highway No. 1. being more particularly described as
follows..
Commencing at a point of intersection of the South line of the Paul Goodridge
property as described in Official Records Book 24 at Page 363 of the Public
Records of Indian River County, Florida, with the new East right--of-way of
U.S. Highway No. 1; thence South 12005158" East (assumed datum) along said
right-of-way 302.35 feet, to the Point of Beginning of the parcel to be
described herein. From the Point of Beginning, run South 89057140" East,
along the North line of the South 300 feet as measured along the East
right-of-way line of U.S. Highway No. 1 of that tract of land described in
Official, Record Book 106 at Page 360 of the Public Records of Indian River
County, Florida, 167.69 feet to the East line of the property described in
Official Record Book 67, at Page 93, Public Records of Indian River County,
Florida; thence South 12005158" Bast, 80.15 feet; thence South 77054102" West,
183.49 feet, more or less, to a point on the East right-of-way line of U. S.
Highway No. 1; thence North 12005158" West, along said right-of-way line,
119.62 feet to the Point of Beginning. Containing 0.421 acres, more or less.
.330 -vee- 19M
0. R. 0818 P6 2775
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LEGAL DESCRIPTION OF MARGINAL ACCESS EASEMENT
FOR COMUS CORPORATION
DESCRIPTION OF THE CENTERLINE OF A TWENTY-TWO FOOT WIDE MARGINAL
ACCESS EASEMENT, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19,
TOWNSHIP 33 SOUTH, RANGE 40 EAST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 19 AND RUN NORTH
89057'51" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID
SECTION 19, SAID LINE ALSO BEING THE CENTERLINE OF OSLO ROAD, FOR
1227.78 FEET TO THE SOUTHERLY EXTENSION OF THE EASTERLY RIGHT OF
WAY LINE OF U.S. HIGHWAY NO. 1; THENCE RUN NORTH 12.05'58" WEST
ALONG SAID SOUTHERLY EXTENSION OF THE EASTERLY RIGHT OF WAY LINE,
AND THE EASTERLY RIGHT OF WAY LINE, OF U.S. HIGHWAY NO. 1 FOR
1367.16 FEET; THENCE RUN NORTH 776541021' EAST FOR 21.00 FEET TO THE
POINT OF BEGINNING OF THE CENTERLINE OF THIS DESCRIPTION; THENCE
RUN NORTH.. 12.05'58" WEST, 21.00 FEET EAST OF AND PARALLEL TO SAID
EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1, FOR 118.00 FEET
TO THE END POINT OF THE CENTERLINE OF THIS DESCRIPTION, CONTAINING
2596 SQUARE FEET, OR 0.05960 ACRES, MORE OR LESS, LYING AND BEING
IN INDIAN RIVER COUNTY, FLORIDA.
8877.05.01
Revised GLD - 12/29/88
45�:w go_oe�n /5pv g
X
0. R. 0818 P6 2778
RESOLUTION NO. 2018 -
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING
A MARGINAL ACCESS EASEMENT AT 660 S US HIGHWAY 1(TAX PARCEL
ID NO. 33401900000500000022.0)
WHEREAS, Indian River County has an interest in a marginal access easement at 660 S. U.S.
Highway 1 (Tax Parcel ID No. 33401900000500000022.0); and
WHEREAS, Lawnwood Medical Center, Inc., the owner of the property, has made application to
Indian River County requesting that the County release the marginal access easement for purposes of
developing a free-standing emergency room; and
WHEREAS, the retention of the easement, as described below, serves no public purpose;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River
County, Florida that:
INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest
that it may have in the following described easement:
That certain 22 foot wide marginal access easement as described and recorded in O.R. Book 818, Page
2774, of the Public Records of Indian River County, Florida.
This release of easement is executed by Indian River County, a political subdivision of the State of
Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960.
THIS RESOLUTION was moved for adoption by Commissioner , seconded by
Commissioner , and adopted on the day of 12018,
by the following vote:
Chairman Bob Solari
Vice -Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Peter O'Bryan
Commissioner Tim Zorc
The Chairman declared the resolution duly passed and adopted this day of , 2018
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
LN
Bob Solari, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
:I
RESOLUTION NO. 2018 -
APPROVED AS TO LEGAL FORM:
County Attorney
ease.bccdoc
proj/apl. no. 97080089/82880
Cc: Applicant:
LAWNWOOD MEDICAL CENTER INC
ONE PARK PLAZA
NASHVILLE, TN 37203
81
•
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka P.E., Public Works Director
FROM: W. Keith McCully,,P.E., Stormwater Engineer
SUBJECT: Approval of Four -Month Extension to SJRWMD Cost -Share Grant for Osprey Acres
Floway and Nature Preserve
DATE: November 15, 2018
DESCRIPTION AND CONDITIONS
On August 29, 2016, the County and St. Johns River Water Management District (SJRWMD) entered into a
$1,200,250 Cost -Share Grant Agreement for Osprey Acres Floway and Nature Preserve construction
(Contract #28730). Construction progress has fallen behind schedule. A six-month grant extension
(Amendment #1) extended the Agreement to December 27, 2018. However, a second extension is now
necessary and it will extend the Agreement for four more months to April 30, 2019. SJRWMD agrees with
the extension and has prepared attached Amendment #2 to the Agreement. Neither the grant amount nor
any other grant terms are affected by the Amendment. In its latest construction completion schedule, West
Construction lists an estimated construction completion date of February 11, 2019. Staff believes a more
realistic construction completion date is mid-March 2019.
FUNDING
The construction contract is $7,436,921.35. An FDEP grant and the aforementioned SJRWMD grant will
fund up to $3,634,536, or 48.9 percent of the project cost. The remainder of the project is funded and
budgeted in Optional Sales Tax/Public Works / Osprey Acres Stormwater Park. Account No. 31524338-
066510-16022.
RECOMMENDATION
Staff recommends that the County Commission approve the attached Amendment#2 to the SJRWMD Cost -
Share Agreement and authorize the Chairman to execute it on behalf of the County.
ATTACHMENTS
SJRWMD Cost -Share Agreement Amendment #2 (Contract #28730)
DISTRIBUTION
William K. DeBraal, Deputy County Attorney
APPROVED AGENDA ITEM FOR DECEMBER 18, 2018
RN
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9COE3E25\@BCL@9COE3E25.doc
AMENDMENT 2 TO THE COST SHARE AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND INDIAN RIVER COUNTY
FOR OSPREY ACRES STORMWATER PARK PROJECT
THIS AMENDMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT (the "District"), whose mailing address is 4049 Reid Street,
Palatka, Florida 32177-2571, and INDIAN RIVER COUNTY ("Recipient") whose address is 180127"
Street, Building A, Vero Beach, Florida 32960-3388, and is effective on the date the last party has executed
same.
PREMISES:
The parties entered into Agreement No. 28730 on August 29, 2016 to provide funding for the Recipient's
Osprey Acres Stormwater Park project ("Agreement") and amended the Agreement on June 20, 2018
(Amendment 1). The parties desire to further amend the Agreement.
NOW, THEREFORE, in consideration of the above premises, which are hereby made a part of this
amendment, the mutual covenants contained herein, and other good and valuable consideration, the parties
hereby agree to amend the Agreement as follows:
1. Paragraph 1(a) TERM; WITHDRAWAL OF OFFER: delete this paragraph and replace it with the
following paragraph:
(a) The term of this Agreement is from August 29, 2016 ("Effective Date") through April 30, 2019
("Completion Date"). Time is of the essence for every aspect of this Agreement, including any time
extensions. Any request for an extension of time beyond the Completion Date must be made in
writing before January 30, 2019. Timely requests to extend the Completion Date of April 30, 2019
more than six months may only be approved by the District's Governing Board. Notwithstanding
specific mention that certain provisions survive termination or expiration of this Agreement, all
provisions of this Agreement that by their nature extend beyond the Completion Date, for example,
delivery of a final report, will remain in full force and effect after the Completion Date as necessary
to affect performance.
2. All other terms and conditions of the Agreement, including any subsequent amendments, are hereby
ratified and continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this amendment on the date set forth
below.
ST. JOHNS RIVER WATER INDIAN RIVER COUNTY
MANAGEMENT DISTRICT
IC
Ann B. Shortelle, Ph.D., Executive Director or designee
Date:
Date:
Attest:
Typed Name and Title
Typed Name and Title
83
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Stan Boling, AICP; Community Development Director
THROUGH: John W. McCoy, AICP; Chief, Current Development
FROM: Ryan Sweeney; Senior Planner, Current Development
DATE: December 7, 2018
SUBJECT: Willows Development, LLC's Request for Final Plat Approval for a Plat -Over Site Plan
Single -Family Development to be known as The Willows Phase 2 [SD -15-09-08 /
2006010188-82614]
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of December 18, 2018.
DESCRIPTION & CONDITIONS:
The Willows Phase 2 subdivision is the second phase of a two-phase plat -over site plan project. Phase
2 consists of 49 single-family lots on 8.08 acres, and is located at the northeast corner of 74th Avenue
and 16th Street (see attachment 1). The property is zoned RM -8, Residential Multiple -Family (up to 8
units/acre), and has an M-1, Medium -Density Residential -1 (up to 8 units/acre) land use designation.
The density for The Willows Phase 2 is 6.06 units per acre.
On January 14, 2016, the Planning and Zoning Commission granted major site plan and preliminary
plat approval for The Willows. As of this time, the developer has constructed 81.23% of the required
project improvements. The applicant has coordinated with staff to provide the following:
1. A Phase 2 final plat in conformance with the approved preliminary plat;
2. An approved Engineer's Certified Cost Estimate for the Phase 2 remaining required
improvements; and
3. An executed Contract for Construction of Phase 2 remaining required improvements, with a
letter of credit for 125% of the cost of construction for the remaining required improvements.
(To be provided after preparation of this report.)
The Board is now to consider granting final plat approval for The Willows Phase 2.
C:\Users\legistar\AppData\Local\Temp\BCL TechnologieAeasyPDF 8\@BCL@440E6294\@BCL@440E6294.docx 84 1
ANALYSIS:
Most, but not all, of the required project improvements have been completed. As provided for under
the LDRs applicable to this final plat application, the applicant will be "bonding -out" the remaining
18.77% of required project improvements (drainage, landscaping, roadways, utilities). Public Works,
Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost
Estimate for the remaining project improvements. Staff anticipates receipt of the Contract for
Construction of Required Improvements and an acceptable letter of credit in the amount of 125% of
the cost of construction for the remaining required improvements prior to the December 181h Board
meeting. However, because the December 18th meeting is the last meeting of the calendar year, those
items may be provided after the December 181h meeting. The contract for construction will be executed
by the County Administrator once the acceptable security has been received and approved by the
County Attorney's Office. The final plat will not be executed by the Chairman of the Board until these
items have been addressed.
All improvements within The Willows Phase 2 will be private, with the exception of certain utility
facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required
by the Utility Services Department.
RECOMMENDATION:
Staff recommends that the Board grant final plat approval for The Willows Phase 2, subject to final
review, approval, and signoff of a Contract for Construction of Required Improvements and acceptable
letter of credit by the County Attorney's Office.
ATTACHMENTS:
1. Application
2. Location Map
3. Final Plat Layout
C:\Users\legistar\AppData\L4ocal\Temp\BCL Technologies\easyPDF 8\@BCL@440E6294\@BCL@440E6294.docx 85 2
FINAL PLAT (PLTF) APPLICA'TI
PROJECT NAME (PRRM: The Willows - Phase 11
NOTE. THIS WILL BE THE FORMAUOFFICIAL NAME OF RECORD FOR THIS PROJECT
(SUCH AS "WOODY BIO TREE SUBDMSION").
PRELIlMARY PLAT PROJECT NAME AND PLAN NUMBER:
PROPERTY OWNER: (PRASE PRINT)
Willows DeYelooment. LLC
NAME
5070 N. Highway A1A, Unit C-1
ADDRESS
Vero Beach, FL 32963
CITY, STATE, ZIP
772-999-3494
PHONE NUMBER
robert@insitesolutions.biz _
EMAIL ADDRESS
OF
PROJECT ENG@IFER: (PLEASE PRINT)
Same as agent
NAME
ADDRESS __..
CITY, STATE, ZIP
PHONE NUMBER(s)
AGENT (PLEASE PPR j
SChulka, BitNe &Stoddard LLC
NAME
1717 Indian River Boulevard, Suite 201
ADDRESS
Vero Beach, FL 32960
CITY, STATE, ZIP
772-770-9622
PHONE NUMBER
ibittle0mbsenciineers.c om
EMAIL ADDRESS
Jodah B. Bittle, P.E.
CONTACT PERSON
PROJECT' SURVEYOR (PLEASE PRINT)
Meridian Land Surveyors
NAME
1717 Indian River Boulevard, Suite 201
ADDRESS
Vero Beach, FL 32960
CITY, STATE, ZIP
772-770-9622_
PHONE NUMBER(s)
r1s5755@bellsouth.net
EMAIL ADDRESS MAIL ADDRESS
Chadmg RlanchaCd
CONTACT PERSON CONTACT PERSON
180127x' Street, Vero Beach FL 32960
FiCamtmmq Davolop=d APPLJCATMNSCWDW qV UAamsl WdPhtAppuoadka.doo Revised Apa 2016 1 of 3
86
SITE PARCEL TAX EWS: 33-39-06-00001-0130-00001.0
COUNTY LAND DEVELOPMENT PERMIT (LDP) #:_ 20060101, &75947
DATE LDP ISSUED: 03/23/2016
Z,ONJNG: RM -8 FLUE: M-1
TOTAL (GROSS) ACRES: 19.35 acres TOTAL NUMBER OF LOTS: L82 4
AREA OF DEVELOPMENT (NET) ACREAGBe: 19.32 acres
DENSITY (UNITS PER ACRE): 4.76 t wits l acre
NOTE: "N/A" should be marked in the "YES" column if "Nat Applicable"
1. Fee - $1,400.00 (checks payable to Indian River County) x
2. Completed Final Plat Application Form X
3. Ten (10) Copies of the Final Plat (Must be signed and sealed by surveyor) X
4. Fetter of Authorizwon (if applicant is not owner) N/A
5. Letter from developer providing timeline for achieving the
756A completion threshold for the overall subdivision improvement _ X
ridy ridA:4" f :Af1*1 fj 1 11 1101tvA Z, t:i
CONSTRUCTION COA V"TE - BUILT OUT:
(a) Certificate of Completion from Public Works or copy of letter to
Public Warks and Utilities requiring inspection of improvements.
IF D4PROVENxENTS ARE DEDICATED TO THE PUBLIC:
(b) Onginel Engmeces Certified Cost Estim de for improvements
(signed and sealed)
Failure to provide information on whim option is being selected may result in a delay in
processing the application.
==OR -=-
180127&
ORS
180127' Stet, Vero Beach FL 32960
P.TmmeftlkvotVMdAMWAT10NSW-Dwapplioa4=1FMWWAppties WAw RaindAgri7016 2of3
Rb
CONSTRUCTION INCOMPLM - BOND OUT:
(a) Original Engineer's Certified Cost Estimate for Improvements
(signed and sealed, note items to be completed or percent completed
at 75% fime ld for overall subdivision).
(b) Statement that improveanents are nearing completion and a x_
certificate of completion will be obtain prior to final plat approval
7. Copies of Documents to be recorded with the final plat:
a. Covenants, Deed Restrictions, Bylaws, etc. or Statement
There Are None X
b. Property Owner's Association Articles of Incotporation
or statement indicating why tecar+ding of FOA is NOT
required. X
180127 h Street, Vero Beach FL 32960
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Stan Boling, AICP; Community Development Director
FROM: John W. McCoy, AICP; Chief, Current Development
DATE: December 10, 2018
SUBJECT: Indian River Preserve, LLC Request for Extension of Site Plan Approval for a Multi -
Family Development to be Known as The River Preserve (SP -MA -16-09-21 /
2001030063-77155)
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of December 18, 2018.
DESCRIPTION & CONDITIONS
At its regular meeting of December 8, 2016, the Planning and Zoning Commission granted major site
plan approval to construct a 96 unit multi -family development on the east side of US 1 approximately
1,500' north of Barber Street Currently, the site plan approval expiration date is December 8, 2018.
Prior to the expiration date, on November 20, 2018, John H. Blum, P.E., of Carter Associates, Inc.,
on behalf of Indian River Preserve, LLC, the project applicant, filed a request to extend the site plan
approval expiration date. The developer has requested an extension due to evolving changes in the
rental market (see attachment #1).
ANALYSIS
Although minor amendments have been made to the LDRs since the development was initially
reviewed and approved, the Technical Review Committee (TRC) members agree that the
amendments are not significant enough to require revisions or redesign of the project. Accordingly,
all TRC members have reviewed and approved the extension request.
As allowed under provisions of the LDRs, the developer is requesting a one-year extension of the site
plan and related preliminary plat approval expiration date. Pursuant to Chapter 914 of the LDRs, the
Board of County Commissioners may deny, approve, or approve with conditions the requested
extension. Staff has no objections to the Board granting the request since the site plan conforms to
existing LDR requirements. Granting the request will set a new major site plan approval expiration
date of December 8, 2019.
92
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@640EC04C\@BCL@640EC04C.rtf
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve Indian River Preserve, LLC's
request for a one-year extension of the site plan approval for The River Preserve multi -family
development with all original approval conditions to remain in effect. The new site plan approval
expiration date will be December 8, 2019.
Attachments:
1. Request Letter
2. Location Map
3. Site Plan
4. List of Approval Conditions
93
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@640EC04C\@BCL@640EC04C.rtf 2
A; ry
SS e!WAJ
e
%.As;
(XP4"5U:M-3 ENGIN URS
'MOWUM R�k,4"-Z"M -V2467,4I91 (FAX:
R& The Pdver Preserve (Fest Side)
IPIC Project #2001030663
SP -M -A-16-09-21
Major Site Plan Applica'don
Dear John:
MAJNX i;� I-. 1XVIAILSK Pati ..Y..
On behalf of my client, we hereby request a 12 -month extension of the site plan approval from
the Board of County Commissioners for the above referenced project The site plan approval is
due to expire on December 8, 2018. To date, no work associated with the site plan has been
perfoi-med. This extension request is due to evolving changes in the rental market.
Thank you in advance for your attention in this matter. Should you have an-, questions or need
additional information, please do not hesitate to contact our office.
Sincerely,,
CARTER ASSOCIATES, INC.
P
4
—4,66 H. Bluni, P.E.
Principal
Cc: Mark Hoffman - Indian River Preserve, LLC
N'6tHM1 643e River PmsetYeTaftWngkCourkW1annn1n0Ae Plan Extunslon.doc
94
WAIJUPT. Vit. At.
N
November 20, 2018
"
nZ
Nft. John W. McCoy, AICP
Chief, Current Development
Indian River County
180127" Street
Vero Beach, Flotida 32960
R& The Pdver Preserve (Fest Side)
IPIC Project #2001030663
SP -M -A-16-09-21
Major Site Plan Applica'don
Dear John:
MAJNX i;� I-. 1XVIAILSK Pati ..Y..
On behalf of my client, we hereby request a 12 -month extension of the site plan approval from
the Board of County Commissioners for the above referenced project The site plan approval is
due to expire on December 8, 2018. To date, no work associated with the site plan has been
perfoi-med. This extension request is due to evolving changes in the rental market.
Thank you in advance for your attention in this matter. Should you have an-, questions or need
additional information, please do not hesitate to contact our office.
Sincerely,,
CARTER ASSOCIATES, INC.
P
4
—4,66 H. Bluni, P.E.
Principal
Cc: Mark Hoffman - Indian River Preserve, LLC
N'6tHM1 643e River PmsetYeTaftWngkCourkW1annn1n0Ae Plan Extunslon.doc
94
r
u'ILLY ju.,41OR
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31392000000100000018.0
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ATTACHMENT 2
!3 SINGLE FAMILY UNITS (BUILDINGS 10 - 20) 78 MUL D -FAMILY UNITS (CONGOLUNIUM) NO CHANGES FROM 2003 APPROVAL (BUILDINGS 1 9) ---
\4. R`5 Lou+ --- -�' -_ •�
.\ � �; 'm...an
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INDIAN RIVER PRESERVE. LLC
`-1 CARTER A&SOCUTES, INC.
THE RIVER PRESERVE P
SHEET
020 MORRIS TURNPIKE
t� SUITE to2�314
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 TREET, VERO REACH, fL 32860
S
OVERALL DEVELOPMENT SKETCH
SIKKtT HILLS, NJ 0]0]B
>EL.ImI %i+�Ot A[Inx15m]tM
--- -- --- -
INDIAN RIVER COUNTY, FLOPoDA ,
GRAPHIC SCAM
STORMIrATER LA" 4
�E P c
CTP
--
-
-----
--
--------------- - --- ----
INDIAN RIVER PRESERVE, 114
CARTER ASSOCIATFS, INC.
THE RPIER PRESERVE'
HEET
OA RISTJRNMKE
SHORT N.J.
CONSULT NG ENGINEERS ANO LAND SUR"RYORS
. VERO BEACH. F�FL
SME GEOMETRY PLA
EASTERN AREA
N.NRIVER COUNTYI. FLORIDA
December 22, 2016
John H. Blum, P.E.
Carter Associates, Inc.
1708 213' Street
Vero Beach FL 32960
-t�;g�, r T�T,I KD AN 1+3�.T�+��[R�C+C#�5.11�'sY
LPARTNE
N
180127th Street, Vero Beach FL 32960
772-226-1237 1772-978-1806 fax
www.iregov.com
RE: The River Preserve Major Site Plan - proval
[SP -MA -16-09-21 / 2001031063-7713,]
Dear Mr. Blum:
At its regular meeting of December 8, 2016, the Planning and Zoning Commission approved the above -
referenced major site plan application. That action approves the construction of a 96 unit multi -family
apartment complex on the western portion of the overall River Preserve development site located 9900
US Highway 1, with the following conditions:
Prior to site plan "release, the applicant shall submit all required jurisdictional permits to Plannim9
Staff as follows:
a. Indian River County Initial/Final Concurrency
b. Indian► River County Land Clearing Permit
C. Indian River County Tree Removal Permit
d. Indian River County Type `B' .SWMS Permit
e. Indian River County Right -of -Way Permit
f. FDEP Notice of Intent
g. FDEP Water and Wastewater Permits
h. SJRWMD Environmental Resources Permit
2. Prior to issuance of a land clearing and tree removal permit, the applicant shall submit to the
county a final tree mitigation plan that may include mitigation in the form of fee -in -lieu and/or
on-site planting of mitigation trees and pay any required fee -in -lieu of mitigation.
3. Prior to site plan release, the applicant shall:
a. Record a unity of title acceptable to county staff
b. Grant the upland and wetland conservation easements shown on the project site plan.
C. Provide Public Works written confirmation from FDOT that the proposed emergency
access is acceptable.
d. Document that access acceptable to Mosquito Control has been provided.
FAContmunity DevetopmenAC irDcv\P&Z12016\rbtRiverPrescrvePZCappYtr.doo 1 99
seam r
4. Prior to the issuance of a certificate of occupancy (C.O.), the applicant shall:
a. Install all required landscape buffers and opaque features.
b. Obtain County approval of the US 1 turn lane improvements.
C. Repair or replace the sidewalk along the site's US 1 frontage, as determined by Public
Works.
d. Plant any required mitigation trees.
5. Project construction must follow County construction hours regulations under 974.04(2):
(2) Construction equipment and activity. It shall be unlawfW to operate any equipment or
perform any outside construction or repair work on buildings, structures, roads, or projects
within the county between the hours of 8:00 p.m. and 6:00 am. unless an administrative
approval as set forth in section 974.07 for such construction or repair work between such hours
has been obtained from Indian River County on the basis of good cause shown.
Upon satisfaction of the approval conditions, the applicant shall provide, in writing, the intent to begin
construction and arrange an appointment with a Current Development Division staff member to release
the approved plan.
Please be advised that site plan approval shall terminate and become null and void without notice if
construction has not commenced within 24 months from the date of approval. Site plan approval may be
extended one time only for good cause by the Board of County Commissioners for a period not to
exceed 12 months. Construction shall be considered abandoned and site plan approval may be
terminated if a good faith effort to proceed voth the completion of the project has not occurred for a
continuous period of 6 months.
Be advised dw the Code Enforcement Department may conduct periodic inspections to ensure the
project is completed in accordance with the approved site plan. UQon completion of construction of
e; eh inulti-famabuilding, the aprolicant shall sub ie a formal request for certificate of
occupancy site Inspections thrangh tha Pla�Division. see attachyd checklist for sabmittal
Instructions.
If you require any additional assistance please contact me at 772-226-1235 or jmccoy rz iregov.com.
Sincerely,
jolm W. McCoy, AICD
Chief, Current Development
Attachment: Site Plan CO Checklist
cc: Stan Boling, AICP (via e-mail)
John W. McCoy, AICP
Vincent Burke (via e-mail)
Aijuna Weragoda (via e-mail)
John King (via a -mail)
Richard B Szpyrka, P.E. (via a -mail)
100
F:iCommunity Develop=ntiCurE?etP&MO161TheRivcrPmsavaP7.C.whr.dw 2
M
i.
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO:
Jason E. Brown
County Administrator
THROUGH:
Richard B. Szpyrka, P.E.
Public Works Director
FROM:
Kendra Cope, M.S.
Environmental Specialist
SUBJECT:
Work Order No. 2 Coastal Waterways Design and Engineering, LLC
Construction of Emergency Beach Access at Round Island Park
DATE:
December 7, 2018
BACKGROUND
On April 17, 2018 the Board approved a contract with Coastal Waterways Design and Engineering
LLC, for professional coastal engineering services in Indian River County under RFQ 2018008.
Coastal Waterways has been selected for professional services related to constructing an
emergency beach access at Round Island park.
Recently the County was impacted by a Red Tide event. As a result, the County underwent a
large-scale marine debris cleanup effort along the entire 22.4 -mile coastline. The County's many
public beach accesses were utilized for this cleanup by the contractor, however in South County,
an efficient cleanup effort proved difficult due to the lack of a heavy equipment beach access.
Having an emergency access available in South County would minimize the difficulties for
response to future emergency events. Another use for an emergency access would be for future
beach and/or dune nourishment projects. The Sector 7 project area is a critically eroded 2 -mile
section of shoreline north of Round Island Beach park that extends from Treasure Cove south to
the northern Moorings Subdivision and does not include any public lands. A Sector 7 beach re -
nourishment project is planned for winter 2020/2021.
DESCRIPTION AND CONDITIONS
The proposed Work Order No. 2 provides professional design, permitting and project
management services for the construction of an emergency beach access located in Sector 8 just
north of Round Island Beach park (Exhibit D). The proposed project will allow for beach access
for emergency response within South County, construction access to the critically eroded Sector
7 area during re -nourishment projects, as well as, access for emergency vehicles to assist with
healthy, safety and security objectives within Round Island Beach Park.
Work Order No. 2 totals a lump sum fee of $37,250.00 for design, permitting, and project
management.
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BCC Agenda Item
Beach Access at Round Island
December 18, 2018
FUNDING
Funds for this expenditure are not currently budgeted but will be funded with a Budget
Amendment from Beach Restoration/Cash Forward -Oct 1St to Beach Restoration Fund/Other
Professional Services, Account # 12814472-033190 in the amount of $37,250.00
RECOMMENDATION
The recommendation of staff is for the Board to approve Work Order No. 2 to the contract with
Coastal Waterways Design and Engineering, LLC. and authorize the Chairman to sign on behalf of
the County.
ATTACHMENT
Coastal Waterways Design and Engineering, LLC. Work Order No. 2
APPROVED AGENDA ITEM FOR: DECEMBER 18,201
102
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S
WORK ORDER NUMBER 2
CONSTRUCTION OF EMERGENCY BEACH ACCESS AT ROUND ISLAND PARK
This Work Order Number 2018008-2 is entered into as of this day of
2018, -pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services
entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between
INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and
Coastal Waterways Design and Engineering, LLC. ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B
(Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant
will perform the professional services within the timeframe more particularly set forth in Exhibit C
(Time Schedule), attached to this Work Order and made a part hereof by this reference all in
accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of
the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement
and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as
if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
Coastal Waterways Design and OF INDIAN RIVER COUNTY:
Engineering, LLC
By: 1
Stephe . Boehning
P.E., CFM
Title: President/Principal
Coastal Engineer
Date: 1 t f -'/ Zo1J
By:
Bob Solari, Chairman
BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Approved:
Approved as to form and legal sufficiency:
Deputy Clerk
Jason E. Brown, County Administrator
William K. DeBraal, Deputy County Attorney
103
Coastal Exhibit A 601 2151 Street
Suite 300
Waterwa s Veto Beach, Florida 32960
Y Ph: (772) 473-4099
www.coastalwde.com
December 4, 2018
Kendra Cope.
Division of Natural Resources
Indian River County Public Works
1801 27th Street
Vero Beach, Florida 32960
RE: Indian River County Coastal Construction Control Line (CCCL) Permitting,
Design and Construction Administration Services *for Beach Access at
Round Island Park to meet Health, Safety, and Security Objectives
Dear Ms. Cope:
Indian River County seeks to provide security and emergency response access, a fire
safety break, and a heavy construction equipment access in south county within the
vicinity of Round Island beach Park. The specific location of the access will consider
impacts to the environment and to the use of the park both during construction and
when the access is actively used for the intended planned purposes. This proposal is to
design and seek state and local permits for a south county beach access to meet the
health, safety, and security objectives as identified by the County.
As requested, attached is the Coastal Waterways proposed scope of services for
professional coastal engineering and environmental services to be provided by Coastal
Waterways Design & Engineering LLC (COASTAL WATERWAYS) for Indian River
County (COUNTY) for Construction Control Line (CCCL) Permitting, Design and
Construction Administration Services for Beach Access at Round Island Park to meet
Health, Safety, and Security Objectives:
Task la — FDEP CCCL Permit and Indian River County Pre -application
Conference and Conceptual Design: COASTAL WATERWAYS will conduct by
telephone a pre -application meeting with the Department of Environmental
Protection (DEP) staff and conduct a pre -application meeting with Indian River
County Community Development staff to discuss the conceptual plan for beach
access. COASTAL WATERWAYS will prepare conceptual design drawings to use
during the discussions of the project with FDEP and County staff. COASTAL
WATERWAYS shall prepare minutes of the pre -application conferences.
Engineering, Floodplain & Emergency Management Solutions within our Coastal and Marine Envvrrroament
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Indian River County CCCL - Round Island Beach Access
December 4, 2018
Page 2 of 6
COASTAL WATERWAYS will obtain beach profile data from Indian River County
and .the Florida Department of Environmental Protection (FDEP). This will form the
basis for the COASTAL WATERWAYS conceptual design that will be utilized in
preparation of the permit sketches.
COASTAL WATERWAYS will prepare a conceptual design to restore and re -
vegetate the dune consistent with existing FDEP and Indian River County rules
and codes. COASTAL WATERWAYS will prepare a plan drawing, ' a. cross-
sectional drawing, and an opinion of probable initial construction costs. COASTAL
WATERWAYS will meet with the COUNTY to present the conceptual design. At
this meeting, the COUNTY will approve the conceptual design or identify a
conceptual design to be the basis of preliminary and final design.
Task 1 b — Survey: A topographic survey of the existing conditions is required by
the County and the DEP.
COASTAL WATERWAYS will obtain a topographic survey of the beach and dune
that meets the DEP requirements and provides a basis for the cross-section design
template for permitting and construction documents.
COASTAL WATERWAYS will perform a topographic survey of the Project area
including establishment of a baseline. The survey will; define park features
including parking, buildings, amenities (i.e., existing playground), define the upland
and seaward extent of dune vegetation; identify the top of dune, toe of dune, and
crest width of the dune. The survey will consist of at least one beach profile as
required by FDEP permit Rules, including elevations recorded at least every 25
feet on center and at any break in slope. The profiles shall extend from the
approximate landward toe of dune, or approximately 20 feet landward of the
seaward dune crest, to the zero contour line. Plan view and cross-sectional
drawings of the survey results will be prepared by COASTAL WATERWAYS which
shall serve as the basis of design and permitting for the Project. COASTAL
WATERWAYS shall subcontract a portion of this work to Oceanside Solutions
LLC, a registered surveyor.
Task 2 — Preliminary and Final Design: COASTAL WATERWAYS will prepare
preliminary and final design drawings for the proposed project that will consist of a
approximate 25 -foot wide access for emergency and heavy equipment access to
the beach. For each phase, COASTAL WATERWAYS will provide an opinion of
probable costs and meet with the COUNTY to review the design. Final design shall
include signed and sealed construction plans and specifications suitable for
bidding and construction of the project.
COASTAL WATERWAYS will prepare a preliminary design to be submitted with
the permit application and subsequently used to prepare 24" x 36" construction
Engineering, Floodplain &Emergency Management Solutions within our Coastal and Madne Enviwnment
105
Indian River County CCCL - Round Island Beach Access
December 4, 2018
Page 3 of 6
drawings for bidding purposes. The preliminary design will utilize the conceptual
design sketches and will be updated with information from the pre -application
meeting and our meeting with the COUNTY. Also, the preliminary design will use
information from the survey performed under a separate task of this proposal, if
necessary.
Final design drawing updates will be completed after receipt of the permit, as
necessary, and shall include signed and sealed construction plans and
specifications. For each phase, COASTAL WATERWAYS will provide an updated
opinion of probable costs and meet with the COUNTY to review the design.
Task 3a - DEP Permit Application: Based on the results of the pre -application
conference with FDEP staff and on the preliminary design, COASTAL
WATERWAYS will prepare a formal application for a FDEP permit for dune
restoration. To fulfill DEP requirements, the COUNTY will provide to COASTAL
WATERWAYS:
1) a copy of the Warranty Deed for the project property;
2) a signed "Certificate of Owner's Authorization"; and
3) the required FDEP permit application fee.
Task 3b — Indian River County Community Development Administrative
Approval Application: COASTAL WATERWAYS will complete an Indian River
County Administrative Approval Application and submit Community Development
Department for permit approval. Coastal Waterways will seek a waiver of the $200
Application Fee. Coastal Waterways shall complete the Administrative Approval
Application Form including Ten (10) Copies of the Plan, Project Description Letter,
One (1) aerial of site with project overlaid showing surrounding 200 feet, One (1)
Copy of the Owner's Deed, Letter of Authorization from Property Owner if owner
is not applicant, Completed Tree Removal Permit Application, Completed Land
Clearing Permit Application. Coastal Waterways shall provide a Revegetation plan
and a Gopher tortoise survey/plan as prepared by Coastal Waterways
subconsultants.
The Indian River County Dune Vegetation Alteration Application shall include a
survey of -the site, including a plan view, Aerial photograph, detailed description of
the proposed re -vegetation and maintenance plan, including vegetation species,
planting schedule, and maintenance schedule. The gopher tortoise survey shall be
conducted by a Coastal Waterways subconsultant having a valid license as a
FFWCC authorized gopher tortoise agent.
Task 3c — Florida Department of Transportation (FDOT) Permit Application
for Driveway/Connection: COASTAL WATERWAYS will complete and submit an
FDOT Driveway/Connection Permit Application on behalf of the County to
authorize use of the proposed potential driveway to be located north of the existing
Engineering, Floodpltin & Emergency Management Solvtlons mitbin our Coastal sad Marine En eironment
106
Indian River County CCCL - Round Island Beach Access
December 4, 2018
Page 4 of 6
park entrance. COASTAL WATERWAYS shall provide FDOT approved design
details and cost estimate for work in the state road ROW along State Road A -1-A.
Task 3d - DEP Permit and County Approval Processing: COASTAL
WATERWAYS will represent the project before DEP and County permit review
staff towards obtaining permits for the work consistent with the design approved
by the COUNTY in Task 2. COASTAL WATERWAYS will contact FDEP and
County staff to address staff questions and concerns and to expedite their review
and processing of the permit application. COASTAL WATERWAYS will confer with
the COUNTY as to (a) interpretation of FDEP and County rules and regulations,
and (b) responses to any FDEP and County staff. requests for additional
information. COASTAL WATERWAYS will provide written responses to DEP and
County staff to address staff requests for additional information. COASTAL;
WATERWAYS will represent the project before FDEP and County staff toward
securing approval of permits for the project.
Additional surveys, studies or analysis not identified may be required by the
agencies. These surveys/studies/analysis are beyond the scope of this work. Upon
request by the FDEP for. additional surveys/studies/analysis, COASTAL
WATERWAYS will submit a separate proposal requesting the COUNTY's
authorization for these additional services.
Task 4 - Construction Administration Services: COASTAL WATERWAYS will
assist the COUNTY with answers to potential bidders questions and assist the
COUNTY with issuance of one (1) addendum if necessary. COASTAL
WATERWAYS will assist the COUNTY Representative in bidding and negotiating
a construction agreement.
COASTAL WATERWAYS will conduct an on-site pre -construction meeting with
the COUNTY Representative and the selected contractor. COASTAL
WATERWAYS will review shop drawings and up to two (2) change orders if
necessary. COASTAL WATERWAYS will make up to five (5) daily site observation,
additional daily site observations will be negotiated at our hourly rates if deemed
necessary. Daily site observations shall include identifying that the Contractor is
performing the scope of work in accordance with the plans, specifications and
permits. In addition, COASTAL WATERWAYS will make a final site observation
and submit a certification to the regulatory agencies to identify conformance of the
project to the specifications, plans and permit.
Engineering, Floodplain & Emergenc.vManagement Solutions within our Coastal and Marine Envltnnment
107
Indian River County CCCL : Round Island Beach Access Exhibit B and C
December 4, 2018
Page 5 of 6
Deliverables:
Task 1a - FDEP/County Pre -app Conference and Conceptual Design:
meeting minutes
Task lb - Survey: signed and sealed survey
Task 2 - Preliminary and Final Design: signed and sealed plans and technical
specifications
Task 3a - DEP Permit Application: completed permit application
Task 3b - County Community Development Application: completed permit
application, vegetation plan and tree removal permit application,
gopher tortoise survey, completed land clearing application
Task 3c - FDOT Permit Application: _completed permit application
Task 3d - DEP Permit and County Approval Processing: RAI responses
Task 4 - Construction Administration Services: site observation reports
General Terms: The COUNTY will provide all application fees, publishing fees, and
additional surveys and testing reports required by the FDEP and any associated
agencies. Additional surveys, studies or analyses may be required by the agencies.
These surveys, studies, or analyses are beyond the scope of this work but may be
provided by COASTAL WATERWAYS under separate authorization.
Schedule:
Task 1a - FDEP/County Pre -app Conference and Conceptual Design: completed
within 4 weeks of the County's Notice to Proceed.
Task 11b - Survey: Completed within 3 weeks of completion Task 1 a services
Task 2 - Preliminary and Final Design: (Preliminary Design) shall be completed
within 4 weeks of completion of Task 1 b services.
Task 3a - DEP Permit Application: completed within 2 weeks of completion of Task 2
(Preliminary Design) services.
Task 31b - County Community Development Application:, completed within 2 weeks
of completion of Task 2 (Preliminary Design) services.
Task 3c - FDOT Permit Application: completed within 2 weeks of completion of Task
2 (Preliminary Design) services.
Task 3d - DEP Permit and County Approval Processing: dependent upon DEP and
County review timing
Task 4 - Construction Administration Services: dependent upon County contract
bidding and negotiation timing
Fee:
The total fee for the work described in Task 1 through Task 4 above is $37,250.00
Task 1a - FDEP/County Pre -app Conference and Conceptual Design: $4,000
Task 1 b - Survey: $5,000
Task 2 - Preliminary and Final Design: $6,600
Task 3a - DEP Permit Application: $4,000
Englneertng, Floodplain & Emergency Management Soludons wit&n our Coastal and Marine Envirionment
108
Indian River County CCCL - Round Island Beach Access
December 4, 2018
Page 6 of 6
Task 31b - County Community Development Application: $6,000
Task 3c - FDOT Permit Application: $900
Task 3d - DEP Permit and County Approval Processing: $5,500
Task 4 - Construction Administration Services: $5,250
If you have any questions regarding this matter, please contact Steve Boehning at (772)
473-4099.
Sincerely,
COASTAL WATERWAYS
Stephen W �hniing,E., CFM
President / Principal Coastal Engineer
Kendra Cope
Division of Natural Resources
Indian River County Public Works
Date
Engineering, Floodplain & Emergency Management Solutions within our Coastal and Marine Environment
109
Figure 1. Indian River County Round Island Beach Park— Emergency and Heavy Equipment Access
Proposed Approximate Survey Limits and Potential Beach Access Location
�`� Coastal
Waterways
110
01
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka P.E., Public Works Director
FROM: W. Keith McCully, P.E., Stormwater Engineer
SUBJECT: Release of Retainage for Work Order No. MMRT-1 for Professional Land
Surveying and Mapping Services for Osprey Acres Floway and Nature Preserve
DATE: December 10, 2018
DESCRIPTION AND CONDITIONS
On May 10, 2016, the County Commission approved Work Order No. MMRT-1 with Masteller, Moler,
Reed & Taylor, Inc. (now Masteller, Moler & Taylor, Inc.) to provide professional land surveying
services to assist in the design of Osprey Acres Floway and Nature Preserve. The Work is complete and
the purpose of this agenda item is to request the release of all retainage, amounting to $2,587.40.
FUNDING
The retainage amount of $2,587.40 will be paid from Optional Sales Tax/Osprey Acres/
Retainage/Masteller & Moler, Account # 315-206000-16022
RECOMMENDATION
Staff recommends the Board of County Commissioners approve release of retainage in the entire
amount of $2,587.40.
ATTarwKAFNTC
Invoice from Masteller, Moler & Taylor, Inc.
DISTRIBUTION
Budget
APPROVED AGENDA ITEM FOR DECEMBER 18.2018
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To: Indian River County
Mr. David Schryver
1801 27th Street, Building A
Vero Beach, FL 32960
ob Description:
Masteller, Moler & Taylor, Inc.
1655 27th Street, Suite 2
Vero Beach, FL 32960
Phone: 772-564-8050
Fax: 772-794-0647
e-mail: dt5243@bellsouth.net
Invoice
Invoice #: 4535-23161
Date: 11/27/2018
Project ID: 7090
Terms: Net 30 Days
Professional surveying services rendered through 6/30/16 for the Osprey Acres Topographic
Survey, Indian River County Project #1611, Work Order #MMRT-1 pursuant Professional
Services Agreement Annual Surveying & Mapping/GIS Services Contract No. 1333 2015-2016.
Retainage - Invoice #4535-15486 ..:...........................................$ 456.60
Retainage - Invoice #4535-15646 .............................................. $2,130.80
Total Retainage Due ..........................................
Make Checks Payable to Masteller, Moler & Taylor, Inc.
Please remit a copy of this invoice with your payment.
Thank You!
Please Note: No final documents or drawings will be released without payment in full. All payments are due upon receipt.
All accounts past 30 days will be subject to 2% monthly interest and a $25 administrative service fee will also be charged
for each monthly Statement of Account issued after the work is completed or suspended by either party.
Accounts past 45 days will be sub;ect to lien, unless other arrangements were made at time Contract was signed.
(See Contract Standard Conditions)
112
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date:
December 18, 2018
To:
Jason E. Brown, County Administrator
From:
Vincent Burke, P.E., Director of Utility Services
Through:
Cindy Corrente, Utilities Finance Manager
Prepared By:
Rita Strickland, Utilities Accountant
Subject:
Approval to Use Paymentus for Merchant Services
DESCRIPTIONS AND CONDITIONS:
Indian River County Department of Utility Services (IRCDUS) has recognized the need to advance the
technology used in our department to a more digital -friendly environment in order to enhance the
customer's experience as well as streamline the payment and electronic billing process. With our
growing community and the digital environment, a more advanced platform is needed to enhance the
payment and information experience.
An analysis of the current merchant processing system for credit cards, phone, online, and point-of-sale
for customer payments identified the need for a more modern platform. Although we are a relatively
small utility compared to AT&T, Comcast, or Florida Power and Light, our customers expect the same
level of e -services to be made available to them. Modernizing our features would provide a platform for
more payment methods and easier online access to their utility bill.
The analysis involved comparing the advantages and disadvantages of the cost, labor, accessibility, and
security needed in the Water and Wastewater Utilities Sector. IRCDUS currently uses Total System
Services (TSYS) Bank as its merchant service provider for credit card payments and Regions Bank for the
customer online banking, Automated Clearing House (ACH), and paper lockbox payments. By advancing
the technology used in our department to a more digital -friendly environment, the customer's
expectations and experience, along with internal processes, would be updated and improved.
On July 12, 2016, the Board of County Commissioners (BCC) approved adopting Invoice Cloud as its e -
service provider. At that time, staff began to work with Invoice Cloud representatives for a targeted
implementation date of January 2017. During late fall of 2016, staff inadvertently discovered that the
Customer Information System (CIS) payment gateway (or handshake) between Invoice Cloud and Harris
Advanced Utility Systems (Harris) would no longer be supported by Harris. Harris has at least four
updates annually. That meant that any time either party had a software enhancement or patch, the two
systems would not communicate.
113
Page 1 of 3
By February 2017, Invoice Cloud was unable to provide the services contracted by IRCDUS and was no
longer a viable option. With the programs that can be integrated with CIS being very limited, the search
for another option was delayed until the staff had more information about providers with the ability to
utilize the gateway that would work without additional programming on a regular basis. IRCDUS
consulted with CIS about who could provide the needed services and was referred to Paymentus.
ANALYSIS:
Paymentus can provide an e -services turn -key platform that would enhance our services with mobile
versatility, customer web -based portals, and advanced security with Level 1 Payment Card Industry
(PCI) compliance. Their platform offers expanded payment options that include Pay -by -Text, Pay -by -
Email, MobileWeb, and MobileApp, which is currently not available for IRCDUS customers. Harris
Advanced Utility Systems currently has 78 clients in Florida utilizing Paymentus for these services. They
have 1,300 nationwide clients, of which 900 are government or municipal utilities. References within
the Florida utilities industry were provided, and the feedback was all favorable.
The cost of switching to Paymentus for merchant services would increase our projected annual cost by
approximately $27,834. All software upgrades and the hosting cost would be the responsibility of
Paymentus. Coincidentally, Paymentus is the parent company of Tele -Works, Inc., our current
Interactive Telephone Voice Response System (IVR) that provides the gateway to communicate with
CIS. The cost would be offset by the IVR services being included with the Paymentus E -Services Platform
and eliminate the annual maintenance and support expense. Paymentus will refund a prorated amount
estimated at $9,329 (9 months) for the fiscal year 2019.
The following advantages and disadvantages have been identified below.
Advantages:
• Paperless bills look the same as paper bills
• Website and mobile access to receive (or view) bills and make payments
• Payment options of Pay -by -Text, Pay -by -Email, MobileWeb, and MobileApp
• Duplicate payments receive an alert to prevent double payments
• Payments can be processed in real time or set up to pay at a later date
• Credit card payments are posted to our bank on the date of payment instead of the normal
delay time
• Bank routing numbers are verified on electronic checks, reducing staff research
• Registered customers would not need their account number to pay bill
• Anticipated growth in participation in online payments and inquiries by customers would
reduce staff phone interaction
• Mass notices could be processed with IVR calls at no additional cost to IRCDUS
• Eliminates the annual maintenance and support, cost of IVR ports, and license certificates
• Paymentus responsible for Level 1 PCI compliance
• Paymentus has a redundant system in place to minimize downtime and prevent catastrophic
system failures
• Proven performance with integration with the CIS program
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Page 2 of 3
Disadvantages:
• Increase in net annual cost of credit card fees due to the increase volume for a more user-
friendly system
• Customers will need to set up their account online for the new service in order to use upgraded
features even if they already have an on-line account.
Due to the advantages outweighing the disadvantages, staff will be recommending the switch to
Paymentus. If the switch is approved, this will involve a 180 -day process to allow for testing of the
merchant service portion. The IVR Hosted Platform will be able to be switched over within 4-6 weeks
for the inbound and immediately for the outbound calls. Since the recently approved water and sewer
rate increase will go into effect on March 1, 2019, staff suggests targeting an April 1, 2019, start date for
the Paymentus merchant service transfer. This will prevent any overlapping of the testing for the new
rates and the new merchant services.
FUNDING:
The funds for merchant services are available in the Credit Card Fees account in the operating fund.
Operating funds are generated from water and sewer sales. Annual merchant services costs are
estimated at $203,117. The first two quarters will be with TSYS ($97,473), and the last two quarters will
be with Paymentus ($105,644).
Description
Account Number
Amount
Credit Card Fees
47126536-035680
$203,117
RECOMMENDATION:
Staff recommends that the Board of County Commissioners waive the requirement for bids, approve
Paymentus as its merchant service provider and authorize the Chairman to endorse the Paymentus
Master Services Agreement after review and approval by the County Attorney's office. Staff also
recommends to authorize the Purchasing Manager the approval authority to extend the agreement
under the same conditions at the time of renewal, by mutual agreement, so long as the Purchasing
Manager and Director of Utility Services are satisfied that Paymentus has been performing properly,
and if the extension would be in the best interest of the County.
ATTACHMENTS:
Paymentus Master Services Agreement
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Page 3 of 3
MASTER SERVICES AGREEMENT
Client: I Indian River County Department of Utility Services, Florida
Client Address: 1 1801 271h Street, Vero Beach, Florida 32960
Contact for Notices to Client: I Cindy Corrente, Utility Finance Manager
Estimated Yearly Bills / Invoices: 1 528,000
This Master Services Agreement ("Master Agreement') is entered into as of the Effective Date below, by and
between the Client ("Client') identified above and Paymentus Corporation, a Delaware Corporation
("Paymentus").
WHEREAS Paymentus desires to provide and the Client desires to receive certain services under the terms and
conditions set forth in this Agreement. Paymentus provides electronic bill payment services to utilities,
municipalities, insurance and other businesses.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the receipt and sufficiency of
which are hereby acknowledged, the parties, intending to be legally bound, hereby covenant and agree as
follows. This Agreement consists of this signature page, General Terms and Conditions, and the attachments
("Attachments") with schedules ("Schedules") listed below:
Schedule A: Paymentus Service Fee Schedule
This Agreement represents the entire understanding between the parties hereto with respect to its subject matter
and supersedes all other written or oral agreements heretofore made by or on behalf of Paymentus or Client with
respect to the subject matter hereof and may be changed only by agreements in writing signed by the authorized
representatives of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
representatives.
Client: Paymentus:
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
116
GENERAL TERMS AND CONDITIONS
Definitions:
For the purposes of this Agreement, the
following terms and words shall have the meaning
ascribed to them, unless the context clearly indicates
otherwise.
1.1 "Agreement " or "Contract" shall refer to this
Agreement, as amended from time to time, which
shall constitute an authorization for the term of this
contract for Paymentus to be the exclusive provider
of services, stated herein, to the Client
1.2 "User" shall mean the users of the Client's
services
1.3 "Effective Date" shall be the last date upon
which the parties signed this Agreement. The
Agreement will not be effective against any party until
the said date
1.4 "Launch Date" shall be the date on which
Client launches this service to the Users
1.5 "Payment" shall mean Users to make
payments for Client's services or Client's bills
1.6 "Payment Amount" shall mean the bill
amount User wants to pay to the Client.
1.7 "Services" shall include the performance of
the Services outlined in section 2 of this Agreement
1.8 "Paymentus Authorized Processor" shall
mean a Paymentus authorized merchant account
provider and payment processing gateway
1.9 "Average Bill Amount" shall mean the total
amount of Payments collected through Paymentus
system in a given month divided by the number of the
Payments for the same month.
2 Description of Services to be performed
2.1 Scope of Services
Paymentus shall provide Users the
opportunity to make Payments by Visa, MasterCard,
Discover, E -check and other payment methods as
deemed necessary by Paymentus. Payments may be
made by Interactive Telephone Voice Response
System ("IVR") or secure Internet interface provided
at the Paymentus Corporation's web site or other
websites part of Paymentus' Instant Payment
Network ("WebSites"), collectively referred to as the
("System" or "Platform").
2.2 Professionalism
Paymentus shall perform in a professional
manner all Services required to be performed under
this Agreement.
3 Compensation
3.1 No Cost Installation
Paymentus will charge no fees related to the
initial setup and personalization of its standard
service for both Web and IVR interfaces.
3.2 Paymentus Service Fee
For each payment, Paymentus will charge a
Paymentus Service Fee as per Schedule A
(hereinafter called "Paymentus Service Fee").
4 Payment Processing
4.1 Integration with Client's Billing System
At no cost to Client, Paymentus will develop
one (1) file format interface with Client's billing system
using Client's existing text file format currently used
to post payments to Client's billing system. Client will
be responsible to provide Paymentus with the one file
format specification and will fully cooperate with
Paymentus during the development of the said
interface. If Client chooses to create an automated file
integration process to download the posting file, due
to Paymentus security requirements, Client will use
Paymentus specified integration process. Paymentus
platform is an independent full service fully hosted
platform per PCI -DSS requirements for a fully hosted
solution. As such, Paymentus platform does and can
function independent of any billing system integration.
A payment posting file can be emailed or downloaded
from Paymentus Agent Dashboard. If Client chooses
to have Paymentus platform integrated with its billing
system, Paymentus offers two options:
117
(i) Paymentus standard integration
specification that Client can use to integrate its billing
systems with Paymentus platform ("Standard
Integration"); (or)
(ii) Paymentus to either customize or
configure its platform to integrate with Client using file
specification or APIs supported by Client's billing
system ("Client Specific Integration")
If Client chooses Standard Integration,
Paymentus agrees to fully cooperate with Client and
provide its specification to Client. Paymentus also
agrees to participate in meetings with Client's
software vendor to provide any information or
clarifications needed to understand Standard
Integration.
If Client chooses Client Specific Integration,
Paymentus agrees to develop such integration at no
cost to Client, provided however, Client agrees to fully
cooperate with Paymentus and cause its software
vendors to fully cooperate with Paymentus. Client
agrees to provide all specification required for Client
specific integration. Client further agrees to
participate in testing with Paymentus and if needed,
cause its billing software vendors to participate in
testing.
Based on Client's use of Paymentus platform
and respective modules selected under this
Agreement, Paymentus will require the following
integration points:
(i) For one time Payment Module:
a. Customer Information —Text File or Real-
time
b. Payment Posting —Text File or Real-time
(ii) For Recurring Payment Module
a. Text File
(iii) For E -billing Module
a. Billing Data - Text File or Real-time link
to billing data
(iv) For ECM Module
a. Audience File — Text File for customer
engagement messages
Each of these can be based on Standard
Integration or Client Specific Integration.
Should the Client choose to change billing
systems during the term of this agreement,
Paymentus agrees to establish the requisite
integration with the new billing system at no cost to
the Client.
4.2 PCI Compliance
For PCI Compliance, Client has two options
for using Paymentus platform:
(i) Paymentus Fully Hosted Solution ;or
(ii) Any other configuration
To substantially reduce or eliminate any PCI
compliance risks and to render all Client systems out
of scope from PCI compliance requirements, Client
agrees to use Paymentus' fully hosted service where
Paymentus uses its own platform to capture
Payments and to manage the entire (end to end) user
experience from all channels for Payment
acceptance: Web, Mobile, IVR, POS devices,
recurring payments, Ebill Presentment ("Paymentus
Fully Hosted Solution"). If Client chooses any other
integration such as third party web pages integrated
with Paymentus APIs, third party gateway pages, or
its own IVR systems or POS solution not provided by
Paymentus, or a cashiering module from third party,
Client expressly agrees that Client shall not be
exempt from PCI requirements and shall be liable for
any data breaches occurring at its own systems as
Client's recognizes that Client systems are
participating in the transactions and are in scope for
PCI compliance. Under such circumstances,
Paymentus shall not be responsible for any PCI
obligations outside of Paymentus own Platform and
Paymentus expressly disclaims any PCI or security
obligations related to Client systems or any third party
systems that participate in the payment transactions.
Paymentus highly recommends that Client
uses Paymentus Fully Hosted Solution to
substantially reduce its PCI compliance and data
breach risks.
If Client chooses to use any other option
other than Paymentus Fully Hosted Solution, Client
agrees and warrants that Client shall remain PCI
compliant throughout the term of this Agreement. For
clarity, just because Client uses PCI compliant
applications such as its billing software, it does not
eliminate the need for Client to be PCI compliant.
For clarity, if Client systems are participating
in payment transactions in any form, Client systems
fall within PCI compliance scope.
4.3 Explicit User Confirmation
Paymentus shall confirm the dollar amount of
all Payments to be charged to a Card and
electronically obtain the User approval of such
charges prior to initiating Card authorizations
transaction. Paymentus will provide User with
electronic confirmation of all transactions.
118
4.4 Merchant Account
Paymentus will arrange for the Client to have
a merchant account with the Paymentus Authorized
Processor for processing and settlement of the credit
card transactions.
4.5 Card Authorization
For authorization purposes, Paymentus will
electronically transmit all Card transactions to the
appropriate card associations in real time as the
transactions occur.
4.6 Settlement
Paymentus together with its authorized Card
processor shall forward the payment transactions to
the appropriate card organizations for settlement
directly to the Client's depository bank account
previously designated by the Client (hereinafter the
"Client Bank Account").
Paymentus will debit the Paymentus Service Fees
from Client's account on a monthly basis.
Paymentus together with Paymentus Authorized
Processor will continuously review its settlement and
direct debit processes for its simplicity and
efficiencies. Client and Paymentus agree to fully co-
operate with each other if Paymentus were to change
its settlement and invoicing processes.
General Conditions of Services
5.1 Service Reports
Paymentus shall provide Client with reports
summarizing use of the Services by Users for a given
reporting period.
5.2 User Adoption Communication by Client
Client will make Paymentus' Services
available to its residential and commercial Clients by
different means of Client communication including a)
through bills, invoices and other notices; b) by
providing IVR and Web payment details on the
Client's website including a "Pay Novel' or similar link
on a mutually agreed prominent place on the web site;
c) through Client's general IVR/Phone system; and d)
other channels deemed appropriate by the Client.
Paymentus shall provide Client with logos, graphics
and other marketing materials for Client's use in its
communications with its users regarding the Services
and/or Paymentus.
Both parties agree that Paymentus will be presented
as a payment method option. Client will communicate
Paymentus option to its end residential and
commercial Clients wherever Client usually
communicates its other payment methods.
5.3 Independent Contractor
Client and Paymentus agree and understand
that the relationship between both parties is that of an
independent contractor.
5.4 Client's Responsibilities
In order for Paymentus to provide Services
outlined in this Agreement, the Client shall co-operate
with Paymentus by:
(i) Client will enter into all applicable merchant
Card or cash management agreements.
(ii) For the duration of this Agreement, Client will
keep a bill payment link connecting to Paymentus
System at a prominent and mutually agreed location
on the Client website. The phone number for the IVR
payment will also be added to the web site. Client will
also add the IVR payment option as part of the
Client's general phone system.
(iii) User Adoption marketing as described in 5.2.
(iv) Within 120 days of the merchant account
setup, Client will launch the service to the Users.
(v) For the purpose of providing Client a posting
file for posting to Client's billing system, Client will
provide the file format specification currently used to
post its payments to the billing system. Client will fully
cooperate with Paymentus and provide the
information required to integrate with Client's billing
system.
Governing Laws
This Agreement shall be governed by the
laws of the state of Florida.
Communications
7.1 Authorized Representative
Each party shall designate an individual to
act as a representative for the respective party, with
the authority to transmit instructions and receive
119
information. The parties may from time to time
designate other individuals or change the individuals.
7.2 Notices
All notices of any type hereunder shall be in
writing and shall be given by Certified Mail or by a
national courier or by hand delivery to an individual
authorized to receive mail for the below listed
individuals, all to the following individuals at the
following locations:
To Client
C/O: Cindy Corrente
Address: 1801 27th Street, Vero Beach, Florida 32960
Email:ccorrente@ircgov.com
To Paymentus
C/O: President and CEO
Address: 13024 Ballantyne Corporate Place
Suite 450
Charlotte, NC 28277
Email: ceo(a)pavmentus.com
Notices shall be declared to have been given or
received on the date the notice is physically received
if given by hand delivery, or if notices given by US
Post, then notice shall be deemed to have been given
upon on date said notice was deposited in the
mail addressed in the manner set forth above. Any
party hereto by giving notice in the manner set forth
herein may unilaterally change the name of the
person to whom notice is to be given or the address
at which the notice is to be received.
7.3 Amendment of Agreement
Modifications or changes in this Agreement
must be in writing and executed by the parties bound
to this Agreement.
7.4 Severability
If a word, sentence or paragraph herein shall
be declared illegal, unenforceable, or
unconstitutional, the said word, sentence or
paragraph shall be severed from this Agreement, and
this Agreement shall be read as if said word, sentence
or paragraph did not exist.
7.5 Attorney's Fees
Should any litigation arise concerning this
Agreement between the parties hereto, the parties
agree to bear their own costs and attorney's fees.
7.6 Confidentiality
Unless required by law, client will not disclose
to any third party or use for any purpose inconsistent
with this Agreement any confidential or proprietary
non-public information it obtains during the term of
this Agreement about Paymentus' business,
operations, financial condition, technology, systems,
no -how, products, services, suppliers, Clients,
marketing data, plans, and models, and personnel.
Paymentus will not disclose to any third party or use
for any purpose inconsistent with this Agreement any
confidential User information it receives in connection
with its performance of the services.
7.7 Intellectual Property
In order that the Client may promote the
Services and Paymentus' role in providing the
Services, Paymentus grants to Client a revocable,
non-exclusive, royalty -free, license to use
Paymentus' logo and other service marks (the
"Paymentus Marks") for such purpose only. Client
does not have any right, title, license or interest,
express or implied in and to any object code,
software, hardware, trademarks, service mark, trade
name, formula, system, know-how, telephone
number, telephone line, domain name, URL,
copyright image, text, script (including, without
limitation, any script used by Paymentus on the IVR
or the WebSite) or other intellectual property right of
Paymentus ("Paymentus Intellectual Property"). All
Paymentus Marks, Paymentus Intellectual Property,
and the System and all rights therein (other than
rights expressly granted herein) and goodwill pertain
thereto belong exclusively to Paymentus.
7.8 Force Majeure
Paymentus will be excused from performing
the Services as contemplated by this Agreement to
the extent its performance is delayed, impaired or
rendered impossible by acts of God or other events
that are beyond Paymentus' reasonable control and
without its fault or judgment, including without
limitation, natural disasters, war, terrorist acts, riots,
acts of a governmental entity (in a sovereign or
contractual capacity), fire, storms, quarantine
restrictions, floods, explosions, labor strikes, labor
walk -outs, extra -ordinary losses utilities (including
telecommunications services), external computer
"hacker" attacks, and/or delays of common carrier.
7.9 Time of the Essence
Paymentus and Client acknowledge and
agree that time is of the essence for the completion of
120
the Services to be performed and each parties
respective obligations under this Agreement.
Indemnification
8.1 Paymentus Indemnification and Hold
Harmless
Paymentus agrees to the fullest extent
permitted by law, to indemnify and hold harmless the
Client and its governing officials, agents, employees,
and attorneys (collectively, the "Client Indemnitees")
from and against all liabilities, demands, losses,
damages, costs or expenses (including reasonable
attorney's fees and costs), incurred by any Client
Indemnitee as a result or arising out of (i) the willful
misconduct or negligence of Paymentus in
performing the Services or (ii) a material breach by
Paymentus of its covenants.
8.2 Client Indemnification and Hold Harmless
Client agrees to the limit set forth in Florida
Statutes Section 768.28, to indemnify and hold
harmless Paymentus, its affiliates, officers, directors,
stockholders, agents, employees, and
representatives, (collectively, the "Paymentus
Indemnitees") from and against all liabilities,
demands, losses, damages, costs or expenses
(including without limitation reasonable attorney's
fees and expenses) incurred by any Paymentus
Indemnitee as a result or arising out of (i) the willful
misconduct or negligence of Client related to the
Services or (ii) a material breach of Client's
covenants.
8.3 Warranty Disclaimer
Except as expressly set forth in this
Agreement, Paymentus disclaims all other
representations or warranties, express or implied,
made to the Client or any other person, including
without limitation, any warranties regarding quality,
suitability, merchantability, fitness, for a particular
purpose or otherwise of any services or any good
provided incidental to the Services provided under
this Agreement.
8.4 Limitation of Liability
Notwithstanding the foregoing, the parties
agree that neither party shall be liable to the other for
any lost profits, lost savings or other special, indirect
or consequential damages, even if the party has been
advised of or could have foreseen the possibility of
such damages.
9 Term and Termination
9.1 Term
The term of this Agreement shall commence on the
effective date of this Agreement and continue for a
period of 5 (five) years ("Initial Term") from the Launch
Date.
At the end of the Initial Term, the client will have the
option to renew for 3 successive three (3) year
periods with prior written notice.
9.2 Termination in Regard to F.S. 287.135
Paymentus certifies that it and those related entities
of respondent as defined by Florida law are not on the
Scrutinized Companies that Boycott Israel List,
created pursuant to s. 215.4725 of the Florida
Statutes, and are not engaged in a boycott of Israel.
Client may terminate this Contract if Paymentus,
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 215.4725, Florida Statutes.
121
Material Breach
A material breach of this Agreement shall be cured
within 90 (ninety) days ("Cure Period") after a
party notifies the other of such breach. In the event,
such material breach has not been cured within the
Cure Period, the non -breaching party can terminate
this Agreement by providing the other party with a 30
(thirty) days notice.
9.3 Upon Termination
Upon termination of this Agreement, the parties agree
to cooperate with one another to ensure that all
Payments are accounted for and all refundable
transactions have been completed. Upon termination,
Paymentus shall cease all Services being provided
hereunder unless otherwise directed by the Client in
writing.
10 Public Records Compliance
Client is a public agency subject to Chapter 119,
Florida Statutes. Payment shall comply with Florida's
Public Records Law. Specifically, Paymentus shall:
(1) Keep and maintain public records required by
the Client to perform the service.
(2) Upon request from the Client's Custodian of
Public Records, provide the Client with a
copy of the requested records or allow the
records to be inspected or copied within a
reasonable time at a cost that does not
exceed the cost provided in Chapter 119 or
as otherwise provided by law.
(3) Ensure that public records that are exempt or
confidential and exempt from public records
disclosure requirements are not disclosed
except as authorized by law for the duration
of the contract term and following completion
of the contract if the contractor does not
transfer the records to the Client.
(4) Upon completion of the contract, transfer, at
no cost, to the Client all public records in
possession of Paymentus or keep and
maintain public records required by the Client
to perform the service. If Paymentus
transfers all public records to the Client upon
completion of the contract, Paymentus shall
destroy any duplicate public records that are
exempt or confidential and exempt from
public records disclosure requirements. If
Paymentus keeps and maintains public
records upon completion of the contract,
Paymentus shall meet all applicable
requirements for retaining public records. All
records stored electronically must be
provided to the Client; upon request from the
Custodian of Public Records, in a format that
is compatible with the information technology
systems of the Client.
IF PAYMENTUS HAS QUESTIONS
REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA
STATUTES, TO THE PAYMENTUS'
DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS
CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS
AT:
(772) 226-1424.
Dublicrecords0ircamcom
Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
Failure of the Contractor to comply with these
requirements shall be a material breach of this
Agreement.
122
Schedule A — Paymentus Service Fee Schedule
Paymentus Service Fee charged to the Client will be based on the following model:
Absorbed Fee Model
❑ Absorbed Model
❑ Average Bill Amount: $57.00
❑ Paymentus Service Fee
• Full Pass through of Interchange and Assessments for all Credit/Debit Cards
(Visa, MasterCard, American Express, Discover) plus $0.44 per authorization
• $0.00 per ACH/eCheck for one-time echeck payments and the option to add
auto -payments from legacy solutions pre -loaded or starting as new
❑ Solution Components include:
•
Online One Time Payment
•
Self -Service Customer Portal
•
Pay-by-Email/Secure PDF eBilling
•
IVR/Automated Phone Payments
•
Text -2 -Pay
•
Paperless eBilling
•
Outbound Customer Notifications
•
Staff Portal & Agent Dashboard
•
Paymentus Payment Processing Services
•
Point 2 Point Counter/POS payments
Note: Maximum Amount per Payment is $2,000.00. Multiple payments can be made.
Paymentus may apply different limits per transactions for user adoption or to mitigate risks.
Chargebacks will be billed at $9.95 each.
Includes unlimited outbound messages per month. Indian River will work with AUS to provide the updated API for
Paymentus.
Encrypted card readers will be provided at the request of the County for $225.00 each; the first five will be billed
at no charge.
123
CONSENT: December 18, 2018
Of ce of 3q
INDIAN RIVER COUNTY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
1�k 6,I 1 ��
TO: The Board of County Commissioners
ATTORNEY
FROM: William K. DeBraal - Deputy County Attorney t)pp-- DATE: December 10, 2018
SUBJECT: The Reserve At Grand Harbor PD Phase 1, Plat 33
Request for 2 -Year Extension to Final Lift of Asphalt Contract
Developer: GH Vero Beach Development LLC
In 2016, GH Vero Beach Development LLC, the developer of The Reserve At Grand Harbor
PD Phase 1, Plat 33, entered into a Contract for Construction for Final Lift of Asphalt,
Contract No. PD -13 -10 -03 -FLA (2001020101-77703), posted the required security in the form
of cash in the amount of $212,131.88, and entered into a Cash Deposit and Escrow Agreement
for Final Lift of Asphalt to guarantee completion of the final lift of asphalt. The developer,
has requested an extension to this contract as the project has not yet been completed.
Section 913.10(1)(E) of the County Code states that for good cause shown the Board may in
its discretion grant one or more extensions of time for performance of any contract for
construction of required improvements provided the security supporting such contract remains
valid for the required period following the newly extended time for performance.
Staff has no objection to a 2 -year extension. Additionally, the developer has paid the required
$660 extension request fee; and has provided its engineer's updated certified cost estimate,
which County engineering has approved. It is noted that the approved amount has not
changed from the approved initial cost estimate.
FUNDING:
There is no cost to be borne by Indian River County with respect to this item.
124
RECOMMENDATION:
Approve the attached Modification to Contract for Construction for Final Lift of Asphalt,
Contract No. PD -13 -10 -03 -FLA (2001020101-77703) to extend the completion date to
December 16, 2020, and authorize the Chairman to execute same. It is also noted that the
supporting security in the form of $212,131.88 cash .would remain in escrow_ and .continue to
be subject to the terms and conditions of both the Contract, as modified, and Cash Deposit and
Escrow Agreement for Final Lift of Asphalt.
nhm
attachments: Letter Request for Extension
Modification to Contract
2 125
GH VERO BEACH DEVELOPMENT LLC
2231 FALLS CIRCLE
VERo BEACH, FL 32967
nFLEPFIONE (772) 7947827
FAx (772) 794-7810
dfletcher@grandharbor.com
December 6, 2018
VIA HAND DELIVERY
Nancy Mossali
Legal Assistant
Office of County Attorney
Indian River County
180127 1h Street
Vero Beach, FL 32960
Re: The Reserve at Grand Harbor, Plat 33
Final Lift Bond Extension Request
Dear Nancy,
°EC .o s 20,E
aFF;C 0RNEY,S
Please find this letter as our request an Extension for the Final Lift Bond for the Reserve
at Grand Harbor, Plat 33, as the project has not been completed.
Enclosed is our check in the amount of $660.00 along with a copy of the original updated
certified cost estimate delivered to Dan Wittenberg at Indian River County Public Works
Department.
Please let me know if you need any additional information.
Thank you.
Sincerely yours,
Debbi Fletcher
Administrative Assistant
/dlf
Enclosures
126
The Reserve At Grand Harbor PD Phase 1, Plat 33
MODIFICATION TO
CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT
CONTRACT NO. PD -13 -10 -03 -FLA (2001020101-77703)
THIS MODIFICATION, made and entered into this day of
December, 2018, by and between GH VERO BEACH DEVELOPMENT LLC, a
Delaware limited liability company, hereinafter referred to as "Developer', and
INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and
through its Board of County Commissioners, hereinafter referred to as "County".
WITNESSETH:
WHEREAS, Developer entered into a Contract for Construction for Final
Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703)
guaranteeing the installation of the final lift of asphalt the earlier of 2 years from
the project's projected Certificate of Completion (December 16, 2016) or 60 days
prior to turnover to homeowner association or prior to certificate of occupancy for
the last residence in this phase of the subdivision; and the Developer posted
cash in the amount of $212,131.88 as security to guarantee completion and
entered into a Cash Deposit and Escrow Agreement For Final Lift of Asphalt;
and
WHEREAS, the developer has
1. requested an additional 2 -year extension to December 16, 2020 to
install the final lift of asphalt, as allowed by code;
2. provided an updated certified cost estimate attached as Exhibit "A"
which amount has been approved by County engineering and did
not change from the initial cost estimate; and
3. paid the required $660.00 extension fee request to County.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as
follows:
1. The date for completion of the final lift of asphalt as outlined in the
Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -10 -03 -FLA
(2001020101-77703) is extended to December 16, 2020.
127
2. The $212,131.88 shall continue to be held in escrow for the
guaranty for the final lift of asphalt and represents 125% of the cost of the final
lift of asphalt to be completed as evidenced by developer's engineer's updated
certified cost estimate as approved by County engineering, attached as Exhibit
"A"
3. The extension fee in the amount of $660.00 established by
Resolution No. 2005-041 and pursuant to Section 913.10(1)(G), of the Indian
River County Code has been paid.
4. All other terms set out in the Contract for Construction for Final Lift
of Asphalt, Contract No. PD -13 -10 -03 -FLA (2001020101-77703) remain in full
force and effect as well as the Cash Deposit and Escrow Agreement For Final
Lift of Asphalt.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the day and year first above written.
GH VERO BEACH DEVELOPMENT
LLC, a Delaware limited liability
company DEVELOPER
22
printed name:
Authorized Signatory
INDIAN RIVER COUNTY, FLORIDA
by and through its Board of County
Commissioners COUNTY
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller By:
Bob Solari, Chairman
By:
Deputy Clerk BCC approved:
APPROVED AS TO FORM
A D L AL OFg1lCY
B
WILLIAMM K. 9EBRAAL
9PUTY4OUNiYAT ��NIsy
2
128
EXHIBIT "A"
MASTELLER & MOLER. INC.
M ^- CIVIL ENGINEERS —
RESERVE AT GRAND HARBOR (PHASE 1)
CERTIFIED COST ESTIMATE
FINAL LIFT ASPHALT
12/5/2018
Description
Quantity
Unit
Unit Price
TOTAL
Mobilization
1
LS
$3_,500.00
$3,500.00
1.0" SP 9.5 - 2nd Lift (Grand Harbor Reserve Sq.)
3,321
SY
$9.00
$29,889.00
Mill Existing Asphalt (1.5")
9,579
SY
$3.00
$28,737.00
Overlay w/ 1.5" SP 9.5 Asphalt
9,579
SY
$10.50
$100,579.50
Restdpe Pavement
1
LS
$4,000.00
$4,000.00
Reset PCP's
1
LS
$3,000.00
$3,000.00
TOTAL
$169,705.50
Surety Amount 125% $212,131.88
CERTIFICATE OF COST ESTIMATE &W';-
1,
NGI, Stephen E. Moler, a Florida registered engineering, License No. 33193, do hereby certify to Indian River County that this
cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the
total cost estimate is true and accurate to the best of my knowledge. This estimate has been prepared, in part, to induce
approval by the County of a final plat for the Reserve at Grand Harbor Phase 1 project, and for the purpose of establishing
proper surety amounts associated therewith.
QN� N f . 2i�'`'�-
y,`�.�`�NSF :Old,,
���3193 .'�op:
Stephen E. Moler, F.L
Vice President '•;�,c�;'C.ORID ,4 �c�;<
AL
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Filek1357 1655 27th Street, Suite 2 Page 1 of 1
ADMIN\Construction\Maintenance Bond Estimate Vero Beach, Florida 32960 129
(PerformanceBond FinalUttAsphaR_Extension_18-120.5.xlsx) (772) 567-5300
Consent Agenda
Indian River County
Interoffice Memorandum
Office of Management & Budget
To: Members of the Board of County Commissioners
From: Kristin Daniels
Director, Office of Management & Budget
Date: December 10, 2018
Subject: Miscellaneous Budget Amendment 002
Description and Conditions
1. The Property Appraiser has submitted an approved budget amendment from the Department
of Revenue for FY 18/19. Exhibit "A" appropriates $1,395 from General Fund/Reserve for
Contingency, $196 from Emergency Services/Reserve for Contingency and $29 from
Environmental Land Bond/Reserve for Debt Service.
2. The Indian River Lacrosse Association has requested $15,000 from the County to help pay for
higher than anticipated electric bills at the Dick Bird Park. Exhibit "A' appropriates funding
from General Fund/Reserve for Contingency.
3. On November 20, 2018 at a Special Call Meeting, the Board of County Commissioners
approved funding an additional $1 million to continue Indian River County's litigation against
All Aboard Florida. Exhibit "A" appropriates funding from General Fund/Cash Forward -Oct 1St
4. On October 2, 2018, the Board of County Commissioners approved funding $50,000 for
expenses related to the County filing a notice of intent to affirm the existence of a recreational
customary use on private property. Exhibit "A" appropriates funding from General
Fund/Reserve for Contingency.
5. On December 4, 2018 the Board of County Commissioners approved costs associated with an
Injunction against Dallas Yates, Jane Yates and the Yates Group, LLC in the amount of
$11,000. Exhibit "A" appropriates funding from MSTU/Reserve for Contingency
6. The Engineering Department has had to replace its HP large format scanner. Exhibit "A"
appropriates funding in the amount of $8,999 from Transportation Fund/Reserve for
Contingency.
7. With the FPL purchase of the City of Vero Beach Electric, an optic inventory of the routing for
all the fiber nodes that are in the City of Vero Beach substations will need to be completed.
Both the City of Vero Beach and the School Board will cost share on the work to be
completed. Exhibit "A" appropriates funding in the amount of $25,000 from MSTU/Reserve for
Contingency.
130
Board of County Commissioners
Page 2 of 2
December 10, 2018
8. Ag Extension and Rental Assistance need to renovate their office space in Building B.
Funding for Ag Extension expenses totaling $25,000 will be provided from General
Fund/Reserve for Contingency. Rental Assistance expenses of $50,000 will be provided from
Rental Assistance/Cash Forward- Oct 1 st. Exhibit "A" appropriates the funds.
Staff Recommendation
Staff recommends the Board of County Commissioners approve the budget resolution amending the
fiscal year 2018-2019 budget.
131
RESOLUTION NO. 2018-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE FISCAL YEAR 2018-2019 BUDGET.
WHEREAS, certain appropriation and expenditure amendments to the
adopted Fiscal Year 2018-2019 Budget are to be made by resolution pursuant to
section 129.06(2), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Indian River County
desires to amend the fiscal year 2018-2019 budget, as more specifically set forth
in Exhibit "A" attached hereto and by this reference made a part hereof,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year
2018-2019 Budget be and hereby is amended as set forth in Exhibit "A" upon
adoption of this Resolution.
This Resolution was moved for adoption by Commissioner
, and the motion was seconded by Commissioner ,
and, upon being put to a vote, the vote was as follows:
Chairman Bob Solari
Vice -Chairman Susan Adams
Commissioner Peter D.O'Bryan
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
The Chairman thereupon declared this Resolution duly passed and adopted
this day of , 2018.
Attest: Jeffrey R. Smith
Clerk of Court and Comptroller
Deputy Clerk
INDIAN RIVER COUNTY, FLORIDA
Board of County Commissioners
Bob Solari, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
COUNTY AT NEY
Resolution No. 2018 -
Budget Office Approval:
Kristin Daniels, Budget Director
Exhibit "A"
Budget Amendment: 002
Entry
Number
Fund/ Department/Account Name
Account Number
Increase
Decrease
1.
Expense
General Fund/Budget Transfer -Property Appraiser
00150086-099060
$1,395
$0
General Fund/Reserves/Reserve for Contingency
00119981-099910
$0
$1,395
Emergency Services District/Fire Rescue/Budget Transfer-
Property Appraiser
11412022-099060
$196
$0
Emergency Services/Fire Rescue/Reserve for Contingency
11412022-099910
$0
$196
Env Land Bond/Debt Service/Budget Transfer -Property
Appraiser
24511786-099060
$29
$0
Env Land Bond/Debt Service/Reserve for Debt service
24511786-099920
$0
$29
2.
Expense
General Fund/Parks/Electric Services
00121072-034310
$15,000
$0
General Fund/Reserves/Reserve for Contingency
00119981-099910
$0
$15,000
3.
Revenue
General Fund/Cash Forward -Oct 1st
001039-389040
$1,000,000
$0
Expense
General Fund/County Attorney/Legal Services/All Aboard
Florida
00110214-033110-15023
$1,000,000
$0
4.
Expense
General Fund/County Attorney/Other Professional Services
00110214-033190
$50,000
$0
General Fund/Reserves/Reserve for Contingency
00119981-099910
$0
$50,000
5.
Expense
MSTU/Road & Bridge/Other Contractual Services
00421441-033490
$11,000
$0
MSTU/Reserves/Reserve for Contingency
00419981-099910
$0
$11,000
6.
Expense
Transportation Fund/Engineering/Other Machinery &
Equipment
11124441-066490
$8,999
$0
Transportation Fund/Reserves/Reserve for Contingency
1119981-099910
$0
$8,999
7.
Expense
MSTU/T'elecommunications/Other Professional Services
00423437-033190
$25,000
$0
MSTU/Reserves/Reserve for Contingency
00419981-099910
$0
$25,000
133
Resolution No. 2018 -
Budget Office Approval:
Kristin Daniels, Budget Director
Exhibit "A"
Budget Amendment: 002
Entry
Number
Fund/ Department/Account Name
Account Number
Increase
Decrease
8.
Revenue
Rental Assistance/Cash Forward- Oct 1st
108039-389040
$50,000
$0
Expense
General Fund/Reserves/Reserve for Continency
00119981-099910
$0
$25,000
General Fund/Ag Extension/Office Furniture & Equipment
00121237-066410
$25,000
$0
Rental Assistance/Office Furniture & Equipment
10822264-066410
$50,000
$0
134
CONSENT AGENDA
Indian River County
Inter -Office Memorandum
Office of Management and Budget
TO: Members of the Board of County Commissioners
DATE: December 10, 2018
SUBJECT: Municipal Advisory Agreement — Termination of FirstSouthwest and Request to
Approve Agreement with Masterson Advisors LLC
FROM: Kristin Daniels - Director, Management & Budget
Description and Conditions
On January 9, 2016, the Board of County Commissioners approved an agreement with
FirstSouthwest to provide financial advisory services for the County. This agreement was for an
initial term of five (5) years, with ten (10) one-year renewals. Per Section 6 of the agreement, if
for any reason, personnel assigned is changed or replaced, the County has the right to
immediately terminate the agreement. Because Managing Director Edward D. Stull, Jr. has
moved from FirstSouthwest to Masterson Advisors LLC, it is requested that the current
agreement with FirstSouthwest be terminated, and a new agreement with Masterson Advisors
LLC be awarded. Edward D. Stull, Jr. has provided excellent service in the past including
numerous debt issues. At this time, staff recommends that the Board of County Commissioners
approve a new agreement with Masterson Advisors LLC. Like the prior agreement, the initial
term would be five (5) years, with ten (10) one-year renewals.
Funding
The cost of services under the proposed agreement is unchanged from the prior agreement.
Transaction fees under the agreement are shown in the table below. These costs are typically
paid from the proceeds of the bond issue upon closing of the transaction. The contract also
provides for additional services on an as -needed basis at an hourly rate. It should be noted that
the County has not been charged these fees during the term of the prior agreement.
Debt Transaction Fee
$1.20 per $1,000
for the first
$20,000,000 of debt instruments, plus
$0.75 per $1,000
for amounts
greater than $20,000,000 of debt
instruments
Minimum $15,000 per. transaction
Recommendation
Staff recommends that the Board of County Commissioners terminate the agreement with
FirstSouthwest and approve the agreement with Masterson Advisors LLC.
Attachment
Municipal Advisory Agreement
135
MUNICIPAL ADVISORY AGREEMENT
This Municipal Advisory Agreement (the "Agreement") is made and entered into
by and between Indian River County, Florida (the "Issuer" or the "County') and
Masterson Advisors LLC ("Masterson" or "Contractor") effective as of December 18,
2018.
WITNESSETH:
WHEREAS, the Issuer will have under consideration from time to time the
authorization and issuance of indebtedness in amounts and forms which cannot presently
be determined and, in connection with the authorization, sale, issuance and delivery of
such indebtedness, Issuer desires to retain an independent municipal advisor; and
WHEREAS, the Issuer desires to obtain the professional services of Masterson to
advise the Issuer regarding the issuance and sale of certain evidences of indebtedness
or debt obligations that may be authorized and issued or otherwise created or assumed
by the Issuer (hereinafter referred to collectively as the "Debt Instruments") from time to
time during the period in which this Agreement shall be effective; and
WHEREAS, Masterson is willing to provide its professional services and its
facilities as a municipal advisor in connection with all programs of financing as may
be considered and authorized by Issuer during the period in which this Agreement shall
be effective.
NOW, THEREFORE, the Issuer and Masterson, in consideration of the mutual
covenants and agreements herein contained and other good and valuable consideration,
dohereby agree as follows:
Section 1. Description of Services. Upon the request of an authorized representative
of the Issuer, Masterson agrees to perform the municipal advisory services stated in the
following provisions of this Section I; and for having rendered such services, the Issuer
agrees to pay to Masterson the compensation as provided in Section 5 hereof.
A. Financial Planning. At the direction of Issuer, Masterson shall:
1. Survey and Analysis. Conduct a survey of the financial resources of the
Issuer to determine the extent of its capacity to authorize, issue and service
any Debt Instruments contemplated. This survey will include an analysis of
any existing debt structure as compared with the existing and projected
sources of revenues which may be pledged to secure payment of debt
service and, where appropriate, will include a study of the trend of the
assessed valuation, taxing power and present and future taxing
136
requirements of the Issuer. In the event revenues of existing or projected
facilities operated by the Issuer are to be pledged to repayment of the
Debt Instruments then under consideration, the survey will take into
account any outstanding indebtedness payable from the revenues
thereof, additional revenues to be available from any proposed rate
increases and additional revenues, as projected by consulting engineers
employed by the Issuer, resulting from improvements to be financed by
the Debt Instruments under consideration.
2. Future Financings. Consider and analyze future financing needs as
projected by the Issuer's staff and consulting engineers or other experts,
if any, employed by the Issuer.
3. Recommendations for Debt Instruments. On the basis of the
information developed by the survey described above, and other
information and experience available, submit to the Issuer
recommendations regarding the Debt Instruments under consideration,
including such elements as the date of issue, interest payment dates,
schedule of principal maturities, options of prior payment, security
provisions, and such other provisions as may be appropriate in order to
make the issue attractive to investors while achieving the objectives of
the Issuer. All recommendations will be consistent with the goal of
designing the Debt Instruments to be sold on terms which are
advantageous to the Issuer, including the lowest interest cost consistent
with all other considerations.
4. Market Information. Advise the Issuer of our interpretation of current
bond market conditions, other related forthcoming bond issues and
general information, with economic data, which might normally be
expected to influence interest rates or bidding conditions so that the date
of sale of the Debt Instruments may be set at a favorable time.
5. Elections. In the event it is necessary to hold an election to authorize the
Debt Instruments then under consideration, Masterson will assist in
coordinating the assembly of such data as may be required for the
preparation of necessary petitions, orders, resolutions, ordinances,
notices and certificates in connection with the election, including
assistance in the transmission of such data to a firm of municipal bond
attorneys ("Bond Counsel") retained by the Issuer.
B. Debt Management and Financial Implementation. At the direction of
Issuer, Masterson shall:
1. Method of Sale. Evaluate the particular financing being contemplated,
137
giving consideration to the complexity, market acceptance, rating, size and
structure in order to make a recommendation as to an appropriate
method of sale, and:
a. If the Debt Instruments are to be sold by an advertised
competitive sale, Mastersonwill:
L Supervise the sale of the Debt Instruments;
ii. Disseminate information to prospective bidders, organize
such informational meetings as may be necessary, and
facilitate prospective . bidders' efforts in making timely
submission of proper bids;
iii. Assist the staff of the Issuer in coordinating the receipt of bids,
the safekeeping of good faith checks and the tabulation and
comparison of submitted bids; and
iv. Advise the Issuer regarding the best bid and provide advice
regarding acceptance or rejection of the bids.
b. If the Debt Instruments are to be sold by negotiated sale,
Masterson will:
L Recommend for Issuer's final approval and acceptance one or
more investment banking firms as managers of an
underwriting syndicate for the purpose of negotiating the
purchase of the Debt Instruments.
ii. Cooperate with and assist any selected managing
underwriter and their counsel in connection with their efforts
to prepare any Official Statement or Offering Memorandum.
Masterson will cooperate with and assist the underwriters in
the preparation of a bond purchase contract, an underwriters
agreement and other related documents. The costs incurred
in such efforts, including the printing of the documents, will be
paid in accordance with the terms of the Issuer's agreement
with the underwriters, but shall not be or
138
become an obligation of Masterson except to the extent
specifically provided otherwise in this Agreement or
assumed in writing by Masterson.
iii. Assist the staff of the Issuer in the safekeeping of any good
faith checks, to the extent there are any such, and provide a
cost comparison, for both expenses and interest which are
suggested by the underwriters, to the then current market.
iv. Advise the Issuer as to the fairness of the price offered by
the underwriters.
2. Offering Documents. Coordinate the preparation of the notice of sale and
bidding instructions, official statement, official bid form and such other
documents as may be required and submit all such documents to the Issuer
for examination, approval and certification. After such examination, approval
and certification Masterson shall provide the Issuer with a supply of all
such documents sufficient to its needs and distribute by mail or, where
appropriate, by electronic delivery, sets of the same to prospective
purchasers of the Debt Instruments. Also, Masterson shall provide copies
of the final Official Statement to the purchaser of the Debt Instruments in
accordance with the Notice of Sale and Bidding Instructions.
3. Credit Ratings. Make recommendations to the Issuer as to the advisability
of obtaining a credit rating, or ratings, for the Debt Instruments and, when
directed by the Issuer, coordinate the preparation of such information as
may be appropriate for submission to the rating agency, or agencies. In those
cases where the advisability of personal presentation of information to the
rating agency, or agencies, may be indicated, Masterson will arrange for such
personal presentations, utilizing such composition of representatives from
the Issuer as may be finally approved or directed by the Issuer.
4. Trustee, Paying Agent, Registrar. Upon request, counsel with the Issuer
in the selection of a Trustee and/or Paying Agent/Registrar for the Debt
Instruments and assist in the negotiation of agreements pertinent to these
services and the fees incident thereto.
5. Financial Publications. When appropriate, advise financial publications of
the forthcoming sale of the Debt Instruments and provide them with all
pertinent information.
139
6. Consultants. After consulting with and receiving directions from the Issuer,
arrange for such reports and opinions of recognized independent
consultants as may be appropriate for the successful marketing of the Debt
Instruments.
7. Auditors. In the event formal verification by an independent auditor of any
calculations incident to the Debt Instruments is required, make
arrangements for such services.
8. Issuer Meetings. Attend meetings of the governing body of the Issuer, its
staff, representatives or committees as requested at all times when
Masterson may be of assistance or service and the subject of financing
is to be discussed.
9. Printing. To the extent authorized by the Issuer, coordinate all work incident
to printing of the offering documents and the Debt Instruments.
10. Bond Counsel. Maintain liaison with Bond Counsel in the preparation of
all legal documents pertaining to the authorization, sale and issuance of
the Debt Instruments.
11.Changes in Laws. Provide to the Issuer copies of proposed or enacted
changes in federal and state laws, rules and regulations having, or expected
to have, a significant effect on the municipal bond market of which Masterson
becomes aware in the ordinary course of its business, it being understood
that Masterson does not and may not act as an attorney for, or provide legal
advice or services to, the Issuer.
12. Delivery of Debt Instruments. As soon as a bid forthe Debt Instruments
is accepted by the Issuer, coordinate the efforts of all concerned to the
end that the Debt Instruments may be delivered and paid for as
expeditiously as possible and assist the Issuer in the preparation or
verification of final closing figures incident to the delivery of the Debt
Instruments.
13. Debt Service Schedule; Authorizing Resolution. After the closing of
the sale and delivery of the Debt Instruments, deliver to the Issuer a
schedule of annual debt service requirements for the Debt Instruments
and, in coordination with Bond Counsel, assure that the paying
agent/registrar and/or trustee has been provided with a copy of the
authorizing ordinance, order orresolution.
140
Section 2. Other Available Services. In addition to the services set forth and
described in Section I herein above, Masterson agrees to make available to Issuer the
following services, when so requested by the Issuer and subject to the agreement by
Issuer and Masterson regarding the compensation, if any, to be paid for such
services, it being understood and agreed that the services set forth in this Section II
shall require further agreement as to the compensation to be received by Masterson
for such services:
A. Exercising Calls and Refunding. Provide advice and assistance with regard to
exercising any call and/or refunding of any outstanding Debt Instruments.
B. Capital Improvements Programs. Provide advice and assistance in the
development of any capital improvements programs of the Issuer.
C. Long -Range Planning. Provide advice and assistance in the development of
other long-range financing plans of the Issuer.
D. Post -Sale Services. Subsequent to the sale and delivery of Debt Instruments,
review the transaction and transaction documentation with legal counsel for the
Issuer, Bond Counsel, auditors and other experts and consultants retained by the
Issuer and assist in developing appropriate responses to legal processes, audit
procedures, inquiries, internal reviews and similar matters.
Section 3. Term of Agreement. This Agreement shall become effective as of December
18, 2018 and, unless sooner terminated by either party pursuant to the terms of this
Agreement, shall remain in effect thereafter for a period of five (5) years from such date.
Unless Masterson or the Issuer shall notify the other party in writing at least forty-five (45)
days in advance of the applicable anniversary date that this Agreement will not be
renewed, this Agreement will be automatically renewed on the fifth anniversary of the
date hereof for an additional one (1) year period, and thereafter will be automatically
renewed on each anniversary date for successive one (1) year periods, for a maximum
term, including all renewals, of ten (10) years.
Section 4. Termination. This Agreement may be terminated with or without cause by
the Issuer or Masterson upon the giving of at least forty-five (45) days prior written notice
to the other party of its intention to terminate, specifying in such notice the effective date
of such termination. In the event of such termination, it is understood and agreed that
only the amounts due Masterson for services provided and expenses incurred to the date
of termination will be due and payable. No penalty will be assessed for termination of this
Agreement
TERMINIATION IN REGARDS TO F.S. 287.135: Contractor certifies that it and those
related entities of respondent as defined by Florida law are not on the Scrutinized
Companies that Boycott Israel List, 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 more, Contractor certifies that it and those
141
related entities of respondent as defined above by 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 Contractor is found to have submitted
a false certification as provided under section 287.135(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 Contractor, 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 215.4725,
Florida Statutes.
Section 5. Compensation and Expense Reimbursement. The fees due to
Masterson for the services set forth and described in Section I of this Agreement with
respect to each issuance of Debt Instruments during the term of this Agreement shall
be calculated in accordance with the schedule set forth on Appendix A attached
hereto. Unless specifically provided otherwise on Appendix A or in a separate written
agreement between Issuer and Masterson such fees, together with any other fees as
may have been mutually agreed upon and all expenses forwhich Masterson is entitled
to reimbursement, shall become due and payable concurrently with the delivery of the
Debt Instruments to the purchaser.
Section 6. Personnel. Edward D. Stull, Jr., Managing Director, will be assigned to work
with County as Municipal advisor. If, for any reason, personnel assigned is changed or
replaced, the County has the right to immediately terminate this Agreement. The County
has the right to approve, disapprove, or request, for any reason, Masterson to replace any
personnel assigned by Masterson to the account. Should the County make such a
request, Masterson shall promptly suggest a substitute until a satisfactory substitute is
selected.
Section 7. Indemnification. To the fullest extent permitted by law, Masterson shall
indemnify and hold harmless the County, its commissioners, officers, and employees
from liabilities, damages, losses and costs including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful conduct of Masterson and other persons employed or utilized by Masterson
in the performance of this Agreement.
Section 8. Insurance. Masterson shall not commence to perform the Services or
Additional Services under this Agreement until it has obtained all of the insurance
142
required under this Agreement and such certificatesof insurance have been approved
by the County's Risk Manager. A certificate of insurance shall be provided to the
County's Risk Manager for review and approval ten days priorto commencement of any
work under this Agreement. The insurance company musthave a rating by AM. Best
Company of at least A: V. Such certificates of insurance or an endorsement provided
by Masterson must state that the County will be given thirty days' prior written notice
prior to cancellation or material change in coverage The County shall be named as an
additional insured on all policies except workers' compensation and professional liability.
Masterson shall procure and maintain, for the duration of this Agreement, the minimum
insurance coverage as set forth herein, and the cost of such insurance shall be
included in Masterson fee.
A. Workers Compensation and Employers Liability: Workers Compensation
Limits as required by the State of Florida and employers Liability limits of
$500,000.00 disease (policy limit) and $100,000 disease (each employee).
B. Commercial General Liability: Minimum combined single limit of $500,000
per occurrence for bodily injury and property damage. This is to include
premises/operations, products/completed operations, contractual liability and
independent contractors' coverage.
C. Business Auto Liability: Minimum combined single limit of $500,000 per
occurrence for bodily injury and property damage. This is to include owned, hired,
and non-ownedautos.
D. Professional liability: Minimum limit of $1,000,000 per occurrence.
The County, through its Risk Manager, reserves the right to periodically review any and
all policies of insurance and reasonably adjust the limits of coverage required
hereunder, from time to time throughout the term of this Agreement. In such event, the
County shall provide Masterson with separate written notice of such adjusted limits and
Masterson shall comply within thirty days of receipt thereof. The failure of Masterson
to provide such additional coverage shall constitute a default by Masterson and shall
be grounds for termination ofthisAgreement bythe County.
Section 9. Miscellaneous.
A. Background Recitals. The Background recitals are true and correct and form a
material part of this Agreement
B. County Designee. The County Administrator is hereby designed as the
representative of the County. All work performed by Masterson pursuantto this
Agreement shall be by the direction of the County acting through the County
Administrator or his or her designee.
C. Independent Contractor. It is specifically acknowledged and agreed by the
parties hereto that Masterson is and shall be, in the performance of all
Services and activities under this Agreement, an independent contractor, and
143
not an employee, agent or servant of the County. All persons engaged in any
of the Services performed pursuant to this Agreement shall at all times, and
in all places, be subject to Masterson's sole discretion, supervision, and
control. Masterson shall exercise control over the means and manner in which
Masterson and its employees perform the Services, and in all respects
Masterson's relationship and the relationship of its employees to the County
shall be that of an independent contractor performing solely under the terms
of the Agreement and not as employees, agents, or servants of the County.
D. Governing Law; Venue; Attorney Fees. This Agreement shall be construed,
governed and interpreted according to the laws of the State of Florida. Venue for
any lawsuit brought by either party against the other party or arising out of this
Agreement shall be in Indian River County, Florida or, in the event of federal
jurisdiction, in the United States District Court for the Southern District of Florida.
Each party shall bear its own attorney fees in any dispute arising under this
Agreement
E.Remedies; No Waiver. All remedies provided in this Agreement shall be
deemed cumulative and additional, and not in lieu or exclusive of each other
or of any other remedy available to either party, at law, or in equity. Each right,
power, remedy of the parties provided in this Agreement shall be cumulative
and concurrent and shall be in addition to every other right, power or remedy
provided for in this Agreement or now or hereafter existing at law or in equity
or by statute or otherwise. The failure of either party to enforce any provision of
this Agreement, or the waiver thereof, in any specific instance by either party
shall not be construed as a general waiver or relinquishment on its part of
such provision in any other instance, and such provision shall nevertheless
remain in full force andeffect.
F. Severability. If any term or provision of this Agreement, or the application thereof
to any person or circumstance shall, to any extent, be held invalid or unenforceable
for the remainder of this Agreement, then the application of such term or provision
to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
G. Availability of Funds. The obligations of the County under this Agreement
are subject to the availability of funds lawfully appropriated for its purpose by
the Board of County Commissioners of Indian River County.
H. No Pledge of Credit. Masterson shall not pledge the County's credit or make
it a guarantor of payment or surety for any contract, debt, obligation, judgment,
lien or any form of indebtedness.
144
I. Public Records Compliance.
a. Indian River County is a public agency subject to Chapter 119, Florida
Statutes. Masterson shall comply with Florida's Public Records Law.
Specifically, Masterson shall:
i. Keep and maintain public records that ordinarily and necessarily
would be required by the County in order to perform the service.
ii. Upon request from the County's Custodian of Public Records,
provide the County with a copy of the requested records or allow
the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in Chapter
119 or as otherwise provided by law.
iii. 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.
iv. Upon completion of the contract, transfer, at no cost, to the County all
public records in possession of the Contractor or keep and maintain
public records required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion
of the contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public
records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the
County, upon request from the Custodian of Public Records, in a
format that is compatible with the information technology systems of
the County.
b. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
145
c. Failure of Masterson to comply with these requirements shall be a
material breach of this Agreement.
J. Notices. Any notice, request, demand, consent, approval, or other
communication required or permitted by this Agreement shall be given or
made in writing and shall be served, as elected by the party giving such notice,
by any of the following methods: (a) Hand delivery to the other party; (b)
Delivery by commercial overnight courier service; or (c) Mailed by registered
or certified mail (postage prepaid), return receipt requested at the addresses
of the parties shown below:
If to County:
If to Masterson:
County Administrator
Indian River County
1801 27th Street
Vero Beach, Florida 32960
Edward D. Stull, Jr.
Managing Director
Masterson Advisors, LLC
5323 Millenia Lakes Blvd, Suite 300
Orlando, FL 32839
Notices shall be effective when received at the address as specified above.
Either party may change its address, for purposes of this section, by written
notice to the other party given in accordance with the provisions of this section.
146
K. Survival. Except as otherwise expressly provided herein, each obligation in
this Agreement to be performed by Masterson shall survive the termination or
expiration of this Agreement.
L. Construction/Interpretation of Agreement. Each party has participated
equally in the negotiation and drafting of this Agreement. In the event that an
arbitration panel or court is required to interpret any provision of this Agreement,
the provision shall not be interpreted for or against either party upon the basis
that such party was or was not the preparer of this Agreement.
M. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's
sovereign immunity.
N. No Third -Party Beneficiaries. Except as otherwise expressly provided herein,
this Agreement is solely for the benefit of the named parties, and no
enforceable right or cause of action shall accrue hereunder to or for the benefit
of any entity or individual not a named party hereto.
O. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original and all which together will constitute
one and the same instrument.
P. Entire Agreement; Amendments. This Agreement constitutes the entire
agreement between the parties and supersedes all previous discussions,
understandings, and agreements between the parties relating to the subject
matter of this Agreement. Amendments to and waivers of the provisions of this
Agreement shall be made by the parties only in writing by written amendment
or other appropriate written document.
147
IN WITNESS THEREOF, Issuer and Masterson have caused this Agreement to be
executed in their respective names as of the date entered below.
ATTEST: Jeffrey R. Smith, Clerk' BOARD OF COUNTY COMMISSIONERS,
of INDIAN RIVER COUNTY ("Indian River
Court and Comptroller County")
in
(Affix Seal)
Approved:
M
Jason E. Brown
County Administrator
IN
Bob Solari, Chairman
Approved by BCC:
Approved as to form and legal sufficiency:
Dylan Reingold
County Attorney
MASTERSON ADVISORS, LLC
in
Edward D. Stull, Jr.
Managing Director
148
APPENDIX A
The fees due Masterson for the services set forth and described in this Agreement with
respect to each issuance of Debt Instruments during the term of the Agreement shall be
calculated in accordance with the schedules set forth below.
A. With respect to compensation on a time and expenses basis, for non -bond related
services, Masterson's hourly fee schedule, excluding out-of-pocket expenses, is as
follows:
Position
Rate per Hour
Managing Director/Director:
$175/hr.
Vice President:
$120/hr.
Assistant Vice President:
$120/hr.
Analyst/Associate:
$120/hr.
Administrative:
$ 40/hr.
B. The fees due the Masterson for the services with respect to each issuance of Debt
Instruments (bonds, bank loans, etc.) during the term of this Agreement shall be calculated
in accordance with the schedule set forth below. Unless specifically provided otherwise
herein or in a separate written agreement between the Issuer and Masterson, such fees,
together with any other fees and may have been mutually agreed upon and all expenses,
for which Masterson is entitled to reimbursement, shall become due and payable
concurrently with the delivery of the Debt Instruments to the purchaser.
Debt Transaction Fee
$1.20 per$1,000 for the first $20,000,000 of debt instruments, plus
$0.75 per $1,000 for amounts greater than $20,000,000 of debt instruments
Minimum $15,000 pertransaction
C. The County shall be responsible for typical transaction related expenses, if and when
applicable, whether they are charges directly to the County as expenses or charged to the
County by Masterson as reimbursable expenses. The payment of reimbursable expenses
that Masterson has assumed on behalf of the County shall NOT be contingent upon the
delivery of bonds and shall be due at the time that services are rendered and payable
upon receipt of an invoice submitted by Masterson. Proposed charges may include items
as listed below.
- Travel, lodging and meals, provided travel occurs in coach
- Courier services, facsimile, and photocopies
- Conference call charges
- Third party expenses, such as advertising, incurred on behalf of the County
D. Fees for ancillary services including continuing disclosure, arbitrage rebate, asset
management, structured products, pension and OPEB trusts, and non-traditional services
will be based on a mutual agreed upon fee.
149
DISCLOSURE STATEMENT OF MUNICIPAL ADVISOR
This Disclosure Statement is provided by MASTERSON ADVISORS LLC (the "Municipal
Advisor") to you (the "Client') in connection with our current municipal advisory agreement, (the
"Agreement'). This Disclosure Statement provides information regarding conflicts of interest and
legal or disciplinary events of Municipal Advisor that are required to be disclosed to Client pursuant
to MSRB Rule G- 42(b) and (c)(ii).
PART A - Disclosures of Conflicts of Interest
MSRB Rule G-42 requires that municipal advisors provide to their clients disclosures relating to any
actual or potential material conflicts of interest, including certain categories of potential conflicts of
interest identified in Rule G-42, if applicable.
Material Conflicts of Interest — Municipal Advisor makes the disclosures set forth below with
respect to material conflicts of interest in connection with the Scope of Services under the Agreement
with the Municipal Advisor together with explanations of how the Firm addresses or intends to
manage or mitigate each conflict.
General Mitigations - As general mitigations of the Municipal Advisor conflicts, with respect to all
of the conflicts disclosed below, Municipal Advisor mitigates such conflicts through its adherence to
its fiduciary duty to Client, which includes a duty of loyalty to Client in performing all municipal
advisory activities for Client. This duty of loyalty obligates the Municipal Advisor to deal honestly and
with the utmost good faith with Client and to act in Client's best interests without regard to the
Municipal Advisor's financial or other interests. The disclosures below describe, as applicable, any
additional mitigations that may be relevant with respect to any specific conflict disclosed below.
I. Other Municipal Advisor Relationships. Municipal Advisor serves a wide variety of other
clients that may from time to time have interests that could have a direct or indirect impact
on the interests of Client. For example, Municipal Advisor serves as municipal advisor to
other municipal advisory clients and, in such cases, owes a regulatory duty to such other
clients just as it does to Client. These other clients may, from time to time and depending on
the specific circumstances, have competing interests, such as accessing the new issue
market with the most advantageous timing and with limited competition at the time of the
offering. In acting in the interests of its various clients, Municipal Advisor could potentially
face a conflict of interest arising from these competing client interests. None of these other
engagements or relationships would impair Municipal Advisor's ability to fulfill its regulatory
duties to Client.
II. Compensation -Based Conflicts. Fees that are based on the size of the issue are
contingent upon the delivery of the Issue. While this form of compensation is customary in
the municipal securities market, this may present a conflict because it could create an
incentive for the Firm to recommend unnecessary financings or financings that are
disadvantageous to Client, or to advise Client to increase the size of the issue. This conflict
of interest is mitigated by the general mitigations described above.
150
Fees based on a fixed amount are usually based upon an analysis by Client and Municipal Advisor
of, among other things, the expected duration and complexity of the transaction and the Scope of
Services to be performed by Municipal Advisor. This form of compensation presents a potential
conflict of .interest because, if the transaction requires more work than originally contemplated,
Municipal Advisor may suffer a loss. Thus, Municipal Advisor may recommend less time-consuming
alternatives, or fail to do a thorough analysis of alternatives. This conflict of interest is mitigated by
the general mitigations described above.
Hourly fees, if any, are calculated with, the aggregate amount equaling the number of hours worked
by Municipal Advisor personnel times an agreed upon hourly billing rate. This form of compensation
presents a potential conflict of interest if Client and Municipal Advisor do not agree on a reasonable
maximum amount at the outset of the engagement, because the Municipal Advisor does not have a
financial incentive to recommend alternatives that would result in fewer hours worked. This conflict
of interest is mitigated by the general mitigations described above.
PART B - Disclosures of Information Regarding Legal Events and Disciplinary History
MSRB Rule G-42 requires that municipal advisors provide to their clients certain disclosures of legal
or disciplinary events material to its client's evaluation of the municipal advisor or the integrity of the
municipal advisor's management or advisory personnel.
Accordingly, Municipal Advisor sets out below required disclosures and related information in
connection with such disclosures.
Material Legal or Disciplinary Event. There are no legal or disciplinary events that are
material to Client's evaluation of Municipal Advisor or the integrity of Municipal Advisor's
management or advisory personnel disclosed, or that should be disclosed, on any Form MA
or Form MA -1 filed with the SEC.
II. How to Access Form MA and Form MA -1 Filings. Municipal Advisor's most recent Form
MA and each most recent Form MA -1 filed with the SEC are available on the SEC's EDGAR
system at the following website,
www.sec.gov/edgar/searchedgar/companysearch.htm1. For purposes of accessing
reports, Municipal Advisor's CIK number is 0001733756 and SEC number is 867-02338.
PART C - Future Supplemental Disclosures
As required by MSRB Rule G-42, this Municipal Advisor Disclosure Statement may be
supplemented or amended, from time to time as needed, to reflect changed circumstances resulting
in new conflicts of interest or changes in the conflicts of interest described above, or to provide
updated information with regard to any legal or disciplinary events of the Municipal Advisor. The
Municipal Advisor will provide Client with any such supplement or amendment as it becomes
available throughout the term of the Agreement.
151
Municipal Securities Rulemakina Board Rule G-10 Disclosure
Pursuant to Municipal Securities Rulemaking Board Rule G-10, on Investor and Municipal Advisory
Client Education and Protection, Municipal Advisors are required to provide certain written
information to their municipal entity and obligated person clients which include the following:
• Masterson Advisors LLC is currently registered as a Municipal Advisor with the U.S. Securities
and Exchange Commission and the Municipal Securities Rulemaking Board.
• Within the Municipal Securities Rulemaking Board ("MSRB") website at www.msrb.org, County
may obtain the Municipal Advisory client brochure that is posted on the MSRB website. The
brochure describes the protections that may be provided by the MSRB Rules along with how to
file a complaint with financial regulatory authorities.
152
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH:
Kristin Daniels, Budget Director
FROM:
Basil Dancy, Computer Services Manager
SUBJECT:
Closed Captioning Equipment
DATE:
December 4, 2018
DESCRIPTION AND CONDITIONS
The Indian River County Board of County Commissioners, in an effort to increase the services
offered to all of the citizens of the county, has begun an initiative to procure closed captioning
equipment to offer this service to the hearing impaired. The IT staff has reached out to several
of the surrounding counties and municipalities to investigate what equipment/services are in
use. We have found multiple methods in use.
Some municipalities are using a closed captioning service where an audio feed is provided to
a closed captioning provider and a technician transcribes what is heard into readable text
which is then reinserted into the video feed with an encoding device. Others use a speech
recognition server that does the transcription which is then reinserted using an encoding
device. Through our investigation, both methods produce a comparable level of accuracy in
the 95% range.
The closed captioning provider service ranges from $140/hour and up for live video and
$240/hour and up for prerecorded/archive videos. The speech recognition server solution
comes in at a cost of $43,600 for the live video set and $63,250 for the archive video set which
can act as a standby/backup device for the live feed when not in use for the conversion of the
archive video.
The video recordings for the 2017 calendar year (including subsidiary boards and committees)
totaled slightly over 175 hours, which, with just the live service cost would add up to $24,500
annually. The annual archive of historical videos averages 150+ hours of video per year at a
cost of $36,000+ per year of archive conversion cost for a total proposed cost of $432,000. We
currently have 12 years of archive video available. Due to the estimated expenses of
captioning live video and the quantity of archive videos, staff believes the speech recognition
server solution is the best option.
The selected equipment comes with an initial year of warranty/support. Beyond that time
frame there would be an ongoing support cost of $12,000/year to be budgeted.
151
Page 2
Upon review of the quotes received Encore Broadcast Solution has the lowest cost for the
proposed hardware. We have requested they include an option for the cost of installation as
they are the contractor most familiar with our existing Audio/Visual equipment.
No current State or Municipal contracts have been identified that are appropriate for our
purposes. Staff has received several quotes from different vendors for the equipment that is
in use in many of the municipalities in Florida that offer similar services. It is requested that
the Board waive the bid requirement due to time constraints and authorize the immediate
purchase and installation of the equipment referenced on the included quotes.
FUNDING
The cost of the equipment is $107,070 with an additional charge of $2,300 for installation and
training. Funding for the equipment will be provided via budget amendment from Optional
Sales Tax/Cash Forward Oct 1St, while the installation and training will come from the
Information Technology/Computer Services/Other Professional Services account.
Fund Name
Department Name
Account Number
Expense
Optional Sales Tax
Fund
Computer Services
31524113-066490
$107,070
Information
Technology
Computer Services
50524113-033190
$2,300
Total
$109,370
RECOMMENDATION
Staff recommends that the Board of County Commissioners waive the bid requirements and
authorize the Purchasing Division to issue a Purchase Order for the referenced equipment
from the selected vendor Encore Broadcast Solutions.
ATTACHMENTS
1. Encore Broadcast Solution Quote
2. Municipal Broadcasting Quote
3. Castus Quote
APPROVED AGENDA ITEM
FOR December 18, 2018
154
1110 Douglas Avenue, Suite 1001
ENCOREAltamonte Springs, FL 32714
`` P: (407) 327-9006 F: (407) 327-2202
BROADCASTSOLUTIONS www.encorebroadcast.com
QUOTE 749C_
DATE:
12/07/2018
Indian River County Finance Dept.
Total
1
COMPANY: Accounts Payable
ACE -2200 with SCE -492 Closed Caption Encoder Bundle.
Include 1 Year ACE warranty coverage, training
63,250.00
180127th Street
SALES PERSON:
David W. Quinn
Building A
_
43,600.00
2,300.00_
43,600.00
` 2,300.00 __
Vero Beach, FL 32960
DELIVERY:
UPS
ATTENTION: Basil Dancy
VALID UNTIL
2/07/19
PHONE: 772.226.1416 x416
TERMS:
Net 30
EMAIL: finance@ircgov.com
Qty
Item
Description
Cost
Total
1
Link ACE -2200/492
_
ACE -2200 with SCE -492 Closed Caption Encoder Bundle.
Include 1 Year ACE warranty coverage, training
63,250.00
63,250.00
1
1
Link ACE -2000/492
ENGINEERING -INSTALLATION
ACE -2000 withSCE-492 Closed Captioning Encoder _
Bundle. Includes 1 Year ACE warranty,training _
Engineering, Installation, includes install materials
_
43,600.00
2,300.00_
43,600.00
` 2,300.00 __
1
_
Shipping & Handling _ _
Shipping & Handling________
1
220.00
220.00
_
TERMS:
Total $109,370.00
* Quoted price does not include applicable Sales Tax or shipping and handling unless indicated above.
s Shipping is FOB Origin - Pre Paid and added to invoice unless indicated above.
I have read and accept, by my signature, the terms of this ProForma Invoice which govern the sale of products of services to me or, if a
corporation, by me as a duly authorized representative of said corporation. When sent by facsimile or email, I agree that my signature shall be
conclusive evidence of the Buyer's acceptance of these terms.
ACCEPTED AND AGREED BY:
PRINT NAME:
SIGNATURE:
DATE:
TITLE:
BILL TO
Indian River County BCC
Basil Dancy
BDancy@ircgov.com
ACE -2000/492 Bundle
ACE -2000 with SCE -492 Closed Caption Encoder
Bundle
ACE 2200/492 Bundle
ACE -2200 with SCE -492 Closed Caption Encoder
Bundle
GOV Discount
Municipal Captioning Inc. provides a Local
Government discount which is equal to 5% of the
product MSRP cost. Total on this line item is based
on all above items, and would be adjusted if items
are removed or added.
Shipping
Free Shipping via UPS Ground -- offered as part of
Municipal Captioning Inc.'s local government
discount.
1
1
1
1
QUOTE
Municipal Captioning Inc.
214 Muirfield Ridge Dr
Garner, North Carolina 27529
United States
Phone: 6172451744
Toll free: 8888986864
municipalcaptioning.com
Estimate Number: 1033
Estimate Date: November 27, 2018
Expires On: February 28, 2019
Grand Total (USD): $108,784.50
$46,635.00
$67,875.00
($5,725.50)
$0.00
Total:
Grand Total (USD):
$46,635.00
$67,875.00
($5,725.50)
$0.00
$108,784.50
$108,784.50
Notes
---Link Electronics Service Agreement --
Link Electronics shall maintain and service the preceding list of equipment and keep the equipment in good working order.
156
Pagel of 2 for Quote #1033
QUOTE
Municipal Captioning Inc.
214 Muirfield Ridge Dr
Garner, North Carolina 27529
United States
Phone:6172451744
Toll free: 8888986864
municipalcaptioning.com
Notes
Link Electronics shall provide service during regular business hours with the schedule to be based on the specific needs of the
customer as determined by Link Electronics. In addition, Link Electronics shall provide unscheduled remedial maintenance
("on- call service") as and when needed. Both scheduled and unscheduled service maintenance shall include the following as
deemed necessary by Link Electronics. Hardware maintenance will be performed at the Link Electronics factory. Software and
operating system maintenance will be performed online.
Cost of Service Agreement after the first year (first year of service included in purchase price):
ACE -2000/492 bundle --- $5,000 Per year
ACE -2200/492 bundle --- $7,000 Per year
Service Agreement includes:
• Software version updates
• Firmware updates
• Hardware maintenance and updates; ACE -2000 Series of products and Link Encoder
• Updates to Language Model
• Speaker ID additions or changes and additions as needed
• Telephone technical Support 24/7 X 365 days per year
---------------
Services not included in Service Agreement (unless amended in service contract):
• Other safety tests or installations, whether or not recommended or directed by governmental authorities or by insurance
companies.
• Any replacements with parts of a different design.
• Repairs caused by negligence or misuse of the equipment or any other factor except ordinary wear and tear.
---------------
The Customer will be required to pay for all shipping charges, in the event that the system needs to be shipped to/from the
factory for maintenance or repairs.
157
Page 2 of 2 for Quote #1033
CASTUS
000
Quoted to:
Phone:
Customer:
EmailAddr... :
City, Stat.:
Quoted by:
Hen
Data;
1;1nols
Quot. k:
linkea llon10-1-18hl
TOTAL COST: S 114,760.00
Applicable shipping charges are included in the above total and will be added to your invoice.
This price quote is valid until Dec tat 2018
The information provided herewith is the exclusive property of CASTUS.
Distribution of this material without express written permission Is strictly prohibited.
150
Dylan Reingold County Attorney
William K. DeBraal, Deputy, County Attorney
Kate Pingolt Cotner, Assistant County Attorney
0
Public Hearings - B. CC 12. 1& 18
Office of
INDIAN RIVER COUNTY
ATTORNEY
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney � tl
DATE: December 18, 2018
SUBJECT: Public Hearing and Adoption of Ordinance Establishing Amnesty Program for Certain
Utility Delinquency Charges
Under section 201.08(13) of the Code of Indian River County ("Code"), service availability charges are
imposed on the owner of each water and sewer Equivalent Residential Unit ("ERU") which is reserved
for future use. This charge is necessary to recover to Indian River County the cost of repairing and
maintaining the capacity in the water/sewer system which is reserved for the ERU.
In the 2004-2006 timeframe, several property owners acquired ERUs for planned developments.
However, with the economic slowdown that followed, many of these developments were not built —
leaving the property owner with ongoing service availability charges for each ERU acquired. When
property owners were unable or unwilling to pay these charges, delinquency charges of $2 and 1.5%
interest were imposed monthly, pursuant to section 201.08(J)(4) of the Code. As a result, large amounts
of service availability and delinquency charges are due with respect to several properties in Indian River
County. There have been several limited amnesty periods that have been approved by the Indian River
County Board of County Commissioners ("Board") over the past several years, during which
delinquency charges have been waived if the service availability charges were paid in fwl.
On December 4, 2018, the Board approved the language of the draft 90 -day ERU amnesty ordinance and
directed staff to bring back the proposed ordinance which contains a final amnesty period to a public
hearing on December 18, 2018. As with previous amnesty periods, the Utilities Department will notify
owners of this new amnesty period.
Board of County Commissioners
December 14, 2018
Page 2 of 2
RECOMMENDATION.
The County Attorney recommends that the Chairman open the public hearing, take comments from the
public and then close the public hearing, and that the Board then adopt the attached proposed amnesty
ordinance.
ATTACHMENT{S},
Proposed Ordinance Establishing Amnesty Program for Certain Utility Delinquency Charges
F.IAImrneylLindalGfT 18 C CIApndaMemoAUHftIia (AmextyPrq�) 2018.d-
ORDINANCE NO. 2018 - 026
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.
WHEREAS, sections 201.08(B) and (C) of the Code of Indian River County (the "Code")
requires that service availability charges be imposed -on the owner of each water and sewer
Equivalent Residential Unit ("ERU") which is reserved for future use ("Service Availability
Charges"); and
WHEREAS, section 201.080(4) of the Code provides that the County shall charge
delinquency charges on all outstanding balances, including outstanding balances of Service
Availability Charges; and
WHEREAS, there is currently a significant outstanding balance of Service Availability
Charges upon which delinquency charges are accruing — namely, those which are based upon
ERUs reserved for future use, but for which there has been no past or present use or consumption
of water or sewer services ("Reserved ERU Service Availability Charges"); and
WHEREAS, payment of Reserved ERU Service Availability Charges is important to the
financial well-being of the County's water and sewer system, because such charges reimburse the
County for its expense in maintaining the infrastructure built to provide capacity for reserved
ERUs; and
WHEREAS, the creation of an amnesty program which, for a limited period of time,
waives delinquency charges upon the payment in full of outstanding Reserved ERU Service
Availability Charges will serve the public interest by encouraging the payment of such charges,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. 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 promoting the public health, safety and welfare of the residents of the
county. The Board specifically determines that the enactment of this ordinance is not inconsistent
156 C°
ORDINANCE NO. 2018 -026
with general or special law, and is necessary and appropriate to promote the health, safety and
welfare of the residents of Indian River County.
Section.2. Findings.
The Board finds that the above "Whereas" clauses are true and correct, and hereby
incorporates such clauses as findings of the Board.
Section 3. Amendment of Section 201.08(J)(4) of the Code.
Section 201.08(J)(4) of the Code of Indian River County, Florida, is hereby amended to
read as follows (new language indicated by underline, and deleted language indicated by
stfikethfough):
"(4) Delinquency charge. County shall charge an additional two dollars ($2.00)
plus one and one-half (1 1/2) percent interest monthly (collectively "delinquency
charges") on all outstanding balances including assessments, fees, charges, and
other fees due (collectively "underlying charges") if payment is not made in full by
each payment deadline date; provided, however, that the Utilities Director may
waive some or all delinquency charges in connection with the reactivation of
service of an existing account, where (i) payment in full of all underlying charges
and delinquency charges would work a hardship to the customer, and such waiver
is determined to be in the best interests of the County, and (ii) such waiver results
in the immediate payment in full of all underlying charges and any delinquency
charges which are. not waived.
With respect to service availability charges which (i) are based on the ownership of
one or more ERUs which are reserved for future use but for which there has been
no past or present use or consumption of services, and (ii) are unpaid as of July 24,
241 -5 -December 18, 2018, such delinquency charges shall be waived if the unpaid
service availability charges are paid in full at any time between My 24, 201 -
December 18, 2018 and Ober 31, 29 -5 March 18, 2019. Such waiver shall not
be eligible for those property owners who have received prior waivers under this
section."
Section 4. 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.
2
/.-sb
ORDINANCE NO. 2018 - 026
Section 5. Codification.
It is the intention of the Board of County Commissioners that the provisions 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 6. Effective Date.
This ordinance shall become effective upon enactment 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 6 1 day of
December, 2018, for a public hearing to be held on the 18'h day of.December, 2018, at which time
it was moved for adoption by Commissioner o' Bryan seconded by
Commissioner Fiescher , and adopted by the following vote:
Chairman Bob Solari AYE
Vice Chairman Susan Adams AYE
Commissioner Joseph E. Flescher AYE
Commissioner Tim Zorc AYE
Commissioner Peter D. O'Bryan AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 18`h day of
December, 2018.
ATTEST: Jeffrey R. Smith, Clerk of Court
And Comptroller
�vt1TY Mi"..
BOARD OF COUNTY COMI A 11 RS �01
INDIAN RIVER COUNTY, FI39. D C
By:
Bob Solari, Chairman
Approved as to form and legal sufficiency:
By: V,
Deputy Clerk 2WReingold, County Attorney
EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of
December, 2018.
Coast NewspapersTCPALM
Indian River Press Journal
1802 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared, Natalie Yollar, who on oath says that she is Classified Inside Sales
Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the
attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further
says that the said Indian River Press Journal is a newspaper published In Vero Beach in said Indian River County, Florida, and
that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in
Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication In the said newspaper. The Indian River Press Journal
has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period
of one year next preceding the first publication of the attached copy of advertisement.
Customer Ad Number Copyline Poll
461741- INDIAN RIVER COUNTY ATTORNEY'S OFFICE 2176729 Establishing Amnesty Program
Pub Dates
December 6, 2028
Sworn to and subscribed before me this day of, December 06, 2018, by
Y�M*e- , who Is
Natalie Zoll i`
(X) personally known to me or
( )who has produced ---- -- as identification.
Karol Kangas Notary Public
;iAROlEBANGAi
�'T.., .�� Not+ayPubkc•Aateolftodda
s t' tonaniutontGGt269At
�,.' � fAyCpmm,ixplresJd29,21Ji!
' Thr �rt.H'r' aOtIdOQ�11011�I1ti11I01Iaitilldlf�3p1.
NOTICE OF INTENT
PUBLIC HEARING
t NOTICE IS HEREBY GIVEN that
the Board of County Commis-
sioners of Indian River County,
Florida, will conduct a Public
Hearing to consider adoption
of a proposed ordinance enti-
tled:
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; ESTABLISH-
ING AN AMNESTY PROGRAM
RELATING TO DELINQUENCY
CHARGES ON CERTAIN UTIL-
ITY SERVICE AVAILABILITY
CHARGES; MAKING FINDINGS
AND PROVIDING FOR SEVER-
ABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
The Public Hearing will be held
on Tuesday, December 18,
2018 at 9:05 a.m., or as soon
thereafter as the matter may
be heard, in the County Com-
mission Chambers located on
the first floor of Building A
of the County Administrative
Complex, 1801 27th Street,
Vero Beach, Florida 32960, at
which time interested parties
may be heard with respect to
the proposed ordinance.
The proposed ordinance may
be inspected by the public
during regular business hours
(8:30 a.m. to 5:00 p.m., Monday
(\\\ through Friday) at the Office
of the Clerk to the Board of
County Commissioners locat-
ed on the 2nd floor of Building
A of the County Administrative
Complex, 1801 27th Street,
Vero Beach, Florida.
Anyone who may wish to
appeal any decision which
may be made at this meeting
will need to ensure that a ver-
batim record of the proceed-
ings is made, which includes
testimony and evidence upon
which the appeal is based.
Anyone who needs a special
accommodation for this meet-
ing must contact the County's
Americans With Disabilities
Act (ADA) Coordinator at 772-
226-1223 at least 48 hours in
advance of the meeting.
INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS
BOB SOLARI, CHAIRMAN
Pub Dec, 6th 2018
Tcn2176729
15 g6
90 Day A nes
Amnes
➢ Gives the owner the opportunity to bring their
account current within 90 days
After amnesty period, those who did not bring
account current, or enter settlement agreement and
have excessive accounts receivable balances could
face foreclosure
Amnesty
Top 6% of the past due accounts where impact fees were purchased for a PUD
uestions?
4
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
Office Of
INDIAN
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attome
DATE: December 14, 201 "8
SUBJECT: ERU Ordinance
BACKGROUND.
Public Hearings - B. C C. 12.18.18
RIVER COUNTY
ATTORNEY
On December 4, 2018, the Indian River County Board of County Commissioners (BCC) voted to approve
language for an amendment to section 201.09 of the Indian River County Ordinance Code (Code) to allow
any customer who purchased equivalent residential units (ERUs), who has a current account for such
l . ERUs, and has not connected to the system, to apply to the Indian River County Department of Utility
Services (IRCDUS) for a refund, provided application is made within twenty-four (24) months of the
payment of impact.fees. The reimbursement will be based on the impact fee schedule in effect at the time
of original payment. The BCC will be conducting a public hearing on this ordinance on December 18,
2018.
On.December 4, 2018, the BCC also voted to approve language for another modification to section 201.09
of the Code to allow a customer who has a reserve account that is affiliated with an assessment paid in lieu
of impact fees affiliated with certain voluntary assessments that were adopted by resolution between 1984
and 1989, and the reserve account is current, to apply to IRCDUS for a refund of the amount of the
assessment paid, so long as the property is either undeveloped or located 200 or more feet from an
existing water and/or sewer line, whichever is applicable. This modification will. be heard .as part of the
same ordinance public hearing as referenced above.
The County Attorney's Office has finalized the draft ordinance as directed by the BCC and has noticed a
public hearing on the draft ordinance for December 18, 2018.
FUNDING.
The cost of publication of the required public notice for the public hearing was $130.35. The cost was
funded from the County Attorney's Office budget within the General Fund (account number 00110214-
033190).
FLlito ,yg,rd.%GETAALIBCCL4g,red.M—.TRU(,),&. i NhIm Xea Sd.
158 I�
Board of County Commissioners
December 14, 2018
r Page 2
RECOMMENDATION.
The County Attorney's Office recommends that after the public hearing the Board vote to approve the
draft ordinance.
ATTACHMENT(S).
Draft Ordinance
F.94ttomeyV,ind&IGFAEMLIB C 0.4gendoMe—SIFRU Ordinance Public Heortng doc
ORDINANCE NO. 2018-027
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.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. 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 Indian River County Board of County Commissioners 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 2. Amendment of Section 201.09 (Impact Fees) of Part I (In General) of Chapter
201 (County Water and Sewer Services).
New language indicated by underline, and deleted language indicated by StFikethFOUgh.
Section 201.09 (Impact Fees) of Part I (In General) of Chapter 209 (County Water and Sewer
Services) of the Code of Indian River County, Florida is hereby- amended to read as follows:
CHAPTER 201. COUNTY WATER AND SEWER SERVICES.
PART I. IN GENERAL
Section 201.09. Impact fees.
E. Reduction, refund and relinquishment RefuRd of impact fees. Any
commercial customer whose maximum monthly water use or sewage
flow remains below the amount corresponding to the number of ERUs
assigned to such customer for a period of twenty-four (24) months and
1
/5-6j
ORDINANCE NO. 2018-027
for which impact fees have been paid, may make application to the
department to reduce the number of ERUs assigned and seek
corresponding reimbursement of impact fees paid, as they are resold by
the county. The county may refund impact fees actually paid, without
interest, based on the impact fee schedule in effect at the time of original
payment or at the prevailing rate, whichever is less, provided the
department has resold such ERUs since the impact fee refund
application was made. Subsequent water use or sewage flow in excess
of flows corresponding to customer's number of assigned ERUs will be
subject to the provisions of this chapter.
Any customer who purchased ERUs, and the account for such ERUs is
current, and the customer has not connected to the system may make
application to the department for a refund provided application is made
within twenty-four (24) months of the payment of impact fees.
Reimbursement will be based on the impact fee schedule in effect at the
time of original payment.
Any customer who has a reserve account affiliated with an assessment
paid in lieu of impact fees affiliated with certain voluntary assessments
that were adopted by resolution between 1984 and 1989 and the reserve
account is current, may make application to the department for a refund
of the amount of the assessment paid, so long as the property is either
undeveloped or located 200 or more feet from an existing water and/or
sewer line, whichever is applicable. Refunds will be equated to a per
ERU basis and refunded at the amount actually paid.
Section 3. Codification. It is the intention of the 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 4. 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 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
2
/5(b K
ORDINANCE NO. 2018-027
Section 6. 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 6th day of December,
2018, for a public hearing to be held on the 18th day of December, 2018, at which time it was
moved for adoption by Commissioner O'Bryan seconded by Commissioner
zorc , and adopted by the following vote:
Chairman Bob Solari
AYE
Vice -Chairman Susan Adams
AYE
Commissioner Joseph E. Flescher
AYE
Commissioner Tim Zorc
AYE
Commissioner Peter D. O'Bryan
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 18th day of
December, 2018.
BOARD OF COUNTY COMMI
INDIAN RIVER COUNTY, FLC
By:Zt_-�
Bob Solari, Chairman
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
By: bmja j -_Ht� 019
Deputy Clerk �r
oc
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
December, 2018.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
EY _
DYLAN REIIVGOLD
e eMNTY ATTORNEY
3
day of
a
Treasure Coast Newspapers I TCPALM
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales
Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the
attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further
says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and
that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in
Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal
has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period
of one year next preceding the first publication of the attached copy of advertisement.
Customer Ad Number Cooyline PO #
461741 • INDIAN RIVER COUNTY ATTORNEY'S OFFICE 2176734 Refunds/Water and Sewer impacts
Pub Dates
December 6, 2018
Sworn to and subscribed before me this day of, December 06, 2018, by
who is
Natalie Zoll r•'
(X) personally known to me or
( ) who has produced
as identification.
"" `lo V
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Karol Kangas
Notary Public -State ofNorlda
Notary Public
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KAROLEKANW
Notary Public -State ofNorlda
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NOTICE OF INTENT
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
the Board of County Commis-
sioners of Indian River County,
Florida, will conduct a Public
Hearing to consider adoption
of a proposed ordinance enti-
tled:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING SEC-
TION 201.09 (IMPACT FEES) OF
PART I (IN GENERAL) OF CHAP-
TER 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 CIRCUM-
STANCES; AND PROVIDING
FOR CODIFICATION, SEVER-
ABILITY, REPEAL OF CON-
FLICTING PROVISIONS, AND
AN EFFECTIVE DATE.
The Public Hearing will be held
on Tuesday, December 18,
2018 at 9:05 a.m., or as soon
thereafter as the matter may
be heard, in the County Com-
mission Chambers located on
the first floor of Building A
of the County Administrative
Complex, 1801 27th Street,
Vero Beach, Florida 32960, at
which time interested parties
may be heard with respect to
the proposed ordinance.
The proposed ordinance may
be inspected by the public
during regular business hours
(8:30 a.m. to 5:00 p.m., Monday
through Friday) at the Office
" of the Clerk to the Board of
County Commissioners locat-
ed on the 2nd floor of Building
A of the County Administrative
Complex, 1801 27th Street,
Vero Beach, Florida.
Anyone who may wish to
appeal any decision which
may be made at this meeting
will need to ensure that a ver-
batim record of the proceed-
ings is made, which includes
testimony and evidence upon
which the appeal is based.
Anyone who needs a special
accommodation for this meet-
ing must contact the County's
Americans With Disabilities
Act (ADA) Coordinator at 772-
226-1223 at least 48 hours in
advance of the meeting.
INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS
BOB SOLARI, CHAIRMAN
Pub Dec 6th 2018
TCN2176734
Equivalent Residential
nits (ERUs)
Meeting 12/18/2018
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eclamation
➢ Amend Section 201.09 of the Code to allow the County to reclaim if a
cumulative of 24 months of related service availability fees become
delinquent
➢ Any impact fees paid will be applied to the account balance
➢ Any excess fees after balance cleared will be refunded
➢ Draft Ordinance presented for review
z
➢ Insert language into Section 201.09 of the Code that states:
""[a]ny customer may relinquish any excessive ERUs, or ERUs
that cannot be used, if such ERUs are for capacity reserved
for future use and the account for such ERUs is current.
The customer will not receive any refund."
➢ Allows someone to relinquish ERUs as long as the account is current.
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Relinq uishment
➢ Insert language into Section 201.09 of the Code that states:
""[a]ny customer may relinquish any excessive ERUs, or ERUs
that cannot be used, if such ERUs are for capacity reserved
for future use and the account for such ERUs is current.
The customer will not receive any refund."
➢ Allows someone to relinquish ERUs as long as the account is current.
3
ettlement Agreements
➢ Option 1:
Property owner to pay the County the difference between the value of the
reserved ERUs that are being relinquished and the amount of the outstanding
charges, penalties and interest owed to the County.
➢ Option 2:
• Property owner to pay the County 10% of the outstanding charges, including
penalties and interest, as compensation for a portion of the utility costs
experienced during the period of ownership of the ERUs, through and including
the release of the ERUs
Staff recommends Option 2
4
ecommendation
➢ Authorize staff to come back with an ordinance at a public hearing on
January 8, 2019, which will:
1. Allow for the reclamation of equivalent residential units (ERUs)
2. Allow for the relinquishment of ERUs
3. Provide a method for settlements of delinquent reserve accounts
➢ Approve the form contract for the settlement of delinquent reserve accounts
and decide which payment option to be used.
5
ZsuoijsanZj
1,
Reserves
eeting 12/18/2018
Purchased from 1984 through 1989 during certain voluntary assessments
➢ Property is undeveloped
➢ Property is greater than 200 ft from existing service line
IRV'4'.
As
..x.
Reserves
Voluntarily
Purchased
Purchased from 1984 through 1989 during certain voluntary assessments
➢ Property is undeveloped
➢ Property is greater than 200 ft from existing service line
Fi=
Reserves
Voluntarily
Purchased
��-
4
Dylan Reingold, County Attorney
William IC. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
/o 0,/
PUBLIC NOTICE ITEMS: 12/18/18
LEGISLATIVE
Office of
INDIAN
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold - County Attorney
DATE: December 10, 2018
RIVER COUNTY
RE: Public Notice of Public Hearing Scheduled for January 8, 2019
ATTORNEY
The Board of County Commissioners will hold a Public Hearing on Tuesday, January 8, 2019, 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 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.
The public hearing will be held in the County Commission Chambers located on the first floor of
Building'A of the County Administrative Complex, 180127 1h Street, Vero Beach, Florida 32960.
/nhm
159
AVER
Office of the
z INDIAN RIVER COUNTY
ADMINISTRATOR
Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
MEMORANDUM
TO: Members of the Board of County Commissioners
FROM: Jason E. Brown
County Administrator
DATE: December 10, 2018
SUBJECT: Historic Dodgertown Facility Lease Agreement
In 1948, the Dodgers set up their Spring Training headquarters in Vero Beach for 26 minor
league teams and more than 600 players, and played their first major league exhibition game on
March 31s' 1948. During more than 50 years of Dodger ownership by the O'Malley family,
Dodgertown became synonymous with Major League Baseball's best Spring Training base.
Walter O'Malley built the Stadium which opened in 1953 and was dedicated "to Honor Bud L.
Holman of the Friendly City of Vero Beach." The history of Dodgertown is notable as the first
integrated Spring Training Facility, providing a place for Jackie Robinson to train during his
historic color barrier breaking run. Numerous Dodger Hall of Famers have contributed to the
distinguished history of these hallowed grounds including Jackie Robinson, Pee Wee Reese,
Duke Snider, Roy Campanella, Sandy Koufax, Don Drysdale, Don Sutton, Walter Alston,
Tommy Lasorda, Branch Rickey, Walter O'Malley, Vin Scully, Red Barber and Jaime Jarrin. In
addition, countless Hall of Famers from other Major League teams played Spring Training
games at Holman Stadium. The Dodgers and the New York Mets played the first nationally -
televised Spring Training game here on March 20, 1988. Historic Dodgertown was the home of
Dodger Spring Training for 60 years from 1948 to 2008, and was the starting place for six World
Championships and 14 National League Pennant winning teams.
In 2012, Peter O'Malley started the next chapter in Historic Dodgertown history, when he
formed a partnership and took over management of the property as a multi -sport complex.
Today, the facility has never been more active year-round. The all-inclusive facility gives teams
of all ages the unique opportunity to train, play, dine, and stay together.
Two years ago, Peter O'Malley began laying the groundwork for an agreement between Major
League Baseball (MLB) and Indian River County (County) with the goal of developing a
partnership that will preserve Historic Dodgertown. MLB has the vision and the resources to
make great things happen, and they recognize the rich tradition and history of the facility, and
160
what it has meant to the game of baseball. Their plans will honor, respect, and elevate the
history of Dodgertown. Staff believes that MLB is the best partner to ensure that the next
chapter of Historic Dodgertown is a success.
The existing Facility Lease Agreement between Verotown, LLC (Verotown) and Indian River
County will expire on April 30, 2019. County staff, along with our outside counsel, has worked
with MLB to reach terms of an Amended and Restated Facility Lease Agreement between the
two parties wherein MLB is purchasing the ownership interest in Verotown. The proposed
initial term of this agreement is ten years and eight months with three successive renewal options
of five years each. I am comfortable recommending that the Board approve the amended lease
agreement based on these terms as being in the best interest of the residents of Indian River
County. The agreement represents a partnership where the County and MLB, operating as
Verotown, share in the cost of facility improvements.
In broad summary, the County will be responsible for initial repairs on items consisting mostly
of roof replacements and concession stand replacements/repairs where maintenance had been
deferred during the economic downturn. Verotown will be responsible to make some initial
facility improvements such as an indoor training facility. Additionally, Verotown will make
some facility repairs such as replacing the entire Holman Stadium seating bowl. The County will
reimburse Verotown for 50% of these costs within the limits of the Capital Reserve Account as
set forth in the lease agreement. Other than the County -funded initial improvements, the
County's annual contribution will be its only obligation for facility improvements and
maintenance. Verotown will be responsible for all other capital improvements and maintenance
for the duration of the initial term and any renewal term. The agreement will essentially
transition from the County funding the initial deferred maintenance items, to Verotown and the
County sharing Verotown's initial improvement costs on a 50%/50% basis, to Verotown fully
funding any facility costs beyond the amount approved in the Capital Reserve Fund.
Per the term sheet, the County will be responsible to fund the deferred maintenance items
mentioned above (as detailed in the funding section below) over the first (3) three years. The
estimated cost of these repairs and/or replacements is $4.9 million. It is important to note that
these repairs would be necessary for any tenant to continue operating Historic Dodgertown.
Staff believes it is highly unlikely that any party interested in operating the facility would not
require these improvements to be completed by the County. Simultaneously, Verotown will
make initial improvements mentioned above (as detailed in the funding section below) during the
first three (3) years. County staff has estimated the cost of these improvements at approximately
$10 million. Verotown will be eligible to receive reimbursement for 50% of these costs during
the term of the lease. Based upon these cost estimates, this will exhaust the Capital Reserve
Account dollars for most of the initial 11 -year term. The Capital Reserve Account will be
funded by the County in the amount of $800,000 for the first five years, then $400,000 beginning
in Year 6 for the remainder of the lease (adjusted for inflation beginning in Year 7). Once those
funds are exhausted, any future facility improvements, repairs, and maintenance will be solely
the responsibility of Verotown. Staff anticipates that during the initial 11 -year lease term,
Verotown's facility expenses will exceed the County's contribution.
In order to expedite the roofing repairs mentioned above, Verotown will manage these projects
(subject to oversight by the County), with funding provided by the County. County staff
requests that the Board of County Commissioners waive the requirements for bids in order to
allow for this procedurally, per the County Purchasing Code.
2 1 P a g e
161
Please note, the agreement does require the County to provide parking for large events. The
documents recognize the County's Parking License Agreement with the City, and it is included
as an Exhibit (Exhibit `B") to the Lease Agreement. The lease requires the County to provide
2,000 parking spaces in the event that the Parking License Agreement is terminated during the
lease. This amount does not include the cost of acquiring the City golf course property. As you
know, the County has offered to purchase the Golf Course Property from the City for $2.4
million, which has not been accepted by the City. In the event that the County purchases this
parcel in the future, the County's total expenditure related to the facility would increase.
County staff has also been working with the developers of Star Suites, which is the hotel that is
currently under construction adjacent to Historic Dodgertown, to secure access to the property
through Flight Safety Drive. We anticipate entering into an agreement to acquire ownership of
Flight Safety Drive and the parcel to the South of the Star Suites, which has been utilized for
many years to access Practice Fields 5 & 6. While the County has recently secured an access
easement over Flight Safety Drive, the planned purchase will ensure final proper access/control
of the facility entrance and the practice fields.
Fundiny,•
As stated above, the County will be responsible for certain initial repairs or replacements to
address some of the deferred maintenance items at the facility (County Improvements), as
detailed below. As noted above, Verotown will manage the roofing projects, with County
oversight, in an effort to expedite their completion. The estimated cost of these roof repairs and
replacements is $2,225,000. It should be noted that last year's Capital Improvements Program
{. included $1,050,000 in funding for roofing replacements spread across FY 17/18, FY 18/19, and
FY 19/20. The other County Improvements, as detailed below, are projected to cost $2.7 million
and are to be completed within 3 years. This results in a total cost of County Improvements at
$49 million.
Verotown will be responsible to construct various initial improvements (Verotown
Improvements) as detailed below. County Staff estimates the cost of these improvements at $10
million. Verotown will be eligible for reimbursement of 50% of these costs from the Capital
Reserve Account. The County will contribute $800,000 per year to the Capital Reserve Account
for the first five (5) years of the lease. In Year 6, the County contribution decreases to $400,000
per year thereafter (adjusted for inflation beginning in Year 7). Based upon these cost estimates,
the Verotown Improvements will exhaust the Capital Reserve Account dollars for most of the
initial 11 -year term.
County Improvements
• Roof repairs or replacements at Vero Beach Dodger Office, Executive Building,
Conference Center, Alston, Koufax and Campanella Buildings, Sleeping Rooms, and
Spring Training Building
• Removal and replacement of Int and P Base Concession Stands
• Removal and replacement of Press Box (2nd Floor) at Main Concession Stand with a like
facility
�4
3 1 P a g e /&P—
• To the extent jointly identified by the parties, any mold remediation needed in the
existing facility
• Remove and replace TV Platforms at Holman Stadium (County may provide camera lifts
as needed for Holman Stadium events) �.
Verotown Improvements
• A new indoor training facility, which will include;
o Indoor turf infield
o Multiple batting cages/tunnels
o Classrooms
o Office space
o Any demolition need to make room for facility
• Initial WiFi upgrades
• Initial security upgrades including security cameras and keycard entry to buildings
• Fire safety upgrades
• Replace entire seating bowl .at Holman Stadium
• Upgrade covered dugout areas at Holman Stadium
• New Scoreboard at Holman Stadium
• Padded outfield fences at Holman Stadium
• NCAA -approved standard turf baseball field
• Initial hotel room upgrades including carpet and bed replacement
• Kitchen replacement including reconstructedirenovated dining and preparation areas and
new kitchen equipment
• Initial signage installation throughout facility `
Staff's financing plan is summarized below:
• Partial payoff of 2001 Spring Training Bonds with 4t' Cent Tourist Tax Reserves
($1,125,000). This will leave only the State payments of $500,000/ remaining for debt
service.
• Utilize Debt Service Reserves from Half -Cent Sales Tax for a portion of County
Improvement expenses ($1,700,000).
• Utilize funds budgeted for Dodgertown Roofs in FY 17/18 ($450,000), FY 18/19
($300,000), and FY 19/20 ($300,000) for a portion ($1,050,000 total) of County
Improvement expenses.
• Allocate One Cent Sales Tax reserves for remainder of County Improvement expenses in
FY 19/20 and FY 20/21 ($2,175,000 total).
• The Board approved FY 18/19 Capital Improvements Element fully funds the $4,925,000
deferred maintenance items.
• Capital Reserve Fund — Years 1-5 = $800,000/year, Years 6-11 = $400,000/year (as
adjusted for inflation.
o Years 1-3 utilize 4h Cent of Tourist Tax ($650,000/year) with remainder from
One Cent Sales Tax ($150,000)
o Years 4-11 utilize %2 of 4a' Cent Tourist Tax ($325,000/year) with remainder from
One Cent Sales Tax ($475,000/year in Years 4-5 and $75,000/ year in Years 6-11)
4 1 P a g e
/1�93
Requires change to County Code to allow 4th Cent of Tourist Tax ("The Professional
Sports Facility Franchise Tax') to be expended to, "promote and advertise tourism in the
State of Florida and nationally and internationally. However, if the tax revenues are
expended for an activity, service, venue, or event, the activity, service, venue, or event
must have as one of its main purposes the attraction of tourists as evidence by the
promotion of the activity, service, venue, or event to tourists." in accordance with Section
125.0104, Florida Statutes. The 0 Cent would then be used to fund traditional tourism
promotion activities and one of the first 2 cents would be used to fund Dodgertown
facility needs (essentially swapping the e Cent for the It Cent).
In summary this:
o Commits a total of $3,225,000 in One Cent Sales Tax for initial County
Improvement expenses needed to correct some deferred maintenance issues
currently at Dodgertown.
o Provides $1.85 million in One Cent Sales Tax over 11 -year lease for Capital
Reserve Fund, compared to $1.375 million in current lease.
o Makes $75,000/year in Tourist Tax available for tourism promotion immediately
upon lease signing due to elimination of this payment from current lease.
o Makes Y2 of the 4th Cent of Tourist Tax available ($325,000) for other uses
beginning in 2022.
o Makes $125,000/year funding from Half -Cent Sales Tax available to be released
to the General Fund to provide for other County services.
o Limits the County's commitments to the facility to the above referenced items and
requires MLB to fund any other facility needs during the initial 11 -year term
essentially transitioning facility responsibilities to MLB going forward.
o Verotown will provide insurance for the facility, which will provide an annual
premium savings of $70,000
Staff Recommendation:
1. Staff Recommends the Board of County Commissioners approve the attached Amended
and Restated Facility Lease Agreement for Historic Dodgertown.
2. Staff requests that the Board of County Commissioners waive the requirement for bids in
order to allow Verotown to manage roof replacements, with County oversight, for
facilities contemplated in Section 8.04(b) of the agreement and detailed above.
3. Staff recommends the Board of County Commissioners approve a change to the County's
Code to allow for the use of the County's 4h Cent Tourist Tax (the Professional Sports
Franchise Facility Tax), "To promote and advertise tourism in Florida, nationally and
internationally..." in accordance with Section 125.0104, Florida Statutes, and authorize
staff to advertise for a public hearing to adopt the ordinance on January 15, 2019.
4. Staff recommends that the Board of County Commissioners approve the Financing Plan
detailed above to fund the County's responsibilities under the agreement.
Attachment: Amended and Restated Facility Lease Agreement
5 1 P a g e f� d/
Prepared By,
Record and Return to:
Heather I Encinosa, Esq.
Nabors, Giblin & Nickerson, P.A.
1500 Mahan'Drive, Suite 200
Tallahassee, Florida 32308
AMENDED AND RESTATED FACILITY LEASE AGREEMENT
This AMENDED AND RESTATED FACILITY LEASE AGREEMENT ("Agreement")
is made as of the 2nd day of January, 2019 (the "Effective Date"), by and between Indian River
County, Florida, a political subdivision of the State of ' Florida (hereinafter referred to as the
"County"), and Verotown, LLC, a Delaware corporation, (hereinafter referred to as
"Verotown").
RECITALS
A. WHEREAS, County and MiLB Vero Beach, LLC, a Florida limited liability
company (the "Initial Tenant") entered into that certain Facility Lease Agreement effectively
dated May 1, 2009 whereby County leased that certain real property located in Vero Beach,
Florida, and known generally as "Dodgeriown" (the "Facility") and being more particularly
described in Exhibit "A" attached hereto, as further amended by that certain First Amendment to
Facility Lease Agreement by and between the County and the Initial Tenant effectively dated
June 1, 2011, as further amended by that certain Second Amendment to Facility Lease
Agreement by and between the County and Initial Tenant effectively dated January 1, 2012, as
further amended by that certain Third Amendment to Facility Lease Agreement by and between
County and Verotown effectively dated July 16, 2013, as further amended by that certain Fourth
Amendment to Facility Lease Agreement by and between County and Verotown effectively
dated January 21, 2014, and as further amended by that certain Fifth Amendment to Facility
Lease Agreement by and between County and Verotown effectively dated April 1, 2014
(collectively referred to as the "Initial Lease"); and
B. WHEREAS, MLB (as hereinafter defined) enjoys a rich baseball related history,
having been formed over a hundred years ago to advance professional baseball; and
C. WHEREAS, MLB has or prior to the Effective Date will purchase the
membership interest in Verotown; and
D. WHEREAS, between 1949 and 2008, the Los Angeles Dodgers (formerly known
as the Brooklyn Dodgers) conducted spring training operations and played their spring training
home games at the Facility; and
E. WHEREAS, the County, MLB and the conununity in general desire to preserve
the rich traditions and history of "Dodgertown" and the Facility and recognize that the benefits to
the local community of continuing baseball, athletic and conference operations at the Facility are
l�
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unique and diverse, and include, but are not limited to, entertainment for the community, the
creation of new jobs and increased employment opportunities, increased tourist trade and
promotional opportunities, direct and indirect tax revenues, and the enhancement of the
community's image; and
F. WHEREAS, because of the aforementioned benefits to the community, the
County purchased the Facility in 2000, and has incurred the debt service designed to
accommodate the baseball spring training and other associated Facility uses; and
G. WHEREAS, in recognition of the commitment made by the County and the
community, Verotown desires to conduct baseball, athletic, conference and associated
operations, including potentially spring training operations, at the Facility during the Term of
this Agreement and to operate, maintain, and manage the Facility in accordance with the terms
hereof; and
H. WHEREAS, Verotown and the County now desire to amend and restate the
Initial Lease in its entirety, so that from and after the Effective Date, this Agreement shall serve
as an amendment and restatement of all prior leases, letters, expressions of intent, agreements or
understandings, whether oral or written, between the County Verotown and MLB, relating to any
portion of the Facility, including, without limitation, the Initial Lease, and all such prior leases,
expressions of intent, agreements or understandings, whether oral or written, are hereby null,
void and of no further force and effect, and the terms and conditions of this Agreement shall
supersede and replace the terms and conditions of all such prior leases, letters, expressions of
intent, agreements or understandings, whether oral or written, with respect to the Facility.
COVENANTS
NOW, THEREFORE, in consideration of the foregoing Recitals (which are hereby
incorporated into this Agreement) and the mutual promises and covenants set forth below, IT IS
AGREED AS FOLLOWS:
ARTICLE I
DEFINITIONS / EXHIBITS
Section 1.01. Exhibits. True and correct copies of all of the exhibits referenced in this
Agreement will be initialed by the parties and attached to this Agreement, and such exhibits will
thereafter be incorporated into this Agreement by this reference.
Section 1.02. Definitions. The following terms will have the following meanings:
(a) "Agreement' means this Amended and Restated Facility Lease Agreement
between Verotown and the County, and all of the attached exhibits.
(b) "Capital Improvements" means any fixed capital expenditure or capital
outlay associated with the construction, reconstruction, or improvement of the Facility
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with a life expectancy of five (5) or more years, including by way of example and not
limitation capital equipment, which will extend the useful life of the Facility whose cost
is in excess of $1,000 and is reasonably determined by Verotown as necessary for the
construction, reconstruction, or improvement of the Facility.
(c) "Capital Reserve Account" means the capital improvement, maintenance,
repair and replacement account as defined in Section 8.01, below.
(d) "Capital Reserve Account Agent" means the Clerk of the Circuit Court for
Indian River County, Florida.
(e) "Cessation of Use" is defined in Section 10.04, below.
(f) "Liff" means the City of Vero Beach, Florida.
(g) "City Parking Property" means the real estate subject to the Parking
License Agreement.
(h) "Coup " means Indian River County, Florida, a political subdivision of
the State of Florida.
(i) "Coun , Funds" means the funds to be deposited into the Capital Reserve
Account by the County.
0) "County Improvements" means the improvements constructed or to be
constructed on the Existing Facilities during the term of this Agreement, as set forth in
Section 8.04(a) and (b) hereof.
(k) "Dodgers" means the team owned by the Los Angeles Dodgers, LLC, a
Delaware limited liability company and their predecessors, the former users of the
Facility, as the context requires.
(1) "Effective Date" means the 2"a day of January 2019, the date upon which
this Agreement becomes effective.
(m) "Existing Facilities" means the baseball facilities-Qr gr nally constructed
for spring training activities located on the Land as t pyx� as of the Effective Date,
including the spring training baseball stadi own as Holman Stadium (as hereinafter
defined), the eighty-nine (89) un' el facility, the conference center with meeting and
dining rooms, the club and weight room, indoor batting and pitching cages, baseball
administration$ -ding, four (4) baseball practice fields, and two (2) half baseball
(n) "Facili " means, collectively, the Land, the Existing Facilities, and, as the
context warrants, the County Improvements, the Verotown Improvements, and any
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of $1,000 and is reasonably determined by Verotown as necessary for the construction,
reconstruction, or improvement of the Facility.
(c) "Capital Reserve Account" means the capital improvement, maintenance,
repair and replacement account as defined in Section 8.01, below.
(d) "Capital Reserve Account Agent" means the Clerk of the Circuit Court for
Indian River County, Florida.
(e) "Cessation of Use" is defined in Section 10.04, below.
(f) "City" means the City of Vero Beach, Florida.
(g) "City Parking Property" means the real estate subject to the Parking License
Agreement.
(h) "Conn " means Indian River County, Florida, a political subdivision of the
State of Florida.
(i) "Count Funds" unds" means the funds to be deposited into the Capital Reserve
Account by the County.
0) "County Improvements" means the improvements constructed or to be
constructed on the Existing Facilities during the term of this Agreement, as set forth in
Section 8.04(a) and (b) hereof.
(k) "Dod eg_rs ' means the team owned by the Los Angeles Dodgers, LLC, a
Delaware limited liability company and their predecessors, the former users of the Facility,
as the context requires.
(1) "Effective Date" means the 2nd day of January 2019, the date upon which
this Agreement becomes effective.
(m) "Existing Facilities" means the baseball facilities originally constructed for
spring training activities located on the Land as they existed as of the Effective Date,
including the spring training baseball stadium known as Holman Stadium (as hereinafter
defined), the eighty-nine (89) unit hotel facility, the conference center with meeting and
dining rooms, the clubhouse and weight room, indoor batting and pitching cages, baseball
administration building, multi-purpose field, four (4) baseball practice fields, four 4
softball practice fields U. e., the "cloverleaf' fields) and twe+2one 1) half baseball practice
fieldsfield.
(n) "Facility" means, collectively, the Land, the Existing Facilities, and, as the
context warrants, the County Improvements, the Verotown Improvements, and any
additional improvements constructed on the Land after the Effective Date of this
Agreement.
I,
additional improvements constructed on the Land after the Effective Date of this
Agreement.
(o) "Facilily Parking Property" means those areas contained within the Land
that have historically been used for parking in connection with activities and events held
at the Facility and other accessible and open areas that are suitable for parking.
(p) "FF&E" means furniture, fixtures, and equipment located at or on the
Facility on the Effective Date and initially described in Exhibit "C" hereto, as same may
be replaced or substituted during the Term, which replacements and substitutions will be
reflected on an updated Exhibit "C" (to be agreed upon by the parties), from time to time.
(q) "Holman Stadium" means the baseball stadium improvements known as
Holman Stadium.
(r) "Initial Term" is defined in Section 2.01, below.
(s) "Land" means the real estate upon which the Facility is located, as
described in Exhibit "A" attached hereto.
(t) "Lease Year" means a twelve (12) month period commencing on
September 1 of any calendar year of the Term hereof and ending on August 31 of the
following calendar year; provided, however, that the First Lease Year will commence as
of the Effective Date and end on the first August 31 st following the Effective Date.
(u) "Maintenance Standards" means the standards of maintenance, repair, and
operations maintained by managers of comparable facilities in comparable markets in the
State of Florida in accordance with reasonable practices then in use. The County hereby
acknowledges and agrees that the manner in which the Existing Facilities were operated
and managed by the Dodgers prior to the termination of their lease in 2008 and Minor
League Baseball prior to the termination of their lease in 2011 was consistent with or
exceeded the standards of maintenance, repair, and operations maintained by managers of
comparable facilities in comparable markets in the State of Florida.
(v) "Major League Baseball" or "MLB" shall mean, depending on the context,
any or all of (a) the Office of the Commissioner of Baseball (the "BOC"), each other
MLB Entity and/or all boards and committees thereof, including, without limitation, the
Executive Council, and/or (b) the Major League Clubs acting collectively.
(w) "Major League Baseball Club" or "Major League Club" shall mean any
professional baseball club that is entitled to the benefits, and bound by the terms, of the
Major League Constitution.
(x) "Major League Constitution" shall mean the Major League Constitution
adopted by the Major League Clubs (which amended and superseded the Major League
Agreement dated January 1, 1975, the Agreement in re Major Leagues Central Fund
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dated as of December 8, 1983, as amended, and the respective constitutions of the former
American and National Leagues of Professional Baseball Clubs) as the same may be
amended, supplemented or otherwise modified from time to time in the manner provided
therein and all replacement or successor agreements that may in the future be entered into
by the Major League Clubs.
(y) "MLB Entity" shall mean each of the BOC, Major League Baseball
Properties, Inc., The MLB Network, LLC, MLB Advanced Media, L.P., Tickets.com,
LLC, Verotown and/or any of their respective present or future affiliates, assigns or
successors and collectively referred to herein as the MLB Entities.
(z) "Parking License Agreement" means the agreement entered into as of June
1, 2011 and recorded in Official Records Book 2517, at Page 568 of the Public Records
of Indian River County, by and between the County and the City, which, inter alia,
governs use rights for the City Parking Property and is attached hereto as Exhibit `13."
(aa) "Price Index" shall mean the Consumer Price Index for all Urban
Consumers (1982-1984=100) for the South Region for all items except food and energy,
as published monthly by the U.S. Department of Commerce, Bureau of Labor Statistics.
(bb) "Price Index Change" shall mean the percentage change between the Price
Index in effect as of November 1 of the then -current year as compared to the Price Index
in effect as of November 1 of the prior year.
(cc) "Renewal Term" is defined in Section 2.02, below.
(dd) "Repairs or Replacements" means capital repairs or replacements made to
the fixtures, structures and/or improvements at the Facility, including the County
Improvements and Verotown Improvements upon their completion.
(ee) "Term" means the Initial Term and any Renewal Term.
(ff) "Verotown Events" means any and all events and activities held on the
premises of the Land and Facility including, without limitation, sports and non -sports
related events and activities, meetings and conferences, whether such events and
activities are conducted by the County, Verotown, an MLB Entity or any third party
using all or a portion of the Land and/or the Facility with the consent of Verotown.
(gg) "Verotown Improvements" means the improvements constructed or to be
constructed on the Existing Facilities or Land during the term of this Agreement, or any
extension thereof, as provided in Section 8.05 hereof.
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ARTICLE II
TERM / OPTIONS TO RENEW / RENT
Section 2.01. Initial Term. The "Initial Term" of this Agreement will commence on the
Effective Date and will expire on August 31, 2029, unless this Agreement is terminated earlier
by the parties pursuant to the provisions hereof.
Section 2.02. Renewal Term. For purposes of this Agreement, a "Renewal Term" means
a term of five (5) years commencing upon the expiration of the Initial Term or the immediately
preceding Renewal Term, if any.
Section 2.03. Option to Renew. Verotown has three (3) successive options to renew this
Agreement for a Renewal Term. Verotown shall exercise its right and option for the three (3)
successive options for a Renewal Term by serving written notice upon the County of its election
to exercise said option at least twelve (12) months before the expiration of the then -current Term.
If Verotown fails to provide such notice within the aforementioned time, then Verotown's right
and option to renew will continue in full force until the County notifies Verotown in writing that
the renewal notice has not been received and Verotown fails to exercise its renewal rights within
sixty (60) days after receipt of the County's notice since, it being the intention of the parties that
Verotown will not lose any renewal right through inadvertence. Each Renewal Term will be
upon the same terms and conditions as the Initial Term.
Section 2.04. Rent. Verotown shall pay to the County the sum of One Dollar ($1.00) per
Lease Year as rent payable in advance. Receipt of such rent by the County is hereby
acknowledged.
ARTICLE III
VEROTOWN'S USE OF THE FACILITY
Section 3.01. Lease and Grant of Management Rights with Respect to the Facility. The
County hereby leases to Verotown, and Verotown hereby leases from the County, the Facility
and the FF&E. Except as otherwise provided in this Agreement, Verotown has the exclusive
right and obligation to use, manage, and operate the Facility at its sole discretion in accordance
with the terms and purposes of this Agreement. Verotown covenants to use the Facility in
accordance with Section 5.01 hereof. During the Term, the County shall not lease to or grant to
any person other than Verotown, the right to use, manage, or operate the Facility, subject to the
provisions of Section 6.04 below. The parties acknowledge and agree that, as of the Effective
Date, the County is actively pursuing the acquisition of parcels adjacent to the Facility, including
that certain parcel upon which Dodger Road is located (the "Parcel"). In the event the County
acquires the Parcel, the County will grant Verotown and its employees, guests, invitees,
contractors, agents and affiliates the right at all times during the Term and any Renewal Term to
use Dodger Road. If the County fails to acquire the Parcel and Verotown is thereafter prevented
from using and accessing Dodger Road, the County agrees to promptly pursue any and all action,
at the County's sole cost and expense, necessary to establish access and use of Dodger Road,
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prescriptive or otherwise, which rights shall run with the Land and inure to the benefit of the
County and Verotown.
Section 3.02. Verotown's Rights and Obligations. Except as specifically provided in this
Agreement, Verotown is exclusively responsible for managing, operating, and maintaining the
Facility at its sole discretion and expense (subject to any eligible reimbursement as set forth in
this Agreement) during the Term in accordance with the Maintenance Standards. Verotown shall
not cause, permit, or suffer any waste or damage, disfigurement, or injury to the Facility or the
fixtures or equipment thereon, with the exception of reasonable wear and tear, loss or damage by
fire, natural catastrophe, or other casualty, or condemnation. The County shall not remove any
FF&E from the Facility and Verotown has the right, during the Term, to use all FF&E in place
prior to or after the Effective Date. In addition to the FF&E provided by the County, and to
satisfy the Maintenance Standards, Ve iotown shall provide certain equipment to be kept at the
Facility to assist with its efforts to maintain the Facilities (the "Verotown Equipment"). If
required to comply with the Maintenance Standard, Verotown shall be responsible for the
replacement of the FF&E and Verotown Equipment subject to normal wear and tear (subject to
any eligible reimbursement as set forth in this Agreement) during the Term. During the Term,
Verotown has, but is not limited to, the following rights, responsibilities, and obligations in
connection with the Facility:
(a) At its sole discretion, control the scheduling and use of the Facility as a
publicly operated, athletic, entertainment and conference facility for all baseball and non -
baseball events, including potential MLB spring training events;
(b) Perform all maintenance of the Facility, including by providing all of the
labor and materials required to keep the Facility clean and free of debris and by repairing,
maintaining, and replacing ail components of the Facility consistent with the
Maintenance Standards;
(c) Except as otherwise provided in this Agreement, maintain the Facility,
including, but not limited to, the parking lots at the Facility, the structural portions of the
Facility, the foundation of the Facility, the exterior structural walls of the Facility, all
electrical, plumbing, heating, entilating, air- conditioning, mechanical and utility
systems for the Facility (beginning at the point where they are stubbed out to the Facility)
or any portion thereof, including any portion located in the Facility, in good order,
condition, and repair, in a clean, sanitary, and safe condition, and in accordance with all
applicable laws and regulations;
(d) Except as otherwise provided in this Agreement, provide all security,
crowd control, maintenance, cleaning, landscaping and other personnel or independent
contractors required for the proper maintenance and operation of the Facility consistent
with the Maintenance Standards;
(e) All of the costs associated with the obligations set forth in this Section
3.02 that exceed the annual contriibution of the County as set forth in Section 8.01 of this
Agreement shall be performed by Verotown at its sole cost and expense.
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(f) Obtain and mE
which shall list the County
Verotown's use and operation
tain the insurance further described in Section 14.05,
s an additional insured for any policies relating to
the Facility.
(g) Set rates and charges for the use of the Facility by third parties;
(h) Advertise and promote all baseball and non -baseball events conducted at
the Facility, such advertising and promotion to mention or identify the County and/or the
City to the extent practicable (Verotown understands the importance of promoting the
County and the City and their image and desire and agree to assist in such regard);
(i) Select and emplo i all concessionaires, licensees and other contractors with
respect to the Facility, including, but not limited to, its parking lots, concession areas, and
advertising space; and
0) Enter into lawful contracts in Verotown's name relating to any and all of
the foregoing upon terms and conditions which are consistent with the Maintenance
Standards and the terms of this Agreement.
Section 3.03. Event Control. Verotown has the right, at its sole discretion, to cancel or
postpone any event to be held at the Facility.
Section 3.04. Books and Records. Verotown and the County acknowledge that certain
information and data relating to this Agreement may be public records in accordance with
Chapter 119, Florida Statutes. Verotown agrees that it will implement policies and procedures to
maintain, produce, secure, retain, and transfer public records in accordance with applicable laws,
and regulations, including Sec. 119.0701, Florida Statutes. Verotown agrees to provide the
County with a copy of all requested public records or to allow any public records to be inspected
or copied within a reasonable time. Verotown agrees to charge any third parties requesting public
records only such fees allowed by Section 119.07, Florida Statutes, for locating and producing
public records during the term of this Agreement. Upon the expiration of this Agreement,
Verotown shall transfer, at no cost, to the County all public records in the possession of
Verotown or keep and maintain any public records required by the County. If Verotown transfers
all public records to the County upon the expiration of this Agreement, then Verotown shall
destroy any public records that are exempt or confidential and exempt from public records
disclosure requirements. If Verotown keeps and maintains public records upon the expiration of
this Agreement, then it will meet all applicable requirements for maintaining any public records.
All records stored electronically must be provided to the County upon request in a format that is
compatible with the information technology systems of the County. Nothing in this Section
3.04 is intended to suggest that all records related to the Facility would be public records or that
this Agreement is subject to Section 119.0701, Florida Statutes. Verotown and the County shall
cooperate to ensure that any records that are confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Term of this Agreement.
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IF VEROTOWN HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO VEROTOWN'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
VEROTOWN SHOULD CONTACT THE COUNTY'S CUSTODIAN OF
PUBLIC RECORDS: SANDY WRIGHT, BY TELEPHONE 772-226-1424,
EMAIL PUBLICRECORDS@IRCGOV.COM OR MAIL 180127 1h STREET,
UPSTAIRS, BUILDING A, VERO BEACH, FLORIDA 32960.
ARTICLE IV
MAINTENANCE RESPONSIBILITIES
Section 4.01. Verotown's Rights and Obli ations. During the Term, Verotown shall be
responsible for the repair, operation, and maintenance of the Facility, and has, but is not limited
to, the rights, responsibilities and obligations specified in Sections 4.02 through 4.05 below.
Section 4.02. Maintenance. From the Capital Reserve Account and, upon depletion of
funds from that Account, from its own funds, Verotown shall construct and pay for any repairs,
replacement and improvements for the Facility as are required:
(a) To satisfy the Maintenance Standards;
(b) To comply with all applicable laws, ordinances and regulations, including,
but not limited to the requirements of the Americans with Disabilities Act of 1990 ("ADA") any
amendments thereto, including Title II, Structural and Title III, Programmatic Accessibility
Standards as well as any future additions; and
(c) To meet the standards and regulations of Major League Baseball.
In connection with the foregoing, the County hereby represents to the best of its knowledge to
Verotown that, as of the Effective Date, it is unaware of any violations of state or county laws,
rules, or regulations, or any ADA violations at the Facility. The County and Verotown hereby
recognize that major renovations to the Facility may require that any legally compliant or
grandfathered uses be brought up to current code and regulatory requirements and the County
agrees cooperate with Verotown's efforts in connection therewith.
Section 4.03. Operation. Verotown shall provide and pay for, solely from funds of
Verotown or the Capital Reserve Account if appropriate, all costs and expenses required for the
operation and maintenance of the Facility which are not, by the terms of this Agreement,
specifically required to be provided and paid for by the County, including, but not limited to, all
personnel (including supervisory staff), labor, equipment, utilities, and materials. All
expenditures from the Capital Reserve Account will be in accordance with Article VIII hereof.
Subject to any cost reimbursement provided in Section 6.04 below, costs for which Verotown is
responsible will include, but not be limited to, taxes, gas, electricity, internet services, telephone,
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water, sewer, storm water, solid waste, and other utilities related to operation of the Facility, and
production of all events taking place at the Facility.
Section 4.04. Taxes. As stated above, Verotown shall pay all taxes and non -ad valorem
or special assessments associated with the lease and operation of the Facility except the County
shall be responsible for ad valorem real property taxes, if any, imposed on the Facility. As of the
Effective Date, and other than what is set forth on Exhibit "F", the County is not aware of any
other special assessments applicable to the Facility or the Land, including but not limited to
obligations associated with special districts, neighborhood improvement districts, Municipal
Service Taxing Unit/Benefit Unit (MSTU/BU) or community development districts.
Section 4.05. Liaison. Verotown shall name a person to be the liaison to work with the
County with respect to coordinating the mutual responsibilities of Verotown and the County.
Verotown hereby designates Chris Haydock as the liaison unless and until a new person is
designed in writing by Verotown.
Section 4.06. Limitations. Verotown's rights and obligations under this Agreement are
subject to the following additional limitations:
(a) No contract entered into pursuant to this Agreement may impair any right
of the County hereunder.
(b) Verotown shall not, without the County's consent, enter into any contract
extending beyond the expiration date of the Term, as the Term is defined when any such
contract is executed by Verotown.
(c) Verotown shall take no action which may result in the attachment of a lien
or cloud on the County's interest in or title to the Land, the Facility, the FF&E, or any
other real or personal property purchased or paid for with funds provided by the County.
If, as a result of Verotown's actions, a lien or cloud is attached to the County's interest or
title to the Land, the Facility, the FF&E, or any other real or personal property purchased
or paid for with funds provided by the County, Verotown shall immediately take all
reasonable and necessary steps to remove such lien or cloud.
(d) Verotown shall not knowingly occupy or use the Facility for any purpose
or in any manner that is unlawful.
(e) Within the policies and standards set by the County pursuant to this
Agreement, Verotown shall function as an independent contractor in fulfilling the duties
required by this Agreement. All staff required by Verotown to accomplish its obligations
under this Agreement shall be employees and/or independent contractors of Verotown or
an MLB Entity and not the County.
(f) Subject to the County's representations described in Sections 4.02 above,
Verotown takes the Facility "as is", both as of the Effective Date and upon completion of
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any County Improvements and Verotown Improvements in accordance with the terms
hereof, with no other warranty from the County as to condition.
(g) Verotown shall repair, replace, provide and maintain, at its expense, all
equipment necessary to perform its responsibilities hereunder; and such equipment will at
all times be deemed to be included as a part of the FF&E and run with and be a part of
the Facility; provided, however, upon the termination of this Agreement, any Verotown
Equipment (exclusive of fixtures) which has been purchased and paid for by Verotown
with funds other than the funds provided by the County, may be identified and removed
by Verotown upon notice to the County.
(h) Except as may be provided in this Agreement, Verotown shall not
undertake any Capital Improvements to the Facility without the permission of the
County, which permission shall, when not otherwise governed by this Agreement, not be
unreasonably withheld, unreasonably conditioned or unreasonably delayed.
(i) If the County reasonably believes that Verotown's failure to comply with
any of its obligations under this Agreement involves a "life safety issue," as defined
below, the County shall immediately notify Verotown in writing and shall have an
immediate right to correct the life safety issue. The reasonable and necessary costs and
expenses incurred by the County in correcting the life safety issue will be due and
payable by Verotown to the County first through funds in the Capital Reserve Account,
and, if the funds in the Capital Reserve Account are insufficient to cover such costs and
expenses, second through written demand to Verotown, which shall be paid within thirty
(30) days after submission of the written demand by the County to Verotown. If such
amount is not paid when due, it will bear interest at the prime rate published by the Wall
Street Journal from time to time from the date that Verotown received the County's
statement until the date payment is made. For purposes of this Agreement, a "life safety
issue" means a situation which imposes an immediate threat of bodily harm or death to
any users or occupants of the Facility.
0) Except as otherwise expressly authorized in this Agreement, Verotown
shall not construct any additional buildings or structures on any portion of the Facility, or
make any structural or exterior changes to the Facility, without the prior written approval
of the County, which approval will not be unreasonably withheld, unreasonably
conditioned or unreasonably delayed. Verotown shall not make major alterations or
modifications to the Facility without the prior written approval of the County, which
approval will not be unreasonably withheld, unreasonably conditioned or unreasonably
delayed. All such permanent improvements, alterations, or additions placed on the
Facility by Verotown will be conveyed by Verotown to the County by a quit -claim deed
upon the completion of such improvements, alterations or additions.
(k) On or before the expiration date of this Agreement, or its earlier
termination as provided herein, Verotown shall remove all of its personal goods and
effects including any equipment (exclusive of fixtures and FF&E) which have been
purchased or paid for by Verotown with funds other than funds provided by the County,
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repair any damage caused by such removal, and surrender and deliver the Facility
(together with any and all required and existing FF&E) in an "as is" condition. Any
personal property or effects not removed within thirty (30) days after the expiration date
of this Agreement or its earlier termination as provided herein will be deemed to have
been abandoned by Verotown, and may be retained or disposed of by the County, in its
sole discretion, in accordance with applicable law.
(1) Upon the expiration or earlier termination of this Agreement, Verotown
shall return to the County the Facility and all the then existing FF&E, together with any
other real or personal property purchased or paid for with funds provided by the County,
free and clear of any contractual obligations or other legal encumbrances granted by
Verotown, except for utility easements and other encumbrances necessary for the
maintenance and operation of the Facility. If requested by the County following
expiration or earlier termination of this Agreement, Verotown shall provide an
unqualified quit claim deed or bill of sale for any real or personal property associated
with this Agreement, including the then existing FF&E, or any other real or personal
property purchased or paid for with funds provided by the County, any abandoned
property, or the Facility.
(m) Neither the County nor Verotown will knowingly use the Facility for the
manufacture or storage of flammable, explosive or Hazardous Materials (as defined
below), except for Hazardous Materials typically found for use or sale in retail stores,
including supermarkets and dry-cleaning stores, and/or typically found for use in
comparable spring training facilities. For purposes of this Agreement, "Hazardous
Materials" means any contaminant, chemical, waste, irritant petroleum product, waste
product, radioactive material, flammable or corrosive substance, explosive,
polychlorinated biphenyls, asbestos, hazardous toxic substance, material or waste of any
kind, or any other substance that any environmental law regulates. "Hazardous Materials"
includes, but is not limited to, substances defined as "hazardous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.;
the Hazardous Materials Transportation Act, 39 U.S.C. Section 1801, et seq.; the
Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; all applicable
state and local laws; and in the regulations adopted and publications promulgated
pursuant to said laws or any amendments or addenda thereto. The County will, at the
County's sole cost and expense, be responsible for performing any removal, remediation,
cleanup or restoration required as a result of (i) the existence of any Hazardous Materials
on the Facility as of the Effective Date required to be removed, remediated, cleaned up or
restored by order of any federal, state, or local agency, and (ii) the release of any
Hazardous Materials existing on the Facility as of the Effective Date; provided that the
County will not be responsible for performing any removal, remediation, cleanup or
restoration for any Hazardous Materials existing on the Facility as of the Effective Date
that are known or become known to Verotown and negligently or intentionally released
by Verotown. As of the Effective Date, the County hereby represents that it has no
knowledge of any Hazardous Materials existing on the Land or the Facility. Verotown
will, at Verotown's sole cost and expense, be responsible for performing any removal,
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remediation, cleanup or restoration required as a result of (i) any Hazardous Materials
introduced by Verotown on the Facility after the Effective Date and during the Initial
Term and any Renewal Term, and (ii) any Hazardous Materials existing on the Facility as
of the Effective Date that are known or become known to Verotown and negligently or
intentionally released by Verotown. In the event that any Hazardous Materials are
discovered on the Facility after the Effective Date, the discovering party shall promptly
provide written notification to the other party of the Hazardous Materials and their
location.
(n) If Verotown pays the rent and complies with all other terms of this
Agreement, Verotown may occupy and enjoy the premises of the Facility for the full
Term and any renewals thereof, subject to the provisions of this Agreement.
ARTICLE V
OPERATIONAL COVENANT
Section 5.01. Verotown Activities. Except if Verotown is prevented from doing so by
any of the events described in Article XV, below, Verotown shall, each Lease Year during the
Initial Term and any Renewal Term, use the Facility for the promotion of baseball and related
activities, including, but not limited to, baseball, athletic, and non -athletic conference operations,
training of umpires, and promoting the playing of baseball internationally. Except for periods of
time where events are not normally scheduled, periods of active maintenance or renovations to
the Facility and any casualty or Force Majeure Event (as hereinafter defined), Verotown shall
maintain, operate and hold the Facility open for business during ordinary and customary business
hours throughout the Term in accordance with the terms and provisions of this Agreement.
Section 5.02. Rules and Regulations. Verotown shall comply with all applicable laws,
ordinances, rules and regulations, including, but not limited to, the rules, regulations, directives,
orders, bulletins, or agreements of the County.
Section 5.03. Spring Training and Other Major League Baseball Activities. Verotown
acknowledges the community's desire to host, and agrees to promote the use of the Facility for,
MLB spring training activities and game events. Verotown agrees to negotiate with any Major
League Club expressing an interest in conducting spring training activities or game events at the
Facility and will use its best efforts to enter into a user agreement on such terms and conditions
as Verotown deems commercially reasonable or feasible; provided, however, that the failure to
do so shall not be considered a Default by Verotown hereunder. Any such use by a Major League
Club requires prompt review and approval by the County Administrator, which will not be
unreasonably withheld, unreasonably conditioned or unreasonably delayed. In the event such
approval is not timely forthcoming or otherwise withheld, Verotown may seek approval from the
County Commission.
ARTICLE VI
COUNTY'S USE OF THE FACILITY; PARKING AGREEMENT
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Section 6.01. Right of Entry. During the Term, the County has the right to enter into and
upon any and all parts of the Facility for the purpose of examining the same with respect to the
obligations of the parties under this Agreement upon two (2) days prior written notice to
Verotown (or without prior notice in the event of a "life safety issue" as defined in Section
4.060), above, but with immediate notice thereafter).
Section 6.02. Advertising and Promotion. If, during the Term, Verotown has any unsold
advertising display space (e.g., billboards, outfield signs, etc.) at the Facility, then, subject to
Verotown's prior reasonable approval and subject to there being no conflict as to the content,
design, frequency of display, and placement of any such advertisements or promotional
materials, the County will be permitted to have advertisements or other promotional materials
and information for the County and/or the City displayed at the Facility in such unsold
advertising display space without charge or reimbursement. Nothing contained in this Agreement
requires Verotown to remove or substitute any paid advertisement or promotional materials
displayed at the Facility in favor of the County's and/or the City's advertisements or promotional
materials, and all revenue-producing advertisers obtained by Verotown will have priority of use
over such advertising display space. In addition, nothing contained in this Agreement requires
Verotown to create new advertising display space or to increase the amount advertising display
space, nor will Verotown be prohibited or restricted from decreasing the amount advertising
display space at the Facility.
Section 6.03. Right to Use the Facility. In addition to all of the rights specifically
granted to Verotown in this Agreement, Verotown has the right to use the Facility in any manner
and/or for any lawful purpose that Verotown deems appropriate in the exercise of its sole and
absolute discretion, subject to the terms of this Agreement.
Section 6.04. The County's Use of Holman Stadium and the Practice Fields. The County
has the right to use Holman Stadium and/or the practice fields, for a total of twelve (12) days,
which use shall include: up to two (2) days per Lease Year for education, entertainment and
community enrichment purposes; nine (9) days per Lease Year for the community's annual
"Harvest Festival"; and one (1) day per Lease Year for the Jackie Robinson Game, at no charge
to the County (other than reimbursing Verotown for any operating expenses incurred by
Verotown as a result of the County's use of Holman Stadium and/or the practice fields). The
dates during which the County may use Holman Stadium and/or the practice fields will be
selected by mutual agreement of the parties; provided that, if the parties cannot agree on the
dates, Verotown's reasonable selection of dates will be final and controlling. Provided, however,
Verotown will defer to the County and cooperate in scheduling and making the Facility available
for the community's annual "Harvest Festival." The Harvest Festival will occur for four (4) days
from Thursday to Sunday in the week prior to Thanksgiving each year with the remaining five
(5) days set aside for the Harvest Festival to be provided before and after the event for set-up and
take-down. The parties recognize that Verotown or any other MLB Entity may, at any time,
also host an event celebrating Jackie Robinson and any such event would take priority over a
County scheduled event, except for the Harvest Festival. The County may use Holman Stadium
and/or the practice fields only for functions which do not directly compete with revenue -
generating events and shall not create any conflicts with sponsorships which have been otherwise
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arranged by Verotown or any other MLB Entity. Moreover, the County's use of Holman Stadium
and/or the practice fields must not interfere in any way with Verotown's use and quiet enjoyment
of the Facility. The County will not use or authorize the use of Holman Stadium and/or the
practice fields in any manner which would have a material detrimental impact on Holman
Stadium and/or the practice fields, and the County will be and remain solely responsible for any
damage or destruction to Holman Stadium and/or the practice fields by the County or its
assignee. The County, or its assignee, is entitled to retain the revenues from ticket sales for its
events, and concessions sold during the events when Holman Stadium and/or the practice fields
are utilized by the County; provided, however, that although Verotown covenants to cooperate
with the County in such endeavors, Verotown will not be required to provide concession
management services and/or any other related services during any County event. In all cases,
Verotown will be reimbursed by the County for any operating costs and expenses incurred by
Verotown as a result of the County's use of Holman Stadium and/or the practice fields, including.
but not limited to, the cost of any parking attendants, ticket takers, security personnel, clean-up
crews, pro -rata utility cost, and the like provided by Verotown. Prior to using Holman Stadium
and/or the practice fields as provided herein, the County shall cause Verotown to be named as an
additional insured on the County's general liability insurance policy and shall deliver to
Verotown a certificate of insurance which verifies the existence of the policy and the fact- that
Verotown is named as an additional insured.
Section 6.05. Parking.
(a) The City Parking Property is owned by the City, subject to the terms and
conditions of the Parking License Agreement, and the Facility Parking Property is owned
by the County. Verotown has the right to use the City Parking Property for Verotown
Events in accordance with the terms and conditions of the Parking License Agreement.
(b) Verotown and the County acknowledge that the right to use the City
Parking Property for Verotown Events could be terminated by the City in accordance
with the terms and conditions of the Parking License Agreement. In such event,
Verotown and the County agree that the Facility Parking Property shall be available to
Verotown at all times during the Initial Term and any Renewal Term be used for parking
purposes relating to its use and operation of the Facility. For Verotown Events that take
place in Holman Stadium where parking demands exceed capacity of the Facility Parking
Property, upon thirty (30) days prior written notice, the County will provide two thousand
(2,000) parking spaces for the designated Verotown Event at no additional cost to
Verotown; provided, however that no athletic fields shall be used towards the additional
parking spaces. The County acknowledges that for certain potential Verotown Events, it
may not be practicable for Verotown to provide thirty (30) days prior written notice of
the need for additional parking capacity. In such event, Verotown shall notify the County
of its need for additional parking as soon as reasonably practicable and the County shall
use its best efforts to accommodate Verotown's request, with the understanding that
Verotown may not be able to host a Verotown Event at the Facility unless the County can
provide adequate additional parking at an acceptable location to Verotown within the
shorter time frame provided by Verotown. Unless the Facility is being utilized as an
emergency staging area pursuant to section 6.06, the County acknowledges and agrees
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that neither the County nor its guests or invitees shall be permitted to utilize the baseball
and/or athletic fields at the Facility for parking purposes during the Initial Term or any
Renewal Term.
(c) Upon expiration or termination of this Agreement, all rights of Verotown
to use the City Parking Property or the Facility Parking Property for all purposes shall
terminate.
Section 6.06. Emergency Staging Area. As a mutual benefit to the County and
Verotown, during the Term, Verotown agrees to provide the Facility as a staging area for
responsive emergency personnel and equipment, for natural disaster preparations, response, and
potential shelter. Notwithstanding anything to the contrary, neither the County nor the public
may use the Holman Stadium field. In the event the County uses the Facility as an emergency
staging area, the County agrees to diligently employ its best efforts to completely remove all
disaster/hurricane-related debris and materials from the Facility as soon as reasonably practical
and not later than fourteen (14) days after any emergency or use for the purpose of this Section.
Further, the County is responsible for all damage, clean-up, repairs and costs and expenses in
connection with the use of the Facility, and the County shall promptly clean up, repair and
restore the Facility, all at no cost or liability to Verotown. Notwithstanding anything in this
Agreement to the contrary, the County is responsible for any liability arising out of or in
connection with the County's or the public's use of the Facility pursuant to this Section 6.06, and
the County agrees not to hold Verotown responsible, and thus Verotown will be held harmless,
for such use of the Facility by the County or the public or its failure to timely remove all
disaster/hurricane-related debris and material from the Facility after any emergency or use for
the purposes of this Section. The County agrees to use its best efforts to seek "facilities
hardening" funds and/or other funds available for natural disasters from the State and/or Federal
government and to apply such funds for the sole and the exclusive use of the Facility. In the
event the County receives Federal Emergency Management Agency ("FEMA") proceeds or
other funds for damage to or destruction of the Facility, the County agrees to promptly apply
such FEMA proceeds or other funds towards the cleanup, repair, restoration, construction or
reconstruction of the Facility. To the extent that the County utilizes the Facility for sheltering,
the County is responsible for any shelter requirements and all costs associated therewith.
ARTICLE VII
REVENUES
Section 7.01. Revenues. During the Term, Verotown shall control, collect, receive, and
retain all revenues generated by any means at or in connection with the Facility, including, but
not limited to, all revenues from ticket sales, food and beverage sales, merchandise sales,
concessions and products sales, •novelties, parking, telecast and broadcast rights, pouring rights,
advertising, sponsorship, promotional and signage rights, permitted Facility naming, affiliation,
and or sponsorship rights, and any other revenues derived or generated in connection with
baseball and non -baseball events held at the Facility (exclusive of any County use events).
Verotown may allocate the revenues generated by any means at or in connection with the
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Facility in its sole discretion, so long as the Facility maintenance, Repairs or Replacements, and
the Verotown Improvements are provided in accordance with this Agreement.
Section 7.02. Rebranding; Naming Rights. At all times during the Term, neither the
County nor Verotown has the right to sell naming rights to Holman Stadium; and neither the
County nor Verotown shall change the name of Holman Stadium. Verotown has the sole and
absolute right, upon prior written notice to the County but without the prior review and consent
of the County to designate the name of any other portion of the Facility provided such name
change relates to MLB, an MLB Entity or baseball, including, without limitation, any such topic,
entity or individual related thereto. Otherwise, Verotown shall not change the name of any other
portion of the Facility without the prior review and consent of the County, which consent will
not be unreasonably withheld, unreasonably conditioned or unreasonably delayed. The County
represents to Verotown that it does not hold or possess any rights to the use of the name
"Dodgertown" or other intellectual property owned or licensed by MLB nor does the County
have the authority to authorize such use.
ARTICLE VIII
CAPITAL IMPROVEMENTS, MAINTENANCE AND REPAIRS OR REPLACEMENTS
Section 8.01. Capital Reserve Account. During the Initial Term and any Renewal Term,
the County shall establish, fund, and maintain a trust account with a depository (the "Capital
Reserve Account") in which County Funds shall be deposited in accordance with the provisions
set forth in Section 8.02 below. All funds in the Capital Reserve Account will be County Funds.
All withdrawals from the Capital Reserve Account will require the co -signature of the County
Administrator or his designee. The Capital Reserve Account will be used by or on behalf of
Verotown in making Repairs or Replacements to the Facility, facility maintenance, and
Verotown Improvements to the extent reimbursement is authorized pursuant to section 8.05
hereof. Verotown shall consult with the County with respect to any expenditure from the Capital
Reserve Account and any such expenditure will be subject to the approval of the County, which
approval will not be unreasonably withheld, unreasonably conditioned or unreasonably delayed
and will be granted in accordance with the provisions set forth in Section 8.03 below. Any
amounts remaining in the Capital Reserve Account at the expiration of the then -current Term
shall carry forward to the next Term. Any amounts remaining in the Capital Reserve Account
after the application of any reimbursement as provided herein at the expiration or earlier
termination of this Agreement will be paid to the County. Verotown is solely responsible for the
cost of any Capital Improvements, Repairs or Replacements, or Facility maintenance which
exceeds the funds available pursuant to the Capital Reserve Account and any applicable
available insurance proceeds.
Section 8.02. Contributions to the Capital Reserve Account. On the Effective Date, or
such later date as may be mutually agreed to by the parties, the County shall deposit into the
Capital Reserve Account the sum of Eight Hundred Thousand and No/100 Dollars
($800,000.00). In Lease Years two through five of the Initial Term, annually on or before
September 1 the County shall deposit into the Capital Reserve Account a total annual
contribution of Eight Hundred Thousand and No/100 Dollars ($800,000.00). In Lease Year six
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and continuing through the last year of the third Renewal Term (if such Renewal Terms are
exercised), annually on or before September 1 the County shall deposit into the Capital Reserve
Account a total annual contribution of Four Hundred Thousand and No/100 Dollars
($400,000.00), as adjusted pursuant to paragraph (b) below. For the avoidance of doubt, there
shall be a total of eleven (11) annual contributions to the Capital Reserve Account made by the
County during the Initial Term.
(a) County Funds in the Capital Reserve Account will be available to fund Capital
Improvements, Repairs or Replacements and Verotown Improvements to the extent
reimbursement is authorized pursuant to Section 8.05 hereof, and up to Two Hundred
Thousand and No/100 Dollars ($200,000.00) in any Lease Year (subject to increase or
adjustment in Lease Year seven and beyond as set forth in subsection (b)) may be used to
fund Facility maintenance (the "Maintenance Allocation"). County Funds in the Capital
Reserve Account may also be used to reimburse Verotown for capital or maintenance
expenses (subject to the annual Maintenance Allocation limitation above) incurred by
Verotown in excess of the County contributions in any prior year (e.g., expenses incurred
by Verotown above Eight Hundred Thousand and No/100 Dollars ($800,000.00) in Lease
Year one may be applied to the Lease Year two contribution and beyond). Unused funds
from one Lease Year shall carry over to successive Lease Years (e.g., if Verotown incurs
expenses below Eight Hundred Thousand and No/100 Dollars ($800,000.00) in Lease
Year one, the remaining amount, and any portion thereof attributable to the Maintenance
Allocation, shall be applied to any capital or maintenance expenses incurred in Lease
Year two and beyond).
(b) Beginning in Lease Year seven and continuing through the last year of the
Third Renewal Term, the County's annual contribution to the Capital Reserve Fund shall
be annually adjusted by the Price Index Change, and fifty percent (50%) of such adjusted
portion shall be allocated towards maintenance expenses. In the event the Price Index
Change would cause a reduction in the County's annual contribution from the amount
required in the prior Lease Year, the amount of the annual contribution made by the
County will remain the same as the amount required in the prior Lease Year, but the
monetary amount by which the annual contribution should have been reduced will, until
eliminated, be credited against future increases in the County's annual contribution to the
Capital Reserve Account required by the Price Index Change. For example, if in Lease
Year seven the Price Index Change would result in a $20,000 reduction to the County's
annual contribution, the County will make the same $400,000 contribution to the Capital
Reserve Account as it made in Lease Year six; however, if in Lease Year eight, or any
subsequent Lease Year, the Price Index Change would result in a $40,000 increase, then
the County will first apply the $20,000 credit, resulting in a net increase of only $20,000
in Lease Year eight.
Section 8.03. Disbursement of Capital Reserve Account Funds. County Funds on
deposit in the Capital Reserve Account will be disbursed by the Capital Reserve Account Agent
solely upon fulfillment of the following conditions:
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(a) Subject to there not being an event set forth in paragraph (b) of this Section
8.03, upon submission of a valid Requisition Request in the form attached as Exhibit
"D," the Capital Reserve Account Agent is authorized and directed to pay to the payee
designated in such Requisition Request the amount designated for such payment from
amounts on deposit in the Capital Reserve Account. Requisition Requests shall be paid
in accordance with the Florida Prompt Payment Act. The County and Verotown shall
coordinate in good faith to promptly true up any reimbursements described in Section
8.02(a) that may carry forward from one Lease Year to successive Lease Years.
(b) Upon notice from the County, to be promptly confirmed in writing, that a
Default by Verotown has occurred under this Agreement past any applicable notice and
cure period and the County has terminated this Agreement, or that this Agreement has
otherwise terminated, moneys on deposit in the Capital Reserve Account shall be held by
the Capital Reserve Account Agent for the exclusive benefit of the County and disbursed
to the County in accordance with written instructions from the County Administrator or
his/her designee.
(c) Upon notice from Verotown, to be promptly confirmed in writing, that a
Default by the County has occurred under this Agreement past any applicable notice and
cure period, that Verotown has terminated this Agreement, and that Verotown has
pending, valid Requisition Requests, then moneys currently on deposit in the Capital
Reserve Account shall be disbursed to Verotown up to the amount of the pending, valid
Requisition Requests. In addition to the foregoing and subject to the limitations on
reimbursements set forth in Section 8.05(b) of this Agreement, upon the submission of a
valid Requisition Request for expenses incurred prior to termination, the County shall
pay to Verotown in accordance with the schedule of County contributions to the Capital
Reserve Account in Section 8.02, any additional sums required to reimburse Verotown
for capital expenses or maintenance incurred by Verotown in excess of the County
contributions for any prior Lease Year, in an amount not to exceed (i) Twelve Million
Four Hundred Thousand Dollars ($12,400,000) (as adjusted by Price Index Change for
any portion attributable to payments for Lease Year seven and thereafter in accordance
with Section 8.02(b)), less (ii) any contributions already made by the County pursuant to
Section 8.02. In no event shall the County's total reimbursements to Verotown exceed
the amounts set forth in Section 8.02 of this Agreement. Verotown shall use best efforts
to cause its contractors to complete any projects where the contractors have been paid for
work not yet completed as of the termination date, and the County shall permit Verotown
and its contractors to access the Facility after such termination in connection therewith.
Further, Verotown will reasonably pursue any remedies available to it under such
construction contract at the County's sole cost and expense or assign the construction
contract to the County if assignable.
(d) In the event that Verotown should terminate this Agreement for
convenience pursuant to Section 10.05 or this Agreement should expire at the end of the
Initial Term or any Renewal Term, then after payment of any pending, valid Requisition
Requests (up to the amount of moneys that the County was required to fund and deposit
in the Capital Reserve Account as of the date of such termination), all moneys on deposit
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in the Capital Reserve Account shall be held by the Capital Reserve Account Agent for
the exclusive benefit of the County and disbursed to the County in accordance with
written instructions from the County Administrator or his/her designee. ,
(e) Upon the County's written request therefor, Verotown will provide a
summary of Capital Improvements projected to occur at the Facility within the twelve
(12) month period after such written request.
(f) The terms of this Section 8.03 shall survive the expiration or termination
of this Agreement.
Section 8.04. County Improvements.
(a) The County, at its expense, will complete, to both parties' reasonable
satisfaction, the following County Improvements within three (3) years from the
Effective Date:
1. removal and replacement of the first base concession stand at Holman
Stadium with a like facility;
2. removal and replacement of the third base concession stand at Holman
Stadium with a like facility;
3. removal and replacement of the press box area of the main concession
stand at Holman Stadium with a like facility;
4. to the extent jointly identified by the parties on or before August 31,
2019, any mold remediation needed in the Existing Facility; and
at the County's sole discretion, it may either remove and replace or
demolish the TV platforms at Holman Stadium and, if demolished,
upon thirty (30) days prior written notice from Verotown, the County
shall provide up to two (2) camera lifts in locations to -be determined
by Verotown during the Initial Term and any Renewal Terms at the
County's expense for use at Verotown Events at Holman Stadium for
up to twenty-five (25) days each calendar year.
(b) The County hereby finds that it is in the best interest of the County and its
citizens to waive the requirements for bids pursuant to the process defined by Indian
River County ordinance and hereby contracts with Verotown, as the lessee pursuant to
this Agreement, to oversee and manage the County Improvements consisting of the
roofing repair or replacement projects on the following buildings within the Existing
Facility (collectively, the "Buildings"), identified in Exhibit "A":
1. Vero Beach Dodger Office (Ticket Office, Locker Rooms, Gift Shop);
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2. Executive Building;
3. Conference Center;
4. Alston, Koufax and Campanella Buildings;
5. Sleeping Rooms; and
6. Spring Training Building.
(c) The parties will jointly determine whether repairs or total replacements of
the roofs identified in paragraph (b) above for a like roof are required to address safety
and use concerns. If the County and Verotown disagree on the necessity of certain repairs
or total replacement, a licensed roofing contractor (selected in accordance with below
provision) recommendation regarding any such repairs or total replacement shall control
and be binding upon the parties. The cost of any such licensed roofing contractor to
provide a recommendation shall be split equally between the County and Verotown. Any
licensed roofing contractor retained to provide this binding recommendation shall be
ineligible to perform any of the roofing projects identified in paragraph (b) above. The
County will be responsible for all costs associated with the roofing repairs or
replacements listed in paragraph (b) above, including any cost overruns. The County shall
have final approval of the licensed roofing contractor(s) procured by Verotown, the
estimated costs and the scope for each project, which approval will not be unreasonably
withheld, unreasonably conditioned or unreasonably delayed.
(d) Verotown shall use commercially reasonable efforts to complete the
roofing repairs or replacements within one (1) year of the Effective Date of this
Agreement; provided, however that the failure to complete the work within such one (1)
year period shall not be considered a Verotown Default hereunder. In the event Verotown
does not complete the work within such one (1) year period, the County's sole remedy
shall be to undertake the work on Verotown's behalf (but still at the County's sole cost
and expense). Until the completion of the roofing repairs or replacements contained in
Section 8.04(b), to the extent permitted by Florida law, the County agrees to indemnify,
save, and hold Verotown harmless from any and all judgments, expenses, liabilities,
claims, and charges for loss of or injury to property, personal injury, or death ("Losses")
that are caused by failures of the roofs listed in paragraph (b) above; provided, however,
that this liability is expressly limited by the following:
Verotown agrees that to the fullest extent permitted by Florida law
County's total liability to Verotown for any and all Losses per event
shall not exceed the limitations set forth in Section 768.28, Florida
Statutes, as it may be amended. The County shall not be liable to
Verotown for any portions of Losses that are directly caused by the
gross negligence or willful misconduct of Verotown and any liability
of the County shall be reduced proportionately to the extent of any
contributory fault chargeable to Verotown.
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2. The parties acknowledge that the County is a governmental entity and
political subdivision of the State of Florida entitled to all privileges
and immunities accorded to the state, including sovereign immunity,
and in accordance with this acknowledgment, the parties hereby agree
that the County does not waive its sovereign immunity and nothing in
this lease shall expose the County to any liability in excess of the
statutory limits provided in Section 768.28, Florida Statutes.
3. The County's obligation to cover personal property of Verotown
within the facility only becomes effective once Verotown notifies the
County of the contents and value of said personal property within the
Facility for purposes of the County adding the contents to its schedule
of insurance.
4. The County's obligation to indemnify, save, and hold Verotown
harmless shall terminate for each Building listed in paragraph (b)
above upon the final completion of the roofing repair or replacement
for that Building.
(e) Until the date that is the earlier of (i) completion of the roofing repairs or
replacements contained in Section 8.04(b) or (ii) eighteen (18) months after the Effective
Date, the County agrees to reimburse Verotown up to One Hundred Thousand and
No/100 Dollars ($100,000.00) in documented business interruption losses that result from
a roofing failure on a Building listed in Section 8.04(b) that prevents Verotown from
fully utilizing the Building for its intended purpose. This provision shall not apply to any
diminishment of use that may result during the construction of the identified roofing
repairs or replacements or de minimis diminishments of use. The County shall not be
liable to Verotown for any portions of business interruption losses that are caused by
Verotown or third parties and any liability of the County shall be reduced proportionately
to the extent of any contributory fault chargeable to Verotown or a third party. The
parties acknowledge that the County is a governmental entity and political subdivision of
the State of Florida entitled to all privileges and immunities accorded to the state,
including sovereign immunity, and in accordance with this acknowledgment, the parties
hereby agree that the County does not waive its sovereign immunity and nothing in this
lease shall expose the County to any liability in excess of the statutory limits provided in
Section 768.28, Florida Statutes, as amended.
(f) Other than as specifically set forth in this Agreement, Verotown shall be
responsible for all other Capital Improvements, Repairs or Replacements, operations, and
maintenance for the duration of the Initial Term and any Renewal Term subject to any
reimbursement described in Section 8.02(a).
Section 8.05. Verotown Improvements.
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(a) Verotown, at its expense but subject to reimbursement in accordance with
paragraph (b) below, will complete, to both parties' reasonable satisfaction, the following
Verotown Improvements at the Facility within three (3) years from the Effective Date:
1. A new indoor training facility, which will include:
- indoor turf infield;
- multiple batting cages/tunnels;
- classrooms; and
- office space.
2. Demolition (as needed) to make room for the new indoor training
facility;
3. Initial WiFi upgrades to achieve modern standards;
4. Initial security upgrades to achieve modern standards, which will
include:
- modern security cameras; and
- keycard entry to buildings.
5. Initial fire safety upgrades to achieve modern standards, which will
include sprinklers in buildings;
6. Replace entire seating bowl at Holman Stadium;
7. Upgrade covered dugout areas at Holman Stadium;
8. New scoreboard at Holman Stadium;
9. Padded outfield fence at Holman Stadium;
10. NCAA -approved standard turf field;
11. Initial hotel room upgrades to each room, which will include:
- carpet replacement (as needed); and
- bed replacement (as needed).
12. Kitchen replacement (location to be determined by Verotown with
notification to the County), which will include:
- reconstructed/renovated dining and preparation areas; and
- new kitchen equipment.
13. Initial signage installation throughout Facility, which will include:
- marquee sign;
- directional signage; and
- general rebranding.
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(b) Up to fifty percent (50%) of the costs of the Verotown Improvements
identified in paragraph (a) above will be eligible for reimbursement to Verotown from the
Capital Reserve Account. After the successful and timely completion of the Verotown
Improvements identified in paragraph (a) above, future Capital Improvements, including
any replacement of or supplement to the Verotown Improvements (e.g., carpeting may
require further replacement) that are approved by the County in accordance with the
terms and conditions set forth in this Agreement, will be eligible for full reimbursement
from the Capital Reserve Account to the extent funds are available or will become
available. The fifty percent (50%) reimbursement limitation shall not apply to projects
not included as Verotown Improvements identified in paragraph (a) above or any
replacements of or supplements thereto. Notwithstanding the foregoing, in the event
Verotown terminates this Agreement due to the County's Default hereunder, (1) the
Verotown Improvements identified in paragraph (a) will be eligible for reimbursement to
Verotown by the County in accordance with Section 8.03(c) of this Agreement as follows
(and at all time subject to the cap set forth in Section 8.03(c)): (i) one hundred percent
(100%) of Verotown's actual costs set forth in a valid Requisition Request (if submitted
within thirty (30) days after such termination for expenses incurred prior to the
termination) if such termination occurs within the first Lease Year; (ii) ninety percent
(90%) of Verotown's actual costs set forth in a valid Requisition Request (if submitted
within thirty (30) days after such termination for expenses incurred prior to the
termination) if such termination occurs during Lease Years two and three; (iii) eighty
percent (80%) of Verotown's actual costs set forth in a valid Requisition Request (if
submitted within thirty (30) days after such termination for expenses incurred prior to the
termination) if such termination occurs during Lease Years four and five; and (iv)
seventy percent (70%) of Verotown's actual costs set forth in a valid Requisition Request
(if submitted within thirty (30) days after such termination for expenses incurred prior to
the termination) if such termination occurs during Lease Year six or any Lease Year
thereafter during the Initial Term or any Renewal Terms and (2) Verotown shall use best
efforts to cause its contractors to complete any projects where the contractors have been
paid for work not yet completed as of the termination date, and the County shall permit
Verotown and its contractors to access the Facility after such termination in connection
therewith. Further, Verotown will reasonably pursue any remedies available to it under
such construction contract at the County's sole cost and expense or assign the
construction contract to the County if assignable.
Section 8.06. Construction Requirements. Subject to the terms and conditions of this
Agreement, Verotown, in performing the roofing repair and replacement projects set forth in
Section 8.04(b) on behalf of the County, the Verotown Improvements set forth in Section
8.05(a), and any future Capital Improvements agreed to by the parties and the County in
performing the County Improvements (but, as to the County limited to Section 8.06 (h), (i), (j),
(o), and (p) below) (the "Projects"), shall:
(a) Exercise good faith commercially reasonable efforts to complete the
Projects in a safe, good, and workmanlike manner within the times established in the
Agreement and in the most expeditious and economical manner;
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(b) Provide Project designs to the County for approval, which approval will
not be unreasonably withheld, unreasonably conditioned or unreasonably delayed and
obtain all necessary permits, licenses, and other approvals for the prosecution of the
Projects;
(c) Solicit bids from qualified contractors licensed in the State of Florida and
submit the bids to the County for its review and approval, which approval will not be
unreasonably withheld, unreasonably conditioned or unreasonably delayed;
(d) Engage in value engineering with the County if necessary to achieve
project economies and efficiencies;
(e) Be responsible for the completion of all work necessary to complete the
Projects, and, subject to reimbursement eligibility under this Article VIII, be fully
responsible for the payment of all moneys due to any contractor or subcontractor
performing the work in accordance with the Florida Prompt Payment Act;
(f) Comply with all applicable federal, state, and local rules and regulations in
completing the Projects. Verotown acknowledges and agrees that this requirement
includes compliance with all applicable federal, state, and local health and safety rules
and regulations, including, but not limited to (i) the Occupational Safety and Health Act,
29 CFR 1910 and 1926, respectively, General Industry Standards and Construction
Industry Standards, including regulations regarding Trenching and Shoring; (ii) the
Florida Workers' Compensation Law, Chapter 440, Florida Statutes; (iii) Rules 38F and
38I, Florida Administrative Code; and (iv) Florida Department of Transportation Manual
of Traffic Control and Safe Practices;
(g) Provide the County public performance and payment bonds in the amount
of one hundred percent (100%) of the estimated construction cost of each Project, which
bond(s) shall meet the requirements of Section 255.05, Florida Statutes. Such bond(s)
shall be written by a surety licensed to do business in the State of Florida and otherwise
acceptable to the County; provided, however, that the surety shall be rated as "A-1" or
better as to general policy holders rating as reported in the most current Best Key Rating
Guide, published by A.M. Best Company, Inc. Such bond(s) shall be recorded in the
Public Records of Indian River County, Florida, by Verotown prior to the
commencement of any such work on any Project;
(h) Require that all contractors or subcontractors for the Projects maintain
commercially reasonable insurance and cause the County, the MLB Entities and
Verotown to be named as additional insureds on all required policies, except worker's
compensation;
(i) Require all contractors and subcontractors to indemnify and hold harmless
the County, MLB Entities and Verotown and its officers, and agents, directors, and
employees;
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0) Require an agreement with all contractors and subcontractors representing
that the County and Verotown are third -party beneficiaries of the contract, entitled to
enforce any rights thereunder for their respective benefits, and that, subject to the terms
of the applicable contract, the County and Verotown shall have the same rights and
remedies vis-a-vis such contractors and subcontractors that the other party has including,
without limitation, the right to be compensated for any loss, expense or damage of any
nature whatsoever incurred by the County (or Verotown, as applicable), resulting from
any breach of such contract, any breach of representations and warranties, if any, implied
or expressed, arising out of such agreements and any error, omission or negligence of
such contractor or subcontractor in the performance of any of its obligations under such
contract;
(k) Obtain prior County approval, not to be unreasonably withheld,
unreasonably conditioned, or unreasonably delayed for any change orders on the Projects
that would amend the scope or quality of the Project, the time for completion of the work,
or the amount of compensation due for the work;
(1) Plan, organize, supervise, monitor, direct, and control the work on the
Projects to ensure that it is done competently and efficiently and in accordance with the
design and budget and protect the work from loss due to weather, theft, or other cause.
Neither the County nor County Funds shall be used to pay any Project costs to the extent
that they directly arise from the negligence or willful misconduct of Verotown after the
Effective Date;
(m) Employ adequate safety precautions to prevent damage, injury or loss to
personnel, the work, the Projects, the Facility and other property at the Facility or
adjacent thereto;
(n) Provide the County with copies of all Project files, reports, warranties,
design documents and as-builts and assign all warranties to the County, which shall
include a minimum one-year warranty that the Projects and any materials and equipment
furnished thereunder shall be of good quality, free of all defects and in conformance with
the approved design;
(o) Allow the other party reasonable access to the Projects for observation,
inspection, and testing; and
(p) Manage the appropriately licensed contractors to ensure that any work not
conforming to the Project designs and requirements is corrected or removed and replaced.
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ARTICLE IX
DOCUMENTS AND CERTIFICATES
Section 9.01. Documents and Certificates. Subject to the provisions of Section 3.04,
each party shall supply to the other such documents and certificates as are reasonably available
or procurable, and necessary for any purpose reasonably related to the obligations of the parties,
including, but not limited to, the County's funding or administration of this Agreement and
ownership of the Facility, or to consummate the transactions or objectives described in this
Agreement.
ARTICLE X
DEFAULT / REMEDIES
Section 10.01. Verotown's Default. The occurrence of any one or more of the following
material events in this Section 10.01 shall constitute a "Default" by Verotown under this
Agreement:
(a) Failure by Verotown to observe or perform in any material respect any
covenant, agreement, condition, or provision of this Agreement, if such failure continues
for thirty (30) days after written notice thereof has been delivered by the County to
Verotown; provided, however, that Verotown will not be in Default with respect to
matters which cannot reasonably be cured within thirty (30) days so long as within such
thirty (30) day period, Verotown commences such cure and diligently proceeds to
complete the same thereafter. However, in no event shall a cure period for a Default
continue for more than three hundred sixty-five (365) days;
(b) The levy upon, under execution or the attachment by legal process,
Verotown's interest hereunder, or the filing or creation of a lien in respect of such
interest, which levy, attachment, or lien is not released, discharged or bonded against
within one hundred eighty (180) days from the date of such filing;
(c) Verotown is finally adjudicated insolvent or bankrupt or admit in writing
their inability to pay its debts as they mature, or make an assignment for the benefit of
creditors, or apply for or consent to the appointment of a trustee or receiver for Verotown
or for the major part of its property;
(d) A trustee or receiver is appointed for Verotown or for the major part of
their property and such trustee or receiver is not discharged within one hundred eighty
(180) days after such appointment; or,
(e) Bankruptcy, reorganization, arrangement, insolvency or liquidation
proceedings, or any other proceedings for relief under any bankruptcy law, or similar law
for the relief of debtors, are instituted by or against Verotown, and, if instituted against
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Verotown, are allowed against Verotown or are consented to by Verotown or are not
dismissed within 180 days after such institution, to the extent permitted by law.
Section 10.02. County Default. In the event of any failure by the County to observe or
perform any material covenant, agreement, condition, or provision of this Agreement wherein
Verotown's remedies on account thereof are not otherwise specifically provided for in this
Agreement or any of the County's representations in this Agreement are untrue as of the
Effective Date, and if such failure shall continue for thirty (30) days after written notice thereof
has been delivered by Verotown to the County, then the County will be deemed to be in Default
hereunder; provided, however, that the County will not be in Default with respect to matters
which cannot reasonably be cured within thirty (30) days so long as within such thirty (30) day
period, the County commences such cure and diligently proceeds to complete the same
thereafter. However, in no event shall a cure period for a Default continue for more than three
hundred sixty-five (365) days.
Section 10.03. Remedies. In the event of a Default by either party (other than a
Cessation of Use by Verotown), the party not in Default will be entitled, as a non-exclusive
remedy, and in addition to or in lieu of an action for damages, to seek an injunction or decree for
specific performance or equitable relief from a court of competent jurisdiction to enjoin or
remedy the Default. If a Default occurs, the non -defaulting party will have the rights and
remedies set forth in this Agreement, which will be distinct, separate, and, to the extent not
mutually exclusive, cumulative, and will not operate to exclude or deprive the non -defaulting
parry of any other right or remedy allowed it by law or equity.
Section 10.04. Cessation of Use by Verotown. If, at any time during the Initial Term
(and any Renewal Term), Verotown ceases to permanently operate the Facility as described in
Section 5.01 hereof, such event will constitute a "Cessation of Use" of the Facility by Verotown.
Notwithstanding anything to the contrary contained in this Agreement, a Cessation of Use of the
Facility by Verotown will entitle the County to terminate this Agreement by giving Verotown ten
(10) days' written notice of termination. Verotown will have ten (10) days after receipt of the
aforementioned notice of termination to renounce the Cessation of Use by confirming to the
County its intention to continue to use the Facility during the Term in the manner described in
Section 5.01 hereof and in fact demonstrating that it is reasonably complying with its operational
covenant. A termination pursuant to the provisions of this Section 10.04 will become effective
upon the expiration of Verotown's ten (10) day cure period, or its repeated failure to demonstrate
that it is reasonably complying with its operational covenant as provided by this Section after
notice by the County.
Section 10.05. Termination. Notwithstanding any other provisions contained in this
Agreement, Verotown has the right to terminate this Agreement for its convenience upon three
hundred sixty-five (365) days' written notice to the County. Verotown shall fully perform the
terms and obligations of this Agreement during such three hundred sixty-five (365) day notice
period. A termination pursuant to this Section 10.05 shall not be an event of Default.
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ARTICLE XI
ENFORCEABILITY
Section 11.01. Binding Effect; Enforceability. The terms and provisions set forth in this
Agreement shall be binding and enforceable by and against the parties in accordance with the
terms hereof.
ARTICLE XII
ASSIGNMENT / SUBLEASE
Section 12.01. Assignment. This Agreement may not be assigned by either party
without the prior written consent of the other party, except that this Agreement may be assigned
by Verotown to any person or entity who acquires franchise rights to a Major League Baseball
Club (by any form of acquisition) or any other MLB Entity, with the approval of MLB, provided
that any such assignee explicitly assumes in writing Verotown's duties and responsibilities under
this Agreement (in which case the liability of Verotown will cease with respect to liabilities
accruing from and after such transfer).
Section 12.02. Sublease.
(a) Verotown may sublease, at any time during the Term, any portion of the
Facility involving ancillary uses, for ongoing retail, commercial and/or professional
purposes as long as such activity meets all local zoning codes and remains an activity
permitted by Section 5.01 hereof. All revenues derived from subletting any of the
foregoing will be retained solely by Verotown. Any such sublease will remain
subordinate to this Lease.
(b) Verotown will not sublease the Facility or any portion thereof without the
prior written approval of the County, which approval shall not be unreasonably withheld,
unreasonably conditioned or unreasonably delayed, and no such sublease will be for a
term which extends beyond the underlying lease term without the express prior written
consent of the County.
ARTICLE XIII
MISCELLANEOUS
Section 13.01. Notices. Any notice required by or permitted under this Agreement shall
be in writing and shall be deemed delivered when delivered by hand or by overnight delivery
service, addressed as follows (or to such other address as a party shall inform the other party):
If to the County: Indian River County
180127 1h Street
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Vero Beach, Florida 32960-3388
Attention: County Administrator
Phone: (772) 226-1408
Fax: (772) 978-1822
Copy to: Nabors, Giblin & Nickerson, P A
1500 Mahan Drive, Suite 200
Tallahassee, Florida 32308
Attention: Heather J. Encinosa, Esq.
Phone: (850) 224-4070
Fax: (850) 224-4073
If to Verotown: Verotown, LLC
c/o Major League Baseball
245 Park Avenue
New York, New York 10167
Attention: General Counsel
Copy to: BakerHostetler, LLP
200 S. Orange Avenue, Suite 2300
Orlando, Florida 32801
Attention: Gregory D. Lee
Phone: (407) 649-4096
Fax: (407) 841-0168
Section 13.02. Amendment. This Agreement may be amended only in writing executed
by both parties.
Section 13.03. Entire Agreement. This Agreement, including its exhibits, constitutes the
entire agreement between the parties and supersedes all prior or contemporaneous, agreements
(whether oral or written) between them.
Section 13.04. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Florida.
Section 13.05. Counterparts. This Agreement may be executed in two or more
counterparts which have been signed and delivered by each of the parties (a party may execute a
copy of this Agreement and deliver it by electronic transmittal; provided, however, that any such
party shall promptly deliver an original signed copy of the Agreement).
Section 13.06. Jurisdiction and Venue. The exclusive, convenient, and proper venue for
any legal proceeding arising out of, or related to, this Agreement will be any court in the State of
Florida having jurisdiction over such matter. Moreover, all parties to this Agreement, persons
and entities alike, consent to the personal jurisdiction of any court in the State of Florida having
jurisdiction over such matter, and irrevocably waive any objections to said jurisdiction.
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Section 13.07. Effective Date. This Agreement shall be effective on the Effective Date.
Section 13.08. Time of Essence. Time is of the essence in the performance of this
Agreement.
Section 13.09. Damage to Property. Unless Verotown has actual knowledge of the
presence of property owned or leased or otherwise in the possession, control, or custody of the
County that is wrongly or incorrectly on the Facility (the "County Property"), Verotown will not
have any liability for loss or damage to such County Property unless such damage is caused
solely or partially by Verotown's gross negligence or willful misconduct, in which case
Verotown shall be liable for only the portion so caused.
Section 13.10. Consequential Damages. Except as provided in Section 8.04(e) of this
Agreement, neither party nor any of its contractors, subcontractors, suppliers, or vendors shall
be liable to the other for any punitive, special, incidental, indirect, consequential or other similar
damages that do not flow directly and immediately from the wrongful act or negligence of the
party at fault, whether caused by said party's negligence, errors, omissions, strict liability, breach
of contract, breach of warranty or other cause or causes whatsoever, including but not limited to,
additional labor, energy, financing or interest costs, loss of use or delay, loss of profits or
revenue, fines or penalties assessed for failure to comply with any law or regulation, and
damages suffered by third parties, but not including attorney's fees as provided in Article XIV of
this Agreement. To the extent permitted by law, each party hereby releases the other party and
the other party's subcontractors, suppliers and vendors therefrom.
Section 13.11. Headings. The headings used herein are for convenience of reference
only and will not constitute a part hereof or affect the construction or interpretation hereof.
Section 13.12. Severability. If any clause, provision, or section hereof is held illegal,
invalid, or unenforceable by any court, the illegality, invalidity, or unenforceability of such
clause, provision or section will not affect any of the remaining clauses, provisions, or sections
hereof, and this Agreement will be construed and enforced as if such illegal, invalid, or
unenforceable clause, provision or section had not been contained herein.
Section 13.13. Waiver. No failure on the part of any party to exercise, and no delay in
exercising, and no course of dealing with respect to any right hereunder, will operate as a waiver
thereof, nor will any single or partial exercise of any right hereunder preclude any other or
further exercise thereof or the exercise of any other right or remedy provided at law or in equity,
except as expressly set forth in this Agreement.
Section 13.14. Terminology. All personal pronouns used herein, whether used in the
masculine, feminine, or neuter gender, will include the singular.
Section 13.15. Third Party Beneficiary. No person other than Verotown, the County, the
Indemnified County Parties, the Indemnified Verotown Parties, and the permitted successors and
assigns of such, have any rights whatsoever under this Agreement.
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Section 13.16. Radon Notice. Chapter 88-285, Laws of Florida, requires the following
notice to be provided with respect to the contract for sale and purchase of any building, or a
rental agreement for any building, and the parties hereto acknowledge and confirm receipt of the
following:
"RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and
state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county health
department."
Section 13.17. Estoppel Certificates. At any time, within twenty (20) days after request
by either party, the other party shall certify in writing to the requesting party, or any person
specified by the requesting party, to the effect (a) whether this Agreement is unmodified and in
full force and effect (or if there has been modification, that the same is in full force and effect as
modified and setting forth such modification); (b) whether or not to the best of the other party's
knowledge, the requesting party is in Default hereunder; and (c) any other information which the
requesting party reasonably requests to be confirmed. Any such request shall utilize a form of
estoppel certificate substantially similar to the one attached hereto as Exhibit "E" to this
Agreement.
ARTICLE XIV
INDEMNIFICATION AND INSURANCE
Section 14.01. Indemnification by Verotown. To the fullest extent .permitted by law,
Verotown shall indemnify, protect, and hold the County and its officers, agents, and employees
acting on behalf of the County, and its respective successors and assigns (collectively, the
"Indemnified County Parties") harmless from and defend the Indemnified County Parties against
any and all "liabilities" (as hereinafter defined) for any "bodily injury" (as hereinafter defined) or
"property damage" (as hereinafter defined) whatsoever arising out of or resulting from any
Default by Verotown and/or occurring in, on, or about the Facility to the extent such injury or
damage is caused by the negligent or intentionally wrongful actions or omissions of Verotown,
or Verotown's agents, contractors or employees, but not any claim relating to negligent or
intentionally wrongful actions or omissions of the contractors or subcontractors engaged to
perform the roofing repairs or replacements provided in Section 8.04(b). In the case of any action
or proceeding being brought against the Indemnified County Parties by reason of any such claim,
the County shall have the right, at County's election, to either: (i) cause Verotown to defend such
claim at Verotown's sole cost and expense with counsel reasonably satisfactory to the County or
(ii) defend the same at Verotown's sole but reasonable cost and expense by counsel satisfactory
to the County. In any claim under this Section 14.01, Verotown shall be obligated to cooperate
with the County and the County's counsel.
Verotown shall not be liable to the County for any portions of losses that are caused by
the negligent or willful misconduct of the Indemnified County Parties or third parties and any
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liability of Verotown shall be reduced proportionately to the extent of any contributory fault
chargeable to the County or a third party. Verotown shall not have the right to admit fault on
behalf of the Indemnified County Parties in connection with any such contributory claim without
the County's consent, which shall not be unreasonably withheld, unreasonably conditioned or
unreasonably delayed.
Section 14.02. Indemnification by the County. To the fullest extent permitted by law
without waiving any sovereign immunity, the County shall indemnify, protect, and hold
Verotown, and all other MLB Entities and their owners, and their officers, directors, members,
agents, and employees acting on behalf of Verotown, and each of their respective successors and
assigns (collectively, the "Indemnified Verotown Parties") harmless from and defend the
Indemnified Verotown Parties against any and all "liabilities" (as hereinafter defined) for any
"bodily injury" (as hereinafter defined) or "property damage" (as hereinafter defined),
whatsoever arising out of or resulting from any Default by the County and/or occurring in, on, or
about the Facility to the extent such injury or damage is caused by the negligent or intentionally
wrongful actions or omissions of the County, or the County's agents, contractors or employees.
In the case of any action or proceeding being brought against the Indemnified Verotown Parties
by reason of any such claim, Verotown shall have the right, at Verotown's election, to either: (i)
cause the County to defend such claim at the County's sole cost and expense with counsel
reasonably satisfactory to Verotown or (ii) defend the same at the County's sole but reasonable
cost and expense by counsel satisfactory to Verotown; provided, however, the County shall only
be required to reimburse Major League Baseball Clubs for attorneys' fees attributable to no more
than two (2) law firms or other legal counsel and the County shall only be required to reimburse
the BOC, Major League Baseball Properties, Inc., The MLB Network, LLC, MLB Advanced
Media, L.P. and/or Tickets.com, LLC for attorney's fees for a single, joint defense. In any claim
under this Section 14.02, the County shall be obligated to cooperate with Verotown and
Verotown's counsel.
The County shall not be liable to Verotown for any portions of losses that are caused by
the negligent or willful misconduct of the Indemnified Verotown Parties or third parties and any
liability of the County shall be reduced proportionately to the extent of any contributory fault
chargeable to Verotown or a third party. The parties acknowledge that the County is a
governmental entity and political subdivision of the State of Florida entitled to all privileges and
immunities accorded to the state, including sovereign immunity, and in accordance with this
acknowledgment, the parties hereby agree that the County does not waive its sovereign immunity
and nothing in this Agreement shall expose the County to any liability in excess of the statutory
limits provided in Section 768.28, Florida Statutes, as it may be amended. The County shall not
have the right to admit fault on behalf of the Indemnified Verotown Parties in connection with
any such contributory claim without Verotown's consent, which shall not be unreasonably
withheld, unreasonably conditioned or unreasonably delayed.
Section 14.03. Definitions. As used in this Agreement, "liabilities" means all liabilities,
claims, damages (excluding consequential damages), losses, penalties, litigation, demands,
causes of action (whether in tort or contract, in law or equity or otherwise), suits, proceedings,
judgments, disbursements, charges, assessments, and expenses (including reasonable attorneys'
and experts' fees and expenses incurred in investigating, defending, or prosecuting any litigation,
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claim or proceeding whether out of court, at trial or in any appellate or administrative
proceeding). "Bodily injury" means bodily injury, sickness or disease sustained by a person,
including death resulting from any of the foregoing. "Property damage" means physical injury to
tangible property, including all resulting loss of use of that property, or loss of use of tangible
property that is not physically injured.
Section 14.04. Independent Provisions. The provisions of Sections 14.01 through 14.03
are independent of, and will not be limited by, any insurance obligations in this Agreement, and
will survive the expiration or earlier termination of this Agreement with respect to any claims or
liability arising in connection with any event occurring prior to such expiration or termination.
Section 14.05. Insurance. Commencing upon the Effective Date and throughout the
Initial Term and any Renewal Terms, the parties shall maintain, at their sole cost, the following
insurance:
(a) A commercial general liability insurance policy in an occurrence form
covering bodily injury and property damage liability, as well as personal and advertising
injury liability, in a minimum amount of Two Million and No/100 Dollars
($2,000,000.00) per occurrence and Four Million and No/100 Dollars ($4,000,000.00) in
the aggregate. The commercial general liability insurance policy in an occurrence form
shall also include contractual liability coverage including a Broad Form Endorsement
covering the insurance provisions of this Agreement and the performance by each party
of their indemnification provisions set forth in this Agreement.
(b) Special form (all risk) property insurance covering (1) with respect only to
Verotown, the Facility, including, but not limited to, any additional improvements
undertaken by Verotown, and all of Verotown's personal property located at the Facility
in an amount not less than one hundred (100%) percent of their actual replacement costs
from time to time existing during the Term of this Agreement, providing protection
against any peril included within the classification "all risks" of physical loss or damage,
together with insurance against sprinkler damage, vandalism, malicious mischief, and
water damage of any type and theft; and (2) with respect only to the County: all of the
County's personal property located at the Facility. It is understood and agreed that the
County is responsible for any deductibles under both its and Verotown's property
insurance. The deductible shall not exceed $100,000, except that the Named Storm
deductible and Flood deductible shall not exceed five percent (5%) of the total insurable
value.
(c) Automobile Liability Insurance, covering owned, non -owned, leased or
hired automobiles, with a minimum combined single limit of One Million and No/100
Dollars ($1,000,000.00) each accident.
(d) Workers' Compensation insurance in accordance with Florida statutory
requirements with employer's liability limits of Five Hundred Thousand Dollars
($500,000.00) for each accident, Five Hundred Thousand Dollars ($500,000.00) for each
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disease in the aggregate, and Five Hundred Thousand Dollars ($500,000.00)per disease
for each employee.
(e) All of the insurance policies required under Sections 14.05(a) through
14.05(d), inclusive, shall be affected from insurance companies recognized by and
authorized to do business in the State of Florida. Each party shall be required to provide
the other party with at least thirty (3 0) days' written notice of any cancellation or material
coverage change. Each party shall be provided with a duly executed Certificate of
Insurance for each such policy evidencing compliance with all insurance provisions noted
above prior to the Effective Date and annually prior to the expiration of each required
insurance policy. The policies required under Sections 14.05(a) through 14.05(d),
inclusive, shall specifically provide by endorsement that the other party is an additional
insured on a primary and noncontributory basis in connection with the operations of the
named insured. It is understood and agreed that such endorsement may be a blanket
additional insured endorsement as required by written contract. Such insurance shall also
incorporate a severability of interest or separation of insureds provision. With respect to
the policies required under Sections 14.05(a), 14.05(c) and 14.05(d), Verotown and the
County hereby agree to a mutual waiver of rights of subrogation any insurer of Verotown
or the County may acquire from Verotown or the County by virtue of payment of any
loss with respect to the Facility. Both parties agree to obtain any endorsement that may
be necessary to effect this waiver of subrogation.
(f) If either party fails to furnish the Certificate(s) of Insurance as required
above, the other party may, after notice and an opportunity to cure as set forth in this
Agreement, obtain the insurance, and the reasonable premiums on that insurance shall be
paid to that parry on demand.
(g) Any insurance required under this Agreement may be furnished under a
blanket policy so long as and provided such policy complies with all other terms and
conditions contained in this Agreement.
ARTICLE XV
FORCE MAJEURE; CONDEMNATION
Section 15.01. Force Majeure Event. Should any fire or other casualty, act of God,
earthquake, flood, hurricane, lightning, tornado, epidemic, landslide, war, riot, civil commotion,
general unavailability of materials, strike, slowdown, labor dispute, governmental laws or
regulations, or other occurrence beyond Verotown's or County's control ("Force Majeure
Event") prevent performance of this Agreement in accordance with its provisions, performance
of this Agreement by either party will be suspended or excused to the extent commensurate with
such occurrence, except as specifically provided herein.
Section 15.02. Partial Destruction. In the event of a partial destruction of the Facility
and Verotown determines, in its sole discretion, that the undamaged portion of the Facility is still
suitable for the purposes and operations described in Section 5.01 hereof, then this Agreement
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199
will continue in full force and effect with no adjustments in the obligations of the parties, and
Verotown, shall restore the Facility as soon as possible from the applicable insurance proceeds.
If the applicable insurance proceeds are not sufficient to restore the Facility to its previous
condition, then, the balance shall be split and paid equally by Verotown and the County or,
alternatively, either party may elect to terminate this Agreement by written notice to the other
party within sixty (60) days of learning the extent to which insurance proceeds will be
insufficient to restore the Facility. Said termination shall not be an event of Default and the
termination shall be effective as of the date the notice of termination is received by the non -
terminating party.
Section 15.03. Facility Not Suitable for Use. With the exception of the roofing repairs or
replacement projects set forth in Section 8.04(b) hereof, in the event of total or partial destruction
or damage of the Facility, if Verotown determines in its sole discretion that the Facility is not
suitable for their operations and/or cannot be used as a venue for the purposes described in
Section 5.01 hereof, then the following shall apply:
(a) Verotown may provide written notice to the County stating its
determination that the Facility is not suitable for use and it has a desire to repair and
restore the Facility and this Agreement will be suspended immediately until the Facility
is reasonably suitable for Verotown's operations when taken as a whole. In the event
Verotown elects to repair and restore the Facility under this Section 15.03(a), within
twelve (12) months (or sooner if reasonably practical) of the event of such total or partial
destruction or damage, Verotown shall begin to repair or rebuild the Facility using the
proceeds from the property insurance for that purpose and, through cooperation and
coordination with the County, shall diligently pursue such repair or rebuilding until
completed. If the applicable insurance proceeds are not sufficient to repair or restore the
Facility to its previous condition, then the balance shall be split and paid equally by
Verotown and the County or, alternatively, either party may elect to terminate this
Agreement by written notice to the other party within sixty (60) days of learning the
extent to which insurance proceeds will be insufficient to restore the Facility.
Termination pursuant to this Section 15.03(a) shall not be an event of Default and the
termination shall be effective as of the date the notice of termination is received by the
non -terminating party. Once Verotown contracts with an architect, engineer or design
build firm to draw plans for the repair or rebuilding of the Facility, Verotown will be
deemed to have begun the repair or rebuilding of the Facility. This Agreement will
continue to be suspended (and the Term or applicable Renewal Term shall be extended)
until the Facility is reasonably suitable for Verotown's operations or as a venue for the
purposes described in Section 5.01; or
(b) Verotown may provide written notice to the County stating its
determination that the Facility is not suitable for use and terminate this Agreement. The
County and Verotown shall work proactively and in good faith to vacate the Facility and
wind down any financial obligations including the disbursement of insurance proceeds
and Capital Reserve Account funds in accordance with the terms hereof. Termination
pursuant to this Section 15.03(b) shall not constitute a Default hereunder and shall be
36
200
effective as of the date County receives written notification of such election to terminate
from Verotown.
(c) In the event this Agreement is terminated pursuant to Section 15.03(a) or
15.03(b), available insurance proceeds relating to the total or partial destruction or
damage to the Facility shall be distributed to the County and Verotown based on their
respective pro -rata investments in the Facility, including but not limited to, Capital
Improvements, County Improvements, Verotown Improvements and the County's
investment in acquiring and improving the Facility.
Section 15.04. Condemnation.
(a) The County shall promptly forward to Verotown any notices which may be
received by the County regarding a proposed, threatened or actual appropriation,
condemnation or other action under power of eminent domain which affects the Facility
or any adjacent accessways, driveways or rights of way.
(b) If a portion of the Facility is condemned or taken such that the Facility is still
suitable for Verotown's operations when taken as a whole, as determined by Verotown in
its commercially reasonable judgment of Verotown, then Verotown shall, to the extent
condemnation proceeds are made available to it, make necessary repairs to and alterations of
the Facility for the purpose of restoring same to as close to the same condition (as
reasonably practicable) that existed prior to such condemnation or taking. If the
condemnation proceeds made available to Verotown are not sufficient to repair or restore
the Facility to its previous condition, then the balance shall be split and paid equally by
Verotown and the County or, alternatively, either party may elect to terminate this
Agreement by written notice to the other party within sixty (60) days after entry of the
final order of taking by the applicable governmental authority. Regardless of whether
Verotown terminates this Agreement as a result of a partial taking as set forth in this
subsection (b), Verotown reserves unto itself the right to prosecute its claim for an award for
damages against the condemning authority for its loss of its interest under this Agreement,
or any portion thereof, caused by such taking, together with damages based on the value of
the Verotown Improvements not purchased or reimbursed by County Funds, any additional
improvements performed at Verotown's expense, any Verotown Equipment not purchased
or reimbursed by County Funds, personalty or other FF&E not purchased or reimbursed by
County Funds, and the damages Verotown may sustain to its operations on or at the Facility,
including, but not limited to, an award for the use of any temporary construction easement
area on the Facility, good will, patronage and the removal, relocation and replacement costs
and expenses caused by such taking.
(c) If the whole of the Facility or such portion thereof is condemned or taken
such that the Facility is not suitable for Verotown's operations when taken as a whole, as
determined by Verotown in its commercially reasonable judgment of Verotown, this
Agreement shall automatically terminate upon Verotown's receipt of the entry of the final
order of taking by the applicable governmental authority. In the event of such
termination, Verotown reserves unto itself the right to prosecute its claim for an award for
37
201
damages against the condemning authority for its loss of its interest under this Agreement,
or any portion thereof, caused by such taking, together with damages based on the value of
the Verotown Improvements not purchased or reimbursed by County Funds, any additional
improvements performed at Verotown's expense, any Verotown Equipment not purchased
or reimbursed by County Funds, personalty or other FF&E not purchased or reimbursed by
County Funds, and the damages Verotown may sustain to its operations on or at the Facility,
including, but not limited to, an award for the use of any temporary construction easement
area on the Facility, good will, patronage and the removal, relocation and replacement costs
and expenses caused by such taking.
ARTICLE XVI
ADDITIONAL IMPROVEMENTS
Section 16.01. Additional Improvements. Nothing contained in this Agreement will
restrict or prohibit Verotown from making improvements to the Facility which are not described
as Verotown Improvements in this Agreement; provided that Verotown will notify the County of
such additional improvements before Verotown undertakes to make them, obtain the County's
prior written consent to such improvements, which shall not be unreasonably withheld,
unreasonably conditioned or unreasonably delayed and complies with Section 8.06 of this
Agreement.
ARTICLE XVII
ZONING AND PERMITTING
Section 17.01. Zoning and Permitting. It is the sole obligation of Verotown, with
assistance from the County, but not at County expense, to obtain any permits and/or zoning
changes which may be required to construct any improvements which Verotown may hereafter
desire to make to the Facility. The County, acting solely in its capacity as the fee owner of the
Land, shall cooperate with Verotown as may be reasonably required, to enable Verotown to
obtain any permits and/or zoning changes for the Improvements and any additional
improvements, including, but not limited to, by joining in any applications for such permits
and/or zoning changes. The County hereby represents to the best of its knowledge that the Land
is currently zoned for the intended uses set forth in this Agreement.
ARTICLE XVIII
CONSENTS AND APPROVALS
Section 18.01. Granting or Failure to Grant Approvals or Consents. All consents and
approvals which may be given by a party under this Agreement will, as a condition of their
effectiveness, be in writing. The granting by a party of any consent to or approval of any act
requiring consent or approval under the terms of this Agreement, or the failure on the part of a
party to object to any such action taken without the required consent or approval, will not be
38
202
deemed a waiver by the parry whose consent was required of its right to require such consent or
approval for any other act.
Section 18.02. Standard. Unless this Agreement specifically provides for the granting of
consent or approval at a parry's sole discretion, then consents and approvals which may be given
by a party under this Agreement will not (whether or not so indicated elsewhere in this
Agreement) be unreasonably withheld, unreasonably conditioned or unreasonably delayed by
such party and will be given or denied within the time period provided, and if no such time
period has been provided, within a reasonable time. Upon disapproval of any request for a
consent or approval, the disapproving party shall, together with notice of such disapproval,
submit to the requesting party a written statement setting forth with specificity its reasons for
such disapproval.
Section 18.03. Deemed Approval. If a party entitled to grant or deny its consent or
approval (the "Consenting Party") within thirty (30) days (or a shorter specified time period)
fails to do so, then, provided that the request for consent or approval bears the legend set forth
below in capital letters and in a type size which is not less than that provided below, the matter
for which such consent or approval is requested will be deemed consented to or approved, as the
case may be:
"FAILURE TO RESPOND TO THIS REQUEST WITHIN THE TIME
PERIOD PROVIDED IN THE FACILITY LEASE AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND MLB WILL
CONSTITUTE AUTOMATIC APPROVAL OF THE MATTERS
DESCRIBED HEREIN WITH RESPECT TO SECTION
[ I OF SUCH FACILITY LEASE AGREEMENT."
Section 18.04. Approvals for the County. The County hereby agrees that, subject to
applicable laws and regulations, the County Administrator (or the County Administrator's
authorized designee) is authorized to grant consents or approvals on behalf of the County with
respect to this Agreement.
Section 18.05. No Fees, etc. Except as otherwise expressly authorized in this
Agreement, no fees or charges of any kind or amount will be required by either party hereto as a
condition of the grant of any consent or approval which may be required under this Agreement
(provided that the foregoing will not be deemed in any way to limit the County acting in its
governmental, as distinct from its proprietary, capacity from charging governmental fees on a
nondiscriminatory basis).
[REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK]
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203
IN WITNESS THEREOF, the undersigned have executed this Agreement as of the day
and year first above written.
[Seal] INDIAN RIVER COUNTY, FLORIDA
AS LESSOR
Date: By:
Its: Chair
Attest:
Clerk of the Circuit Court
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Special County Attorney
STATE OF FLORIDA )
)ss:
COUNTY OF INDIAN RIVER )
The foregoing instrument was acknowledged before me this day of
, 2018, by , as Chair of Indian River
County, Florida, a political subdivision of the State of Florida, on behalf of such political
subdivision. He/She is personally known to me or produced a valid driver's license as
identification.
Notary Public
Print Name:
My commission expires:
40
204
IN WITNESS THEREOF, the undersigned have executed this Agreement as of the day
and year first above written.
[Seal]
STATE OF
COUNTY OF
VEROTOWN, LLC
By: Office of the Commissioner of Baseball, its
Sole Member
By:
Name:
Title:
Attest:
Secretary
)ss:
The foregoing instrument was acknowledged before me this day of
, 2018, by, as of Verotown, a
corporation, on behalf of such entity. He is personally known to me or produced a valid driver's
license as identification.
Notary Public
Print Name:
My commission expires:
41
205
CLERK OF THE CIRCUIT COURT
OF INDIAN RIVER COUNTY, FLORIDA
STATE OF FLORIDA )
)ss:
COUNTY OF INDIAN RIVER )
The foregoing instrument was acknowledged before me this day of
, 2018, by , as Clerk of the Circuit Court
of Indian River County, Florida. He/She is personally known to me or produced a valid driver's
license as identification.
Notary Public
Print Name:
My commission expires:
42
206
EXHIBITS
Exhibit "A" Legal Description and Map of Land and Facility
Exhibit `B" Parking License Agreement
Exhibit "C" Description of FF&E
Exhibit "D" Requisition Request
Exhibit "E" Estoppel Certificate
Exhibit "F" Schedule of Non -Ad Valorem or Special Assessments
43
207
Exhibit "A"
Legal Description and Map of Land and Facility
44
208
Exhibit "B"
Parking License Agreement
45
209
Exhibit "C"
Description of FF&E
46
210
Exhibit "D"
Requisition Request
47
211
REQUISITION REQUEST NO.
DATE:
TOTAL DISBURSEMENT REQUESTED: $
REFERENCE: Facility Lease Agreement dated as of December , 2018 (the "Lease")
between Verotown, LLC, as lessee ("Verotown"), and Indian River
County, Florida, as lessor (the "County")
as the Capital Reserve Account Agent (the "Capital Reserve
Account Agent") is hereby requested to disburse from the Capital Reserve Account established
in the Lease to the person, firm or corporation designated below as Payee, the sum set forth
below such designation, in payment of the cost of the items of authorized capital improvements,
eligible maintenance, repairs or replacements pursuant to the Lease.
The undersigned, on behalf of Verotown, hereby directs and instructs the Capital Reserve
Account Agent to pay $ in accordance with the invoices attached hereto as Exhibit A,
and certifies in connection with such direction that:
(a) The items described on Exhibit "A" hereto represent authorized capital improvements,
eligible maintenance, repairs or replacements which have been constructed or installed at the
Facility and the construction or installation of such authorized capital improvements, eligible
maintenance, repairs or replacements has been completed on or before the date hereof,
(b) Verotown has conducted such inspection and/or testing of the authorized capital
improvements, eligible maintenance, repairs or replacements as they deem necessary and
appropriate and have accepted the same; and
(c) The authorized capital improvements, eligible maintenance, repairs or replacements
described on Exhibit "A" hereto are covered against all risks pursuant to the policy of insurance
required by the Lease.
In the event Verotown is to be reimbursed for invoices previously paid by Verotown for such
items, written evidence of such prior payment and the amount thereof is also attached to this
Requisition Request.
Attached hereto are the following (check each item attached), each of which is true and correct in
all respects:
(___) A true copy of the applicable purchase order;
U Bills of sale for any component of the capital improvements, maintenance, repair
or replacement for which a bill of sale may be delivered; and/or
(___) A true copy of the Payee's statement or invoice.
48
212
4. Please disburse the following amount to the following Payee (if more than one Payee,
please attach additional pages hereto setting forth the following information):
Payee:
Amount:
Address:
Invoice No.:
5. To induce the County to approve this Requisition and authorize the Capital Reserve
Account Agent to disburse funds held in the Capital Reserve Account, the undersigned certifies
that there are no outstanding construction liens against the Facility.
6. The following constitutes an itemized list of attachments to this certificate (if applicable):
(a) Contractor's Application for Payment (AIA Forms G702 and G703).
(b) Architect's Certificate (AIA Forms G702 and G703).
[Remainder of page intentionally left blank.]
49
213
Exhibit "E"
Estoppel Certificate
ESTOPPEL CERTIFICATE
In connection with (the " ") being made by
a company, its successors and assigns
(" ") to ("County/Verotown"), the undersigned
("County/Verotown") states, represents and warrants to as follows:
(a) County entered into a certain Amended and Restated Facility Lease Agreement
with Verotown dated [and amended by that certain
to Tenant
dated ] ([collectively,] the "Lease") leasing
a portion of the premises commonly known as
(the "Pro e ").
(b) The description of the Lease is true, correct and complete, including all
amendments, supplements and modifications thereto. Attached hereto as Attachment A is a
true, correct and complete copy of the Lease. County/Verotown has properly executed the Lease
and the Lease is in full force and effect.
(c) Verotown has accepted possession of the Facility, and all items to be performed
by County/Verotown have been completed, except as follows (if none, so state):
(d) To the best of the undersigned's knowledge, no default on the part of
County/Verotown exists under the Lease in the performance of the terms, covenants and
conditions of the Lease required to be performed on the part of County/Verotown other than:
(e) Other information reasonably requested:
(f) County/Verotown acknowledges and agrees that
the representations and warranties contained in this Certificate.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURE PAGE FOLLOWS]
is relying on
50
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COUNTY / VEROTOWN:
OR
Date: , 20
Name:
Its:
215
Attachment A to Estoppel Certificate
COPY OF LEASE
216
Exhibit "F"
Schedule of Non -Ad Valorem or Special Assessments
County Landfill Fee
217
PARCEL I -C
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS,
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 33 SOUTH,
RANGE 39 EAST, PROCEED NORTH 89°45'39" WEST, A DISTANCE OF 1997.62 FEET
TO A POINT; THENCE SOUTH 04°15'11" WEST, A DISTANCE OF 30.07 FEET TO A
POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF AIRPORT DRIVE (A/K/A 34th
AVENUE, A 90 FOOT RIGHT-OF-WAY) SAID POINT BEING THE POINT OF
BEGINNING; THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY LINE
SOUTH 10036'49" WEST, A DISTANCE OF 37.55 FEET TO THE POINT OF CURVATURE
OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF. 1125.14
FEET AND A CENTRAL ANGLE OF 09030'08"; THENCE SOUTH ALONG SAID -CURVE,
A DISTANCE OF 186.60 FEET; THENCE SOUTH 20°06'57" WEST, A DISTANCE OF 82,11
FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO'THE
EAST, HAVING A RADIUS OF 1825.86 FEET AND A CENTRAL ANGLE OF 19°5425";
THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF. 634.38 FEET, THENCE
SOUTH 00012'32" WEST, A DISTANCE OF 55.06 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF INDIAN RIVER FARMS DRAINAGE DISTRICT MAIN CANAL
(300 FOOT RIGHT-OF-WAY); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE SOUTH 69°2253" WEST, A DISTANCE OF 482.50 FEET; THENCE NORTH 15°50'35"
WEST, A DISTANCE OF 50.17 FEET TO A POINT 50.00,FEET NORTH OF AFORESAID
MAIN CANAL NORTH RIGHT-OF-WAY LINE; THENCE ' SOUTH 69°22'53" WEST
ALONG SAID LINE PARALLEL AND 50.00 FEET NORTH OF SAID MAIN CANAL
NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1001.21 FEET; THENCE NORTH
18015'26" WEST, A DISTANCE OF 386.46 FEET; THENCE NORTH 63°53'04" WEST, A
->DISTANCE OF 476.06 FEET; THENCE NORTH 89°45'39" WEST, A DISTANCE OF 414.56
FEET; THENCE NORTH 00°14'21" EAST, A DISTANCE OF 876.82 FEET TO A POINT
30.00 FEET SOUTHERLY OF THE NORTH LINE OF SECTION 3, TOWNSHIP 33 SOUTH,
RANGE 39 EAST; THENCE SOUTH 89°4539" EAST ALONG A LINE BEING 30.00 FEET
SOUTHERLY OF AND PARALLEL WITH SAID SECTION LINE, A DISTANCE OF 2557.93
FEET TO THE POINT OF BEGINNING.
1
218
.: '�'�,..:::,•,n.,..�...�;.n,...+x.,:v..rnx,.,.;...rrnr...,�.:;.mrrox?u•: K.�:;.
LEGAL DESCRIPTION OF PARKING FACILITY
(ALSO KNOWN AS A PORTION OF DODGERTOWN PARCEL 2)
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH. RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE SOUTH 67
DEGREES 59 MINUTES 23 SECONDS EAST, A DISTANCE OF 80.89 FEET TO A POINT
ON THE SOUTH RIGHT OF WAY LINE OF INDIAN -RIVER FARMS WATER CONTROL
DISTRICT CANAL A3; THENCE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST,
ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE. OF 288.78 FEET, TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE
CONTINUE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST, ALONG SAID LINE,
A DISTANCE OF 392.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 21 SECONDS
WEST, A DISTANCE OF 876.82 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 39
SECONDS EAST, A DISTANCE OF 414.56 FEET; THENCE SOUTH 63 DEGREES 53
MINUTES 04 SECONDS EAST, A DISTANCE OF 149.35 FEET; THENCE NORTH 89
DEGREES 45 MINUTES 39 SECONDS WEST, A DISTANCE OF 905.94 FEET; THENCE
NORTH 0 DEGREES 14 MINUTES 21 SECONDS EAST, A DISTANCE OF 85.00 FEET;
THENCE NORTH 89 DEGREES 45 MINUTES 39' SECONDS WEST, A DISTANCE OF
35.00 FEET; THENCE NORTH 0 DEGREES 14 MINUTES 2I SECONDS EAST, A
DISTANCE OF 857.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 9.1297 ACRES, MORE OR LESS.
219 '
Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of
Section 3, Township 33 South, Range 39 East and being more particularly bounded and described as
follows;
Commencing at the Northwest comer of Section 3, Township 33 South, Range 39 East;
Thence South 00°00'47" West along the West line of said Section 3 for a distance of 887,01 feet;
Thence South 89°4639" East for a distance of 50.00 feet to a point on the East right-of-way of 43`4
Avenue said point also being the Northwest comer of Dodgertown Parcel 3A as described in Official Record
Book 1961, Page 988 of the Public Records of Indian River County, Florida;
Thence South 89045'39" East along the North line of said Parcel 3A for a distance of 345.39 feet;
Thence South 00'14'21" West for a distance of 85,00 to a point on the North line of said Parcel 3A;
Thence continue South 89'45'39' East along the North line of said Parcel 3A for a distance of
437.69 feet -to the Point of Beginning;
Thence from the Point of Beginning continue South 89°4539" East along the North line of said
Parcel 3A for a distance of 468.25 feet to the Northeast corner of Parcel 3A;
Thence South 63'53'04" East for a distance of 326.67 feet to a point on the East line of Dodgertown
Parcel 3A;
Thence South 18'15'41" East along said East line of Parcel 3A for a distance of 386.49 feet to the
Southeast corner of said Parcel 3A;
Thence South 69°22'53" West for a distance of 898.97 feet;
Thence North 02°50'58" West for a distance of 830.37 feet to the Point of Beginning;
Said Parcel containing 519,743 square feet or 11,93 acres,
Said parcel shall be subject to stormwater easements for the 43`4 Avenue and Aviation Boulevard
Improvement projects as required, u
• �i�`
4 r,t M°
David R. Gay, PSM #59 Q' W o,
p:v t �4r
S:1Propefty Descriptions120t0120t0-20_Dodgertown Partlons & 3A_Wv B 2010.doc 0 "" "" ►�
4�p�ofoss�°�,�'
220
Less and excepting therefrom
Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of
Section 3, Township 33 South, Range 39 East and being more particularly bounded and described as.
follows:
Commencing at the Northwest comer of Section 3, Township 33 South, Range 39 East;
Thence South 00°00'47" West along the West line of said Section 3 for a distance of 30.00 feet;
Thence South 89°45'39" East and parallel with the north line of said Section 3 for .a distance of
75.00 feet to a point on the South right-of-way of the Indian River Farms Water Control District Canal A-3; -
Thence continue South 89°45'39" East along said South right-of-way, for a distance of 288.78 feet to
the Northwest comer of Dodgertown Parcel 2A (also known as "A Portion of Dodgertown Parcel 2') in
official Record Book 1758, Page 523 of the Public Records of Indian River County, Florida), said point also
being the Point of Beginning;
Thence from the .Poi nt of Beginning continue South 89°45'39' East along said South right-of-way for
a distance of 506.21 feet;
Thence South 3932'27" West for a distance of 582.12 feet;
Thence South 00014'21" West fora distance of 360.85 feet to a point on the South line of
Dodgertown Parcel 2A;
Thence North 89"45'39" West along said South line of Parcel 2A for a distance of 437.69 feet to the
Southwest corner of said Parcel 2A;
Thence North 00°14'21" East for a distance of 85.00 feet;
Thence North 89°45'39" West for a distance of 35.00 feet;
Thence North 00°14'2`1" East along the West line of said Parcel 2A for a distance of 857.00 feet to
the Point of Beginning;
Said Parcel containing 452,042 square feet or 10.38 acres.
Said parcel shall .be subject to stormwater easements for the 43r4 Avenue and Aviation Boulevard
improvement projects'as required.. a
y '• o' O dti 1
David R. Gay, PSM #
S:1Propedy Desaiptions1201012010-20 Dodgerlown Pardons & 2A_Nov 8 2010.doc � prof
Sheet 1 of 2
221
»!z.• , r ter--•• ' y� 1 �� I•+-� - t � -„�"- P� 1'
- `� ,,y� �• � ;>v�o MPS w - .�,�. �-- ��� 1
LEGEND
1 -TICKET OFFICE. LOCKER ROOMS. GIFT SHOP
2 -EXECUTIVE BUILDING
3- CONFERENCE CENTER
4: ALSTON. KOULFAX. AND CAMPANELLA BUILDINGS
5 - SLEEPING ROOMS
6 - SPRING TRAINING BUILDING
1839 I LXH1BIT/T
1'=200'
222
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2157033 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2517 PG: 568, 08/11/2011 02:55 PM
Prepared by, record and return to:
Office of the County Attorney
1801 27`h St., Vero Beach, FL 32460
Telephone: 772.226.1424
PARKING LICENSE AGREEMENT
THIS AGREEMENT is entered into as of the 1st day of June, 2011 by and between
Indian River County, a political subdivision of the State of Florida ("County"), and the City of
Vero Beach, a municipal corporation organized under the laws of the State of Florida ("City").
WHEREAS, City owns, or will own through transactions completed simultaneously with
the execution of this Agreement, certain parcels of real property located in the vicinity of the
Dodgertown Facility; and
WHEREAS, City is willing to provide a license to County to use such parcels of real
property for parking related to the Dodgertown Facility, as set forth herein.
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. Definitions. The following terms shall have the following meanings:
a. License Area A shall mean real property consisting of approximately
10.38 acres located immediately west of Holman Stadium, more . fully described on
Exhibit A attached hereto;
b. License Area B shall mean real property consisting of approximately 3.3
acres located north of 260' Street and north of License Area A, more fully described on
Exhibit A attached hereto;
C. License Area C shall mean real property consisting of approximately 4.6
acres located north of 260' Street and east of License Area B, more fully described on
Exhibit A attached hereto;
d. License Area shall mean one or more of License Area A, License Area B
or License Area C, and License Areas shall mean collectively License Area A, License
Area B and License Area C;
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e. Cloverleaf Property shall mean the real property consisting of
approximately 11.93 acres located south of Holman Stadium, more fully described on
Exhibit B attached hereto;
L Dodgertown Facility shall mean collectively the real property owned by
County, including facilities and improvements thereon, consisting of the Cloverleaf
Property and the property more fully described on Exhibit C attached hereto;
g. Dodgertown Tenant shall mean any party to whom County leases (from
time to time) all or a portion of the Dodgertown Facility. The parties acknowledge that
the current Dodgertown Tenant is MiLB Vero Beach, LLC, a Florida limited liability
company; and
h. Dodgertown Events shall mean any and all events and activities held on
the premises of the Dodgertown Facility including, without limitation, sports and non -
sports related events and activities, meetings and conferences, whether such events and
activities are conducted by County, Dodgertown Tenant or any third party using all or a
portion of the Dodgertown Facility with the consent of County or Dodgertown Tenant.
3. Parking License. City hereby grants to County and Dodgertown Tenant and
County's other assignees (a) a license to use License Area A for general parking in connection
with Dodgertown Events, and (b) a secondary license to use License Area B and License Area C
for general parking in connection with Dodgertown Events, in the event that (i) License Area A
is unavailable for a particular event (see paragraph 4 below), or (ii) the license to use License
Area A is revoked by City. County shall have the right to use the License Areas up to twenty
(20) days per calendar year. Dodgertown Tenant shall have the right to use the License Areas to
the same extent as County, except that Dodgertown Tenant's use shall not be restricted with
respect to the number of days per calendar year, however, Dodgertown Tenant shall coordinate
with and provide City a schedule for anticipated use of the License Areas and keep City advised
of any changes to such schedule.
4. Notice of Use. County shall provide reasonable notice of its intent to use a
License Area on one or more dates specified in the notice. Within 10 days of receipt of such
notice, City shall advise County of any conflict with a planned City use of the License area on
the same date(s) which is incompatible with County's proposed use. If City does not advise
County of a conflict within the 10 day period, County may utilize the License Area for parking
as set forth in the notice. In the event of a conflict, the parties shall attempt in good faith to
reconcile the conflict in a manner which accommodates the interests of both parties. If such
accommodation is not possible, County may utilize another available License Area for parking.
5. Use of License Area B or License Area C. Whenever County uses License Area
B or License Area C, County shall comply with the following additional requirements of the
Federal Aviation Administration: County shall not interfere with airport operations surrounding
roadways, or airport tenant operations; County must use the License Area in a safe and efficient
manner; and County shall not enter the secured airfield or otherwise interfere with airport
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operations. County understands that there are substantial federal fines for violations of federal
laws and regulations applicable to airport facility access and use.
6. Insurance. County shall, at all times during the term hereof, carry commercial
general liability insurance against personal injury and property damage with a company
authorized to do business in the State of Florida and satisfactory to City, protecting City against
any and all claims for damages to persons or property as a result of or arising out of the use and
maintenance by County of the License Areas. County shall provide a certificate of insurance
stating that City is an additional insured, and confirming limits of coverage not less than
$500,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage
Liability. County shall supply written proof of insurance to City within fifteen (15) days of the
date this Agreement is executed, and shall continue to supply such proof to City for each term
such insurance coverage is renewed.
7. Indemnification. To the extent permitted by law, County agrees to indemnify
and hold harmless City, including, without limitation, its council members, officers, employees
and agents, from and against all claims for damages, liabilities, costs and expenses arising out of
or relating to the use of one or more License Areas by County, Dodgertown Tenant or County's
other assignees; and City agrees to indemnify and hold harmless County, including, without
limitation, its commissioners, officers, employees and agents, from and against all claims for
damages, liabilities, costs and expenses arising out of or relating to the use of one or more
License Areas by City or City's assignees; provided, however, that nothing herein shall be
construed as a waiver of the County's or the City's sovereign immunity pursuant to section
768.28, Florida Statutes.
8. Clean Up After Use. After each use of a License Area, County shall leave the
property in substantially the same condition that it was prior to such use.
9. Term. The term of this Agreement shall be indefinite until the earlier to occur of
the following: (a) the revocation of all licenses for License Area A, License Area B and License
Area C, or (b) the permanent use of the Dodgertown Facility for a purpose other than sports,
recreation or entertainment related activities.
10. Revocation of License. Each license granted herein shall be revocable by City in
the event that each of the following occurs with respect to the real property underlying such
license: (a) the City decides in good faith to use the underlying real property for a purpose
incompatible with continued parking, (b) in reaching such decision, the City gives due
consideration to the fact that (i) the City owns other properties in the same general area which
may be suitable for such incompatible use, (ii) continued use of the License Area for general
parking provides an important and valuable benefit to County, and (iii) that the City Council
determines in good faith that the advantages of locating the incompatible use on a License Area
outweigh the advantages to locating the incompatible use on other property owned by the City,
and (c) City actually uses the License Area for the incompatible use.
11. Remedies. In the event of breach of this Agreement by either party, the non -
breaching party shall be entitled to all remedies available in law or in equity.
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12. Litigation. In the event of any litigation relating to or arising out of this
Agreement, each party shall be responsible for and shall bear its own attorney's fees and court
costs, including such fees and costs incurred at the trial and appellate level of such proceedings.
13. Amendment. No amendment, modification, change, or alteration of this
Agreement shall be valid or binding unless accomplished in writing and executed by all of the
parties hereto.
14. Entire Agreement. This Agreement sets forth the entire agreement and
understanding between the parties. No prior agreement or understanding shall be binding
between the parties unless set forth herein.
15. Governing Law. This Agreement and all matters arising hereunder shall be
governed by and construed in accordance with the laws of the State of Florida. Venue hereunder
shall lie in Indian River County, Florida.
16. Further Assurances. County and City shall grant such further assurances and
provide such additional documents as may be required by one another from time to time, and
cooperate fully with one another in order to cavy out the terms and conditions hereof and
comply with the express intention of this Agreement.
17. Severability. In the event any term, condition, or clause of this Agreement is
declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of
illegality or unenforceability shall not affect or alter the legality or enforceability of any
remaining term, condition, or clause hereof, provided of the parties, as set forth in this
Agreement.
18. Non -Assignment. This Agreement shall not be assignable by either party, except
that City may assign this Agreement to any party acquiring ownership of a License Area (but
only to the extent of such License Area), and County may assign this Agreement to any party
acquiring ownership, right of possession or other right to use of all or a substantial portion of the
Dodgertown Facility.
19. Recordation. A copy of this Agreement shall be recorded on the Public Records
of Indian River County, Florida.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names as of the date set forth above.
ATTEST: Jeffrey K. Barton,
Clerk of Court
LM
AFFIX SEAL:
BOARD OF COUNTY COMMISSIONERS,
PIAN RIVER COUNTY ("County")
Bob So ari, Chairman
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Approved by BCC: May 3, 2011.
Approved
has toformand legal sufficiency:
Alan S. Pol 'ch oun
Attorney
raxri,&� ity Clerk
=w{i,t
SLATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF VERO BEACH ("City")
Sign: Z�/�z
Jay mer, Mayor
Approved as to form and legal sufficiency
By: ,
Ci Attorney
The foregoing instrument was acknowledged before me this l,&� day of ,
2011, by JAY KRAMER, as Mayor, and attested by TAMMY K. VOCK, as C
A Clerk of the
City of Vero Beach, Florida. They are both known to me and did not take an oa M.
NOTARY PUB C, State of Florida
Sign:
Print:
State of Florida [SEAL]
Commission No:
Commission Expires:
W OWAMM IDD 782532
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Property Description
.Dodgeribwn
(#,2otW-0143)
November 9, 2010
EXH191T "A"
PROPERTY DESCRIPTION
.LICENSE TO USE CiTY PROPERTY0010-LA-0943
PORTIONS OF DODGERTOWN, DobGERTOWN PARCEL 2A,
AIRPORT PARCEL 19 AND AIRPORT PAOCEL.17
Situated in the State of Florida; County of Indian •Rlyor; City of Vero Beach, and being a, part
of Section 3, Township 33 South, Range 39 East. and Section 34, Township 32 South; Range 39
East and being more particuiariy bounded and described as.follows:
License Area "A":
Oommoncirq at the Northwest corner of Sectl9h 3, Township 33 South,-RMUq 39. 4$4.
Thence. South 00'00'47' West along the West line of said Section 3 fora distance of 30,00
feet;
Thence South 89'45'39' East and parallel with the north Me 'of said Section 3 for a
distance of 76.00 feet to: a point on the South fight -of -way of the Indian River Farms Water Control
District Canal A-3;
Thence continue South ,89'45'39" East along sold South right-of-wey for a. distance of
288.78 foot to the Northwest comer of Dodgertown Parcel 2A (also known as "A Portion of
Dodgertown Parcel 2") in official Record Book 1758,. Page 523 of the Public Records of Indian
River County, Florida), said point also being_ the Point of. Beginning of the follovAng described
License Area W;
Thence from the Point of Beginning continue South 69'45'39" East along said South right-
of-way. for a distance of 508.21 feet to the Northeast comer -of the 10.38 acre parcel deeded to the
City of Vero Beach by Indian River County;'
Thence South 03'32'27' Wastalong the East One of the sold 10.38 acre parcel for a
distance of 582.12 feet;
Thence South 00'1421' West along the East line of the said 10.38 acre parcel for a
distance of 380.85 feet to the Southeast comer of sold 10.39 acre parcel;
Thence North 89'45'39" West along sold South fine of said 10.38 acre parcel fora distance
of 437.8.9 feet to the Southwest comer of said parcel;
Thence North 00'14'21" East for a'distarice of 65.00 feet;
Thence North 89°45'39' West for a distance of 35.00 feet;
Thence North 00014121' East along the West line ofthe said • 10.38 acre parcel for a
distance of 857,00 feet to the Point of Beginning;
Said Perces containing 452,042 square feet or 10.38 acres.
sheet 1 of 8
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Property Oescdptton
Dodgerk m
(#20iaiA�143)
November9, 20f 0
License Area "B":
Page 7 of 14
Commencing at the Southwest corner of Section.34, Township 32 South, Range 39 East;
Whence South 89°45'39" East along the South line of Section 34 for a distance of 668.80
feet'to a point;
Thence North 00'14'21' -East for a distance of'80.00 feet to a point on the north right-bf-way
of 261i Street (also known as Walker Avenue), said point being the Point of Beginning of Pareel.19;
Thence North 35054'04" East for a distanee'of 306.67 feet;
Thence North 89051'01" East for a distance of 596.87 feet;
Thence South 01°18103^ Wakfor a dlsisnce of 102:51 f66t to a point on the North right-of-
way of Aviation Boulevard;
Thence South 63045'16' West along said North'tht-of way for a distance of 114.40 feet to
the beginning of a curve concave to the Northwest;
Thence Southwesterly along said curve, having a radius of 950 feet and a delta of
26"30'14" for an arc length of 439.45 feet to the' Pofnt of Tangency;
. f
Thence c6nti6pe'North 89°45'39° West along said North right-of-way of 261' Street for a
distance of 247:44 feet to the Point of'Beginning.;.
Containing 145,235 square feet more or less.
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BK: 2517 PG: 575
Property. Desalption
Dodgettown
.WOMLA. 01�3)
Novemberg,2010
License Area "C":
'Commencing at the Southwest comer of Section 34, Township 32'Soutii, Range 39 Easl;
Thence South 89°45'39" East'along the South line of Section.. 34 for a distance of 1,583.90
feet to a point;
Thence North 00°14'21" East for a. distance of 281.11 feet to a point on the North right-of-
way of 261i Street (also known as Aviation Boulevard), said point being the Point of Beginning of
Parcel 17;
Thence North 01016'03' East'for a distance of 425.17 feet to. a point;
Thence North 37"49'54" East for a distance of 107.87 feet to a point:
Thence North 76°19'434 East for a distance of 114:11 feet to a point;
Thence South 6904329: East for a distance d W.82 feet- to a point on the Mith right-ofr
way.of said Aviation Boulevard, said point also being on a curve concave to the Southeast;
Thence Southwesterly along said curve, having a radius of 1,050 feet. and a delta of
-21"15'05" for an arc length of 389.45 feet to -the Point of Tangency, said point being on the North
right-of-way of Aviation Boulevard;
(Thence continue South 63°45'18' West along said North right-of-way of Aviation Boulevard
for a distance of 470.66 feet to the Point of Beginning;
dontaining'203,914 square feet more or less.
David R. Gay, PSM #69$",`�•••'':�1`
� �e�ass�e ,.
wproperty Descripllons1201012010dA-0143_Dedgertown Portions & 2kNov 9 2010.doe
Sheet 3 of 6
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PARCEL 20 PARCEL 19
y seD•Do'aYw--
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POINT OF COMHENCEMENT I N89'45'39"W
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CITY OF VERO BEACH
NW CORNER SECTION o3-33-39 1 75.00'
DINT OF BEGINNING
LICENSE TO USE CITY PROPERTY
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TM SKETCH ISNOT A SUFNEY
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SKETCH OF PROPERTY DESCRIPTION
LICENSE TO USE CITY PROPERTY
DEPARTMENT OF PUBLIC WORKS
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CITY OF VERO 8EACH SKETCH -OF PROPERTY DESCRIPTION EXHIBIT -A° .a 45 a°
DEPARTMENT OF PUBLIC WORKS LICENSE TO USE .CITY PROPERTY —61
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AIRPORT PARCEL. 19 2010—LA-143 a
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SKETCH OF -PROPERTY DESCRIP11ON
EXHIBIT "A"
LICENSE TO USE CITY PROPERTY
DEPARTMENT OF PUBLIC WORKS
AIRPORT PARCEL 17
2010—LA-143
SURVEY DIVISION
PORTION OF SECTION 34-32-39
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233
Page 12 of 14
BK: 2517 PG: 579
Property Pewpfw
Podgerl m
(#2Q*20).
•
November8, 2010
EXHIJBIT
PROPERTY DESCRIPTION
POR'rtONS OF DODGERTOWN-ANDpODGEATOWN PARCEL 3•A•
Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of
Section 3; Township 33 South, Range 39 East and being more particularly bounded and described as
follows:.
Commencing at the Northwest corner of Section 3, Township 33 South, -Range 39 East,
Thence South 00'00'47" West along the West line.of said Section 3 for a distance of 887.01 feet;
The.noe South 89°45'39" East for a distance of 50:00 feet to a point on the East right-of-way of 4e .
Avenue said point also being the Northwest comer of Dodgertown Parcel 3A as described In Official.Record
Book 1961, Page 968 of the Public Rer orde of Indian River c; unty Floffda; -
Thence South 89°.45'39" East along the North line of said Parcel 3A -for a distance of 345.39.feet;
Thence South 00°14'21" West for a'distanc9 of 85.00 to a point on the North line of said Parcel 3A;
Thence continue South 89°45'39' East along the Nolth. line of said Parcel 3A for' a distance of
437.69. feet to the Point of Beginning;
Thence from the Point of Beginning continue South 89°45'39" East along._the •North line of said
Parcel 3A for a distance of 468.25 feet to the Northeast corner of Parcel 3A;
Thence South 63°53'04' East fora distance of 326.67 feet to a point on .the East line of D.odgertown
Parcel 3A;
Thence South 18°15'41" East along said. East line of Parcel 3A for a distance of 386.49. feet to the
Southeast corner of said Parcel 3A;
Thence South 69°22'53' West. for a distance of 898.97 feet;.
Thence Noith 02"50'.58" West for a dlstance of 836.37 feet to the Point of Beginning;
Said Parce) containing 519,743 square feet or 11.93 acres.
Said parcel shall be subject to stormwater easement;; for the 43d Avenue and Aviation Boulevard
improvement projects as required.
s:\Property.DescAp0ons1201012010-20 Dodgedown Portions d 3A Nov 8 2010.doc
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BK: 2517 PG: 581
EXH181T "C"
A'PARCEI, OF LAND LYING-IN SECTION 3,•TOWNSHTP 33 SOIJT$ RANGE 39 BAST,
a INDIAN RIVER. COUNTY, FLORIDA. BEINQ MORE PARTICULARLY DES=BD AS
FOLLOWS;
i` COMMENCING AT THS NORTHEAST CORNER OF SECTION. 3, •TOWNSHIP 33 SOUTH,
RANGE 39 EAST, PROCEED NORTH 89°4534" ftSTA DISTANCE OF I997.6x PSTTO A
POINT; THBNCB SOUTH 04"15111" WEST, A-DWANCB OF 30.07 FBBT TOA ?* 0W QN
TEMWESTERLY RI$T?I�WA.Y LING OF AIRT nRIUB (A,A 94°�AVFId UB, A 40-
FOOT RIGHT -OF. -WAY) SAID POIN'C BEING THB POINT OR-.13Ha*IING; TMWCE
CONTINUE ALONG SAID WESTERLY RIGH T -OF --WAY LINE SOUTH 14'364911 WEST, A.
DISTANCE OF 37.55 FBBT TO TM POINT OR C'iJRVATURB. OF A 'TANaDrr CURVE,
CONCAVETOTHE VEST,RAVINGARADWOF1125.14MWAND`ACENTRALANGLE'
OF 09°30'08"; TIIIINCE SOUTH ALONG-SAM•CURVB, A DISTANCE OF 186;60 FM,,
T9BNCB SOUTH 20°06'57" WEST,. A DISTANCB OF 82.11 PUT TO THE POINT OF
CURVATURE OF A TANGENT CU12VB, CONCAYB TO THB BAST, IJAViNG}ARADXM OF
1825:86 FSBr Akb A CENTRAL ANGLE OF. 19°54'25!'; THENCE SOTHUALONQ SAID
CURV$ ADISTANCE OF.634.38 FIIET; THBNC$86UTH00'12'32" WBS', A:DISTANM OF
55.06 WTI TO A POINT ON TIM NORTH RIGRTtiOF-WAY LINE -CIF MIAN RIVER
.FA S. DRAJ NAGS DISTRICT MAIN CANAL (300 FOOT .RICA OF -WAY); THBNCB
AL,ONGSAIDNORTHFIRLYRIGHT-OF WAYLINBSOUTH'69,*V'53°WEST,ADISTANCS
OF 482.50 FEBT; THENCE NORTH I5050135" WEST,. A DISTANCE OR 50.17 FRETTO A
POINT 50.00FEETNOR.TH-OFAFOR99AID MAINCA.NALNORTHRIMT-OFWAYLM,
7HEl 4CESOUTH69°22'53"WBSTALONGSAMLWSPARMI,MAND.50:00FMTkITA.
OF SAID MAIN -CANAL NORTH RiGHT.OF-WAYLINE, A'DISTANCE OF 1001;21 FBBT;
THBNCE• NORM 18°15'26" WEST, A RIGHT.
OF 386.46. FEET; TUXCE NORTH
63453'04" VMST, A DISTANCE OF 476.06 FEET;'THBNCB NORTH 89°4510" Vt$T,•A
DISTANCE OF 414.56 FEET; THENCE NORTH 00*14'21•" BAST, A: DISTANCE OF 876.82
FEET TO 'A POINT 30-00 FHBT SbUTHI�RLY OF THE NORTH LIM OF SECTION 3,
TOWNSHEP 33 SOUTH, RANGB 39 EAST; THWCS SOUTH 89°45'39"-BASTAt.ONGA I
BEING 30.00 FBBT• SOUTHBRLY:OF AND PARALLEL WITH SAID. SECTION LINE, A
DISTANCE OF 2557.03 FEET TO THE POINT OF BEGINNING,'
Page 14 of 14
236
http://ori. indian-river.org///Document/GetDocumentForPrintPNG/?request=AQAAANCM... 8/30/2018
EXHIBIT C
DODGERTOWN INVENTORY
ASSET
DESCRIPTION
SERIAL/PARCEL
25284
KING BED W/ HEADBOARD
25290
BATA BASEBALL 2PITCH MACHINE
MAINT CLOSET/PMS
25291
BATA BASEBALL 2PITCH MACHINE
MAINT CLOSET/PMS
25294
REACH -IN COOLER (2 -DOOR)
25295
STEAMER
25296
LCD PROJECTOR-CONF CENTER
CONF CENTER
25299
ICARIAN 505 REAR DELT PECT FLY
25300
ICARIAN LAT PULLDOWN & HI -LO PULLEY
25301
HAMMER ISO -INCLINE PRESS
25303
52"" LCD TV - LOUNGE
LOUNGE
25305
DESK (BEDROOM) - SUITE # 162
SUITE#162
25307
MEDIA CABINET - SUITE # 162
SUITE#162
25308
BLUE SOFA - SUITE #184
SUITE#184
25309
BLUE SOFA - SUITE #174
SUITE#185
25310
DEEP FREEZER/FRIGE-SUITE #162
SUITE#162
25311
BEDROOM DRESSER - SUITE# 162
SUITE#162
25312
NIGHT TABLE
SUITE#184
25313
NIGHT TABLE
SUITE#184
25314
DESK CHAIR - SUITE# 162
SUITE#162
25315
DESK CHAIR - SUITE # 162
SUITE#162
25317
COMMERICAL DRYER-CONF CTR
0412011044
25318
UNIMAC COMM DRYER-CONF CTR
25320
GALLEY SERVING LINE (3-PCS:HOT/COLD/UTIL
25321
WOODWAY TREADM I LL -MAJOR LEAGUE
57331303
25322
WOODWAYTREADMILL-MAJOR LEAGUE
5734BO30
25323
SCIFIT PRO 1000 - ARM MACHINE
25324
HAMMER ISO -BENCH PRESS
25326
TRUE CYCLE - STATIONARY BIKE
25329
HAMMER HIGH ROW
25330
ICARIAN REAR DELT FLY
25331
ICARIAN 407B CABLE CROSSOVER
25332
ICARIAN LAT PULLDOWN (2)
W/ASSET 25331
25333
ICARIAN LEG SLED MACHINE
25334
ICARIAN LEG CURL MACHINE
25335
ICARIAN LEG EXTENSION MACHINE
25336
NAUTILUS MACHINE -FREEDOM TRAINER
25337
TUFF STYLE MACHINE
C-1 237
ASSET
DESCRIPTION
SERIAL/PARCEL
25338
HAMMER BENCH PRESS VERTICAL
25340
ICARIAN BICEP CURL
25342
SCOTSMAN ICE MAKER-MAJ LEAGUE BLDG
07011320017220
25343
UNIMAC COMM WASHER
3110223103
25344
UNIMAC COMM WASHER
3020207317
25345
UNIMAC COMM WASHER
3110223100
25346
MANITOWIC ICE MACH
021261335
25347
CISSEL COMM DRYER
0210000016
25348
CISSEL COMM DRYER
0210000017
25349
UNIMAC COMM DRYER
0710011579
25351
ACCOUNTING OFFICE SAFE
25355
ICARIAN TRICEPT PRESSDOWN
25356
ICARIAN LOW ROW
25357
INIMAC COMM WASHER-CONF CTR
3020454043
25358
MANITOWIC ICE MACHINE
0502646053
25359
MANITOWIC ICE MACH -SANDY KOUFAX
031161557
25360
UNIMAC COMM WASHER-VBD CLUB
3110222566
25363
WAYMTIC TRAILER -PORT CONCESSIONS
1W9532208J1049101
25364
BANNER BEER DISPENSER -3111) BASE
DR81951004
25365
WELLS CARGO TRAILER
1WC200E1103015906
25366
BANNER BEER DISPENSER -HOME BASE
C80870904
25367
SUPERIOR BEER KEG COOLER
25368
BANNER BEER DISPENSER -1ST BASE
D83371104
25376
BODY MSTERS - INVERTED LEG PRESS
25377
ACTUPITCH ""IRON MIKE"" PITCHING MACHINE
25378
ACTUPICTCH ""IRON MIKE"" PITCING MACHINE
25379
ATEC PITCHING MACHINE
25381
IRON MIKE PITCHING MACHINE
25382
IRON MIKE PITCHING MACHINE
MAJOR LEAGUE
25383
IRON MIKE PITCHING MACHINE
25384
JVC SOUND SYSTEM FOR WEIGHT RM
25385
DIEBOLD SAFE -MAINTENANCE SHOP OFFICE
25387
TORO SAND PRO 2020
08884-230000127
25388
LESCO TRAILER MOUNTED SPRAYER
25389
HAMMER STRENGTH ISO -LATERAL BENCH PRESS
25394
FORD TRACTOR 2810
25395
FORD TRACTOR W/FRONT END LOADER & BOX
25396
SQUEALER BUSHHOG MOWER
12-47504
25397
TORO AERATOR AERIFIER 687
25398
QUICKPASS TOPDRESSER
8929
C-2 238
ASSET
DESCRIPTION
SERIAL/PARCEL
25400
FORD 2810 TRACTOR
25404
RYAN 5HP ROLLER
25405
HYDRO PRO OUT FRONT DECK MOWER
25408
JOHN DEERE SAND PRO 1200A
128000-7050
25410
TORO 3100 REEL MOWER
25411
TORO GROUNDSMASTER 3500
25412
TORO GROUNDSMASTER 228D
30241-210000216
25413
TORO 1600 REEL MOWER
25414
FOLEY UNITED BED BLADE SHARPENER
OOE66001108
25415
NEARY SPIN-MATIC II REEL GRINDER
25416
DIAMOND VERICUTTER
A5FU0695011
25420
STUDIOMASTER MIXING BOARD W/CASE
CONF CENTER CLOSET
25421
SAMSON 600W POWERED MIXER
CONF CENTER CLOSET
25422
DA -LITE PODIUM
CONF CENTER CLOSET
25629
21"" KAWASAKI COMMERCIAL PUSH MOWER
290000485
25702
ICE MACH -MOD GEM956A BILL BUHLER
10021280012070
25703
KM -5035 COPIER -FRONT DESK LOBBY
M3033008
25705
DELUXE EURO CLUB SOCCER GOAL - 8 X 24
SET OF TWO
25706
DELUXE EURO CLUB SOCCER GOAL - 8 X 24
SET OF TWO
25758
30"" HOTEL ICE DISPENSER - MODEL SPA310
610084563
25929
KOMBI BATT OPER FIELD STRIPER
25930
KOMBI BATT OPER FIELD STRIPER
25932
HP PROCURVE SWITCH FOR WIRELESS NETWORK
FRONT LOBBY
25939
SALVAJOR MODEL 300 DISPOSER
34254
25940
5 -ROW ADA BLEACHERS
FIELD 1
25941
5 -ROW ADA BLEACHERS
FIELD 2
25942
5 -ROW ADA BLEACHERS
FIELD 5
25943
5 -ROW ADA BLEACHERS
FIELD 6
25981
VULCAN HART MOD #VCRG36-T GRIDDLE
DV1024783
25982
GARLAND MOD #MCO -E -S CONVECTION OVEN
IOL14006
25983
SOUTHBEND MOD#R2 COUNTERTOP STEAMER
IOL14006
25984
MOD #TSSU-48-12 REFRIG CTR SANDWICH TOP
5404308
25985
CONCESSION BEER DISPENSING SYSTEM
25986
COPPER TURF PORT PITCH MOUND
25987
COPPER TURF PORT PITCH MOUND
26144
A/C UNIT ROOMS 109-150
VERO BEACH SPORTS VILLAGE
26145
VBSV PORT SHADE STRUCTURE FOR DUGOUT
26146
VBSV PORT SHADE STRUCTURE FOR DUGOUT
26147
MAIN CONCESSIONS BEER ROOM COMPRESSOR
11B41429U
26174
USED 2006 CLUB CAR CARRYALL 2 ELECTRIC
S0601-587816
C-3 239
ASSET
DESCRIPTION
SERIAL/PARCEL
26262
HP LASERJET CP4025DN COLOR PRINTER
BEHIND NANCY'S DESK
26263
SELF CONTAINED EXTRACTOR CARPET CLEANER
26264
HP COLOR LASERJET PRINTER
FRONT DESK
26265
HECTOR TURF PROFORCE BLOWER
311000666
26266
2012 TRIPLE CROWN UTILITY CART
1XNU6X109131034482
26267
GROUNDSMASTER 4300-D W/COOL TOP & CANOPY
311000119
26273
MANITOWOC ICE MACHINE MODEL ID -0852A
CONF CENTER
26274
AIR COMPRESSOR - SHOP
26308
GROUNDSMASTER 72"" BASE DECK MOWER
311000217
26309
2006 CLUB CAR CARRYALL 2 PLUS ELECTRIC
QT0637-677662
26320
CLEVELAND GAS KETTLE - MODEL #KGL-25
111023059817
26321
POWERPAN GAS TILTING SKILLET - SGL30T1
120123051238
26322
CASEY 3G PITCHING MACHINE
26323
CASEY 3G PITCHING MACHINE
26324
TRANE 6 TON R410A 3 PHASE SPLIT SYS A/C
EXECUTIVE BUILDING
26330
LINCOLN IMPINGER PIZZA OVEN
12022350000741
26365
WCA3602GKR AIR CONDITIONING UNIT
X113467929
26366
FUJITSU A/C UNIT FOR ROOM 159
26367
FUJITSU A/C UNIT- BACKUP UNIT
26368
LAUNDRY MACHINE W/BILL CHANGER
1202066
26369
ACER DESKTOP COMPUTER W/20"" LED MONITOR
00186-164-519-429
26370
SELF CONTAINED CARPET EXTRACTOR
4NEK6
26484
2008 TORO WORKMAN 3300 DIESEL UTIL VEHIC
07362-260000213
26485
2008 TORO 5040 SAND PRO W/ATTACHMENTS
08705-270000699
26486
26"" WIDE AREA CARPET VACUUM
5UMR1
26514
MANITOWOC ID -0452A ICE MAKER -QUAD CONCES
1101089476
26515
TRUE FOOD SERVICE T -23F REACH -IN FREEZER
7315661
26516
TRUE FOOD SVC REACH -IN REFRIGERATOR T-23
7304383
26517
VULCAN HART VC4GD GAS CONVECTION OVEN
541053916
26518
CLEVELAND RANG 22CGT3 CONVECTION STEAMER
1203230000851
26519
SATURN SUSS -48-12 SANDWICH PREP UNIT
MNN-LST3R-0017
26520
ALFA INTL ABB -2 FROZEN DRINK MACHINE
11104547
26521
GVG 16-8 COMBINATION VENDING MACHINE
FRONT OFFICE
26526
SAMSUNG 55"" LED TV -SUITE #162
Z54D3CXC400450N
26572
PORTABLE FOOTBALL GOAL POST -18'6"" X 30'
FIELD 4
26573
PORTABLE FOOTBALL GOAL POST -18'6"" X 30'
FIELD 4
26632
TORO PROCORE 648 AERIFIER
09200-940000117
26662
PS604DM VICON 3 -PT HITCH SPREADER
26655
2008 TORO MULTIPRO 1250 SPRAYER
41177-280000486
27073
2010 GRADEN WALKING VERTICUTTER MOWER
GTMGSO40798/34
C-4 240
ASSET
DESCRIPTION
SERIAL/PARCEL
27430
WSN100 WINDSCREEN BAT EYE -59'3"" X 25'
FIELD 1
27431
WNS100 WINDSCREEN BAT EYE - 59'6"" X 25'
FIELD 2
27432
2010 TORO 5610 MIDWEIGHT FAIRWAY UNIT
03690-310000103
27436
TRUE T-49 SOLID 2 DOOR REFRIGERATOR
27437
MANITOWOC ID0452-161 ICE MACHINE -30"" BI
CAMPANELLA BLDG
27438
WIRELESS MICROPHONE SYSTEM & AUDIO.MIXER
CONF CENTER
25410A
18 HP BRIGGS & STRATTON V -TWIN ENGINE
TORO 3100 - ASSET #25410
27444
VIVITEK DLP D952HD PROJECTOR
CONF CENTER
27445
2010 ELECTRIC CARRYALL II TURF TRUCKSTER
076923
27446
2010 ELECTRIC CARRYALL II TURF TRUCKSTER
076925
27447
2010 ELECTRIC CARRYALL II TURF TRUCKSTER
110665
27448
2011 CLUBCAR CARRYALL/TURF 2 UTIL VEH
179546
27449
2011 CLUBCAR CARRYALL/TURF 2 UTIL VEH
179559
27450
2011 CARRYALL I TRUCKSTER
179599
27451
2006 WORKMAN 3200 TRUCKSTER COMPLETE
260000405
26485A
BRIGGS & STRATTON ENGINE FOR ASSET#26485
27652
HIGH SPEED BURNISHER COMM CARPET CLEANER
27653
LITTER VAC OUTDOOR VACUUM
KV650H
27754
DISHWASHER RACK TYPE
216736
27897
GRAVELY PRO 24 SP HI WHEEL MOWER
911701-004053
27898
2010 CLUB CAR CARRYALL VI
VG0109-995783
27899
2010 CLUB CAR CARRYALL VI
27903
CLUB CAR CARRYALL 1 GOLF CART
27904
CLUB CAR CARRYALL 1 GOLF CART
27905
CLUB CAR CARRYALL 1 GOLF CART
27906
CLUB CAR TURF 2 GOLF CART
27994
VULCAN HD RANGE - 24"" GRIDDLE
481828078
27995
VULCAN HD RANGE - 24"" GRIDDLE
481828079
27996
VULCAN HD RANGE - 24"" CHARBROILER
481828080
27997
VULCAN HD RANGE - 36"" W/3 HOT TOPS
481828081
27999
2015 KUBOTA TRACTOR W/FORKS,
50697
27978
3 HP ALUMINUM HOUSING GARBAGE DISPOSER
28024
BOTTLE COOLER
8444195
28044
SAMSUNG 75"" LED FLAT SCREEN TV
28045
SECURITY ALARM SYSTEM FOR LOUNGE
25393A
CHARTERHOUSE - VERT MOWER SWEEPER
28080
LOCHINVAR 200 GALLON STORAGE TANK
B15JO0275877
28081
LOCHINVAR 200 GALLON STORAGE TANK
A15JO0273789
28087
9000 LB CAP BASE PLATE LIFT W/TRACTOR
28088
1000 LB CAP AIR OPERATED MOTORCYCLE LIFT
C-5 241
ASSET
DESCRIPTION
SERIAL/PARCEL
28228
ICE MACHINE COMPRESSOR UNIT (STADIUM)
14HL0259U-MAIN CONCESSION
28229
146'X34' STADIUM BACKSTOP NETTING
28230
CUSTOM FIELD NETTING FOR
28309
POWERLITE 935W WXGA 3LCD PROJECTOR
28310
SAMS4 SPS 345 POS REGISTER
1412370040
28311
2012 USED 48 VOLT CLUB CAR GOLF CART
AQ1219-279029
28312
2012 USED 48 VOLT CLUB CAR GOLF CART
AQ1219-279448
28345
CHICAGO COMET 66"" GAS FLATWORK IRONER
62586
28346
GREEN WSN100 WINDSCREEN 59'6"" X 217""
FIELD 6
28351
420LB ICE MACHINE - ALSTON/KOUFAX
1120044149
28402
HACK ATTACK BASEBALL PITCHING MACHINE
5078
28403
HACK ATTACK BASEBALL PITCHING MACHINE
5079
28576
KYOCERA TASKALFA 250CI COLOR COPIER
O)H0908162
28740
NEW CROWN CD14000 AMPLIFIER
STADIUM
28741
ELEC PANEL FOR VENDOR POWER -FIELDS 7&8
QUAD FIELDS 7 & 8
28742
LENNOX 5 TON A/C SYSTEM - DODGER OFFICE
DODGERTOWN OFFICE
28768
125# CAP HPS CHARIOT FERTILIZER SPREADER
28769
GRACO FIELDLAZER 3400 LINE PAINTER
28810
162"" HOOD FOR KITCHEN
ON ROOF
28811
A/C UNIT FOR HOUSEKEEPING #172
5115GS03430
28812
A/C UNIT - ROOM #141
5115GS01441
25758A
DISPENSER MOTOR & AGITATION TIMER
28845
BACKUP A/C UNIT (STOCK)
5115GS02840 - 5115GS01226
28846
A/C UNIT FOR ROOM #110
5115GS01229 - 5115GS02820
26485B
RAHN REAR MOUNT LIP BROOM ATTACHMENT
31994
26485C
VIBRATORY GAS EDGER W/REAR HYDRAULICS
29043
FUJITSU OUTDOOR A/C UNIT - ROOM 112
29068
RIO 19K 230V A/C SYSTEM -RM 149
29155
12K 230V A/C UNIT - RM 173
29156
18K 230V A/C UNIT - RM 158
29157
2012 JOHN DEERE PRO -GATOR TRUCKSTER
TC202ATKCT060300
29158
2011 PRECEDENT 4 -PASSENGER GOLF CART
PH1118-191043
29159
REFURBISHED UNIMAC 75# DRYING TUMBLER
29160
RIO 18K 230V A/C UNIT - RM 161
29161
18K 230V VIREO A/C UNIT- RM 183
5115GS01410
29568
GARBAGE DISPOSER UNDER DISHWASHER SINK
44672
29569
LOCH INVAR HOT WATER HEATER & BOILER
ROOM 159
29570
RIO 18K 230V A/C SYSTEM - ROOM 188
29571
RIO 18K 230V A/C SYSTEM - ROOM 133
29572
RIO 18K 230V A/C SYSTEM - GIFT SHOP
C-6 - 242
ASSET
DESCRIPTION
SERIAL/PARCEL
29573
COSMO SERIES 8X8 VIDEO SCREEN
CAPENELLA ROOM
29574
TRANE 5 TON SPLIT COOL A/C SYSTEM
S.T. BUILDING - UNIT #204
29575
14SR STRAIGHT COOL A/C SYSTEM - RM 143
29576
18K 230V EVAP A/C SYSTEM - BACK UP UNIT
BACK UP FOR ROOMS
29577
ELECTRICAL DISTRIBUTION PANEL
29578
7.5 TON A/C SYSTEM - DORM LOCKER RM
STADIUM
29579
HOSHIZAKI FLAKER A/C SYSTEM
BUHLER ROOM
29580
CUSTOM BATTING TUNNEL NET-16X14X80
29651
2012 TORO PROPASS 200 TOPDRESSER
312000215
29652
TRANE A/C UNIT - SPRING TRAINING
4TWA0460A4000AA
29653
58'X 25' BATTER'S EYE WINDSCREEN
STADIUM
29654
2013 TORO 3040 SAND PRO TRAP RAKE
313000155
29656
2013 TORO MULTIPRO 1250 SPRAYER
312000123
29764
FRONT OFFICE A/C BLOWER MOTOR- ATTIC
29765
AUTOMAT DRAG MAT (INFIELD DRAGGER)
29766
WOVEN WOOD PRIVACY SHADE RM 162
MASTER BEDROOM
29767
DOUBLE STEEL DOORS - DRYSDALE ROOM
WESTSIDE CONFERENCE
29768
FANCOIL TXV 5T A/C AIR HANDLER
MEDICAL ROOM
29769
MINI SPLIT 12K 230V A/C UNIT
ROOMS 117 & 189
29824
E -HACK ATTACK SOFTBALL PITCHING MACHINE
29825
MULT124HP 24K 3 ZONE A/C UNIT - RM 185
ROOM #185
29826
18K 230V EVAP A/C UNIT -RM 182
ROOM 182
29827
18K 230V EVAP A/C UNIT - RM 187
ROOM 187
29828
DINING ROOM A/C #3 COMPRESSOR
DINING ROOM
29831
LOCHINVAR PROPANE BOILER FOR KITCHEN
29837
DINING ROOM A/C #1 COMPRESSOR
29995
STALKER PRO II RADAR GUN
8109
29996
JACKIE ROBINSON ROOM COMPRESSOR
29997
18K 230V A/C UNIT - RM 115
30020
TUFFY WINDSCREEN BAT EYE 21'9"" X 59'4""
30021
GRANDAIRE 1.5 T A/C UNIT - RM 142
X174360383
30022
LENNOX 4 TON A/C UNIT - HALL OF FAME
1917H15861
30034
18K 230V EVAP A/C UNIT - RM 155
30035
18K 230V EVAP A/C UNIT - RM 155
30294
HASH MARK ALUMINUM STENCIL -FOOTBALL FLD
30297
GREE 3.5 TON A/C UNIT -LA WEST WING EQUIP
4816GS01417
30299
KOMBI BATT OPER FIELD STRIPER
30300
CONDENSOR & TIME CLOCK -WALK IN FREEZER
30323
15 & 20 TON SPLIT A/C SYSTEM W/DUCTWORK
29756
LOCHNIVAR GAS FIRED WATER HEATER
ROOM #172
C-7 243
ASSET
DESCRIPTION SERIAL/PARCEL
30361
GREE 18K 230V'A/C UNIT- RM 111 3717GS05567/3517GS05568
30406
WIFI ADDITIONS TO FIELDS 1-4
C-8 244
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Stan Boling, AICP
Community Development Director
FROM: Sasan Rohani, AICP
Chief, Long -Range Planning
DATE: December 3, 2018
RE: Consideration of a Wabasso Corridor Plan "Report Card"/ Progress
It is requested that the following information be given formal consideration by the Board of County
Commissioners at its regular meeting of December 18, 2018.
DESCRIPTION AND CONDITIONS
Within Indian River County, there are both incorporated municipalities and unincorporated
communities. While the unincorporated settlements lack the formal government structure and local
control of cities and towns, each of the county's unincorporated communities nevertheless has a
unique character and identity. One of those history rich unincorporated communities is Wabasso,
including "West Wabasso".
In 1994/1995 the Wabasso community took the initiative to protect Wabasso through a community
corridor plan and special development regulations embodied in the Wabasso Corridor Plan which
was adopted by the Board of County Commissioners in 1995, and revised in 2000. The plan became
the model for subsequent corridor plans and special aesthetic regulations throughout the county,
including the SR 60 corridor plan and numerous "other" corridor plans along collector, and arterial
roads within the county. Sixteen years later in 2016, the citizens of Wabasso expressed concerns
about certain community and development issues and obtained Board authorization for County staff
and citizens to prepare an update to the plan. The update was prepared through a series of
community meetings and on April 4, 2017, the Board of County Commissioners approved the
updated Wabasso Corridor Plan in 2017 which also includes a special section denoted to the West
Wabasso area.
The plan incorporates standards for future development and proposes specific 'actions regarding
infrastructure, communication, land use/zoning, and community identity. As such, the corridor plan
represents a balance of interests to guide re -development, future development, and improvements
consistent with the community's desire.
1 245
Similar to the 2014 Gifford Neighborhood Plan, the 2017 Wabasso Corridor Plan contains an action
plan defining specific tasks to be performed by certain dates. The plan does not contain an annual
"report card" review requirement although the action plan lends itself to a "report card"/progress
report. To that end, this year staff has prepared a "report card"/progress report for the Board's
information and consideration.
Wabasso Corridor Plan Area & West Wabasso Boundary
x. +t
wi `fit. c Vis.
OCE4N
IIDIAN=
RIVER
J` 7'
"�` - Ls.s• t` �` _ I fi�!•� / `� �i �a�J 41" C. ink' f3;:�` tz�"�`.
..4•' y ~� } � .•,ate€ "' ttt'.;•?���j "� 9��5� v 't�� r�'D''
E s
11•�.j1'C t�f`i Y* _ �q•� r �p-'Fri' ] �'x ""y7
� =.Z'Y-.M ��3iy •r. "� ,Y'y�t} - Y��y. 1�11���r,�,.4_-_, `"� ✓� rare' S
�� ' ,.�' .� w_ "rpt j�(�a11`••��, �`-�- ,�,� Y
r
Legend
Tx i t ii�• r ak'a `'�C2 Wag Wab2SW 8&2kfZyAll
S.r "• fi
ANALYSIS
The Wabasso Corridor Plan 2017 is a 74 page plan that contains an introduction and description of
the planning process, data (existing conditions), analysis (issues and concerns), action plan,
implementation, Wabasso Corridor special regulations, West Wabasso section, and appendices
containing reference information including a history of Wabasso. Following its April 4, 2017
approval, the plan has been implemented as specified in the plan's action plan and implementation
sections. As indicated previously in this report, no annual report card review is required by the plan.
This year, staff is simply providing the Board a "report card"/progress report for its consideration.
2 246
• Action Plan
Based on items and priorities that emerged from the 2016/2017 community meetings and based on
the data and analysis reflected in the plan, a list of actions for the entire Wabasso Corridor (WC)
and a list of specific actions for West Wabasso (WW) were included in the updated plan.
The action plan section is "the heart" of the corridor plan (attachment # 2). As structured, the
Wabasso Corridor (WC) portion of the plan contains 8 actions while the West Wabasso (WW)
portion of the plan contains 10 actions relating to major issues and topics identified during
community meetings. Following is the list of the Wabasso Corridor Plan major issue topics:
1. Infrastructure
2. Communication
3. Land Use/Zoning/Development
4. Community Identity
Each action item identifies a specific action, a responsible party or parties, and either a completion
date (year) or an indication that the action is to be implemented on an on-going basis. Responsible
parties identified in the action plan include: the Planning Division, the Public Works Department,
the Parks Division, and the Metropolitan Planning Organization (MPO).
Community Development Department staff has coordinated with all responsible departments,
entities to ensure implementation of the plan's actions. As shown on the attached "report card"
matrix (attachment # 1), all actions in the Wabasso Corridor (WC) portion of plan and all actions
in the West Wabasso (WW) portion of the plan are already implemented. Through this evaluation,
staff identified three recommended follow-up actions for the Board's consideration:
Potential Follow-up Actions
1. (WW Action 1.1) Hire an engineering consultant in 2020 to design a drainage improvement
project for Lowes Park and Douglas subdivision in accordance with the evaluation
performed by Public Works and timing of CR 510/66 1h Avenue design. Estimated cost:
$100,000. Cost of drainage improvement project to be determined later, based on the project
design.
2. (WW Action 1.3) Acquire park entrance right-of-way (West Wabasso Park) to allow for
future 64th Avenue sidewalk extension to connect to the park improvements area. Estimated
cost: $400,000 for right-of-way acquisition and sidewalk construction in 2019.
3. (WW Action 1.5) Periodically refurbish the West Wabasso Park walking trail as on-going
maintenance task performed up to twice a year. Last refurbishing completed in 2018.
Estimated cost: $500.00 each time.
Although these recommended actions are not required by the plan, in staff's opinion these actions
are logical follow-up items that would more comprehensively address issues identified in the plan.
3 247
FUNDING
Implementation of the Wabasso Corridor Plan 2017 will continue to require use of various current
and future funding sources. Funding sources will include the General Fund, gas taxes, sales taxes,
the MS.TU, grants, and other appropriate funding sources.
CONCLUSION
The Wabasso Corridor plan's "action plan" section contains a total of 18 actions; each action is
structured to identify a specific task, a responsible parry or parties, and a completion date or indication
that implementation is on-going. For this "report card/progress", all Wabasso Corridor (WC)
actions and all West Wabasso (WW) plan actions. are completed. Over and above the previously
adopted action plan items, staff recommends three additional follow-up actions described in this
report and the attached report card to more comprehensively address issues identified in the plan.
RECOMMENDATION
Staff recommends that the Board of County Commissioners:
1. Review and accept the Wabasso Corridor Plan 2018 implementation report card/progress
report, and
2. Approve the three recommended follow-up actions listed in this report associated with West
Wabasso Action 1. 1, Action 1.3, and Action 1.5 summarized as follows:
a. Hire engineering consultant in 2020 to design Lowes Park/Douglas Subdivision
drainage improvements.
b. Acquire West Wabasso Park entrance right-of-way for 64th Avenue sidewalk extension
project and fund the sidewalk project for construction in 2019.
C. Periodically refurbish the West Wabasso Park walking trail up to twice a year.
ATTACHMENTS
1. Implementation Matrix "Report Card"
2. Action Plan
FACommunity DevelopmenMABASSOVabasso 2018 Report Card- BCC agenda item 12-18-2018.doc
4 248
WABASSO CORRIDOR (WC) PLAN IMPLEMENTATION MATRIX
Action
Type of Action
Responsibility
Responsibility
Timing
Action Status
WC
Primary
Secondary
Date Action Completed)
1.1
Coordinate with FDOT and
Community
MPO/Public Works
Ongoing thru 2025
Done starting 2016 (Ongoing)
inform citizens regarding CR
Development
510 improve ents
1.2
Acquire ROW and design an
Public Works
2019
Done by June 2018
east -bound right turn lane on
CR 510 and 58'h Avenue
1.3
Construct an east -bound, right
Public Works
2019
Done by June 2018
turn lane on CR 510 at 58"'
Avenue
1.4
Coordinate with Public Works
Community
Public Works
Ongoing thru 2025
Done starting 2016 (Ongoing)
and inform citizens regarding
Development
county's CR 510
im rovements
2.1
Establish and maintain e-mail
Community
2016 and Ongoing
Done starting 2016 (Ongoing)
MUD
Development
2.2
Coordinate and directly
Community
Ongoing
Done starting 2016 (Ongoing)
communicate with citizens
Development
regarding proposed projects
within the Wabasso Corridor
tan area
3.1
Require applicants seeking
Community
Ongoing
Done starting'2016 (Ongoing)
heavy commercial or industrial
Development
rezoning to meet with
nei hbors first
4.1
Obtain consensus on
Community
Public Works, MPO, FDOT
2017
Done in 2017
placement of community signs
Development
along US 1 and CR 510
FACommunity Development\WABASSMWabasso Corridor Plan implementations\Wabasso Corridor Plan (WC) 2018 implementation Matrix.doc
249
"CM.NT
WEST WABASSO (W -W) IMPLEMENTATION MATRIX
(Part of Wabasso Corridor Plan)
Action
Type of Action
Responsibility
Responsibility
Timing
Action Status
WW
Primary
Secondary
ate Action Completed)
1.1
Evaluate drainage needs in
Public Works
2018
Initial evaluation completed.
Lowes .Park and Douglas
Public Works evaluated Lowes Park and Douglas
subdivisions, identify potential
Subdivision drainage systems/patterns and surrounding
solutions and improvements
areas to generally determine drainage needs.
and present them to BCC
County needs to enlist services of an engineering
consultant to perform a drainage study of the area and
provide specific solutions_ Improving drainage will
require acquisition of property and construction of
retention pond jointly used for adjacent 66th Avenue
widening project. That project can provide positive
outfall for the entire drainage basin encompassing the
Lowes Park and Douglas subdivisions, including
surrounding areas.
Recommended action: hire engineering consultant in
2020. Estimated Cost 5100,000. Cost of drainage
project to be determined later based on design.
1.2
Continue to adequately
Park Division
Ongoing
Done (ongoing)
maintain improvements at
In 2018 Parks Division staff added clay to the infield of
West Wabasso Park
the baseball field and re -placed the bases.
1.3
Evaluate available ROW along
Public Works
2018
Initial evaluation completed.
64`h Avenue for construction of
Public Works evaluated available ROW along 601
sidewalks along 64`h Avenue to
Avenue and along the entrance road (8881 Street) to West
West Wabasso Park
Wabasso Park. There is adequate ROW along 64t1
Avenue for a sidewalk and adequate room for a
sidewalk along the entrance road (88i' Street) to West
Wabasso Park. However, there is no right-of=way for the
entrance to West Wabasso '.Park (88t1 Street). The
entrance is actually constructed on private property.
Public Works now evaluating ROW options for 88t1
Street. On August 15, 2017 the ;BCC approved Work
COW 250
Action
Type of Action
Responsibility
Responsibility
Timing
Action Status
WW
Primary
Seconds
Date Action Completed)
Order 16 with Masteller & Moler for design of a
sidewalk from 86`x' Lane to West. Wabasso Park. The
County now has 100% construction plans for the
sidewalk project, but ROW still needed for the entrance
to West Wabasso Park (88'h Street).
Recommended action: Acquire park entrance ROW
so sidewalk project can proceed to construction in
2019. Estimated Cost $400,000 for ROW and
sidewalk construction.
1.4
Consider extending hours of.
Park Division
2020
Park is open daily. Recreation Department runs
operation at West Wabasso
programs at the park and, lock it up when games are
Park
completed.
1.5
Refurbish the w=alking trail and
Park Division
284-9
Ongoing
improve the access point to the
Ongoing
On regular basis Parks Division staff add materials to
adjacent Wabasso Scrub
walking trail and grade it.
Conservation area within West
Recommended action: Treat walking trail occasional
Wabasso Park
refurbishing as an on-going (yearly) maintenance
task. Estimated Cost 5500 per year.
2.1
Coordinate with City of
Community
City of Sebastian
Ongoing
Done (ongoing)
Sebastian for projects within
Development
500 feet of West Wabasso and
forward information to
residents
3.1
Support affordable housing
Community
Ongoing
Done (ongoing)
projects within West Wabasso
Development
area
3.2
Provide SHIP assistance to
Community
Ongoing
Done (ongoing)
owner occupied very low and
Development
low income households that
need housing rehabilitation
3.3
Investigate and inform
Community
Ongoing
Done (ongoing)
developers/business owners of
Development
available pro rams to assist
251
Action
WW
Type of Action
Responsibility
Primary
Responsibility
Secondary
Timing
Action Status
Date Action Completed)
low income/minority business
owners in West Wabasso with
development and re-
develo mentprojects
4.1
Coordinate with MOT and
Community
MPO
2017
Done in 2017
Public Works on proper
Development
placement of community signs
along CR 510
FACommunity Development\WABASSO\Wabasso Corridor Plan implementations\Wabasso Corridor Plan (WW) 2018 Implementation Matrix.doc
ff MI -TENT l 252
WABASSO CORRIDOR PLAN
LIST OF PLAN UPDATE ACTIONS
Based on items and priorities that emerized from the 2016/2017 community meetings and based on the
data and analysis reflected in this plan, a list of actions for the entire Wabasso Corridor (WC) and a
list of specific actions for West Wabasso (WW) have been added to the plan
This section provides specific actions to be taken as part of implementing the plan Below is the list of
actions for the entire Wabasso Corridor (WC) and for West Wabasso (WW).
Wabasso Corridor (WC) Plan Actions_ --_--
Infrastructure
WC Action 1.1— Through 2025 or project completion the Community Development Department with
assistance from the MPO and Public Works Department will coordinate with FDOT and periodically
inform citizens of design alternatives and determinations for the CR 510 project and support the
following project elements: sidewalks, street lighting bike lanes landscape and hardscape aesthetic
improvements, slower speed and narrower "urban" section through West Wabasso and fair ri ht-of-wa,.y
acquisition process.
WC Action 1.2 —By 2019, the county will acquire needed right-of-way and design an east -bound right
turn lane on CR 510 at 58' Avenue.
WC Action 1.3 — By 2019, the county will construct an east -bound right turn lane on CR 510 at 58a'
Avenue,
WC Action 1.4 — Through 2025 or project completion the Community Development Department will
coordinate with the Public Works Department and periodically inform citizens of the county's CR 510
project.
Communication
WC Action 2.1— By 2016, the County.Community Development Department will establish and maintain
an email group (or similar method) open to all citizens and interested parties to join at any time.
WC Action 2.2 — (on-going The County Community Development Department will coordinate and
directly communicate with citizens on anon- oingbasis regarding proposed projects within the Wabasso
Corridor Plan.
Land. Use/Zoning
WC Action 3.1— (On-going) The County Communily Development Department will require applicants
seeking a heave commercial or industrial rezoning within the Wabasso Corridor to meet with neighbors
before the rezoning application is formally reviewed and scheduled for a public hearing County staff
TiA�`H�I�'N�' � 253
INNAN RIVER COUNTY PAGE 60
WABASSO CORRIDOR PLAN
will provide the meeting room for the "zoning pre -application" meeting with neighbors and will compile
citizen input provided at the pre -application meeting,
Community Identity
WC Action 4.1 — By 2017, Community Development will obtain a consensus on placement of
community signs; MPO staff will coordinate with FDOT on proper placement of community signs along
U.S. #1 and will coordinate with County Public Works on proper placement of community signs along
CR 510.
Infrastructure
WW Action 1.1 — By 2018, the County Public Works Department will evaluate drainage needs in the
Lowes Park and Douglas Subdivisions, identify potential solutions and improvements and present that
information to the Board of County Commissioners for consideration.
WW Action 1.2 — (On-going) The County Parks Division will continue to adequately maintain
improvements at the West Wabasso Park.
WW Action 1.3 — By 2018, the Countv Public Works Department will evaluate available right-of-way
along, 64h Avenue, and if adequate right-of-way is available will consider extending sidewalks atom
64' Avenue to the West Wabasso Park.
.WW Action 1.4 — By 2020, the County Parks Division will consider extending hours of -operation at
West Wabasso Park.
WW Action 1.5 — By 2019, the County Parks Division will refurbish the walking trail and improve the
-access point to the adjacent Wabasso Scrub Conservation Area within the West Wabasso Park.
Communication
WW Action 2.1— (On-going) The County Community Development Department will coordinate with
the City of Sebastian for projects in the cit
xproposed within 500 feet of West Wabasso and forward that
information to Wabasso residents and interested parties.
Land Use/Zoning/Development
WW Action 3.1— (On-going) The County Community Development Department will support affordable
housing projects within the West Wabasso area.
254
i it'1iJtT1 L.
INDIAN RIFER COUNTY PAGE 61
WABASSO CORRIDOR PLAN
WW Action 3.2 — (On-going) Through the SHIP (State Housing Initiatives Partnership) program, the
County Communijy Development Department will provide individual loan assistance to owner occupied
veru low and low income households that need housing rehabilitation.
WW Action 3.3 — (On-going) The County Communijy Development Department will investigate and
inform developers/business owners of available programs that assist low income/minority business
owners in West Wabasso with development and re -development projects.
Community Identity
WW Action 4.1— By 2017, the Community Development Department with the assistance of MPO staff
-will--000r-di-nate—with—PDGT- - -an d--the—GoLipft-Public -Wo rks --- Department on proper—placement.... of
community signs along CR 510.
KMPIavkrr 2
255
INDIAN RIVER COUNTY PAGE .62
Board of County Commissioners
December 18 , 2018
2018 Wabasso Corridor Plan
Implementation
Report Card/Progress Report
Background
C",In.fit may_ directed
to update the 2000
Plan Update Process (2016-2017)
-Series of community/public meetings
-Numerous County departments, staff, non -
BCC offices, and agencies participated
-Wabasso, West Wabasso residents and
interested parties participated
-Staff research, data collection, analysis
-Re-Write and update of the 2000 Plan
3
Re -write:
• Identified new community issues
• Added a special "West Wabasso" Section
• Included action plan with specific dates and actions
• BCC Approved the Wabasso Corridor Plan 2017 On April
4, 2014
WABASSO, CORRIDOR PLAN 2017'
ENDIAN RIVER COMM x'
80ARD OF COLANTY C0.\(MlSSl0`,VSRS
Wab'asso Corridor PI'an Area & West Wabasso Boundary
r
Town of I';.
City of QST. orchid
Sebastian
MROST
510
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CORRIDOR
Imm ST"
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west wabasso eocsr•"" �• • _ -
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• The plan does not contain an annual "report card" review
requirement although the action plan lends 'itself to a
"report card"/progress report evaluation
• This year staff prepared a "report card"/progress report for
the Board's information and consideration.
Wabasso Corridor Plan major issue topics:
I nf rastructu re
Communication
Land Use/Zoning/Development
Community Identity
o The Wabasso Corridor plan's "action plan" section contains
a total of 18 actions
• Wabasso Corridor (WC) portion of the plan contains 8
actions
West Wabasso (WW) portion of the plan contains 10
actions
Each action item addresses who, what, when
Each action must be implemented by its due date
10
Action Plan Implementation
All Wabasso Corridor (WC) Plan actions and
all West Wabasso (WW) Plan actions are
completed
Result: 100%
completed on time
Staff identified 3 "over and above" follow-
up actions
to more comprehensively
address items in the plan
Potential Follow-up Actions
• (WW Action 1.1) Hire an engineering consultant in 2020 to design a
drainage im improvement project for Lowes Park and Douglas subdivision in
accordance with the evaluation performed b Public Works and timingof
CR 510 66th Avenue desi n. Estimated cost: $100 000. Cost of drainae
/ g $ g
improvement project to be determined later, based on the project design.
• (WWW Action 1.3) Establish park entrance route (West Wabasso Park) to
allow for future 64 Avenue sidewalk extension to connect to the park
improvements area. Estimated cost: $400,000 for final routing and
sidewalk construction in 2019.
• (WW Action 1.5) Periodically refurbish the West Wabasso Park walking trail
as on-going maintenance task performed up to twice a year. Last
refurbishing completed in 2018. Estimated cost: $500.00 each time.
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Coordination with Wabasso Residents
The BCC staff repot and
draft "report card" was provided
to the Wabasso E-mail group
Recommendation
• Staff recommends that the Board of County Commissioners:
1. Review and accept the Wabasso Corridor Plan 2018 implementation report
card/progress report, and
2. Approve the three recommended follow-up actions listed in this report associated with
West Wabasso Action 1.11 Action 1.3, and Action 1.5 summarized as follows:
a. Hire engineering consultant in 2020 to design Lowes Park/Douglas Subdivision
drainage improvements.
b. Establish West Wabasso Park entrance route for 64th Avenue sidewalk extension
project and fund the sidewalk project for construction in 2019.
c. Periodically refurbish the West Wabasso Park walking trail up to twice a year.
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
r
Date: December 6, 2018
To: Jason E. Brown, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Prepared By: Cindy Corrente, Utility Finance Manager
Subject: Resolution to Adopt Water, Sewer, and Reclaimed Rates, Fees, and Other Charges
BACKGROUND
On November 6, 2018, the Indian River County Board of County Commissioners (BCC) directed the
County Attorney's Office to draft a rate resolution amending the Indian River County Department of
Utility Services (IRCDUS) Schedule of Water and Sewer Rates, Fees and Other Charges. The County
Attorney's Office has drafted the attached proposed resolution with an effective date of March 1, 2019.
RECOMMENDATION
Staff recommends that the Indian River County Board of County Commissioners (BCC) Chairman allow for
public comment on this matter and then have the BCC vote to approve the resolution, as drafted.
ATTACHMENTS
Proposed Resolution
Department of Utility Services Schedule of Water and Sewer Rates, Fees and Other Charges
256
Page 1 of 1
A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING REVISED INDIAN RIVER
COUNTY DEPARTMENT OF UTILITY SERVICES RATE SCHEDULE
WHEREAS, the Indian River County Board of County Commissioners ("Board") has
the authority to establish rates and fees pursuant to Florida Statutes Chapter 125; and
WHEREAS, Indian River County Department of Utility Services (IRCDUS) has not
conducted a comprehensive rate study since 1999; and
WHEREAS, in 2018, a Comprehensive Water, Wastewater, and Reclaimed Water Rate
Study was performed to examine the IRCDUS rates, fees and charges; and
WHEREAS, the Board desires to modify the IRCDUS rates, fees and charges where
appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
1. The Indian River County Board of County Commissioners adopts the attached Indian River
County Department of Utility Services rate schedule (see Exhibit "A").
2. The effective date of the fees contained in the Indian River County Department of Utility
Services fee schedule is March 1, 2019.
The foregoing resolution was moved for adoption by Commissioner ,
and seconded by Commissioner , and, upon being put to a vote, the vote was as
follows:
Chairman Bob Solari
Vice -Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
The Chairman thereupon declared the resolution duly passed and adopted this 18th day of
December, 2018.
ATTEST: Jeffrey R. Smith, Clerk of Court
and Comptroller
By:
Deputy Clerk
Approved as to form and legal sufficiency:
Dylan Reingold, County Attorney
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chairman
257
REPLACEMENT PAGES
Agenda Item 12.G.1. Pages 258 - 259
INDIAN RIVER COUNTY
r
Department of Utility Services
Schedule of Water and Sewer Rates, Fees, and Other Charges
As Adopted by Rate Resolution2018-
Effective March 1, 2019
SCHEDULE OF WATER AND SEWER RATES, FEES, AND OTHER CHARGES
Water
Service Availability Charge:
Single -Family and Commercial (per ERU) $ 8.75
Manufactured Home and Multi -Family 0.85 (per ERU) $ 7.44
Volumetric Charge- Water:
0— 4,000 gallons per month per connection — per 1,000 gallons $ 2.20
4,001— 7,000 gallons per month per connection — per 1,000 gallons $ 2.57
7,001-12,000 gallons per month per connection — per 1,000 gallons $ 4.95
12,001 and over gallons per month per connection — per 1,000 gallons $ 9.75
Sewer
Service Availability Charge:
Single -Family and Commercial (per ERU) $ 15.60
Manufactured Home and Multi -Family 0.85 (per ERU) $ 13.26
Volumetric Charge- Sewer:
0 —12,000 gallons per month per connection — per 1,000 gallons $ 2.86
12,001 gallons (billed water flow) per 1,000 gallons $ 4.29
Volumetric Charge for Mobile Home or Manufactured Home: $ 8.58
To be used only for sewer only accounts already established
as of January 1, 2013 and new accounts after January 1, 2013
only if County water is unavailable
Volumetric charge for single family homes under 3,500 square feet: $ 20.02
To be used only for sewer only accounts already established
as of January 1, 2013 and new accounts after January 1, 2013
only if County water is unavailable
Volumetric charge for single family homes over 3,500 square feet: $ 34.32
To be used only for sewer only accounts already established
as of January 1, 2013 and new accounts after January 1,,2013
only if County water is unavailable
Excess sewage strength charge: Sewage charge X Ratio
of total dissolved solids
or biochemical oxygen
demand in milligrams
per liter/ 250
Bulk Sewer
Billing charge — per account per month
Service availability charge — per ERU
Volumetric charge — per 1,000 gallons water meter basis
Volumetric charge —per 1,000 gallons sewer meter basis
Excess volume surcharge—greater than 7,600 gallons per month — per ERU*
*Surcharge for bulk users will apply to flow exceeding
total capacity reserved by bulk user in all meters
Excess sewage strength charge
Inflow & Infiltration (I&I)
I&I per thousand gallons up to 12,000 (per ERU)
I&I per thousand gallons over 12,000 (per ERU)
Per 1,000 gallons
Non -pressurized Reclaimed Water
Sludge and Septaee
$ 1.29
$ 13.41
$ 2.63
$ 2.98
$ 4.45
Sewage charge X Ratio
of total dissolved solids
or biochemical oxygen
demand in milligrams
per liter / 250
$ 5.72
$ 17.16
$ 0.21
Charge per 1,000 gallons (a) $ 62.55
Charge per wet ton (b) $ 15.00
One-time dump fee for recreational vehicle —per dump $ 10.00
(a) Recommended rates assume domestic sludge with solids concentration of between .5 and
2.0
(b) Costs incurred by County to sample, monitor and/or test wastes to verify solids
concentrations, metals, content, etc., or additional costs incurred to handle or dispose of
wastes with high metal concentrations or other non-domestic waste characteristics should
be recovered from the users discharging the wastes, in addition to the above charges based
on formulas available in the Department of Utility Services.
260
Other Rates, Fees, and Charges
Deposits — Except hydrant meter $ 50.00
Required upon opening, transferring or
reconnecting service — per ERU
Deposits — per hydrant meter
$ 345.00
Charge for returned check
As per Florida Statute
section 832.08
New Account fee (due opening or re -opening an account)
$ 25.00
Issuance of duplicate bill
$ 1.50
Meter removal fee
$ 75.00
Water service connection — 5/8" to 1.5" meter
$2,785.00
Water service connection — larger than 1.5" meter
Cost plus overhead
Sewer service connection —single family
$2,895.00
Sewer service connection — commercial
Cost plus overhead
Unauthorized use of fire hydrants -per occurrence
$ 115.00
Unauthorized use of fire hydrants volumetric charge - Indian River County
Department of Utility Services
(IRCDUS) shall be the sole determinant of usage as per County code
Meter installation - 5/8"
$ 130.00
Meter installation - 1"
$ 250.00
Meter installation -1.5"
$ 500.00
Meter installation - 2"and larger
Cost plus overhead
Meter installation — hydrant meter
Cost plus overhead
Line extension fees - water Cost plus overhead
Line extension fees — sewer Cost plus overhead
Water service disconnection determined by IRCDUS/includes reconnect $ 75.00
Customer requested disconnect $ 75.00
261
Customer requested reconnect $ 75.00
Inspection fee — during inspector's regular hours $ 75.00
Inspection fee — after hours — only in unique circumstances Cost plus overhead
Service call — during hours $ 75.00
Service call — after hours $ 95.00
Meter test 5/8" and 1" — on site $ 75.00
Meter test 5/8" and V — off site Cost plus overhead
Meter test 1.5" and larger Cost plus overhead
Damage repair Cost plus overhead
Line location Cost plus overhead
Other and extraordinary services Cost plus overhead
Utility master plan revision by requested changes to
the IRC Comprehensive Plan shall be paid by the
applicant requesting the change Cost plus overhead
Site plan review $ 150.00
Impact Fees
Water — per ERU $ 1,300.00
(Water treatment $676.00/water transmission $624.00)
i
Sewer— per ERU $ 2,796.00
(Wastewater treatment $1,650.00/wastewater transmission $1,650.00)
262
Regular Agenda Item
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: December 18, 2018
To: Jason E. Brown, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Prepared By: Cindy Corrente, Utility Finance Manager
Subject: Equivalent Residential Unit Issues
BACKGROUND
On December 4, 2018, the Indian River County Board of County Commissioners (BCC) voted to approve
language for an amendment to section 201.09 of the Indian River County Ordinance Code (Code) to allow
any customer who purchased equivalent residential units (ERUs), who has a current account for such
ERUs, and has not connected to the system, to apply to the Indian River County Department of Utility
Services (IRCDUS) for a refund, provided application is made within twenty-four (24) months of the
payment of impact fees. The reimbursement will be based on the impact fee schedule in effect at the
time of original payment. The BCC will be conducting a public hearing on this ordinance on December 18,
2018.
On December 4, 2018, the BCC also voted to approve language for another modification to section
201.09 of the Code to allow a customer who has a reserve account that is affiliated with an assessment
paid in lieu of impact fees affiliated with certain voluntary assessments that were adopted by resolution
between 1984 and 1989, and the reserve account is current, to apply to IRCDUS for a refund of the
amount of the assessment paid, so long as the property is either undeveloped or located 200 or more
feet from an existing water and/or sewer line, whichever is applicable. This modification will be heard as
part of the same ordinance public hearing as referenced above.
On December 4, 2018, the BCC also approved the language of the draft 90 -day ERU amnesty ordinance
and directed staff to bring back the proposed ordinance to a public hearing on December 18, 2018.
The BCC also approved language for an amendment to section 201.09 of the Code that would allow
Indian River County to reclaim any ERUs if a cumulative of 24 months of related service availability fees
become delinquent. Under that ordinance, any impact fees paid will be applied to the account balance,
and any excess fees will be refunded. That ordinance, a draft of which is attached, will be presented to
the BCC as part of a public hearing on January 8, 2019.
Staff was also directed to return to the BCC with a recommendation on language concerning the
relinquishment of ERUs. Pursuant to the BCC's request, staff has drafted language to be inserted into
section 201.09 of the Code which states that "[a]ny customer may relinquish any excessive ERUs, or ERUs
that cannot be used, if such ERUs are for capacity reserved for future use and the account for such ERUs
263
is current. The customer will not receive any refund." This sets up a mechanism in the Code, which will
allow someone who has excessive ERUs, to relinquish such ERUs, so long as the account is current. Staff
seeks guidance from the BCC on the proposed language and seeks authority to include this as part of the
ordinance public hearing scheduled for January 8, 2019.
Finally, on December 4, 2018, the BCC directed staff to work with the County Attorney's Office to
approve a process that allows the County to enter into a final settlement agreement with property
owners with large Planned Unit Development (PUD) ERU Reserve Accounts, whereby the County will
reclaim ERUs, with the caveat that if the final executed settlement agreement is not performed within
the time certain of six months from December 18, 2018, the County will proceed with foreclosure.
The County Attorney's Office has drafted language to be incorporated into section 201.08 of the Code,
which states that "[t)he utilities director may release service availability charges for ERUs reserved for
future use and associated delinquency charges if the customer pays 10% of the amount owed, including
all charges, penalties and interest, and executes the Agreement for Release of ERUs in substantially the
same form as approved by the Board." Staff seeks guidance from the BCC on the proposed language and
seeks authority to include this as part of the ordinance public hearing scheduled for January 8, 2019.
The County Attorney's Office has prepared the attached draft final settlement agreement with two
options. The first option would require the property owner to pay the County the difference between the
value of the reserved ERUs that are being relinquished and the amount of the outstanding charges,
penalties and interest owed to County.
The second option would be to have the property owner pay the County ten percent of the outstanding
charges, including penalties and interest, as compensation for a portion of the utility costs experienced
during the period of ownership of the ERUs through and including the release of the ERUs.
In addition to making the payment as determined by the BCC, the property owner would release all
reserved ERUs associated with the Property. The impact fee value of the ERUs being released will be
applied by the County first against any remaining utility costs owed to County and then to any remaining
penalties and interest owed to the County associated with the property. Once the property owner has
made the payment and released the ERUs, then the County would then release the lien associated with
the delinquent account for the property. Any development of the Property will require the payment of
utility impact fees. Additionally, the property owner would not be entitled to any refund.
FUNDING
Funding for the various options presented may affect both the capital fund and operating fund. Capital
funds are generated from impact fees, and operating funds are generated from water and sewer sales.
Refunds of any impact fees paid will utilize capital funds. Offsetting account balances for accounts where
settlement agreements are made may use impact fees as well. In many cases, the impact fees paid will
not cover the balance due on the account. In those situations, operating funds will also be utilized when
writing off the bad debt. Any operating fund adjustments will reduce water and sewer sales and penalties
for the time period during which the write off occurs.
264
Page 2 of 3
Any write off of penalties and interest for account holders taking advantage of amnesty will also be
funded from the operating fund. These adjustments will reduce the revenues for penalties for the time
period during which the write off occurs.
At the expiration of the amnesty period and the six-month window for settlement agreements, staff will
present an informational item to the board that depicts actual amounts written off.
The estimated impact to capital funds is $5,319,846 and to the operating fund is $1,079,791. This
assumes that all voluntary reserve account holders would opt for refunds and the nine highest accounts
receivable PUD reserve account holders would take advantage of amnesty. It should be noted, that there
are other account holders that may qualify for amnesty or refund of ERUs as well. Therefore, these
numbers can vary - plus or minus - based upon which account holders decide to participate in the various
reserve -related programs.
RECOMMENDATION
Staff recommends that the Indian River County Board of County Commissioners (BCC) authorize staff to
come back with an ordinance at a public hearing on January 8, 2019, which will 1) allow for the
reclamation of equivalent residential units (ERUs), 2) allow for the relinquishment of ERUs, and 3) provide
a method for settlements of delinquent reserve accounts. Finally, staff recommends that the BCC
approve the form contract for the settlement of delinquent reserve accounts and decide the payment
amount to be made by the property owner.
ATTACH M E NTS
Proposed Agreement for Release of ERUs
Proposed Ordinance
265
Page 3 of 3
AGREEMENT FOR RELEASE OF ERUs
THIS AGREEMENT FOR RELEASE OF RESERVE ERUs (hereinafter
"Agreement") is entered into as of the day of , 2019 (hereinafter
"Effective Date") by and between Indian River County, Florida, a political subdivision of
the State of Florida ("County") and (hereinafter
"Owner').
WHEREAS; Owner voluntarily paid for and reserved capacity in the utility system
with water and or sewer impact fees; and
WHEREAS; the County used the impact fee monies to expand its treatment
system and distribution/collection system (the "System") in order to provide the capacity
reserved; and
WHEREAS; the County, in expanding the System, has and continues to incur
various utilities -related costs ("Utility Costs") to maintain the capacity reserved; and
WHEREAS; Owner is delinquent in payments to County for various Utility Costs
associated with the property located at (the "Property");
WHEREAS, Owner desires to resolve the issues relating to the delinquent
payments associated with the Property;
NOW, THEREFORE, in consideration of the foregoing and the mutual benefits,
undertakings and covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
Section 1. Adoption of "Whereas" Clauses.
The above recitals are true and correct and are incorporated herein.
Section 2. Owner Payment to County.
Option 1.
In the event that the value of the reserved ERUs is less than the amount of the outstanding
charges, penalties, and interest owed to County, Owner shall pay County the difference
between the value of the reserved ERUs and the amount of the outstanding charges,
penalties and interest owed to County.
266
Option 2.
Owner shall pay the County ten percent of the outstanding charges, including penalties
and interest, as compensation for a portion of the Utility Costs experienced during the
period of ownership of the ERUs through and including the release of said ERUs.
Section 3. Release of ERUs
In addition to making the payment as set forth in section 2 above, Owner agrees to release
all reserved ERUs, as such term is defined in section 201.01 of the Indian River County
Code of Ordinances, associated with the Property. The impact fee value of the ERUs
being released will be applied by the County first against any remaining utility costs owed
to County and then to any remaining penalties and interest owed to the County associated
with the Property. Once Owner has made the payment per section 2, above and released
the ERUs per this section, then the County will release the lien associated with the
delinquent account for the Property. By releasing these ERUs, Owner acknowledges and
agrees that the utility entitlements are hereby released and relinquished for the Property.
Any development of the Property will require the payment of utility impact fees.
Section 4. No Refund
In exchange for the reduction of the outstanding amount owed to the County, the Owner
agrees and acknowledges that Owner is not entitled to and will not receive any refund
from the County.
Section 5. Recording.
This Agreement shall be recorded in the Public Records of Indian River County and will
run with the land. Owner shall pay for the costs of recording of the Agreement and the
recording of any releases of lien.
Section 6. Release.
Owner release, acquits, and forever discharges County, its commissioners, officers,
employees, agents, representatives, and insurers, from all claims, causes of action,
demands, debts, liabilities, and obligations, of every name and nature, known or
unknown, asserted or unasserted, accrued or unaccrued, both at law or in equity,
including any claims relating to the use of the impact fees associated with the ERUs, from
the beginning of time to the Effective Date.
Section 7. Binding Effect.
This Agreement is final and binding on the Owner and County, including their heirs,
successors, and future assigns.
267
Section 8. Governing Law; Venue; Attorney Fees. This Agreement shall be construed,
governed and interpreted according to the laws of the State of Florida. Venue for
resolution of any dispute shall be in Indian River County, Florida. Owner and County shall
bear their own attorney fees in any dispute arising under this Agreement.
Section 9. Entire Agreement; Amendments. This instrument constitutes the entire
agreement between the parties and supersedes all previous discussions,
understandings, and agreements between the parties relating to the subject matter of this
Agreement. Amendments to and waivers of the provisions of this Agreement shall be
made by the parties only in writing by written amendment or other appropriate written
document. This Agreement may be executed in separate counterparts, each of which
shall be deemed to be an original and all of which together shall constitute one and the
same instrument.
Section 10. Sovereign Immunity. Nothing herein shall constitute a waiver of the
County's sovereign immunity.
Section 11. No Third Party Beneficiaries. Except as otherwise expressly provided
herein, this Agreement is solely for the benefit of the named parties, and no enforceable
right or cause of action shall accrue hereunder to or for the benefit of any entity or
individual not a named party hereto.
IN WITNESS THEREOF, the parties have set their hands and seals the date
entered below.
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY ("Indian River
County")
Vincent Burke, Utilities Director
Approved as to form and legal sufficiency:
Dylan Reingold
County Attorney
268
Witness:
Owner
By:
Date:
RM
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS . OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.08 (RATES
AND CHARGES) AND 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 RECLAIMING AND RELINQUISHMENT OF WATER AND SEWER
IMPACT FEES UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING FOR
CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS,
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. 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 Indian River County Board of County Commissioners 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 2. Amendment of Section 201.08 (Rates and charges) and Section 201.09
(Impact Fees) of Part I (In General) of Chapter 201 (County Water and Sewer Services).
New language indicated by underline, and deleted language indicated by GtFikethreugI4.
Section 201.08 (Rates and charges) and Section 201.09 (Impact Fees) of Part I (In General)
of Chapter 209 (County Water and Sewer Services) of the Code of Indian River County, Florida
are hereby amended to read as follows:
CHAPTER 201. COUNTY WATER AND SEWER SERVICES.
PART I. IN GENERAL
Section 201.08. Rates and charges.
N. Release of Service availability charges for ERUs reserved for future use
in a development and delinquency charges. The utilities director may release service
availability charges for ERUs reserved for future use and associated delinquency charges if
the customer pays 10% of the amount owed, including all charges, penalties and interest
270
and executes the Agreement for Release of ERUs in substantially the same form as
approved by the Board.
Section 201.09. Impact fees.
E. Reduction, refund, reclamation and relinquishment of impact fees. Any
commercial customer whose maximum monthly water use or sewage
flow remains below the amount corresponding to the number of ERUs
assigned to such customer for a period of twenty-four (24) months and
for which impact fees have been paid, may make application to the
department to reduce the number of ERUs assigned and seek
corresponding reimbursement of impact fees paid, as they aro resold h.,
the setRty. The county may refund impact fees actually paid, without
interest, based on the impact fee schedule in effect at the time of original
payment or at the prevailing Fate,Ghever is less, providedthe
depaFtment has re sold e, ,nh ERUs c•ine+o the imnnnt foo rofi nel
appliGatiOR was made. Subsequent water use or sewage flow in excess
of flows corresponding to customer's number of assigned ERUs will be
subject to the provisions of this chapter.
Any customer who purchased ERUs, and the account for such ERUs is
current, and the customer has not connected to the system may make
application to the department for a refund provided application is made
within twenty-four (24) months of the payment of impact fees.
Reimbursement will be based on the impact fee schedule in effect at the
time of original payment.
Any customer who has a reserve account affiliated with an assessment
paid in lieu of impact fees affiliated with certain voluntary assessments
that were adopted by resolution between 1984 and 1989 and the reserve
account is current, may make application to the department for a refund
of the amount of the assessment paid, so long as the property is either
undeveloped or located 200 or more feet from an existing water and/or
sewer line, whichever is applicable. Refunds will be equated to a per
ERU basis and refunded at the amount actually paid.
The County may reclaim any ERUs reserved for future use, if a
cumulative of twenty-four (24) months of related service availability fees
become delinquent. Any impact fees paid will be applied to the account
balance and any excess of such fees will be refunded.
271
Any customer may relinquish any excessive ERUs or ERUs that cannot
be used if such ERUs are for capacity reserved for future use and the
account for such ERUs is current. The customer will not receive any
refund.
Section 3. Codification. It is the intention of the 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 4. 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 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. 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 December,
2018, for a public hearing to be held on the day of , 201_, at which
time it was moved for adoption by Commissioner , seconded by Commissioner
, and adopted by the following vote:
Chairman Bob Solari
Vice -Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
The Chairman thereupon declared the ordinance duly passed and adopted this day of
.2019.
272
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
in
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chairman
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of
, 201 _.
273
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
PPA
County Attorney's Matters - B. CC 12.18.18
Office of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: December 3, 2018
SUBJECT: Commercial PACE Program
ATTORNEY
BACKGROUND.
On October 16, 2018, the Indian River County Board of County Commissioners (the "Board") voted 3 -2 to
direct staff to present additional information about the Commercial PACE (Property Assessed'Clean Energy)
Program and present an example of a resolution for the Commercial PACE Program.
There are four local governmental entities who provide PACE services in Florida. These are Florida Green
Finance Authority, Florida PACE Funding Agency, Green Corridor PACE District and Florida Resiliency
and Energy District. The first three provide Commercial PACE services. These four local governments are
each administered by a separate program administrator Renew Financial, CounterPointe, LLC, Ygrene and
Renovate America, respectively.
Indian River County would "join" these programs by signing onto an Interlocal Agreement creating the
programs pursuant to the Florida Interlocal Cooperation Act, Section 163.01, Florida Statutes. The base
Interlocal Agreement for each program contains such as items as how the individual program was formed,
how it is governed, how it issues debt and indemnifications for participating local government. To participate
in all of the PACE programs, Indian River County would execute Interlocal Agreements with each PACE
local governmental entity separately. The Board would also have to pass a resolution evidencing intent to
participate in the PACE program and the Interlocal Agreement, which can be accomplished through one
"multi -provider" resolution including all PACE local governmental entities at once.
The PACE local governmental entity is responsible for providing financing for the PACE program. Capital
providers or the external lending parties buy the bonds, which provides capital for the PACE program. By
statute, the assessments and debt secured by the assessments are issued by the PACE local governmental
entity and these obligations cannot encumber the participating local governments. The PACE local
governmental entity and the program administrator incorporate all government -imposed (such as Tax
Collector) administrative fees into the financing and get paid at closing. The financing provided to a
F..IAuo ty$LindaiGENERALIB C CUgendahlemoslCommenaial PACE Pmgam.doa 27
Board of County Commissioners
December 3, 2018
Page Two
participating property owner is used to pay for the contractor to perform the work on the property. The
contractor will be certified by one of the participating PACE local governmental entities.
As part of the PACE program, the PACE local governmental entity will be paid back through the annual
assessments levied by the Tax Collector on the non -ad valorem assessment and ad valorem tax rolls. As part
of this process, the PACE local governmental entity, its program administrator or a hired tax administrator
will prepare the assessment roll and interface with the Tax Collector, and if required the Property Appraiser,
with respect to the annual assessment.
Per the Board's direction, attached is a copy of an Escambia County resolution authoring the PACE Program
for commercial properties. Also, attached is the interlocal agreement between Escambia County and the
Florida Green Finance Authority.
ATTACHMENTS.
Escambia County Commercial PACE Program Resolution
Interlocal Agreement Between Escambia County and the Florida Green Finance Authority
F:'Am—yVi dWGEA•ERALOCPACEP-S—dcr 275
E:I-L-ar tbla County
Clerk's Original
9Z3ZJ 1S RESOLUTION NUMBER R2095- I. z
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ESCAMBIA COUNTY, FLORIDA, EXPRESSING THE COUNTY'S
SUPPORT AND INTENTION TO CREATE WITHIN THE
UNINCORPORATED AREAS OF ESCAMBIA COUNTY, THE "FLORIDA
GREEN ENERGY WORKS PROGRAM" A VOLUNTARY PROGRAM
PROVIDING INTERESTED COMMERCIAL PROPERTY OWNERS WITH
THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY
IMPROVEMENTS ON THEIR PROPERTY BY REPAYMENT THROUGH
NON -AD VALOREM ASSESSMENTS ON THEIR PROPERTY TAX BILL;
AUTHORIZING THE CHAIR OF THE ESCAMBIA COUNTY BOARD OF
COUNTY COMMISSIONERS TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY
FOR ADMINISTRATION OF THE FLORIDA GREEN ENERGY WORKS
PROGRAM IN THE UNINCORPORATED AREAS OF ESCAMBIA
COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, home and business energy consumption accounts for a large
portion of the overall usage of energy in a community; and
WHEREAS, there is a vast quantity of existing structures with many years
V) of remaining life before replacement, and these structures are not as energy efficient as
o today's standards, nor do many existing buildings have renewable energy systems
installed to provide some or all of their electric energy needs and many buildings are in
Cs need of improvements to protect them against damage from storm events; and
WHEREAS, installing energy efficiency, renewable energy and wind resistance
improvements on existing structures can provide significant progress towards increased
energy conservation and protection of properties in the unincorporated areas of the
County and statewide; and
WHEREAS, the upfront costs of these improvements are a hurdle to installing
them and existing financing options may be insufficient for property owners to access
cost-effective financing for energy-saving or wind -resistance property improvements
due to requirements associated with traditional debt. or equity financing options; and
WHEREAS, the expected life of energy efficiency, renewable energy or wind
resistance projects may require a longer term payback period than offered by traditional
financing, which may necessitate alternative options to fund installation of the
improvements; and
WHEREAS, local governments within Florida and nationally have either formed,
or are contemplating the formation of, programs to provide alternative financing options
allowing a property owner to voluntarily finance energy efficiency and renewable energy
improvements through payment of non -ad valorem assessments; and
276
WHEREAS, the State of Florida has declared it the public policy of the State to
develop energy management programs aimed at promoting energy conservation and
protecting properties from wind damage; and
WHEREAS, the financing provided to. these participating property owners will be
repaid though non -ad valorem assessments and only those property owners who
request to participate will be levied the assessments; and
WHEREAS, the benefits of these energy financing programs include improved
air quality, lowered fossil fuels use, creating energy independence and security,
promoting the creation of jobs and economic development by stimulating "green
industries" and saving citizens money by reducing energy consumption; and
WHEREAS, Section 163.08, Florida Statutes authorizes local governments in
Florida to either form individually, or in partnership with other local governments,
programs to allow property owners to voluntarily finance energy efficiency, renewable
energy or wind resistance improvements; and
WHEREAS, the Town of Lantana has formed the Florida Green Energy Works
program which is an energy financing program created pursuant to Section 163.08,
Florida Statutes; and
WHEREAS, other local governments in the State are able to partner in the
Florida Green Energy Works program by executing an Interlocal Agreement with the
Florida Green Finance Authority to administer the program, thus eliminating the costs
and reducing the efforts to form an energy financing program by individual local
governments; and
WHEREAS, the Florida Green Finance Authority is already creating the
financing, levy and collection process to implement the Florida Green Energy Works
program through the local government partners; and
WHEREAS, the Florida Green Energy Works program will provide significant.
benefits including property owner cost savings, enhancing property values, economic
development and job opportunities and Escambia County believes that, it is in the best
interests of the health, safety and welfare of its citizens to participate in 'the program and
authorize the County Administrator and County Attorney to finalize the Interlocal
Agreement with the Florida Green Finance Authority and begin. the steps to create the
Florida Green Energy Works program for commercial properties in the unincorporated
areas of Escambia County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS. OF ESCAMBIA COUNTY, FLORIDA, THAT:
Section 1. The above declarations are true and accurate, and are incorporated
herein.
277
Section 2. The Board of County Commissioners of Escambia County, a political
subdivision of the State of Florida, hereby authorizes participation in the Florida Green
Finance Authority to implement the Florida Green Energy Works program for
commercial properties.
Section 3 The Board of County Commissioners hereby directs the County
Administrator and County Attorney to finalize the Interlocal Agreement with the Florida
Green Finance Authority, and further authorizes the Chair of the Board of County
Commissioners to execute the Interlocal Agreement on behalf of the County.
Section 4. The Board of County Commissioners hereby directs that the County
Administrator and County Attorney to begin creating the levy and collection process for
the voluntary non -ad valorem assessments with the Florida Green Finance Authority
and Escambia County Property Appraiser and Tax Collector.
Section 5. This Resolution shall take effect immediately upon adoption.
ADOPTED this ?Zif ay of , 2015.
ATTEST: Pam Childers
Clerk of the Circuit -Court
"""��• deputy Cie
010
O •' �, ��jy �i
''Ohl ��'C
AMM
H o°
BOARD OF COUNTY COMMISSIONERS
ESCAMBIA COUNTY, FLORIDA
Steven Barry, C airman
This
and
By
.'in
Date Executed
g18laais-
278
Escambia County
Clerk's original
otDigParty Membership Agreement
to the Florida Green Finance Authority
WHEREAS, Section 163.01, F,S., the "Florida Interlocal Cooperation Act of
1969," authorizes local govemment units to enter into Interlocal agreements for their
mutual benefit; and
WHEREAS, the Town of Lantana, Florida, a Florida municipal corporation
("Lantana") and the Town of Mangonia Park, Florida, a Florida municipal corporation,
("Mangonia Park") entered into an Interlocal Agreement, dated June 11, 2012, as
modified by the First Amended and Restated Interlocal Agreement dated August 11,
2014, establishing the Florida Green Finance Authority as a means of implementing and
financing a qualifying improvements program for energy conservation and efficiency
improvements, and to provide additional services consistent with law; and
WHEREAS, Escambia County, a political subdivision of the State of Florida,
desires to become a member of the Florida Green Finance Authority in order to facilitate
the financing of qualifying improvements for energy conservation for commercial
a
properties located within Escambia County,
m
NOW, THEREFORE, it is agreed as follows:
1E
1. The Interlocal Agreement between the Florida Green Finance Authority, the
Town of Lantana and the Town of Mangonia Park, entered into on June 11, 2012, as
modified by the First Amended and Restated Interlocal Agreement dated August 11,
.� 2014,' (the "Interlocal Agreement` %. for the purpose of facilitating the financing of
qualifying improvements for energy conservation and efficiency via the levy and
collection of voluntary non -ad valorem assessments on improved property is hereby
supplemented and amended on the date last signed below by this Party Membership
�a
Agreement, which is hereby incorporated into the interlocal Agreement.
0
2. The Florida Green Finance Authority, together with its member Parties and
Escambia County, with the intent to be bound thereto, hereby agree that Escambia
County shall become a Party to the Intedocal'Agreement together with all of the rights
and obligations of Parties to the Interlocal Agreement; provided, however, that the
financing of qualifying improvements for energy conservation in Escambia County shall
be limited to commercial properties. Furthermore, notwithstanding anything to the
contrary in the interlocal Agreement, the Florida Green Finance Authority shall not use
Escambia County's name or seal in any of its advertising or other documents without
written authorization for each use from the County Administrator.
3. The Service Area of the Florida Green Finance Authority shall include the legal
boundaries of Escambla County.
4. Escambla County hereby agrees to appoint a representative to serve as an
Authority Board Director serving an initial term of three (3) years. All Parties
279
acknowledge that the remaining Directors will each be appointed by the governing body
of the first Party from each requisite water management district boundary area that joins
the Authority through execution of this Agreement and that desires to serve as a
Director.
5.: Escambia County designates the following as the respective place for any
notices to be given pursuant to the Interlocal Agreement Section 27:
Escambia County Keith Wilkins, Director
Community & Environment Department
221 Palafox Place
Pensacola, FL 32502
With a copy to: Escambia County Attorney's Office
221 Palafox Place, Suite 430
Pensacola, FL 32502
6. This Party Membership Agreement shall be filed by the Authority with the Clerk of
the Circuit Court In the Public Records of Palm Beach County as an amendment to the
Interlocal Agreement, in accordance with Section 163.01 (11), Florida Statutes.
IN WITNESS WHEREOF, the Parties hereto subscribe their names to this
Interlocal Agreement by their duly authorized officers.
ATTEST The Florida Green Finance Authority, a
Separate legal entity established pursuant to
Section 183.01(7), Florida Statutes
Secretary of the.Authodty
Approved by Authority Attorney
as to form and legal sufficiency
ATTEST: PAM CHILDERS
Clerk- of the Circi.
BCC Approved d 7 — a 3 02o 15
ESCAMBIA COUNTY, a political subdivision of
the State of Florida
By: _ 9—
,o Steven Bary, Chairman
Date Executed
Approved as to form and legal
sufficiency.
ByMtle:
Date: 2
280
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
County Attorney's Matters - B. C.C. 12.18.18
Office of
INDIAN
MEMORANDUM
TO: Board of County Commissioners t,
Kate Pingolt Cotner, Assistant County Attorney
DATE: December 6, 2018
RIVER COUNTY
ATTORNEY
SUBJECT: Interlocal Agreement with the Florida Department of Juvenile Justice to Administer Local Juvenile
Diversion Program
Background: Pursuant to Section 939.185, Florida Statutes, the Indian River County (County) collects fees
specifically for the operation and administration of juvenile alternative programs. Historically, the local juvenile
diversion program has been administered by the Court Administration for the Nineteenth Judicial Circuit (Court
Administration).
On April 9, 2018, Chief Judge Metzger of the Nineteenth Judicial Circuit wrote a letter to the County which
indicated the Court Administration would no longer administer the juvenile diversion programs after July 31, 2018.
On May 14, 2018, the Florida Department of Juvenile Justice (DJJ) sent a letter to the County stating that it intends
to partner with agencies in the community to ensure that the local youth receive civil citations and/or diversion
opportunities. To do so, however, DJJ would need the remaining funds collected pursuant to Section 939.185,
Florida Statutes, for current fiscal year 2017/2018.
On July 3, 2018, the Indian River Board of County Commissioners (Board) approved the recommendation by the
County's Director of the Office of Management and .Budget to authorize DJJ to assume responsibility for the
administration of the local juvenile diversion program. The Board directed the County Attorney's Office to develop
an interlocal agreement between the County and the DJJ for the Chairman's signature.
Subsequently, the County Attorney's office worked with DJJ to come up with an interlocal agreement.
Funding: Funding for any costs associated with the local juvenile diversion program would come from additional
Court Costs/ Department of Juvenile Justice/Teen Court 14191023-088401. Funding in the amount of $27,500 is
budgeted and available for fiscal year 2018/19.
Recommendation: The County Attorney's Office recommends the Board of County Commissioners approve the
attached interlocal agreement and authorize the Chairman to sign for the County.
Attached
Interlocal Agreement Between Indian River County and State of Florida Department of Juvenile Justice
281
INTERLOCAL AGREEMENT
BETWEEN
INDIAN RIVER COUNTY AND
STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE
THIS AGREEMENT (the "Agreement") is made and entered into this day of
, 2018, by and between Indian River County, a political subdivision of the
State of Florida (hereinafter the "County"), and the State of Florida Department of Juvenile Justice
(hereinafter the "DJJ").
WHEREAS, Pursuant to Section 939.185, Florida Statutes, the County collects fees
specifically for the operation and administration of juvenile alternative programs; and,
WHEREAS, The County has requested DJJ assist the County to provide juvenile diversion
programs (civil citation or other diversion programs) and to receive funds to use for operation and
administration of such programs; and
WHEREAS, the County -and DJJ desire to enter into this Interlocal Agreement to allow
DJJ to assist the County.
NOW, THEREFORE, in consideration of these premises and mutual covenants contained
herein, the parties agree as follows:
L GENERAL
This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida
Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties.
There are no promises, terms, conditions, or obligations other than those contained therein, and
this Agreement shall supersede all previous telecommunications, representations, or agreements,
either verbal, or written, between the parties hereto. The above recitals are true and correct.
2. COUNTY
The County agrees to provide funds on an annual basis to DJJ to provide juvenile diversion
programs (civil citation or other diversion programs) for Indian River County.
3. DJJ
DJJ agrees to receive funds annually (State fiscal year ("FY") July 1 — June 30) for distribution.
Based on information provided by DJJ, the County agrees to pay $27,500 for the juvenile diversion
programs for FY 2018-2019. For FY 2019-2020 and thereafter, the County will remit to DJJ the
fees collected annually pursuant to Section 939.185, Florida Statutes. DJJ will invoice the County in
October of each FY. DJJ will annually identify a contracted service provider to provide juvenile
282
diversion programs (civil citation or other diversion programs) for Indian River County. Services
include assessment of service needs; Individual Service Plan; Case Management; Restitution
Collection; Community Service Oversight; Delinquency Interventions and/or Mental Health or
Substance Abuse services. DJJ will distribute funding for services rendered by the selected
provider on a monthly basis upon documentation of services delivered to Indian River County
youth. The DJJ is required to provide an annual report -on the results of the program operation.
The report is to be provided annually no later than ninety (90) days after the end of the State Fiscal
Year (July 1 through June 30). The report, shall at a minimum, contain the following information:
1. Number of youth admitted in the fiscal year
2. Number of youth who completed the program in the fiscal year
3. Number of youth who offended during services in the fiscal year.
4. TERM OF AGREEMENT
This Agreement shall be effective beginning on the date written above and end on
September 30, 2019. This Agreement shall automatically renew on an annual basis unless either
party gives at least sixty (60) days advance written notice of its intent to terminate the agreement
at the end of the then existing term.
5. TERMINATION
This Agreement shall terminate automatically upon mutual written agreement of the
parties. Either party may terminate the Agreement with a ninety (90) day's prior written notice to
the other party.
6. NOTICES
All notices requited or permitted are to be given under the terms and provisions of this
Agreement by either party to the other shall be in writing and shall be sent by registered or certified
mail, return receipt requested, to the parties as follows:
As to DJJ:
Chief Probation Officer
Department of Juvenile Justice, Circuit 19
337 North 4th Street, Ste. 307
Fort Pierce, FL 34950
As to the County:
Indian River County Administrator
180127 th Ave., Building A
Vero Beach, Florida 32960
With a copy to:
Indian River County Attorney
1801 27`h Ave., Building A
Vero Beach, Florida 32960:
or to such other address as may hereafter be provided by the parties in writing. Notices by
registered or certified mail shall be deemed received on the delivery date indicated by the U.S.
Postal Service on the return receipt.
283
7. WAIVER
There shall be no waiver of any right related to this Agreement unless in writing signed by
the party waiving such right. No delay or failure to exercise a right under this Agreement shall
impair, such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the
particular right so waived and shall not be deemed a waiver of the same right at a later time, or of
any other right under this Agreement.
8. INVALIDITY OF PROVISIONS
The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in
this Agreement shall not affect the validity of the remaining portion of the Agreement, provided
that the material purposes of this Agreement can be determined and effectuated.
9. PUBLIC RECORDS
DJJ shall allow public access to all documents, papers, letters, or other material subject to
the provisions of Chapter 119, Florida Statutes, and made or received by DJJ in conjunction with
this Agreement. Specifically, DJJ shall:
A. Keep and maintain public records that ordinarily and necessarily would be required by
the County in order to perform the service.
B. Provide the public with access to public records on the same terms and conditions that
the County would provide the records and at a cost that does not exceed the cost
provided in state law or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the County
all public records in possession of DJJ upon termination of the contract and destroy any duplicate
public records that are exempt, or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the County in a format that is
compatible with the information technology system of the County.
IF DJJ HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO DJJ'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT (772) 226-1424, PUBLICRECORDS@IRCGOV.COM, COUNTY ATTORNEY'S
OFFICE 180127TH STREET, VERO BEACH, FL 32960.
284
10. WHOLE UNDERSTANDING
This Agreement embodies the whole understanding of the parties. Thete are no promises,
terms, conditions or obligations other than those contained herein; and this Agreement shall
supersede all previous communications, representations, or agreements, either verbal or written,
between the parties hereto.
11. AMENDMENTS
The Agreement may only be amended by a written document signed by all. parties and filed
with the Clerk of the Circuit Court of Indian River County, Florida.
12. EFFECTIVENESS
This Agreement shall be filed with the Clerk of the Circuit Court of Indian River County,
Florida, prior to its effectiveness.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their
duly authorized representative(s) on the latest day and year noted below.
ATTEST:
Deputy Clerk,Chair
WITNESSES:
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
STATE OF FLORIDA DEPARTMENT OF
JUVENILE JUSTICE
BY:
Wydee'a E. Wilson, CPM
Dylan Reingold, County Attorney
William K DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
13
County Attorney's Matters - B. CC 12.18.18
Offz of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Kate Pingolt Cotner, Assistant County Atto y05
DATE: December 5, 2018
SUBJECT: Treasure Coast Tri -County 2019 State Legislative Priorities
ATTORNEY
Background: On November 26, 2018, the Indian River County Board of County Commissioners
("Board") met with the Martin County Board of County Commissioners and the St. Lucie County Board
of .County Commissioners pursuant to Section 125.001, Florida Statutes. The purpose of the meeting was
to discuss a number of legislative issues that impact the Treasure Coast. Subsequently, staff worked with
the Legislative Coordinator for Martin County and the Legislative Director for St. Lucie County to draft
the attached Treasure Coast Tri -County Legislative Priorities list. This list will assist the County
Attorney's Office, the County Administrator, and the County's contract lobbyists during the 2019 State of
Florida legislative session which is scheduled'to begin on March 5, 2018.
Recommendation: The County Attorney's Office recommends that the Board adopt the attached Treasure
.Coast Tri -County 2019 State Legislative Priorities.
Attachment: Treasure Coast Tri -County 2019 State Legislative Priorities
:Z
Treasure Coast Tri -County Legislative Priorities
1. Home Rule Authority of Local Governments
a. Oppose legislation to preempt a local government's ability.to respond to local concerns.
b. Oppose legislation to preempt a local government's ability to regulate vacation rentals.
c. Oppose legislation that would interfere with a local government's ability to impose a
business or occupational tax.
d. Oppose legislation that would interfere with a local government's ability to raise or lower its
millage rate.
2. Indian River Lagoon
a. Support the Florida Department of Env -if
for $50 million granted to septic to sewer
3. Marjory Stoneman Douglas Act
a. Support the creation of a new dec
School Resources Officers (SRO)
4. Dedicated Annual Funding for Beach Renou
a. Support the creation o£.;a new dedicated
3��
renourishment projects MRffiftcegrately
gz
future beach and inlet oroie`-,f&.ielin .n,
5. Affordable Hous
a. Support
afford al?�
b. Support'v
retrofittin
h�usin n
tc��Si�pportse
nh Fund froi
transfer u
6. Biosolid`s'
a. Sutiuortxe
full
"I
:tion's Legislative Budget Request
ects near Florida's estuaries.
I recurring statutriro"Cunding source to fully. fund
in all public schools
`g statutory funding gbdree for beach
increase in participating programs and
tax revenues for state and local
create jobs in home repair, hardening homes,
tal units, and lowering the energy costs to make
aptifflj State I=10 g,Tn Fund and the Local Government Housing Trust
provifflff,kauthorizingtlae?I egislature, in the General Appropriations Act, to
ropriated>;ca'sh balances from specified trust funds to the Budget Stabilization
11
:nerRevenuerl fund, etc.
4
NMI
)fishing NMI program for funding new state of the art wastewater
to irnboe, recover and afford more efficient use of human wastewater
bio solids.M k �
b. Support resor or eliminating land application of Class B biosolids within the following
watersheds that impact the St. Johns River, the Upper Basin, the Middle Basin, and the
Lower Basin.
7. Recycling Goal
a. Support future recycling goals that are based on energy efficiency rather than weight.
b. Oppose any fines or consequences associated with contamination or not meeting the
recycling goal.
287
8.. Foreign Trade Zones
a. Support the expansion of the Treasure Coast Foreign Trade Zone #218 to include the
geographic area of St. Lucie, Martin and Indian River Counties.
9. Short Term Rentals
a. Oppose policies that would preempt a local government's ability to have local ordinances
related to short term rentals.
288
�9
Indian River County's Preliminary Legislative List
2019 State Legislative Session
Finance, Tax, and Administration
f ,;�• 6'
- Legislation Relating to Vacation Rentals
• Indian River County BCC OPPOSES policies that would preempt a local government's
ability to have local ordinances related to vacation rentals.
Legislation Relating to Affordable Housing Program
• Indian River County BCC SUPPORTS retaining the full amount of dedicated
documentary tax revenues to fund state and local affordable housing programs.
- Legislation Relating to the Tourist Development Tax
• Indian River County BCC OPPOSES policies that mandate tourist development funds be
diverted away from local communities, or impair the County's use of the funds for local
tourist development.
Growth Management, Agriculture, Transportation & Environment
- Legislation Relating to Biosolids
• Option (1) Indian River County BCC SUPPORTS policies that restrict or ban the land
application of Class B biosolids in the State of Florida.
• Option (2) Indian River County BCC SUPPORTS policies that restrict or ban the land
application of Class B biosolids within the following watersheds that impact the St.
Johns River: the Upper Basin, the Middle Basin, and the Lower Basin.
Legislation Relating to the 2020 Recycling Mandate
• Indian River County BCC SUPPORTS policies that would modify the 75% Recycling
Goal by 2020 such that the program (1) continues based on efficiency rather than weight
and, (2) does not negatively impact local governments.
- Legislation Relating to Contamination
• Indian River County BCC OPPOSES policies that would require local governments to
address the contamination of recyclable material in contracts with residential recycling
collectors if the collectors are not processing the recovered materials on behalf of the local
government.
Legislation Relating to Funding Proiects to Reduce Pollution in the Indian River Lagoon
Indian River County BCC SUPPORTS a grant program to be administered through the
Department of Environmental Protection to assist local governments in their efforts to
address septic system and stormwater pollution in the Indian River Lagoon, and ensure
that our coastal communities have a resilient water supply.
11Page
AS -1
- Legislation Relating to Coastal Management
• Indian River County BCC SUPPORTS the creation of a newly dedicated and recurring
statutory funding source for beach restoration and renourishment projects; and
OPPOSES policies that would change or modify the criteria used by the Department of
Environmental Protection to rank eligible beach renourishment projects that would
negatively impact communities interested in protecting nearshore hardbottom resources.
- Legislation Relating to Fracking
• Indian River County BCC OPPOSES state preemption of fracking activities; OPPOSES
policies that create a public records exemption for proprietary information provided by
drilling companies to the Florida Department of Environmental Protection through its
online chemical disclosure registry; and SUPPORTS the ability of local governments to
adopt local moratoriums on all new well stimulation activities, including hydraulic
fracturing and acidization.
Legislation Relating to Green Utility Ordinances
• Indian River County BCC SUPPORTS policies that modify Section 369.255, Florida
Statutes, to (1) include conservation lands into the definition of a greenspace area, (2)
limit and control both nuisance native and nuisance exotic plants, and (3) allow for
optional funding through either a referendum or a voluntary contribution through a utility
bill.
Legislation Relatingto o High=Speed Passenger Trains
• Indian River County BCC OPPOSES any state, federal or local funding for private
passenger rail projects proposing to traverse through its jurisdiction including, but not
limited to, All Aboard Florida (aka Brightline); SUPPORTS legislative and executive
branch advocacy efforts to regulate passenger rail in order to protect the State of
Florida's citizens, local governments, wildlife, waterways, and natural environment; and
OPPOSES any effort to shift the cost burden of operating and maintaining passenger rail
onto local governments or the State.
= Legislation Relating to Customary Use
• (Option 1) Indian River County BCC SUPPORTS policies to repeal Section 163.035,
Florida Statutes,
• (Option 2) Indian River County BCC SUPPORTS policies to modify Section 163.035,
Florida Statutes, such that the judicial review under subsection 3(b) is repealed.
Health and Safety
Legislation Relating to Texting While Driving
• Indian River County BCC SUPPORTS policies that would make texting while driving a
primary offense.
21 Page
n , . P
- Legislation Relating to Funding of School Resource Officers Concerning the Marjory
Stoneman Douglas High School Public Safety Act
• Indian River County BCC,SUPPORTS the creation of a newly dedicated and recurring
statutory funding source to assist the school boards within the State of Florida to pay for
the school resource officers required under the Marjory Stoneman Douglas High School
Public Safety Act.
- Legislation Relating to Assisted Living Facilities and Nursing Homes
than River County BCC SUPPORTS policies that (1) clarify emergency planning for
assisted living facilities and nursing homes, and (2) provide penalties for those assisted
living facilities and nursing homes that do not comply with the emergency planning
requirements.
- Legislation Relating to the Funding and Reimbursements Associated with Hurricane Shelters
than River County BCC SUPPORTS (1) policies that require school boards to fund
hurricane shelters and seek reimbursements from the Federal Emergency Management
Agency, and (2) policies that assist in tracking how the funds are spent and reimbursed.
3Page
7RM%SUR1E COz%57 7ROCOUH7V
LEGISLATIVE PRIORITIES
Home Rule Authority of Local Governments {"
Oppose legislation to preempt a local government's ability to
respond to local concerns. t;
Oppose legislation to preempt a local government's ability to
regulate vacation rentals.
Oppose legislation that would interfere with a local
government's ability to impose a business or
occupational tax.
Oppose legislation that would interfere with
a local government's ability to raise or lower its
millage rate.
Indian River Lagoon t
Support the Florida Department of Environmental
Protection's Legislative Budget Request for $50 million granted
to septic to sewer conversion projects near Florida's estuaries.
Marjory Stoneman Douglas Act
Support the creation of a new dedicated and recurring statutory
funding source to fully fund School Resources Officers (SRO)
positions in all public schools.
Dedicated Annual Funding for Beach Renourishment
Projects
Support the creation of a new dedicated and
recurring statutory funding source for beach
renourishment projects which accurately
reflects the increase in participating
programs and future beach and inlet
project funding needs.
4.
ST. LUCIE V S.
COUNTY
F L O R I D A -.
V7
40
14
1c,
ON
[op
Tse Ua n, sQ
MR.-
lie
h,�:''�""
Is
...........
I EDP �-Dlll aya
MR.-
Dylan Reingold, County Attorney
\Nilham K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
County Attorney's Matters - AC.C. 12.18.18
Office of
INDIAN
MEMORANDUM
TO: Board of County Commissioners
FROM: Kate Pingolt Cotner, Assistant County Arf5reyC
DATE: December 7, 2018
SUBJECT: 2019 State Legislative List of Priorities and Concerns
RIVER COUNTY
ATTORNEY
Background: On September 18, 2018, the Indian River County Board of County Commissioners
("Board") approved a 2019 Pre -Session Legislative List of Priorities and Concerns. The referenced pre -
session list needs to be amended to include new policy statements on a number of topics that impact local
governments. It also needs to be amended to include the County's appropriation requests. These
amendments will assist the County Attorney's Office, the County Administrator, and the County's
contract lobbyists during the 2019 State of Florida legislative session which is scheduled to begin on
March 5, 2018.
Recommendation: The County Attorney's Office recommends that the Board adopt the attached 2019.
State Legislative List of Priorities and Concerns.
Attachment: Indian River County's 2019 State of Florida Legislative Program
289
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
2019 State Legislative Program
DRAFT
290
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
Vice Chairwoman Susan Adams
District 1
(772) 226-1442
sadams@ircgov.com
ircgov.com
Commissioner Tun Zorc
District 3
(772) 226-1919
t7.orC@ircgov.com
Chairman Bob Solari
District 5
(772) 226-1440
bsolari@ircgov.com
Commissioner Joseph E. Flescher
District 2
(772) 226-1919
jflcschcr@ircgov.com
Commissioner Peter D. O'Bryan
District 4
(772) 226-1442
pobryan@ircgov.com
291
Table of Contents.. � � -
- ---- ------ - -----
Guiding Principles 4
Priorities
16
Indian River Lagoon
S
High Speed Passenger Rail
6
Biosolids
7
Recycling
8
Foreign Trade Zone
9
Beach Restoration and Nourishment
10
Texting While Driving
11
Short -Term Vacation Rentals
12
State Housing Initiatives Partnership (SHIP) Funds and Affordable Housing
13
Appropriations 14
Concerns
Finance and Tax Policies
16
Millage Rates
16
Communications Service Tax
16
Shared Revenue Sources
16
Tax Reform
16
Local Preemption on Business Regulations and Taxes
16
Local Government Fiscal Responsibility
16
Constitutional Officers
16
Economic Development
16
Tourist Development Tax
16
Fuel Taxes
16
County Funding of Court -Related Costs
17.
Funding Judicial Responsibilities
17
Administration Policies
17
Local Government Accountability and Transparency
17
Local Government Administration
17
State of Emergency
17
Healtb, Human Services and Public Saeety Policies
17
Medicaid Services
17
Coverage for Emergency Services
17
Medical Examiners
17
Firefighters
17
First Responders
18
Emergency Shelters— Reimbursements
18
Housing Assistance
18
Certificates of Public Convenience and Necessity (COPCN)
18
School Resource Officers
18
Environmental Resources and Water Policies
18
Fracking
18
Septic to Sewer
18
Water Infrastructure Grant
18
Derelict Vessels
18
Green Space Funding
18
Gmmtb Management and Infrastructure Policies
19
Growth Management
19
Florida Building Commission
19
Impact Fees
19
Municipal Service Areas
19
Historic Dodgertown
292 19
3
�Guiding Principles ---_---
The ability to maintain home rule and to avoid. unfunded mandates are central to Indian River County's state
legislative priorities and concerns. Indian River County works with the Florida Association of Counties (FAC)
and other local governments across the State of Florida to advocate for these ideals. In general, Indian River
County Board of County Commissioners (BCC) supports FAC's legislative policy statements.
Indian River County BCC SUPPORTS maintaining the integrity of county home rule power, both adminis-
trative and fiscal, which allows counties to develop and implement community-based solutions to local
problems.
Indian River County BCC OPPOSES any unfunded mandate legislation which would compel local govern-
ments to provide a service, program, or benefit without providing the appropriate monies or a funding
source.
293
Legislative Priorities And The County's Position
1. Indian River Lagoon
Background: The 156 -mile -long Indian River Lagoon ("Lagoon") is one of the most biodiverse ecosystems in
the nation and is a treasure for the State of Florida. The Lagoon provides an economic benefit by promoting
tourism and creating recreational opportunities for residents. The Lagoon is also an important element in the
protection of our environment, including endangered and protected plant and animal populations.
As guardian of 22 miles of the Lagoon, Indian River County ("County") has been a pioneer for the development
and deployment of new water quality technologies. Using a mixture of Optional Sales Tax, Utilities funds, and
grant funding, the County has invested over $29 million dollars on four infrastructure projects aimed at improv-
ing the health of the Lagoon. Collectively, the County's projects have removed over 128,000 pounds of Total
Nitrogen and over 29,000 pounds of Total Phosphorus from canals which lead to the Lagoon.
The County hopes to continue its partnership with the State of Florida on future ventures that will reduce the
nutrient load in the Lagoon so future generations can enjoy this natural wonder.
Position: Indian River County BCC SUPPORTS policies that will enhance the economic wellbeing of Indian
River County by treating and monitoring the health of the Lagoon; and SUPPORTS the Florida Department of
Environmental Protection's Legislative Budget Request for $50 million granted to septic to sewer conversion
projects near Florida's estuaries.
294
2. High -Speed Passenger Rail
Background: For at least a decade, high-speed passenger rail has been discussed and proposed within the State
of Florida. While Brightline (aka. Virgin Trains) is the most recent passenger rail service being proposed, it is not
the first and it certainly will not be the last. It is imperative that the State of Florida implement the statutory
structure to hold railroads operating passenger rail service accountable for the highest degree of safety improve-
ments.
Position: Indian River County BCC OPPOSES any state, federal or local funding for private passenger rail pro-
jects proposing to traverse through its jurisdiction including, but not limited to, Brightline (aka Virgin Trains);
SUPPORTS legislative and executive branch advocacy efforts to regulate passenger rail in order to protect the
State of Florida's citizens, local governments, wildlife, waterways, and natural environment; and OPPOSES any
effort to shift the cost burden of operating and maintaining passenger rail onto local governments or the State of
Florida.
295
3. Biosolids
Background: One of the by-products or residuals of the wastewater treatment process is called biosolids or the
wet sludge that is left behind after initial processing, which is then collected for further treatment and processing.
Today, Florida's central sewer wastewater treatment facilities produce approximately 340,000 dry tons of biosol-
ids. Approximately 100,000 dry tons of biosolids qualify as Class B biosolids, which are treated sewage sludge
meeting U.S. Environmental Protection Agency (EPA) guidelines for land application as fertilizer with re-
strictions, and are allowed to have detectable levels of pathogens. There is concern statewide that excess nutrients
from land application of human waste biosolids reach surface waters as a result of rainfall runoff and continue to
increase the occurrence of chronic harmful algal blooms.
Land application of Class B biosolids has been restricted in various areas throughout the State of Florida. Most
recently, in 2013, land application of Class B biosolids was banned in the watersheds containing Lake Okee-
chobee and St. Lucie and Caloosahatchee Rivers.
At the 2016 OF Water Symposium, St. Johns River Water Management District's staff reported that there are
significant increases in phosphorus and incidences of harmful, potentially toxic algal outbreaks in Blue Cypress
Lake, one Florida's most pristine lakes, a Class I waterbody. In 2018, cyanobacteria (commonly referred to as
blue-green algae) was confirmed in Blue Cypress Lake, which is the headwaters of the St. Johns River and is
located the Upper Basin watershed. Cyanobacteria was also reported in the Lower Basin in Duval County, and
in the Okeechobee watershed which in turn has impacted the St. Lucie watershed and the Caloosahatchee wa-
tershed.
Position: Indian River County BCC SUPPORTS policies that restrict or ban the land application of Class B
biosolids within the following watersheds that impact the St. Johns River: the Upper Basin, the Middle Basin,
and the Lower Basin; and SUPPORTS establishing a pilot project program for funding new state of the art
wastewater technologies to improve recover and afford more efficient use of human wastewater biosolids.
296
4. Recycling
Background: The Energy, Climate Change and Economic Security Act of 2008 ("Act") established a statewide
weight -based recycling goal of 75% by 2020. The Act directed the Florida Department of Environmental Protec-
tion (DEP) to establish a reporting protocol and directed counties to report annually. The Legislature also estab-
lished interim recycling goals: 40% by 2012, 50% by 2014, 60% by 2016 and 70% by 2018. The legislation also
provided that large counties (counties over 100,000 in population) not achieving the recycling goals could be di-
rected to develop a plan to expand recycling programs.
Recently, DEP issued a 2018 report where it acknowledged that while the recycling goal is "aspirational" the cur-
rent approach needs significant changes or else Florida's recycling rate will likely fall short of the 2020 goal of
75%. This is because there have been many challenges that inhibit the State of Florida from being able to obtain
and sustain the 75% recycling goal including, but not limited to, collection methods, shifts in recycling markets,
and new and lighter weight packaging. It is important to note that there has actually been a decrease in Florida's
recycling rate from 56% in 2016 to 52% in 2017. In addition to the declining recycling rate, there is a significant
new challenge that concerns a decline in the global demand for recycled materials. In January of 2018, China re-
stricted its receipt of recycling materials. The referenced restrictions make it no longer financially viable to send
recyclable goods to China from the United States.
Industry stake holders and scientists are currently discussing ideas for a new program that could lead to improv-
ing Florida's recycling efforts at the state and local level. One of the top suggestions is to shift the focus from
weight to energy -efficiency.
Position: Indian River County BCC SUPPORTS the modification of the State of Florida's existing 2020 75%
recycling goal in Section 403.7032, Florida Statutes, to reflect a statewide goal that is based on energy efficiency
rather than weight; and OPPOSES any fines or consequences associated with contamination or not meeting the
recycling goal.
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5. Foreign Trade Zone
Background: A foreign -trade zone (FTZ) in the United States is a geographical area, in (or adjacent to) a Unit-
ed States Port of Entry where commercial merchandise, both domestic and foreign, receives the same Cus-
toms treatment it would if it were outside the commerce of the United States. Merchandise of every descrip-
tion may be held in the Zone without being subject to Customs duties and other taxes. This tariff and tax re-
lief is designed to lower the costs of U.S.-based operations engaged in international trade and thereby create
and retain the employment and capital investment opportunities that result from those operations. These spe-
cial geographic areas - Foreign -Trade Zones - are established "in or adjacent to" U.S. Ports of Entry and are un-
der the supervision of the U.S. Customs and Border Protection under the United States Homeland Security
Council.
For a number of years Indian River County has been interested in being included in a foreign trade zone. The
benefits include (a) a reduction of duties for manufacturers if they use foreign components in their finished prod-
ucts, (b) a duty exemption on imported goods that are later re-exported, (c) a delayed payment of duties for
goods until they enter the U.S. Market, (d) an elimination of duties on waste, scrap and rejected or defective parts,
and (e) a possible reduction in merchandise processing fees (U.S. Customs Processing fees).
Currently, the Treasure Coast Foreign Trade Zone No. 218 is designated as a Traditional Site Framework or gen-
eral purpose zone, which is a warehouse, industrial park or port that has been designated as an FTZ. Multiple
companies can use general purpose zones simultaneously for the purpose of storing merchandise, equip-
ment, parts and other goods. These sites include, Treasure Coast International Airport and Industrial Park,
Crossroads Commerce Park, Kings Highway Industrial Park, and the St. Lucie West Commerce Park.
Recently, the US Department of Commerce has developed another zone purpose known as the Alternative
Site Framework (ASF). The ASF allows grantees to establish additional sites geared towards specific compa-
nies either as a "Subzone" or a "Usage -Driven" site. These sites enable grantees to locate zone designation
where companies' needs actually arise. By bringing zone designation to firms, Subzones/Usage-Driven sites
help grantees respond to growth opportunities in the local economy and diminish the need to try to antici-
pate where future activity may occur. A Subzone (or Usage -Driven site) . under the ASF can be added, removed,
or modified using a quick and simple minor action rather than the longer and more complex reorganization/
expansion or Subzone application process that is required under the Traditional Site Framework.
Position: Indian River County BCC SUPPORTS the expansion of the Treasure Coast Foreign Trade Zone
#218 to include the geographic area of St. Lucie, Martin and Indian River Counties.
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6. Beach Restoration and Renourishment
Background: The Florida Department of Environmental Protection has a Beach Management Funding Assis-
tance Program to protect and restore the state's, beaches. Erosion leaves miles of beaches, public infrastructure
and upland development vulnerable to the next storm event as well as impacting tourism. Currently, beach re -
nourishment is funded via documentary stamps along with countless other programs. This leaves beach renour-
ishment projects fighting every year for a very small piece of a large pie.
Indian River County, like its sister counties to the north and to the south on Florida's east coast, has a natural
nearshore hardbottom resource. This resource is classified as an essential fish habitat. It provides foraging and
breeding grounds for juvenile fish. Indian River County's beach management plan is specifically customized to
maximize the fill while minimizing the impact to the nearshore hardbottom resource.
Position: Indian River County BCC SUPPORTS the creation of a newly dedicated and reoccurring statutory
funding source for beach restoration and renourishment projects; and OPPOSES policies that would change or
modify the criteria used by the Florida Department of Environmental Protection to rank eligible beach renourish-
ment projects that would negatively impact communities interested in protecting nearshore hardbottom resources.
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7. Texting While Driving
Background: As of January 2017, texting while driving violations are enforced as primary offenses in 41
states. Florida is one of four states where texting while driving is a secondary offense when an operator of a
motor vehicle has been detained for a suspected violation of another law.
Specifically, Florida law bans driving while sending or reading data on a wireless cell phone for the purpose of
non -voice interpersonal communication. The ban does not apply to a stationary motor vehicle or to a motor
vehicle operator who is using it for official duties as an operator of an authorized emergency vehicle, law en-
forcement or fire service professional, or an emergency medical services professional. It also does not apply to
those who are using the wireless communication device for navigation purposes.
Position: Indian River County BCC SUPPORTS policies that would make texting while driving a primary of-
fense.
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8. Short Term Vacation Rentals
Background: Section 509.013, Florida Statutes, defines a transient public lodging establishment (aka short-term
vacation rental) as a property that is rented more than three times a year for less than 30 days at a time. Local
governments were preempted from regulating vacation rentals in 2011. This legislation included a provision that
"grandfathered" any ordinance regulating vacation rentals prior to June 1, 2011. The language was amended in
2014 to allow local governments to regulate short-term rentals through life safety and building codes, as well as
other codes specific to vacation rentals. However, local governments are still prohibited from regulating the du-
ration and frequency of these rentals.
In 2015, Indian River County formed a committee which included a vacation rental owner and a real estate agent
to discuss short-term vacation rentals and the impact they have on our community. Based upon the committee's
recommendations, the Board of County Commissioners approved an ordinance that requires short-term vacation
rentals to register with the County, show proof of registration with the DBPR and pass a simple inspection per-
formed by a code enforcement officer to verify that the vacation rental has working smoke alarms (carbon mon-
oxide detector also if they have gas appliances), a charged fire extinguisher and an emergency light if the power
goes out. The vacation rental is inspected to snake sure it has the basic "good neighbor" information such as days
of the week for trash collection and recycling, parking restrictions and owner/agent contact information. Parking
is restricted to the existing garages and driveways, just as with an ordinary residence. Enforcement, including
noise complaints, is carried out through the County's code enforcement process, just like complaints from an
ordinary residence.
Last year, a bill was introduced at the Florida Legislature which would have preempted all local ordinances as
they relate to short-term vacation rentals. While the bill was unsuccessful, it will likely be reintroduced in the
2019 legislative session.
Position: Indian River County BCC OPPOSES policies that would preempt a local government's ability to have
local ordinances related to vacation rentals.
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9. State Housing Initiatives Partnership (SHIP) Funds and
Affordable Housing
Background: The Florida Housing Finance Corporation (FHFC) is a public corporation that is housed with-
in the Department of Economic Opportunity. The goal of the FHFC is to increase the supply of safe, af-
fordable housing for individuals and families with very low to moderate incomes. To do this, the FHFC uses
federal and state resources to finance the development of affordable homes and assist first-time homebuy-
ers through various programs. Some of the key programs that are administered by the FHFC include the State
Housing Initiatives Partnership (SHIP) Program, which receives approximately two-thirds of the funding;
the State Apartment Incentive Loan (SAIL) Program, which receives about 20 percent of the funding, and
other programs, including the Predevelopment Loan Program (PLP), the Homeownership Assistance Program
(HAP), the Affordable Housing Guarantee Program, and the Catalyst Training and Technical Assistance
Program.
The FHFC receives funding for its affordable housing programs from documentary stamp tax revenues
pursuant to the William E. Sadowski Act ("Act"). The Act calls for funds to be generated from: (a)
additional revenues from a 10 -cent increase in the documentary stamp tax rate imposed on real estate trans-
fers; and (b) a re -allocation of ten cents of the existing documentary stamp tax revenues from general
revenue to the affordable housing trust funds beginning in FY 1995-96. The funds are then distributed
to the State Housing Trust Fund and the Local Government Housing Trust Fund.
In years past, the Florida Legislature has transferred the unused funds in the State Housing Trust Fund and the
Local Government Housing Trust Fund to the General Revenue Fund pursuant to Section 215.32(2)(b)
4.a., Florida Statutes. This has significantly impacted local governments and their ability to assist their con-
stituents by providing the above -referenced programs as they were designed.
Position: Indian River County BCC SUPPORTS allocating the full amount of dedicated documentary tax reve-
nues for state and local affordable housing programs; SUPPORTS investing in affordable housing to create jobs
in home repair, hardening homes, retrofitting and constructing affordable rental units, and lowering the energy
costs to make housing more affordable; and SUPPORTS exempting the State Housing Trust Fund and the Lo-
cal Government Housing Trust Fund from a provision authorizing the Legislature, in the General Appropria-
tions Act, to transfer unappropriated cash balances from specified trust funds to the Budget Stabilization Fund
and General Revenue Fund, etc.
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Ranked Appropriations
1. Beach Renourishment— Sector 5
Indian River County BCC respectfully requests that you SUPPORT an appropriation of $1,934,151 in matching
funds for a beach restoration project to Indian River County's Sector 5 beach. Sector 5 is within the City of Vero
Beach and is a 3.1 mile section of shoreline. The Sector 5 project area sustained damage from Hurricane Matthew
(2016) and Hurricane Irma (2017) and is in need of a large scale beach and dune nourishment project to maintain
protection to upland properties and infrastructure. Approximately 200,000 cubic yards of sand are required to re-
store the project area. Anticipated Construction November 2019 — April 2020.
• $71,500 in matching funds for a feasibility
• $91,901 in matching funds for design of the beach project,
• $1,537,500 in matching funds for the construction of the beach project, and
• $233,250 in matching funds for the monitoring of the beach project.
2. North Sebastian Septic to Sewer Phase II
Indian River County BCC respectfully requests you SUPPORT an appropriation of $2,400,000 in matching funds
to construct the North Sebastian Septic to Sewer Phase II project.
Indian River County has more than 30,000 septic tanks. According to the United States Department of Agricul-
ture's Soil Conservation Service, most of Indian River County's sandy soil is not conducive for the use of septic
tank systems. This limitation, combined with the high water table, creates a high potential for groundwater con-
tamination. This is especially true in areas where development preceded septic tank regulation. In many cases, sep-
tic systems do not have the required separation of 2 feet depth between the drain field and the groundwater. Indi-
an River County has made it a priority to protect the Indian River Lagoon and to take steps to convert properties
off of septic systems and onto public sewer.
The project proposes to connect 185 parcels to the public sewer system. The project also proposes to connect 187
parcels to public water. This will not only help the environment and increase the value of the underlying property,
but it will stimulate economic growth by promoting new business to develop and allow existing business to ex-
pand.
3. North Relief Canal Aquatic Plants Project
Indian River County BCC respectfully requests you SUPPORT an appropriation of $2,000,000 in matching funds
to construct the North Relief Canal Project.
The requested funds will be used to construct a passive remediation system using aquatic plants to remove nitro-
gen and phosphates from the North Relief Canal which leads directly to the Indian River Lagoon. Passive remedi-
ation systems are by far the most cost effective systems to reduce nitrogen and phosphorus from a water body.
They reduce nitrogen and phosphorus at a lower cost per pound compared to any other system.
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4. Jones' Pier Conservation Area
Indian River County BCC respectfully requests that you SUPPORT an appropriation of $120,000 in matching
funds for a restoration project at the Jones' Pier Conservation Area GPCA). Specifically, the County is proposing
to implement a management plan for the site that restores ecological value, while at the same time utilizes the ex-
isting buildings on the property for public access and display of educational and historical exhibits. To this end,
the County has developed a Master Plan for the site that includes elements such as: (1) the design of public access
facilities including buildings, restrooms, trails and parking; (2) the restoration of wetlands and native uplands on-
site; (3) the development of an outdoor classroom for use by local schools and other organizations; (4) the conser-
vation and habitat enhancement of an existing Florida gopher tortoise population; (5) the establishment of com-
munity gardens to promote environmentally sensitive & sustainable practices; (6) the establishment of native
planting corridors along the trails, and (7) the possible development of a native plant nursery (where feasible).
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Legislative Concerns And The County's Position
Finance and Tax Policies
1. Millage Rates
• Indian River County BCC OPPOSES policies that will negatively change the formula for calculating a local
government's maximum millage rate; and OPPOSES policies that prohibit local governments from redeem-
ing earned rolled back credits.
2. Communications Service Tax
• Indian River County BCC SUPPORTS policies that (1) modernize the Communication Service Tax in a
manner that is revenue neutral; (2) simplify administration and collection of the tax; (3) provide for a broad
and equitable tax base; provide for enhanced stability and reliability; and (4) provide the opportunity for mar-
ket-based application.
3. Shared Revenue Sources
• Indian River County BCC SUPPORTS policies that consider impacts to the state revenues shared with
counties for the provision of local services; and OPPOSES permanent modifications to state shared revenue
sources or related funding formulas that would significantly impact the counties' ability to continue to fund
local services.
4. Tax Reform
• Indian River County BCC SUPPORTS tax reform measures that simplify administration, enhance effective-
ness to meet current and future public service demands, and provide an economic boost to Florida's taxpay-
ers while at the same time consider and minimize the collective and cumulative negative impacts on local rev-
enues.
5. Local Preemption on Business Regulation and Taxes
• Indian River County BCC OPPOSES policies that would remove the authority for counties and municipali-
ties to increase business tax rates or to impose additional business taxes in the future.
6. Local Government Fiscal Responsibility
• Indian River County BCC OPPOSES policies that would negatively impact the collection of ad valorem tax-
es and other revenue sources.
7. Constitutional Officers
• Indian River County BCC SUPPORTS policies that provide adequate state funding for constitutionally pre-
scribed county officers that are required to perform duties on behalf of the State of Florida.
S. Tourist Development Tax
• Indian River County BCC OPPOSES policies that mandate tourist development funds be diverted away
from local communities, or impair the County's use of the funds for local tourist development.
9. Fuel Taxes
• Indian River County BCC SUPPORTS indexing local option fuel taxes to annual adjustments of the Con-
sumer Price Index.
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10. County Funding of Court —Related Costs
• Indian River County BCC SUPPORTS policies to remove the automatic 1.5% increase in funding for Court
related functions; and SUPPORTS policies to increase the service fee charged for recording documents and
instruments pursuant to s. 28.24(12)(e), F.S., from $4.00 to $8.00, so that $6.00 of the fee distributed to county
commissions to help fund court -related technology and technology needs as mandated by s. 29.008(1)(f)(2),
F.S.
11. Funding judicial Responsibilities
• Indian River County BCC OPPOSES the use of local revenue sources to fund the State of Florida's judicial
responsibilities.
Administration Policies
12. Local Government Accountability and Transparency
• Indian River County BCC SUPPORTS policies that promote the provision of accurate and accessible ad-
ministrative and fiscal public information in a manner that is fiscally responsible, publically comprehensible,
technologically efficient, and that does not constrain the effective administration of local services.
13. Local Government Administration
• Indian River County BCC SUPPORTS policies related to retirement, workers' compensation and other ad-
ministrative systems based on sound and accurate data analyzed with consideration for state and local fiscal
impact, fairness and accessibility for state and local employees, as well as, predictability and stability relative to
market forces for the long-term effective management of state and local financial plans.
14. State of Emergency
• Indian River County BCC OPPOSES policies that would inhibit the County's ability to provide services to
the community immediately following a natural disaster including, but not limited to, employment policies.
Health, Human Services and Public Safety Policies
15. Medicaid Services
• Indian River County BCC SUPPORTS policies to establish a 3% cap on growth in the individual county
Medicaid costs under s. 409.915, F.S., SUPPORTS the provision determining the rate of overall growth of the
County Medicaid cost share be maintained at 50% and not be changed to 100% of the rate of growth in the
State Medicaid expenditures; and OPPOSES efforts to further shift state Medicaid costs to counties.
16. Coverage For Emergency Services
• Indian River County BCC OPPOSES policies that would negatively impact the Indian River County Emer-
gency Services District's ability to be reimbursed for providing advance life services and basic life services to
patients who have out -of -network providers.
17. Medical Examiners
• Indian River County BCC OPPOSES policies that prohibit medical examiners from charging a fee for exami-
nation and autopsy services that a medical examiner is required to perform by law for cremation services.
18. Firefighters
• Indian River County BCC OPPOSES policies that do not use competent evidence when determining whether
a disability or death was caused by a firefighter's employment.
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19. First Responders
• Indian River County BCC SUPPORTS the use of Critical Incident Stress Management Plans to assist first
responders with psychological traumas including post-traumatic stress syndrome.
20. Emergency Shelters— Reimbursements
• Indian River County BCC SUPPORTS policy changes that allow school boards, municipalities, or other
emergency sheltering entities to directly seek reimbursement from FEMA for emergency sheltering.
21. Housing Assistance
• Indian River County BCC OPPOSES policies that require the establishment of a local government risk miti-
gation program.
22. Certificates of Public Convenience and Necessity (COPCN)
• Indian River County BCC OPPOSES policies relating to COPCNs which would negatively impact the
County's Emergency Services District's ability to provide services.
23. School Resource Officers
• Indian River County BCC SUPPORTS the creation of a new dedicated and recurring statutory funding
source to fully fund School Resources Officers (SRO) positions in all public schools.
Environmental Resources and Water Policies
24. Fracking
• Indian River County BCC OPPOSES state preemption of fracking activities; OPPOSES policies that create
a public records exemption for proprietary information provided by drilling companies to the Florida Depart-
ment of Environmental Protection ("FDEP") through FDEP's online chemical disclosure registry; and SUP-
PORTS the ability of local governments to adopt local moratoriums on all new well stimulation activities,
including hydraulic fracturing and acidization.
25. Septic to Sewer
• Indian River County BCC SUPPORTS an Indian River Lagoon and Caloosahatchee River 50/50 grant
matching program in support of septic to sewer conversions to include all of the communities along the Indi-
an River Lagoon.
26. Water Infrastructure Grant
• Indian River County BCC SUPPORTS the Department of Environmental Protection's budget request for
$50 Million from General Revenue for projects that will address septic system and stormwater pollution in
the Indian River Lagoon, and ensure that our coastal communities have a resilient water supply.
27. Derelict Vessels
• Indian River County BCC SUPPORTS policies that would streamline the process to remove derelict vessels
from the waterways of the State of Florida; and SUPPORTS revised statutory authority and continued state
funding for the enforcement and removal of derelict vessels, with emphasis on chronic offenders.
28. Green Space Funds
• Indian River County SUPPORTS policies that add conservation lands to the list of greenspace areas eligible
for funding related to management and the removal of exotic and nuisance native vegetation.
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Growth Management and Infrastructure Policies
29. Growth Management
• Indian River County BCC OPPOSES policies that would require local governments to incorporate additional
goals, objectives, policies or elements into its comprehensive plan.
30. Florida Building Commission
• Indian River County BCC SUPPORTS policies that promote a fair and balanced Florida Building Commis-
sion which includes members from all of the industries regulated by the Florida Building Code, and
OPPOSES policies that seek to limit the representatives on the Florida Building Commission.
31. Impact Fees
• Indian River County BCC OPPOSES policies that would prohibit the collection of impact fees no earlier
than the issuance of the. certificate of occupancy.
32. Municipal Service Areas
• Indian River County BCC SUPPORTS policies that provide where a county has, by ordinance, established
one or more utility service areas in the unincorporated area and where the county has the current ability to
provide service, a municipality may not provide utility services within such county service area(s) without con-
sent of the county.
33. Historic Dodgertown
• Indian River County BCC OPPOSES policies that would (1) inhibit the County's ownership rights or ability
to use the Historic Dodgertown or (2) negatively impact the County's bonds associated with the Historic
Dodgertown.
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Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, assistant County Attorney
13E
County Attorneys Matters - B.C.C. 12.18.18
Office of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County AttorneyV�
DATE: December 12, 2018
SUBJECT: Oslo Cemetery
ATTORNEY
BACKGROUND.
On December 4, 2018, the Indian River County Board of County Commissioners authorized County staff to
move forward with the process of accepting a quitclaim deed for the Oslo Cemetery from Michael W.
Gregory, MD d/b/a Oslo Cemetery and developing a plan for the light maintenance and limited burial of those
related to the families currently buried at the Oslo Cemetery.
Dr. Gregory will enter into the attached agreement, in which he will quitclaim, at no cost to the County, the
Oslo Cemetery, and the County will agree to use and maintain the Oslo Cemetery as a cemetery for the burial
of deceased persons, which will be limited to those families who have relatives buried at the Oslo Cemetery.
Additionally, two of Dr. Gregory's family members will be permitted to be buried at the Oslo Cemetery, the
location of which is indicated on an attachment to the agreement.
Once the County obtains the Oslo Cemetery, which is approximately 1. 17 acres in size, County staff will work
to develop a plan for the light maintenance of the Oslo Cemetery in conjunction with assistance from
interested citizens and local organizations.
By obtaining the property, the County is able to resolve the issue of allowing Jape Peacock to bury her
mother's ashes at the Oslo Cemetery.
FUNDING.
Dr. Gregory will pay for the cost of recording the quitclaim deed. Mowing of the Oslo Cemetery will be
provided by the Road and Bridge Division of the Public Works Department. The City Manager of Fellsmere,
who maintains the Brookside Cemetery in Sebastian, has stated that the cost to run the cemetery annually is
de minimis.
F..-IAtmmeyV'm<a1GETFW1BCC Vndadkc 10iloCemewyd= 309
Board of County Commissioners
December 12, 2018
Page Two
RECOMMENDATION.
The County Attorney's Office recommends that the Indian River County Board of County Commissioners
approve the agreement with Dr. Michael W. Gregory and accept the quitclaim deed for the Oslo Cemetery
and authorize the Chairman to sign the documents.
ATTACHMENTS.
.Agreement with Dr. Michael W. Gregory
Quitclaim Deed
F.IArcomeyfLndalGETFRAl.IA C CU{ymda,l4-0.04-C—wy..d— _ 310
GIFT AGREEMENT
THIS AGREEMENT CONCERNING OSLO CEMETERY ("Gift Agreement") is made
and entered into the_ day of December, 2018 by and between INDIAN RIVER COUNTY, a
political subdivision of the State of Florida (hereinafter referred to as "County"), and MICHAEL
W. GREGORY, M.D., individually, d/b/a OSLO CEMETERY, INC., unincorporated,
(hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, in 1986, the County deeded to Jane Louise Gregory a portion of land in
Indian River County known as Oslo Cemetery, as set forth in the legal description in Exhibit "A"
to the Corrective Deed of October 16, 1986 in O.R. Book 749, pages 1790 and 1791 ("the 1986
Deed"), and as more specifically described in Exhibit "A" hereto ("the Property")
WHEREAS, the 1986 Deed provided in part that "GRANTOR [sic] HEREBY AGREES
that said [P]roperty shall forever be used and maintained solely as a cemetery for the burial of
deceased persons"; and
WHEREAS; the 1986 Deed further provided that "if this [P]roperty is ever not so used,
then it shall automatically revert to the Grantee [sic]"; and
WHEREAS; in 2012, Jane Louise Gregory conveyed the Property to Oslo Cemetery, Inc.
(Owner) by Quit -Claim Deed in Book 2579, pages 798-800; and
WHEREAS, the 2012 Quit -Claim Deed provided "THAT GRANTEE HEREBY
AGREES that said [P]roperty shall forever be used and maintained solely as a cemetery for the
burial of deceased persons, and, if this [P]roperty is ever not so used, then it shall automatically
revert to the Grantor";
WHEREAS, Owner now wishes to donate the Property to the County;
NOW, THEREFORE, the parties hereto do hereby covenant and agree as follows:
1. Recitals. The recitals set forth hereinabove are true and correct in all respects and
are incorporated herein by reference as if set forth herein verbatim.
2. Owner's Gift to County. No goods or services were provided by the County as
consideration for this Gift Agreement.
3. Conveyance of Property to County. As a donation to County, Owner agrees to
execute and deliver to County, simultaneously with the execution of this Gift Agreement, a Quit -
Claim Deed conveying to County all of Owner's title and interests in and to the Property
described in Exhibit "A", attached hereto and incorporated herein by reference, subject to the
burial rights in two plots described in Paragraph 9, below. The Quit -Claim Deed shall be in form
and content as set forth in Exhibit `B", attached hereto and incorporated herein by reference.
Owner agrees to pay the cost of state documentary stamps and recording fees for the recording of
the Quit -Claim Deed.
4. Maintenance of Oslo Cemetery. County, County's agent and any future successors
or assigns shall use and maintain Oslo Cemetery solely as a cemetery for the burial of deceased
02073544.v1 311
persons, which the County has the right to limit to those families who have relatives buried at the
Oslo Cemetery.
5. Modifications. This Gift Agreement may be amended only by a written
instrument executed and acknowledged by the Owner and County, and owners of any parcels
benefiting from and burdened by any easement or easements, or rights or duties related thereto,
being modified in any way by such amendment.
6. Venue. The venue of any litigation arising out of the Agreement shall be in Indian
River County, Florida.
7. Value. Owner shall convey the Property without any representations or warranties
regarding headstones, grave plates, fixtures or improvements. Owner shall obtain from a
qualified, independent appraiser a good faith estimate of the Property's value as a cemetery.
8. Governing Law. The laws of the State of Florida shall govern this Gift
Agreement. Any provisions of this Gift Agreement which shall prove to be invalid, void or
illegal shall in no way affect, impair or invalidate any other provisions hereof.
9. Burial rights of Jane Gregory -Benitez. The Owner and County hereby agree that
Jane Gregory -Benitez fka Jane Louise Gregory and her husband Bonifacio "Ben" Benitez or any
other two unnamed family members that Jane Louise Gregory -Benitez may designate shall have
full burial rights with respect to the two plots on the Property indicated by the blue rectangular
area of Exhibit "C" hereto. Burial rights to two plots may later be relocated within the Property
by the written agreement of Jane Gregory -Benitez, or Owner if Jane Gregory -Benitez is
deceased, and the County.
INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS
Michael W. Gregory, M.D., individually Bob'Solari, Chairman
d/b/a Oslo Cemetery, Inc.,
unincorporated
Approved by BCC,
Attest
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
Dylan Reingold
County Attorney
-2-
ozo73544.0 312
Exhibit A
Properly hereby conveyed (the "Real Property"). is described as follows:
A parcel of land Iying in Section 24, Township 33 South, Range 39 East, Indian River
County, Florida, described as follows:
That certain parcel of land bounded on the East by the Westerly right of way line of Old
Dixie Highway, on the North by the Southerly right of way line of Third Street, S.W., on the
West by the Easterly right of way line of Sixth Avenue, S.W., and on the South by the
following described property:
From the Northwest corner of the Southeast quarter of the Northeast quarter of Section 24
in Township 33 South of Range 3 9 East, run South 210 feet to the Point of Beginning; thence
run Bast 389 feet, more or less, to the centerline of Old Dixie Highway; thence run South
along the centerline of Old Dixie Highway 113 feet to a point; thence run West 429 feet to
the West line of said Southeast quarter of said Northeast quarter; and thence run North 108
feet to the Point of Beginning;
LESS, however, beginning at the Northeast comer of the previously describedparcel ofland;
thence N 89' 33' 13" W, along the North line of said parcel, a distance of 133.11 feet; thence
N 690 07'47" E, a distance of 124.00 feet to a point on the aforementioned Westerly right
of way line of Old Dixie Highway; thence S 20 ° 52' 13" E, along said right of way line, a
distance of 48.39 feet to the Point of Beginning.
THE PROPERTY BEING CONVEYED HEREIN IS NOT AND NEVERHAS BEEN THE
HOMESTEAD PROPERTY OF THE GRANTOR.
Page 1 of Z
313
....0 ...i........00 H.cp..— vY .,w.. �.._.
and should be returned to:
Indian River County Attorney's Ofcet '" t 6 f J
1801 27th Street
Vero Beach, FL 32960
bl I
(772) 226-1425
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed this day of December, 2018, by
Michael W. Gregory, MD, individually, dba Oslo Cemetery, Inc., unincorporated, whose mailing
address is 6670 East Indian Bend Road, Paradise Valley, Arizona 85253, to INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, Grantee, whose mailing address is
1801 27th Street, Vero Beach, Florida 32960.
WITNESSETH:
As a gift, Grantor quit -claims unto Grantee, its successors and assigns forever,
all the right, title, interest, claim and demand which Grantor has in and to the following
described lot, piece or parcel of land, situate, lying and being in the County of Indian River,
State of Florida, to -wit:
See Exhibit "A"
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the
day and year first above written.
Signed in the presence of:
sign: By:
printed name:
sign:
printed name:
STATE OF _
COUNTY OF
The
December, 2018,
unincorporated.
Michael W. Gregory, MD., individually,
d/b/a Oslo Cemetery, Inc.,
unincorporated
foregoing instrument was acknowledged before me this day of
by Michael W. Gregory, MD., individually, d/b/a Oslo Cemetery, Inc.,
He is personally known to me or who has produced
(driver's license or passport) as identification.
NOTARY PUBLIC
sign:
printed name:
Commission No.:
Commission Expiration:
314
ACCEPTANCE
ATTEST: Jeffrey R. Smith, Clerk of
Circuit Court & Comptroller
By:
Deputy Clerk
2
INDIAN RIVER COUNTY, a political
subdivision of the State of Florida
Bob Solari, Chairman
Board of County Commissioners
BCC approved: December 18, 2018
315
['EXhiblf T'l
Grantor reserves the right, interest and claim to bury family members of Grantor in the
blue area, below.
RlCNT nvr HAYOP —
3RD STREET SW ! CEMETERY ROAD
0
S 8721'45 E 26 85
ao �
'n -x' HAILITAU
$
rm AMC. LQ 101' -P—W N A8
'CART=R ASSOC. L,7 205"
ISTING
t
`2
4
t
CEMETERY
aT,�2).T8 3.f. lN21.l2 ACRLS
(EYCISYI..14 SITE FEATURES NOT O8SERVE6
OR RECORDED)
i
"CAPTEz ASSOC. C8 205'
E]cSTN6
UN -PLATTED ACiREAGE
Page 1 of 1
P9O +l
zN
S 20-52'13
T ¢1,LNTy,
ASf-C� �`YI,a�.tbl ,i
'�a'1�
a 5E7 REBAR
"CAATIp 1
N 84'52'36" W 133.11'9)
N !34'33'13' IN133.11' 0)
i 1
SET Lan/tai
"CART`DTT ASSOC!
1 � o
316
i rns aocument was preparea Dy
and should be returned to:
Indian River County Attorney's Office
1801 27th Street
Vero Beach, Ft_ 32960
(772) 226-1425
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed this day of December, 2018, by
Michael W. Gregory, MD, individually, dba Oslo Cemetery, Inc., unincorporated, whose mailing
address is 6670 East Indian Bend Road, Paradise Valley, Arizona 85253, to INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, Grantee, whose mailing address is
1801 27th Street, Vero Beach, Florida 32960.
WITNESSETH:
As a gift, Grantor quit -claims unto Grantee, its successors and assigns forever,
all the right, title, interest, claim and demand which Grantor has in and to the following
described lot, piece or parcel of land, situate, lying and being in the County of Indian River,
State of Florida, to -wit:
See Exhibit "A"
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the
day and year first above written.
Signed in the presence of:
sign: By:
printed name:
sign:
printed name:
STATE OF _
COUNTY OF
The
December, 2018,
unincorporated.
Michael W. Gregory, MD., individually,
d/b/a Oslo Cemetery, Inc.,
unincorporated
foregoing instrument was acknowledged before me this day of
by Michael W. Gregory, MD., individually, d/b/a Oslo Cemetery, Inc.,
He is personally known to me or who has produced
(driver's license or passport) as identification.
NOTARY PUBLIC
sign:
printed name:
Commission No.:
Commission Expiration:
317
ACCEPTANCE
ATTEST: Jeffrey R. Smith, Clerk of
Circuit Court & Comptroller
M
Deputy Clerk
INDIAN RIVER COUNTY, a political
subdivision of the State of Florida
0
Bob Solari, Chairman
Board of County Commissioners
BCC approved: December 18, 2018
2
318
Exhibit A
Property hereby conveyed (the "Real Property") is described as follows:
A parcel of land lying in Section 24, Township 33 South, Range 39 East, Indian River
County, Florida, described as follows:
That certain parcel of land bounded on the East by the Westerly right of way line of Old
Dixie Highway, on the North by the Southerly right ofway line of Third Street, S.W., on the
West by the Easterly right of way line of Sixth Avenue, S.W., and on the Soutb by the
following described property:
From the Northwest comer of the Southeast quarter of the Northeast quarter of Section 24
in Township 33 South of Range 39 East, run South 210 feet to the Point of Beginning; thence
run East 389 feet, more or less, to the centerline of Old Dixie Highway; thence run South
along the centerline of Old Dixie Highway 113 feet to a point; thence run West 429 feet to
the West line of said Southeast quarter of said Northeast quarter; and thence run North 108
feet to the Point of Beginning;
LESS, however, beginning at the Northeast comer ofthe previously describedparcel ofland;
thence N 89' 33'13" W, along the North line of said parcel, a distance of 133.11 feet; thence
N 690 0747" E, a distance of 124.00 feet to a point on the aforementioned Westerly right
of way line of Old Dixie Highway; thence S 20 ° 52' 13" E, along said right of way line, a
distance of 48.39 feet to the Point of Beginning.
THE PROPERTY BEING CONVEYED HEREINIS NOT AND NEVERHAS BEEN THE
HOMESTEAD PROPERTY OF THE GRANTOR.
Page 1 of 1
319
December 18, 2018
Emergency Item
UAL
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: . December 17, 2018
SUBJECT: Request the Board to Approve for Travel to Tallahassee and/or
Other Locations to Serve on Volunteer Transition Committee for
Governor -elect DeSantis.
FROM: Peter O Bryan
Commissioner, District 4
Back up included—email invitation.
0/9-/
You will soon receive further information including policy guidelines, the committee meeting
schedule and procedural information.
Thank you and I look forward to working together over the next few weeks.
James Blair
Director of Policy for the DeSantis-Nunez Transition
James.BlairgDeSantisTransition. com
813-781-2504
Beau Beaubien
Deputy Director Policy, Government Operations
Beau.BeaubiengDe SantisTransition. com
813-416-0723
Please note that under Florida law correspondence sent to the Governor -Elect's Office, which is
not confidential or exempt pursuant to chapter 119 of the Florida Statutes, is a public record
made available upon request.
J/ 9
/57R3
�vR c
Office of the
z INDIAN RIVER COUNTY
OADMINISTRATOR
RI��'
Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
Dori Roy, Assistant to the Administrator
MEMORANDUM
TO: Members of the Board of County Commissioners
FROM: Dori Roy
Assistant to the Administrator
DATE: December 7, 2018
SUBJECT: FY 2017-2018 Records Disposition Compliance Statement and
Records Management Liaison Officer Form
Emergency Services District Indian River County
Description
Florida Public Agencies are required to maintain specific information documenting the
disposition of public records. According to Rule 1B-24.003(11), Florida Administrative Code,
each agency is required to submit an annual statement to the Division of Library and Information
Services, Florida Department of State, which includes a signed records management compliance
statement attesting to the agency's compliance with Florida public records disposition laws,
rules, and procedures.
Attached is the annual Records Management Compliance Statement for Fiscal Year 2017-2018
for the Indian River County Emergency Services District.
Recommendation
It is recommended that the Chairman be authorized to sign the Records Management
Compliance Statement for Fiscal Year 2017 - 2018 for the Indian River County Emergency
Services District.
Attachments: Florida Department of State Letter dated November 1, 2018
Record Disposition Compliance Statement
320
FLORIDA. DEPARTMENT STATE
RICK SCOTT
Governor
November I.2018
FIs. Doris E. Rov
Indian River County .Emergency Services District
1801 27th Street
Building A
Fero Beach, FL 32960-3388
Dear Ms. Rov:
KEN DETZNER
Secretary of State
As a Florida public agency, you are required by Rule I B -24.003( l 1). Florida Adm[rzistrative
Code, to submit annually to the Division of Library and Information Services "a signed
statement attesting to the agency's compliance with records disposition lad=s, rules, and
procedures." Based on these annual statements, an annual report on statewide compliance is
submitted to the Legislature and the Executive Office of the Governor for their consideration and
action.
For your convenience, we are providing.the enclosed Records Atfana etrtent Compliance
:Statelnent to report your agency's compliance status. Please complete all information in Section
I, the Compliance Certification. and make any necessary additions or corrections in Sections 11
and 111. Please return rine signed copy of the foam (do not return this letter) to the mailing
address or email address indicated at the bottom of the form b.y.Decem er 31, 2018.
We appreciate your prompt attention to this matter. If we can be of service to your agency,
please do not hesitate to contact us at 850.245.6750 or recur Llt(rl.dos.myflorida.colai.
Sincerely,
-:�ez� 6�&�
Beth Golding, Chief
Bureau of Archives and Records Management
Enclosure
Division of Library and Information Services
R.A. Gray Building • 500 South Bronough Street. a Tallahassee, Florida 32399 32
850.245.6600 • 850.245.6735 (Fax) • info.florida.gov
RECORDS MANAGEMENT COMPLIANCE STATEMENT
Fiscal Year 2017-2018
AgencytD: N0000164
'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the term 'agency shall mean any state, county, district. or municipal officer, department, division.
bureau, board, commission. or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying
with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and
efficient management of records.'
=Rule 1B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by
the Division, Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S.,
Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being
disposed of, agencies shall identify and document the following: 1. Records retention schedule number; 2. Item number; 3. Record series title; 4. Inclusive dates of the
records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed
records were in electronic form; and 6. Disposition action (manner of disposition) and date."
Please complete and return this compliance statement by December 31, 2018 (submit one copy only, please) to;
Department of State
Records Management Program, Mail Station_9E OR recmgt@dos.myflorida.com
Tallahassee, FL 32399-0250
322
1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1B-24.003(9), Florida
Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic,
including email; microfilm; audio; video; etc.).
c
g
XYes ❑ No (Unmarked responses will be recorded as not in compliance.)
2. This agency disposed of cubic feet of records during the fiscal year indicated above.
—
3. This agency disposed of records in electronic form during the fiscal year indicated above.
c y
o U
❑ Yes No (It is not necessary to indicate volume of electronic records disposed.)
U d
4. ❑ Check here if you would like to be contacted for assistance. Indicate your questionslareas of concern on
.Q
the reverse side of this form.
Agency Head Signature: Date:,
o
V
Name of Agency Head (please print):
Title of Agency Head (please print):
Please indicate changes to Agency Information on the lines provided on the right.
c
Current Information:
= E
Please do not erase or cover information below. Indicate changes or additions on the lines below.
0 p
Agency Name: Indian River County Emergency Services District
Us
Agency Head: Mr. Peter P. O'Bryan Mr r b So lC(.r 1 CALL Ar )t i&n
BobI
W >�
N C
Address: 1801 27th Street
d
Q
Building A
Vero Beach, Florida 32960-3388
Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer
(RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank,
please designate an RMLO for your agency on the lines provided on the right.
0
:.
Current Information:
= E
Please do not erase or cover information below, Indicate changes or additions on the lines below.
RMLO: Ms. Doris E. Roy
.2%0
y c
0
Address: 1801 27th Street
U)
Building A
Vero Beach, FL 32960-3388
Phone: (772) 226-1408 Ext.:
Email: droy@ircgov.com
'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the term 'agency shall mean any state, county, district. or municipal officer, department, division.
bureau, board, commission. or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying
with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and
efficient management of records.'
=Rule 1B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by
the Division, Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S.,
Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being
disposed of, agencies shall identify and document the following: 1. Records retention schedule number; 2. Item number; 3. Record series title; 4. Inclusive dates of the
records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed
records were in electronic form; and 6. Disposition action (manner of disposition) and date."
Please complete and return this compliance statement by December 31, 2018 (submit one copy only, please) to;
Department of State
Records Management Program, Mail Station_9E OR recmgt@dos.myflorida.com
Tallahassee, FL 32399-0250
322
ME
NEl? C
z° °ell Office of the
a'
INDIAN RIVER COUNTY
ADMINISTRATOR
ORI'D
Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
Dori Roy, Assistant to the Administrator
MEMORANDUM
TO: Members of the Board of County Commissioners
FROM: Dori Roy
Assistant to the Administrator
DATE: December 7, 2018
SUBJECT: FY 2017-2018 Records Disposition Compliance Statement and
Records Management Liaison Officer Form
Solid Waste Disposal District Indian River County
Description
Florida Public Agencies are required to maintain specific information documenting the
disposition of public records. According to Rule 1B-24.003(11), Florida Administrative Code,
each agency is required to submit an annual statement to the Division of Library and Information
Services, Florida Department of State, which includes a signed records management compliance
statement attesting to the agency's compliance with Florida public records disposition laws,
rules, and procedures.
Attached is the annual Records Management Compliance Statement for Fiscal Year 2017-2018
for the Indian River County Solid Waste Disposal District.
Recommendation
It is recommended that the Chairman be authorized to sign the Records Management
Compliance Statement for Fiscal Year 2017 - 2018 for the Indian River County Solid Waste
Disposal District.
Attachments: Florida Department of State Letter dated November 1, 2018
Record Disposition Compliance Statement
323
�LORJ
D#DEPARTMENT #
RICK SCOTT
Governor
November 1, 2018
Ms. Doris E. Roy
Solid Waste Disposal District
1801 - 27th Street
Vero Beach. FL 32960-3389
Dear Ms. Rod`:
Indian River County
KEN DETZNER
Secretory of State
As a Florida"public agency, you are required by Rule I B-24.003(1 1), l,lor•ida Adrr inistrati;;e
Code. to submit annually to the Division of Library and Infonnation Services "a signed
statement attesting to the agency's compliance with records disposition laws, rules, and
procedures." Based on these annual statements, an annual report on statewide compliance is
submitted to the Legislature and the Executive Office of the Governor for their consideration and
action.
For your convenience, we are providing the enclosed Records Alfanagement Compliance
Statement to "report your agency's compliance status. Please complete all information in Section
1. the Compliance Certification, and make any necessary additions or corrections in Sections 11
and 111, Please return one signed copy of the form (do not return this letter) to the mailing
address or email address indicated at the bottom of the form by December 31, 2018.
We appreciate your prompt attention to this matter. If we can be of service to your agency,
please do not hesitate to contact us at 850.245.6750 or recur t�--rvdos.myflorida.com.
Sincerely,
Beth Golding, Chief
Bureau of Archives and Records Management
BG/btl
Enclosure
Division of Library and Information Services
R.A. Gray Building a 500 South Bronough Street a Tallahassee, Florida 32399
850.245.6600 • 850.245.6735 (Fax) 0 info.ftorida.gov" 32 ;
RECORDS MANAGEMENT COMPLIANCE STATEMENT
Fiscal Year 2017-2018
AgencylD: N0000527
'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the term 'agency' shall mean any state. county, district, or municipal officer, department, division,
bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to; (a) Cooperate with the division in complying
with the provisions of this chapter and designate a records management liaison officer, (b) Establish and maintain an active and continuing program for the economical and
efficient management of records."
2Rule tB-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by
the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S.,
Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being
disposed of, agencies shall identify and document the following: 1. Records retention schedule number; 2. Item number; 3. Record series title: 4. Inclusive dates of the
records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed
records were in electronic form; and 6. Disposition action (manner of disposition) and date.'
Please complete and return this compliance statement by December 31, 2018 (submit one copy only, please) to:
Department of State
Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com
Tallahassee, FL 32399-0250
325
1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1B-24.003(9), Florida
Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic,
including email; microfilm; audio; video; etc.).
c
o
Yes ❑ No (Unmarked responses will be recorded as not in compliance.)
U
2. This agency disposed of cubic feet of records during the fiscal indicated above.
_n year
—
c
3. This agency disposed of records in electronic form during the fiscal year indicated above.
d
o U
❑ Yes 1 No (It is not necessary to indicate volume of electronic records disposed.)
U d7
c
-
4. ❑ Check here if you would like to be contacted for assistance. Indicate your questionstareas of concern on
the reverse side of this form.
Q
Agency Head Signature: Date:
c
U
Name of Agency Head (please print):
Title of Agency Head (please print):
Please indicate changes to Agency Information on the lines provided on the right.
c
a
Current Information:
W
= E
Please do not erase or cover information below, indicate changes or additions on the lines below.
o �p
Agency Name: Solid Waste Disposal District Indian River County
m
`` r
Agency Head: Mr. Peter D. O'Bryan M(-. bo 6 Sotu.r t 66& t rr`}t'trt n
to
Address: 1801 27th Street
d
Q
Building A
Vero Beach. Florida 32960-3365
Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer
(RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank,
c
please designate an RMLO for your agency on the lines provided on the right.
— o
Current Information:
E
Please do not erase or cover information below. Indicate changes or additions on the lines below
w c
RMLO: Ms. Doris E. Roy
c2 _
Address: 1801 - 27th Street
J
g
Vero Beach, FL 32960-3388
Phone: (772) 226-1408 Ext.:
Email: droy@ircgov.com
'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the term 'agency' shall mean any state. county, district, or municipal officer, department, division,
bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to; (a) Cooperate with the division in complying
with the provisions of this chapter and designate a records management liaison officer, (b) Establish and maintain an active and continuing program for the economical and
efficient management of records."
2Rule tB-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by
the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S.,
Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being
disposed of, agencies shall identify and document the following: 1. Records retention schedule number; 2. Item number; 3. Record series title: 4. Inclusive dates of the
records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed
records were in electronic form; and 6. Disposition action (manner of disposition) and date.'
Please complete and return this compliance statement by December 31, 2018 (submit one copy only, please) to:
Department of State
Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com
Tallahassee, FL 32399-0250
325