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07/06/2021
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JULY 6, 2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388, www.ircgov.com COUNTY COMMISSIONERS Chairman, Joseph E. Flescher, District 2 Jason E. Brown, County Administrator Vice Chairman, Peter D. O'Bryan, District 4 Dylan Reingold, County Attorney Commissioner Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Chris Drinnon of Grace Baptist Church of Vero Beach 3. PLEDGE OF ALLEGIANCE Vice Chairman Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS S.A.. Presentation by Andrea Berry, CEO, IRC Healthy Start Coalition re: Fetal and Infant Mortality Report 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Laurence J. Hanch on His Retirement From Indian River County Board of County Commissioners Sandridge Golf Club with Eighteen Years of Service Attachments: Proclamation July 6, 2021 Page 1 of 5 7.B. Indian River County Venue Event Calendar Review Attachments: Venue Event Calendar 7.C. Update on Brightline Trains Expenses Attachments: Staff Report Brightline Trains Expenses 7.D. Distinguished Budget Presentation Award FY 2020/2021 Attachments: Staff Report GFOA Letter Distinguished Budget Presentation Award 8. CONSENT AGENDA 8.A. County Welcome Signs Release of Retainage and Change Order No. 1, IRC -1816 Attachments: Staff Report Description of Itemized Changes Contractor's Application for Payment No. 4 8.B. Approval of First Renewal of Second Amendment of Property Lease for Temporary Location of Fire Station #7 Attachments: Staff Report First Renewal of Second Amendment 8.C. Work Order No. 21 with MBV Engineering, Inc. for Design of GoLine Bus Shelter Locations Attachments: Staff Report Work Order 8.D. Request by Miguel Solis and Lupita Ramos for Release of Easements Located at 5905 59th Street Attachments: Staff Report Map(s) depicting easements proposed for release Proposed County Resolution Releasing Easements 8.E. Request by Abigail Andujar for Release of an Easement Located at 5840 59th Avenue Attachments: Staff Report Map(s) depicting easement proposed for release Proposed County Resolution Releasing Easement 8.F. Settlement of Liens for 1295 & 1355 5th Ave.SW Attachments: Staff Report July 6, 2021 Page 2 of 5 8.G. Resolution Cancelling Taxes on Properties Purchased for Public Purpose: 66th Avenue Right -of -Way Attachments: Staff Report Right of Way Deed Resolution Cancelling Taxes 8.11. Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 2021/22 Attachments: Staff Report Recommended Program Funding FY22 Children's services,funding amount - FY 21/22 8.I. Final Pay Lawrence Lee Construction Services, Inc for North County Reverse Osmosis Water Treatment Plant Chemical Tanks Replacement Attachments: Staff Report Final Pay Application 8.J. Amendment 2 to Work Order No. 7 Masteller & Moler, Inc., 8th Street Utility Relocation - FDOT Project 437717-1 Attachments: Staff Report Amendmerit''2"to`Work Order`No 7 Masteller`& Moler Inc 8.K. Update to South County Reverse Osmosis Water Treatment Plant Bid Award Attachments: Staff Report Sample Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS f 12. DEPARTMENTAL MATTERS A. Community Development July 6, 2021 Page 3 of 5 12.A.1 Request for Authorization to Abate a Public Nuisance Located at 126215th Avenue Attachments: Staff Report. Photos of Subject Property Order Warranty County Abatement County Code Chapter 973 Minutes - May 24, 2021 CEB meeting B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works 12.G.1 Sector 7 Beach and Dune Restoration Project Easement Status and Project Options Attachments: Staff Report H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Resolution of Necessity for five Parcels of Right -Of -Way Located along 66th Avenue between 69th and 85th Streets, Vero Beach,: FL 32967: Parcel 127 (Lipfert and tenant Tongay), Parcel 128 (Williams), Parcel 130 (Sexton), Parcel 132 (Van Antwerp) and Parcel 151 (Barker/Strickland) Attachments: Staff Report Resolution Composite Exhibit A to Resolution 13.13 Acquisition of Right -Of -Way from the Fredrick L. Lipfert and Norma C. Lipfert Trust for Phase II of 66th Avenue Improvements - 7905 66th Avenue, Parcel 127 Attachments: Staff Report Agreement to Purchase and Sell Real Estate 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman July 6, 2021 Page 4 of 5 E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a .hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 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. July 6, 2021 Page 5 of 5 PROCLAMATION HONORING LA URENCE HANCH ON HIS RETIREMENT FROM INDIANRIVER COUNTYBOARD OF COUNTY COMMISSIONERS SANDRIDGE GOLF CLUB WHEREAS, Laurence Hanch ' retires from the Indian River County, Sandridge Golf Club effective July 4, 2021; and WHEREAS, Laurence Hanch began his career with Indian River County on December 6, 2002 as a Pro Shop Attendant and has held that position to the present; and WHEREAS, Laurence Hanch has diligently worked and will be missed by many customers and fellow employees; and WHEREAS, Laurence Hanch served Indian River County without se fshness; always-looking-to-make--the=golf-course-a better place; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds the tremendous efforts of Laurence Hanch on behalf of this County, and the Board wishes to express their appreciation to Larry for his dedication and exemplary service to Indian River County for the last eighteen 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 6th day of July, 2021. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman 1 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar Twilight Night Shoots! 7,� www.g6shootingirc.com July - Thursdays @ IRC Shooting Range and Clays Facility • 5-9pm- Night Shooting is BACK by Popular Demand at the Shooting Range! :FREE Senior Wellness Programming with Park -Based Activities! July/Aug @ iG Center: Mon, Wed & FRI West Wabasso: Tue Thurs: www.ircrec.com/programs • 104m - Program enhances social activity in the 55+ Community w/ park -based activities. Perfectly Frank with Dave DeLuca - Concert www.irclibrary.org July 6 @ Brackett Library 6prn _,Come fly.away.with,Dave�DeLuca.as.:he pays -tribute to Frank Sinatra! State of.the County Luncheon July 9 @ iG Center - Rm 112A & B: 11:30am-fpm- Brought to you by our Local Chamber of Commerce. E -Sports League - Duo's Competition featuring "Fortnite" July 19-20 @ Online!: www.ircreo.com/programs • Registeration ends 7/9 online @ ircrec.com. Click the RED GO Button! $10 each. CCW (Concealed Carry Weapon) Course July 31 @ IRC Shooting Range: • 9am - LuAnn Moyer Training Group www.luanntraininggroupllc.teamapp.com Gun Show by Patriot Productions www.patriotproductions.com July 31 - Aug 1 @ IRC Fairgrounds: • I Oam-5pm, SAT & I Oam-4pm SUN.' Admission is $8. 2 CCW (Concealed Carry Weapon) Course www.luanntraininggroupllc.teamapp.com Aug 7 @ IRC Shooting Range: • 9am - LuAnn Moyer Training Group Youth Flag Football Registration - ENDS' ircrec.com/programs Aug 7 @ iG Center & ONLINE!: • gam-5pm- Be sure to Register BEFORE June 30th for $5 off the Regular Registration Fee! Commissioner O'Bryan's: S. County Community Meeting Aug 7 @ iG Center.- Rm 112A: • 5:30-7pm- One on one with Commissioner Peter O'Bryan. 3 7e INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: June 29, 2021 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON BRIGHTLINE TRAINS EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for Brightline Trains. Please see the attached document for expenses incurred as of 6/29/21. Please note, this will be the last monthly update submitted as an informational item, as all cases -,have -been--completed. Staff -will-continue-to 1monitor any additional -costs that may -occur. Any remaining balances wl.-.be.:absor_bed by the General Fund. ATTACHED: • Brightline Trains Expenses through 6/29/21 spreadsheet. F, Brightline Trains Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 -16/17 In addition to prior authorization 10/2/2018 Board approved additional $92,500 11/20/2018 Board approved additional $1 million (Budget Amendment) 3/17/2020 Countv Attornev's Office received 5200-000 from citizens f8udeet Amendmentl Acct#t00110214033110-15023 Legal Services DaW Vendor Amount Note 5/10/2021 Murphy & Walker $377.00 Fees for Legal Services April 2021 4/23/2021 Murphy & Walker $4,611.00 Fees for Legal Services March 2021 3/19/2021 Murphy & Walker $406.00 Fees for Legal Services February 2021 1/5/2021 Murphy & Walker $957.00 Fees for Legal Services November 2020 11/6/2020 Murphy & Walker $319.00 Fees for Legal Services October 2020 Subtotal Expenses FY 20/21 $6,670.00 9/30/2020 Murphy & Walker $1,073.00 Fees for Legal Services September 2020 9/25/2020 Murphy & Walker $2,719.60 Fees for Legal Services August 2020 8/4/2020 Murphy & Walker $870.00 Fees for Legal Services July 2020 7/13/2020 Murphy & Walker $3,065.00 Fees for Legal Services June 2020 6/9/2020 Murphy & Walker $1,914.00 Fees for Legal Services May 2020 5/15/2020 MoloLamken LLP $100,000.00 Fees for Legal Services April 2020 5/8/2020 Murphy & Walker $4,263.00 Fees for Legal Services April 2020 4/8/2020 Murphy & Walker $11,541.25 Fees for Legal Services March 2020 3/25/2020 Bryan Cave LLP $427.00 Fees for Legal Services February 2020 3/19/2020 MoloLamken LLP $100,000.00 Fees for Legal Services February 2020 3/10/2020 Murphy & Walker $3,178.50 Fees for Legal Services February 2020 2/10/2020 Murphy & Walker $9,483.00 Fees for Legal Services January 2020 1/13/2020 Murphy & Walker - $7,917.00 Fees for Legal Services December 2019 12/11/2019 Murphy & Walker $13,329.00 Fees for Legal Services November 2019 12/3/2019 Bryan Cave LLP $697.50 Fees for Legal Services October 2019 11/12/2019 Murphy & Walker $16,222.00 Fees for Legal Services October 2019 Subtotal Expenses FY 19/20 $276,699.85 9/30/2019 Murphy & Walker $19,290.00 Fees for Legal Services Aug & Sept 2019 9/30/2019 Bryan Cave LLP $49,142.40 .Fees for Legal Services September 2019 9/30/2019 . Bryan Cave -LLP .$7,161.12 Fees for Legal Services August 2019 9/18/2019 :Bryan Cave LLP .$107„257.70 Fees for Legal Services July 2019 9/11/2019 Murphy & Walker $18,912.00 Fees for Legal Services -Aug 2019 8/13/2019 Murphy & Walker $6,487.00 Fees for Legal Services June & July 2019 7/10/2019 Murphy & Walker $13,868.00 Fees for Legal Services June 2019 6/24/2019 Bryan Cave LLP $1,244.00 Fees for Legal Services May 2019 6/12/2019 Murphy & Walker $7,939.10 Fees for Legal Services May 2019 5/29/2019 Bryan Cave LLP $65,848.60 Fees for Legal Services April 2019 5/15/2019 Murphy & Walker $2,656.50 Fees for Legal Services April 2019 5/14/2019 Bryan Cave LLP $75,490.34 Fees for Legal Services March 2019 4/4/2019 Murphy & Walker $8,042.00 Fees for Legal Services March 2019 3/26/2019 Bryan Cave LLP $59,154.08 Fees for Legal Services February 2019 3/18/2019 Murphy & Walker $15,988.70 Fees for Legal Service -February 2019 3/18/2019 Bryan Cave LLP $3,577.26 Fees for Legal Service -January 2019 2/21/2019 Murphy & Walker $13,539.54 Fees for Legal Service -January 2019 2/5/2019 Bryan Cave LLP $9,938.49 Fees for Legal Service -December 2018 1/4/2019 Murphy & Walker $9,929.00 Fees for Legal Service -December 2018 12/27/2018 Bryan Cave LLP $26,535.95 Fees for Legal Service -November 2018 12/5/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -through 10/31/18 12/3/2018 Bryan Cave LLP $16,416.20 Fees for Legal Service -October 2018 Subtotal Expenses FY 18/19 $548,417.98 9/30/2018 McDermot,Will & Emery LLP $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 9/30/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -through 8/31/18 9/30/2018 Bryan Cave LLP $72,352.66 Fees for Legal Service -Sept 2018 9/30/2018 Bryan Cave LLP $60,392.05 Fees for Legal Service -Aug 2018 9/10/2018 Bryan Cave LLP $109,699.89 Fees for Legal Service -July 2018 8/24/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 5/11-7/30/18 8/8/2018 Bryan Cave LLP $49,360.27 Fees for Legal Service -June 2018 7/18/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 4/18-4/20/18 7/17/2018 Bryan Cave LLP $14,257.36 Fees for Legal Services -May 2018 7/2/2018 McDermot,Will & Emery LLP $10,012.00 IRC Legislative Advocacy Matters- 4/6-4/20/18 6/13/2018 Bryan Cave LLP $30,148.74 Fees for Legal Services -April 2018 5/29/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18 5/15/2018 Bryan Cave LLP $23,853.70 Fees for Legal Services -March 2018 5/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/14-27/18 4/9/2018 Bryan Cave LLP $56,189.09 Fees for Legal Services -Feb 2018 4/9/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb 3/14/2018 Bryan Cave LLP $58,782.89 Fees for Legal Services -Jan 2018 3/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan 2/20/2018 Bryan Cave LLP $32,662.90 Fees for Legal Services -Dec 2017 2/2/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Dec ..TIMM 1/17/2018 Bryan Cave LLP $6,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McDermot,Will & Emery LLP $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $634,725.58 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP $2,995.50 Fees for Legal Services -Sept 2017 9/30/2017 Bryan Cave LLP $1,119.00 Fees for Legal Services -Aug 2017 9/27/2017 Bryan Cave LLP $13,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services- lune 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP $823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services -Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP 1 $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS 1 $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS # $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP 1 $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP - $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -lune 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP ? $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS 1 $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS t $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP 1 $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Servlces-Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Servlce-Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP - $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP i $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP ! $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA -$250.00 Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services Date Acct#00110214-033190-15023 Vendor Atlantic Coastal Land Title Amount $85.00 Other. Professional Services Note Title Search 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services 9/30/2018 Subtotal Expenses FY 14/15 $1,064,319.15 Copies 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services 4/28/2017 Subtotal Expenses FY 13/14 $28,551.80 509,5 reimbursement aput oetween bt.t.ucie, roman Hwer, ana martin Counties Date 5/19/2020 Acct#00110214-033190-15023 Vendor Atlantic Coastal Land Title Amount $85.00 Other. Professional Services Note Title Search 11/4/2019 Advanced Data Solutions $1,115.00 Document Scanning $97.32 Subtotal Expenses FY 19/20 $1,200.00 $111.32 11/27/2018 Scripps $92.40 Legal Advertising 11/21/2018 Gall E. Flinn - $350.00 Transcription Services $174.90 Subtotal Expenses FY 18/19 $442.40 $373.60 9/30/2018 Copy Charges $32.96 Copies 8/30/2018 Florida Dept of Transportation $82.84 Public Records Request -balance 7/10/2018 Florida Dept of Transportation $82.84 Public Records Request 9/11/2018 Subtotal Expenses FY 17/18 $198.64 9/11/2018 4/28/2017 Martin County 5095A reimbursement -$3,380.35 509,5 reimbursement 4/18/2017 Triad Rallroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consultants $13,396.11 Kate P. Cotner -Capital Hill All Aboard FL Mtg 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Subtotal Expenses FY 16/17 $18,779.15 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consultants $24,758.59 Review AAF 909,5 & plans 9/30/2016 Atkins North America,lnc. - $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18' 8/5/2016 - GK Environmental $2;040.00 7/12/2016 Dylan'Reingold-traveltoWash'DC '$928.37 AAFHeartng 6/1/2016 'US legal support Inc. $160:80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dylan Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group ' $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records subtotal Expenses FY 14/15 $44,810.15 Acct#00110214-034020-15023 All Travel Date 4/24/2019 Travel Dylan Reingold-FDFC Meeting on Brightline Amount Notes $400.39 4/16/2019 Tim Zorc-FDFC Meeting -Orlando $97.32 3/13/2019 Peter O'Bryan-FDFC Meeting -Orlando $111.32 3/13/2019 Bob Solari-FDFC Meeting -Orlando $92.32 12/12/2018 Kate Cotner -US Dist Court Hearing -Washington DC -expense $156.89 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel $174.90 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Flight $373.60 Subtotal Expenses FY 18/19 $1,406.74 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Kate Cotner -FL Dev Finance Corp Mtg-Oriando-hotel $113.50 - 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/11/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando $111.91 9/11/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando $122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando $91.52 9/4/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando $110.45 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando $91.52 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg $161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 Date 5/1/2018 American Airlines -Kate Cotner $167.20 Other Professional Services 5/1/2018 let Blue -Dylan Reingold $128.20 Notes 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold $548.74. Work Order 10 EIS 1/02/15 Subtotal Expenses FY 17/18 $2,420.00 Work Order 13 Noise Monitoring 9/30/2017 Delta Air $191.80 Work Order 10 EIS 9/30/2017 American Airlines $193.20 ' 9/30/2017 Jet Blue $168.20 Work Order 13 Noise Monitoring 9/30/2017 Jet Blue $25.00 9/30/2017 Bob Solari -travel to Washington DC $869.98 with OMB,Senator & Congressman & FDOT 9/30/14 Acct#00110111-034020-15023 $8,077.00 All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 Work Order 10 EIS 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 .. Work.Order 10.EIS 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa 5ubtotalExpenses FY 16/17 $3,029.76 4/20/2016 Dylan Reingold $106.26 Hearing - 4/6/2016 Aloft Hotel $109.00 MHG Tallahassee AL P -Dylan Reingold 12/16/2015 Kimberly Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 _ Dylan Reingold $75.26 8/26/2015 Kate Cotner -$5.36 Orlando -Travel -FL Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Total Expenses 20/21 Acct#11124319-033190 Total Expenses 19/20 Other Professional Services Date Vendor Amount Notes 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 -_CDM Smith Inc .$3,125.00 .. Work.Order 10.EIS - Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 20/21 $6,670.00 Total Expenses 19/20 -$277,899.85 Total Expenses 18/19 '$550,267.12 Total Expenses 17/18 $637,344.22 Total Expenses 16/17 $223,471.97 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 6/29/2021 $3,766,557.72 Total Board authorized budget for FY 20/21 $419,533.00 Total Board authorized budget for FY 19/20• $277,899.85 Total Board authorized budget for FY 18/19 $550,267.12 Total Board authorized budget for FY 17/18 $637,344.22 Total Board authorized budget for FY 16/17 $223,471.97 Total Board authorized budget for FY 15/16 $870,867.50 Total Board authorized budget for FY 14/15 $1,154,211.26 Total Board authorized budget for FY 13/14 $45,825.80 Total budgeted 13/14-20/21 $4,179,420.72 •Includes $200,000 donation from citizens Remaining Balance $412,863.00 M INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: June 17, 2021 SUBJECT: Distinguished Budget Presentation Award Fiscal Year 2020/2021 FROM: Kristin Daniels Director, Management & Budget Following is notification received from the Government Finance Officers Association (GFOA) awarding Indian River County, Florida, the Distinguished Budget Presentation Award for the current fiscal year 2020/2021. A Certificate of Recognition has also been presented to the Office of Management & Budget as the department designated as being primarily responsible for having achieved the award. This is the thirtieth consecutive year that the Office of Management & Budget has received this award. 9 June 16, 2021 Kristin Daniels Budget Director Indian River County 1801 27th Street, Bldg A Vero Beach, FL 32960-3388 Dear Ms. Daniels: We are pleased to inform you, based on the examination of your budget by a panel of independent reviewers, that your budget document has been awarded the Distinguished Budget Presentation Award from Government Finance Officers Association (GFOA) for the current fiscal period. This award is the highest form of recognition in governmental budgeting. Its attainment represents a significant achievement by your organization. The Distinguished Budget Presentation Award is valid for one year. To continue your participation in the program, it will be necessary to submit your next annual budget document to GFOA within 90 days of the proposed budget's submission to the legislature or within 90 days of the budget's final adoption. Information about how to submit an application for the Distinguished Budget Program application is posted on GFOA's website. Each program participant is provided with confidential comments and suggestions for possible improvements to the budget document. Your comments are enclosed. We urge you to carefully consider the suggestions offered by our reviewers as you prepare your next budget. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for its having achieved the award. Enclosed is a Certificate of Recognition for Budget Preparation for: Finance Department Continuing participants will receive a brass medallion that will be mailed separately. First-time recipients will receive an award plaque within eight to ten weeks. Enclosed is a camera-ready reproduction of the award for inclusion in your next budget. If you reproduce the camera-ready image in your next budget, it should be accompanied by a statement indicating continued compliance with program criteria. The following standardized text should be used: Government Finance Officers Association of the United States and Canada (GFOA) presented a Distinguished Budget Presentation Award to Indian River County, Florida, for its Annual Budget for the fiscal year beginning October 01, 2020. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as a financial plan, as an operations guide, and as a communications device. This award is valid fora period of one year only. We believe our current budget continues to conform to program requirements, and we are submitting it to GFOA to determine its eligibility for another award. 10 A press release is enclosed. Upon request, GFOA can provide a video from its Executive Director congratulating your specific entity for winning the Budget Award. We appreciate your participation in this program, and we sincerely hope that your example will encourage others in their efforts to achieve and maintain excellence in governmental budgeting. The most current list of award recipients can be found on GFOA's website at www.gfoa.org. If we can be of further assistance, please contact the Technical Services Center at (312) 977-9700. Sincerely, Michele Mark Levine Director, Technical Services Center Enclosure 11 FOR IMMEDIATE RELEASE June 16, 2021 For more information, contact: Technical Services Center Phone: (312) 977-9700 Fax: (312) 977-4806 E-mail: budgetawardsna,gfoa.org (Chicago, Illinois) --Government Finance Officers Association is pleased to announce that Indian River County, Florida, has received GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: ■ a policy document ■ ..a.financial plan -an operations guide ■ a communications device Budget documents must be rated "proficient" in all four categories, and in the fourteen mandatory criteria within those categories, to receive the award. When. a Distinguished Budget Presentation Award is granted.to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for having achieved the award. This has been presented to Finance Department. There are over 1,600 participants in the Budget Awards Program. The most recent Budget Award recipients, along with their corresponding budget documents, are posted quarterly on GFOA's website. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. Government Finance Officers. Association (GFOA) advances excellence in government finance by providing best practices, professional development, resources and practical research for more than 20,500 members and the communities they serve. 12 GOVERNMENT FINANCE OFFICERS ASSOCIATION Distinguished Budget Presentation Award -PRESENTED TO Indian River County Florida For the Fiscal Year Beginning October 01,2020 Executive Director 13 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E.; Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director FROM: . Rob Skok, Infrastructure Project Manager SUBJECT: County Welcome Signs Release of Retainage and Change Order No. 1, IRC -1816 DATE: June 15, 2021 DESCRIPTION AND CONDITIONS On August 18, 2020 the Board of County Commissioners awarded Bid No. 2020048 to Kenco Sign and Awning, LLC. in the amount of $99,000.00 for the construction of landmark welcome signs at four roadway entry points within the County. Change Order No. -1 makes final<adjustme.nts-to,contract-bid•items-resulting ina-decrease change to the-total-.contractarnountand.makes contract time adjustments. Kenco Sign and Awning, LLC. has successfully completed the project and has been paid $94,050.00 with $4,950.00 held in retainage to date. There was a slight discrepancy over how the wall caps were finished and therefore, Kenco Sign and Awning, LLC. has submitted Contractor's Application for Payment No. 4 for final payment in the amount of $2,475.00 for the release of retainage for a total of $96,525:00. FUNDING Funding in the amount of $2,475.00 is budgeted and available from the following account: Account Name Account No. Secondary Roads/County Welcome Signs/ 109-206000-20033 Retainage-Kenco Sign and Awning 14 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 4 to Kenco Sign and Awning, LLC. in the amount of $2,475.00 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 4 2. Change Order No. 1 ; i APPROVED AGENDA ITEM FOR July 6, 2021 , 15 CHANGE ORDER NO. 1 - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: County Welcome Signs PROJECT NO: IRC -1816, BID NO. 2020048 Item No. Description Unit Unit Price Quantitv Price Increase Price Decrease 121-70 WCD #1 LS 10000.00 1.00 10,000.00 999-25 FORCE ACCOUNT LS 10000.00 1.00 -10,000.00 REDUCTION IN RETAINAGE LS -2,475.00 SUBTOTALS 10,000.00 -12,475.00 i COUNTY WELCOME SIGNS TOTAL ($2,475.00) 16 00310-1 C:\G ra n icus\Legi star5\L5\Temp\e52fabc9-b7b9-4f97-9169-72f9027778ac SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: 6/15/2021 EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Kenco Sign & Awning, LLC Project: County Welcome Signs 1 OWNER's Project No. IRC -1816 OWNER'S Bid No. 2020048 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $99,000.00 Net increase (decrease) of this Change Order: ($2,475:00) Contract Price with all approved Change Orders: $96,525.00 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial. Completion:. 90 --Final Completion: 120 Net -increase -this Change Order: Substantial Completion: 22 days Final Completion: 22 days Contract Time with all approved Change Orders: (days) Substantial Completion: 112 Final Completion: 142 RECOMMENDED: Rob Skok By: PROJECT MANAGER(Signature) Date: APPROVED: Richard B. Szpyrka, P. E. By: OWNER (Signature) Date: 17 �A Consent INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: June 17, 2021 SUBJECT: Approval of First Renewal of Second Amendment of Property Lease for Temporary Location of Fire Station #7 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners. DESCRIPTION: On June 23, 2015, Joseph G. Miller and Indian River County entered into a lease agreement for the use of the property located at 1893 90th Avenue, Vero Beach, Florida to serve as a short term location for-modularTire-RescueStation 47.On.May-2,-2017;-an.Amend. ment to -the -Lease Agreement -was -approved reflecting St. Lucie County Battery'. and Tire Company as the Lessor on the agreement. The initial term on the lease agreement was 24 months with the option to renew for 3 additional one (1) year terms. On June 11, 2019, the County utilized the final one (1) year extension and the lease expired on June 18, 2020. On August 18, 2020, the Board approved a second amendment and renewal- of the property lease with the option to renew for 3 additional one (1) year terms. The current lease is due to expire on June 18, 2021 and at this time, staff is requesting to extend the lease for an additional one (1) year term. The monthly lease amount will be $1,092.72 ($13,112.64/annually), an increase of 3% over the previous rate of $1,060.90 ($12,730.80/annually). FUNDING: Funding for the property lease is budgeted and available from the Emergency Services District Funds as follows: ITEM I Amount Account Number Fire Rescue Station #7 Property.Lease 1 $13,112.64 11412022-034410 RECOMMENDATION: Staff recommends approval of the first renewal of property lease. ATTACHMENTS: First Renewal to Second Amendment of Lease Agreement FIRST RENEWAL TO SECOND AMENDMENT OF LEASE, AGREEMENT THIS FIRST RENEWAL OF SECOND AMENDMENT OF LEASE AGREEMENT ("Renewal") is entered into as of the day of July, 2021 by and between St. Lucie Battery and Tire Company, a Florida corporation, ("Lessor") and Indian River County, a political subdivision of the State of Florida (the "Lessee"): RECITALS WHEREAS, on June 23, 2015, Joseph G. Miller and Lessee entered into a lease agreement (the "Lease Agreement") for the use of the property located at 1893 90th Avenue, Vero Beach, Florida (the "Leased Premises") to serve as a short term location for a modular Fire Station #7; and WHEREAS, on November 2, 2016, Joseph G. Miller, individually, and as Trustee of the Joseph G. Miller Revocable Living Trust, dated October 2, 1986, deeded the Leased Premises to Lessor; and WHEREAS, on May 2, 2017, Lessor and Lessee entered into an Amendment to Lease Agreement; -reflecting St. Lucie Battery -and -Tire -Company as the Lessor-on,the,Lease Agreement; and WHEREAS, the Lease Agreement allows the Lessee to renew the Lease Agreement, at its sole discretion, for 3 additional one (1) year terms; and WHEREAS, on June 19, 2018, the Lessor and Lessee renewed the Lease Agreement for the second one (1) year term; and WHEREAS, on June 19, 2019, the Lessor and Lessee renewed the Lease Agreement for the third one (1) year term; WHEREAS, it is the intent of the Lessor and.the Lessee that the Lease Agreement be extended for an additional one (1) year term with the option to extend the lease for an additional two (2), one-year terms; NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Amendment. The Lease Agreement is hereby renewed to provide for an additional term of one year from June 18, 2021 to June 18, 2022. Followingthe additional term, the Lessee shall have the right to renew the Lease Agreement for two (2) additional one year terms, .provided however, that the Lessee informs the Lessor one hundred .twenty (120) days 19 before the expiration of the lease of the Lessee's desire to exercise its right to the additional one-year term. Be it further amended that the rental rate paid to the Lessor by the Lessee be increased by 3% to $1,092.72 per month or $13,112.64 annually. The rent shall increase by 3% each successive year the Lease Agreement is renewed by Lessee.. 3. All provisions of the Lease Agreement, as amended by the Amendment to Lease Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the Lessor and Lessee have executed this instrument this day of July, 2021, nunc pro tunc June 18, 2021., INDIAN RIVER COUNTY, FLORIDA St. Lucie Battery and Tire .Company Joseph Flescher, Chairman By: G. Douglas Miller Board of County Commissioners Title: President Witnessed by: Date Approved: ATTEST: Jeffrey R. Smith Signature: -Clerk of the -Court and Comptroller Printed name: WE Deputy Clerk APPROVED AS TO FORM: Dylan Reingold, Esq. County Attorney Signature:_ Printed name: APPROVED County Administrator 20 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Brian Freeman, AICP MPO Staff Director DATE: June 18, 2021 SUBJECT: Work Order No. 21 with MBV Engineering, Inc. for Design of GoLine Bus Shelter Locations ,lt-is requested. that th e,i nfo rm atio n,.he re in. -P resented-.be-givemfor m at,consideration-bythe-Board of County Commissioners at its regular meeting ofJ.uly 6, 2021. DESCRIPTION AND CONDITIONS Indian River County is the Designated Recipient .of state and federal transit funding for the Sebastian -Vero Beach urbanized area. Those funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider, which operates the Goline (fixed route) and the Community Coach (demand response) transit services. As ridership has increased on the Goline, it has been necessary to construct bus shelters and other passenger amenities at the busier bus stops. Over the last decade, 58 bus shelters have been constructed at Goline locations throughout Indian River County. The most recent phase of shelters included the Indian River State College Mueller Campus, along SR 60 (in front of Target and Bob Evans), along US 1(at 38th Lane and Oslo Road), and other locations. Recently, MPO staff coordinated with SRA to identify locations for the next phase of bus shelters. The appearance of these bus shelters will be the same as previous bus shelters, which have an attractive design in a dark green color. Federal Transit Administration (FTA) Section 5307 grant funds will be used to pay for the bus shelters, with no local funds required. ANALYSIS In coordination with the Public Works Department, MPO staff has prepared a work order with 21 MBV Engineering, Inc. for civil design services for each bus shelter location. Typically, each bus shelter will require a concrete pad designed to ADA specifications, modifications to existing drainage conditions, and connections to nearby sidewalks. The Board approved the Continuing Consulting Engineering Services Agreement for Professional Services with MBV Engineering, Inc. on April 17, 2018 and extended that agreement on May 18, 2021. In accordance with that agreement, MBV Engineering will provide professional services to prepare engineering design plans and specifications.. FUNDING Grant funds from the Federal Transit Administration's (FTA) Section 5307 program will be used to pay for the design and construction of the bus shelters. Through the Section 5307 program, FTA covers 100% of all capital expenses of the public transportation system. Sufficient funds are available in General Fund/Agencies/SRA/SRA Bus Shelter, Account # 00111041-066510-54001, the County's existing Section 5307 grants, to cover the expenses associated with the bus shelter program. RECOMMENDATION Staff recommends the Board approve Work Order No. 21 with-MBV Engineering,,Inc..for.design of 'GoLine bus shelter locations. Attachments: 1. Work Order No. 21 with MBV Engineering, Inc. for design of GoLine bus shelter locations 22 WORK ORDER 21 Indian River County Go -Line Bus Stop Shelters This Work Order Number 21 is entered into as of this_ day of , 202_, 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 MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 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 WH.EREO.F,.>the;:pa,rt:i:es..h.ere.to,have..exec.uted. this Work ,Order. ,as_of-the. date first written above.. CONSULTANT: MBV Engineering, Inc. By: By: Title: Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 23 EXHIBIT A - SCOPE OF WORK It is our understanding that the COUNTY intends to construct new bus shelters in the County Rights -of - Way for the County's Go -Line transportation system at the following bus stop locations: • 37th Street and 17th Avenue - North side of the road, Westbound stop only — (Route 3) • Highland Drive and Old Dixie Highway - Northbound Only — (Route 6) • Old Dixie Highway and Georgia Lane (13th Lane SW) - Northbound and Southbound — (Route 6) • Old Dixie Highway and 4th Place SW - Northbound and Southbound — (Route 6) • Old Dixie Highway and 1st Street SW - Northbound Only— (Route 6) • 27th Avenue and 5th Street SW - Northbound and Southbound — (Route 7) • 27th Avenue and Dollar General (Oslo Road) - Northbound.and Southbound - (Route 7) • St. Lucie Boulevard (Veterans Services Bldg.) — Southbound Only — (Route 8) • Elm Street and County Road 512 SE corner -(City of Fellsmere) - Northbound Only — (Route 10) • Schumann Drive and Empress Avenue (City of Sebastian) — Southbound Only - (Route 12) • Schumann Drive and Englar Drive (City of Sebastian) — Southbound Only - (Route 12) The proposed design improvements will consist of concrete bus shelter pads and covered shelters pursuant to the COUNTY's new shelter design specification. The bus shelter specification for the project shall be provided by COUNTY to Consultant and be relied upon for the design parameters. Locations will most likely require minor drainage infrastructure to accommodate existing drainage flows. This improvement will require design services and -coordination with the COUNTY staff / departments as applicable. Coordination will also be required with the City of Sebastian and City of Fellsmere for the ,,shelters proposeoo'reina"tion with°COU'NTY- ff'Abe =prbjed'will only be required to obtain IRC 'ROW permits and in-house reviews by the MPO and 'Public Works Departments staff for the proposed locations. IRC Site Plan approvals will not be required and are therefore not included in this Work Order. It is also understood that an existing conditions survey consisting of site-specific topography and existing infrastructure will be required for all locations. As such, MBV Engineering, Inc. will provide the existing conditions survey, civil design, plan details, cost estimates, permitting services, bidding assistance and construction administration services as related to the above activities and as further described below. Task 1: Existing Conditions Survey The Consultant will provide the existing conditions surveying services for the project at each Bus Stop Location which will include: • Provide a minimum of two horizontal and vertical control points for design baseline. • Perform site specific topographic survey. • Locate existing aboveground improve ments'with elevations sufficient for design. • Locate aboveground utilities with elevations, where applicable, per engineer. • Depict existing right-of-way lines and adjoining parcel designation • Provide CAD file to MBV Engineering, Inc. upon request. • Provide up to 8 certified copies of finished survey upon request. Consultant will utilize the above information survey information as the base for the existing conditions for all the bus locations for the proposed design'. 24 Task 2: Civil Design Plans & Permitting A. Construction Plans The Consultant will prepare 24" x 3V design drawings for each bus stop location which will include the following: Cover Sheet, Existing Conditions Plan, General Notes and Specifications, Erosion Control Plan, Demolition Plan, Site Plan, Grading and Drainage Plan and applicable details sheets. It is understood no utility improvements, design or permitting will be required with this project and is therefore excluded from this Work Order. B. County Reviews The Consultant will attend two (2) progress review meetings with the COUNTY staff at the 50 and 100 percent levels of design completion. A single set of review comments shall be provided to Consultant prior/or after each review meeting. This task includes revisions to plans from each County review within reasonable scope of the project. C. Permitting The Consultant will prepare the following permit applications and associated submittals for the following agencies for each bus stop: Indian River County - Bus Stop Locations: • Indian River County ROW permit for each individual location City of Vero Beach - Bus Stop Location: • :.:Cityrof-VerozBeach,M,inorSite..Pla.n_&.ROW,permit City of Fellsmere - Bus Stop Location: • IRC ROW Permit City of Sebastian - Bus Stop Locations: • City of Sebastian ROW No endangered species, wetlands or other ecological permitting is anticipated or included herein. The Consultant will prepare all necessary applications and provide to COUNTY for signature. Permit Application Fees will be paid for by Consultant and included in this Work Order as a reimbursement to Consultant by COUNTY. Task 3: Structural Design & Permitting The Consultant will provide the following structural design services for each Bus Stop Location: A. Design • Review Bus Shelter Specifications) as provided by COUNTY • Establish structural design criteria • Develop structural design and preparation for the foundation plans and sections based on conventional, shallow foundation system • Development of foundation specifications on plans 25 B. Permitting The Consultant will prepare application packages and submit to the below listed agencies for each bus stop location. Consultant will respond to Building Department review comments and re -submit plans to address comments,'as necessary. It should be noted the project contractor will be responsible for obtaining the building permit and payment of building permit fees for each location. Indian River County and City of Vero Beach — Bus Stop Locations: • Indian River County Building Permit City of Fellsmere - Location: • City of Fellsmere Building Department City of Sebastian - Bus Stop Locations:) • City of Sebastian Building Department Task 4: Cost Estimates The Consultant will prepare an Engineer's Opinion of Probable Costs at approximately 50 and 100 percent levels of design completion. Task 5: Construction Services The Consultant shall attend (1) Pre -Construction meeting at COUNTY with staff and the selected contractor, and provide the following scope of services during the construction phase at each Bus Stop Location: A. Civil Construction Services • Shop drawings review of civil site components • One (1) inspection during subbase'construction • One (1) inspection during sidewalk formboards • One (1) inspection for punchlist prior to final inspection • One (1) site visit for final walkthrough with COUNTY inspector in attendance • Review of testing.reports and as-builts provided by Contractor • Coordination with COUNTY Planning and Public Works inspection staff • Coordination with Contractor • Certification by E.O.R. to COUNTY B. Structural Construction Services • Shop drawings review of structural foundation components • One (1) inspection prior to installation of concrete for foundations • Review of testing reports and as-builts provided by Contractor • Coordination with COUNTY Planning and Public Works inspection staff • Coordination with Contractor 26 Task 6: Permit Fees: Permit Application Fees will be paid for by Consultant and included in this Work Order as a reimbursement to Consultant by COUNTY. The following permit fees are included in this Work Order: • Indian River County Commercial ROW Permit Fee $800 each for (12) locations (Including Fellsmere CR 512 location) • City of Sebastian ROW Permit Fee $250 each for (2) locations EXHIBIT B - DELIVERABLES The Consultant shall provide the COUNTY with the following at the 50 and 100 percent milestones: • Two (2) sets of plans in 24" x 36" format (signed & sealed) • One (1) Opinion of Probable Cost (OPC) • One (1) electronic version of the plans in pdf and CAD format EXHIBIT C - FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: TASK Fee -Task-1:-EXistinng 'Conditions -Survey $ 17,700 Task 2: Civil Design and Permitting $ 48,750 Task 3: Structural Design and Permitting $ 12,750 Task 4: Cost Estimates $ 2,250 Task 5: Construction Services: Civil Construction Services $ 9,000 Structural Construction Services $ 5,250 Task 6: Permit Application Fees & Reimbursables IRC ROW —12 locations @ $800 each $ 9,600 City of Sebastian ROW - 2 locations @ $250 each $ 500 Reimbursables $ 2,500 TOTAL $ 108,300 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. 27 The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order 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. EXHIBIT C - SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Initial Submittal (50% design drawings) 60 days from receipt of Survey • Final Submittal (100% design drawings) 90 days from Receipt of Interim Review Comments DI -A INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Phillip J Matson, AICP Community Development Director THROUGH: Andrew Sobczak Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 6/21/2021 RE: Request by Miguel Solis and Lupita Ramos for Release of Easements located at 5905 59TH ST It `is -requested that the'Boardof•County-Commissioners-form-ally-consider -the following -information -at its regular meeting of July 6th, 2021. DESCRIPTION AND CONDITIONS The County has been petitioned by Miguel Solis and Lupita Ramos, owners of a property located at 5905 59TH Street, for release of multiple drainage and utility easements. The subject property consists of four platted lots that are joined together, with each individual constituent lot containing easements. The purpose of the easement release request is to accommodate construction of a single-family home and associated improvements. ANALYSIS 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 Public Works Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easements. Therefore, it is staff's position that the requested easement release would have no adverse impact to drainage or to utilities being supplied to the subject property or to other adjacent properties. RECOMMENDATION Staff recommends that the Board, through adoption of the draft resolution, approve release of the drainage and utility easements described in the draft resolution. 29 MIGUEL SOLIS AND LUPITA RAMOS Release of Easement Page 2 Attachments: 1. Map(s) depicting easements proposed for release. 2. Proposed County Resolution Releasing Easements. ease.bccmemo proj./appl. no. 2021020141/89180 30 O Z O t �S•;P r+ .¢ LOT 5 i� tot 28 BLOCK J II BLOCK 3 (100.00.)c i z C, w t• a o ao> IA 1 I .. Cd I I I I I� a o , Ion, �^ I -a-D; p �o a+.DO z I 16 I I W O O woo I ----- --- --I la II la II RS Q I O Q I n ea I I ,.ate --- i —_j ------- r. Y •m6 ti�f�2�� •• n-� t v AZ. A It b ac F h4 a � Ogg; e� �?��g�4�°i?7�rmaar-sial§sY�sawa� ee �a �_� tia 4 gee �eaaea�pkr �5tac6xt��9N:•a°•Pxn�g���°® FM (100.00.) IIF: � 11 !J99 a #= Wy op 2 �Oyn� y{ 4a166 Em oEW ab�A<��PSms�4 i� xFf'aa a o0° Vc', R fI! le O �OWp-Z 9 i z C, w t• a o ao> N a o�z Cd I I I I I� a G la Ion, �^ I -a-D; p �o a+.DO z d I W O O woo K (100.00.) IIF: � 11 !J99 a #= Wy op 2 �Oyn� y{ 4a166 Em oEW ab�A<��PSms�4 U a � 0 O o � a r AX o W Z 0 0 m 0 04 a a �8z ry E=a Zi af mQ Sw� V xFf'aa a o0° Vc', R im x �OWp-Z 9 0 V p W 0 zda..o z C, w t• a o ao> N a o�z Cd W F�Ww0 a G F 0— U a � 0 O o � a r AX o W Z 0 0 m 0 04 a a �8z ry E=a Zi af mQ Sw� V r-' M �U == 5"L 00 �.. W 4 O b �o d r-' M �U == 5"L b r-' M O N � O Y O o d z m z q t7 U a a o .h'.S ..EKY •a11. �S i• v 93• Asa ..�lKI'll e 3 ?71'e. 7- o Y99 t~ y ,: 1 - G. �8L �5 �� �'I'v 5`� 0 I •+59:8 �' a � � '�Y:-B J Sia 5PR : .3d$ ^� 7anazs vs.e.za�znyUiee•zn.lnov eAMN SONIA- 1 et -J z O�� O z> Z w o QN H 1 J m V Q LL U CJ <� L aza = o o > s s m j Q a Q Z > w p .� mPOiz w z Q K —v—. z (A a 3. w N J Ott ro 0. r4 It M'��S• ••:i l . - p'•t i .O•L _ .. » it �5� _ ,� N .G•t Q N m ti m I, m � = lu _ O itf = .Ibis N n N N N -r r4 1 N N N N N N m C S 'b -mu q+t 'l• _ ell P .O r! Pra Pu $•o --i; dI 1OONIBS)'3AV+oa931-IV •' lu9 ICi, .Ora M'��S• ••:i l _ Ara . �•[ _ `. /. » A'H Al• •8 _ ,� N A Q N m ti m I, m � = lu _ O itf = .Ibis N n N N N N r4 1 N N N N N N m C S _ins •� M'��S• l WU r S 38M i 5 K"9CZ 3: 4£ r £ N M P•n N m J• m m O � N A O H m 9 �se1 'see a 6 A N n N N N N Nt. 1 N N N N N N m C S _ins N Y N N N M'��S• l WU z*.21e§ =s S 38M i 5 K"9CZ 3: 4£ r £ r:� e OR :B7Cz - .2 �st ga93: ljl•1= I :.S K N Y N N N i § r1r Ott. t I I - 0+! T .O •t - 0•! P'tY M'��S• l WU z*.21e§ =s S 38M i 5 K"9CZ 3: 4£ r £ r:� e OR :B7Cz - .2 �st ga93: ljl•1= I :.S K I n� i § I t I I RESOLUTION NO. 2021- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING EASEMENTS ON LOTS 1, 2,3 & 4, BLOCK 3, KING'S MUSIC LANDS SUBDIVISION WHEREAS, Indian River County has an interest in drainage and utility easements on Lots 1, 2, 3, & 4, Block 3, of King's Music Lands Subdivision; and WHEREAS, Miguel B. Solis & Lupita Ramos, owners of the property, have made application to Indian River County requesting that the County release the easements; and WHEREAS, the retention of the easements, 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 easements: to allow for the release of the north three (3) foot drainage & utility easements on Lots 2, 3, 4 and the south three (3) foot drainage & utility easements on Lots 1, 2, 3, less and except any portions of the west five (5) foot drainage & utility easement on Lots 1, 2, 3, & 4, Block 3, King's Music Lands Subdivision, according to the plat thereof, as recorded in Plat Book 6, Page 17 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 Elorida;:whose mailing:.addiess is 101 21`th"Stre'of;:.Vero Beach; Florida3'2960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of , 2021, by the following vote: . Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Laura Moss Commissioner Joe Earman The Chairman declared the resolution duly passed and adopted this day of 12021 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 33 RESOLUTION NO. 2021 - APPROVED AS TO LEGAL FORM: County Attorney ease.bccdoc proj/apl. no. 2021020141/89180 Cc: Applicant: SOLIS, MIGUEL B. & RAMOS, LUPITA 128 SOUTH BROADWAY ST FELLSMERE, FL 32948 34 A INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Phillip J Matson, AICP Community Development Director THROUGH: Andrew Sobczak Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 6/21/2021 RE; Abigail Andujar's Request for Release of an Easement located at 5840 59th Avenue >..Il.ls :req.uested �that.the•!Boar-d.;of. County....Comm.ission.ers.yformally, consider_.the-fo.11owi.ng_.in.fo.rmation .at its regular meeting of July 6th, 2021. DESCRIPTION AND CONDITIONS The County has been petitioned by Abigail Andujar, owner of a lot located at 5840 59th Avenue for release of a drainage and utility easement. The subject property consists of two lots joined together with a drainage and utility easement located in the middle of the two lots. The purpose of the easement release is to accommodate the construction of a single-family residence. ANALYSIS 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 Public Works Divisions; 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 easement release would have no adverse impact to drainage or to utilities being supplied to the subject property or to other adjacent properties. RECOMMENDATION Staff recommends that the Board, through adoption of the draft resolution, approve release of the drainage and utility easement described in the draft resolution. 35 ABIGAIL ANDUJAR Release of Easement Page 2 Attachments: I . Map(s) depicting easement proposed. for release. 2. Proposed County Resolution Releasing Easement. ease.bccmemo proj./appt: no. 2021010062/99633 36 9tJ'OAl—:LS4 i 699--X ppppyy cel°s�� v N� N '•!S� 6 7100' hN a�s a ?� w > 10, "��[ X O� X � h K°%mss" i 1 r tl h odl I I. I Lb h coz c2S �m t- en h J yh 9tJ'OAl—:LS4 i 699--X ppppyy cel°s�� v N� N '•!S� 6 7100' hN a�s a ?� w > 10, "��[ X O� X � h K°%mss" i 1 r tl h odl I I. I Lb h coz c2S �m t- en h o i offi 9tJ'OAl—:LS4 i 699--X ppppyy cel°s�� v N� N '•!S� 6 7100' hN a�s a ?� w > 10, "��[ X O� X � h K°%mss" i 1 r tl h odl I I. I Lb h coz c2S �m t- en 'o�� offi la_ 9tJ'OAl—:LS4 i 699--X ppppyy cel°s�� v N� N '•!S� 6 7100' hN a�s a ?� w > 10, "��[ X O� X � h K°%mss" i 1 r tl h odl I I. I Lb h coz c2S �m t- en a .A 6O.ze: X d el "Ese '• w w x ea A�ogs 9P. r_ F- a a O s:. �4a8'��a< i >. a 37�"; s s 4 ��; Le �33�ge;5 g � �.9%li• 0 4 ��� �5 1 •i7 p C�� �Ye9 8 � � `99"J� � es�y n G• „L ....9 'e t? � syd: MG! � � � ..• 5<�9 ? m u u5�o`e3 0 n l]•!]r rgMb+G4 e]xrljtYl Orsi¢. •IIIAe ='AMH SON1 ! • pre. AbG r .ta F� � � ^ Q �I M � Vu F � m _ `•r�� � - _. _i. _ A -N -p a -„ -�_ a N aa N N N N N N N N xy {r P 0 A 'ijiun00'H18S)'3Ab•0!i 3-nv .attY •�aN •a .. •1 4 - .• - All M'IG•a s pu - .. N O � ..;. � N h V •• .o'•L Pce 8 h d N i0 F N I A O - Nr:. N d N �yle p _ -_- _ - _ df ± - N 45 ++.e @ __ .oba �pbt H. N. P- N �.. aae ']I o •L abL '. ''•• •2e1+ IA+x j. 1 3 A'.G ' btu - ie•G ' u8 An nl i 1 IL I . 1 c 1 Ar .4 g%, :f• (3AV'114169) w` ,cera �,� .o+e N .. •1 .. O •• q - •• V F .o•e_ mry•IL s pu - .. N O � ..;. � N h V .a •c � Axo �:,8 Ar1B p _ -_- _ - _ df ± - N 45 ++.e @ __ .oba �pbt Arc aae ". LLNnC)0'H168) '3AV L3nNIW ' $ silo •a .. - • •L - - - AIL - - •L Awe _-_-__ _ -_- _ - _ ON S' @ F tl ']I o •2e1+ o1! btu 1 bL NG 0. oto MIH014165) '34•1•10MV-1 iL •a ••-- — Aba i Abt `- � AIL P, e _-_-__ _ -_- _ - _ ON S' @ F tl ']I o •3AV 32fd Polo.Oo 7M� i b _ 4 O ai >rA n a b _ g R",A UNI i�Qes .3c"58 i s gY9e: '.z MT^83a 5C::¢y :3 RESOLUTION NO. 2021- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN EASEMENT ON LOTS 27 & 28, BLOCK 20, KING'S MUSIC LANDS SUBDIVISION WHEREAS, Indian River County has an interest in a drainage and utility easement on Lots 27 & 28, Block 20, of King's Music Lands Subdivision; and WHEREAS, Abigail Andujar, the owner of the property, has made application to Indian River County requesting that the County release the easement; 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 easements: to release the south three (3) foot drainage & utility easement on Lot 28, the north three (3) foot drainage & utility easement on Lot 27, less and except any portion of the east five (S) foot drainage & utility easement on Lots 27 & 28, Block 2, King's Music Lands Subdivision, according to the plat thereof, as recorded in Plat Book 6, Page 17 of the Public Records oflndian 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 180L27.th Street,.VeroBeach,.Florida.32960. "THIS -RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of 52021, by the following vote: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Laura Moss Commissioner Joe Earman The Chairman declared the resolution duly passed and adopted this day of 12021 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller an Deputy Clerk 39 RESOLUTION NO. 2021 - APPROVED AS TO LEGAL FORM: County Attorney ease.bccdoc proj/apl. no. 2021010062/89633 Cc: Applicant: ANDUJAR, ABIGAIL 876 47TH AVENUE VERO BEACH, FL 32966 40 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Consent Agenda - B. CC 7.6.21 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners, FROM: Dylan Reingold, County Attorney DATE: June 28, 2021 SUBJECT: Settlement of Liens for 1295 & 1355 5th Ave SW BACKGROUND. ATTORNEY On June .22,_.2021,..John:.and, ..Susan _:.Cannon,spoke 2t._the.-Indian_,River....County Board .of. County Commissioners (Board).meeting concerning liens on the property located at 129.5 &-1355 5th Ave SW. As of June 13, 2021, the liens on the property totaled $135,440. Because of the complicated nature of the water and paving liens, and the timing of the program for relinquishing penalties and interest on certain utility liens, the Board authorized the County Attorney's Office to see if a settlement could be reached on the matter. The County Attorney's Office met with staff who was able to negotiate a settlement amount. The Cannons have agreed to pay $60,000 in order to release all of the liens on the properties. If payment is received within ten business days of Board authorization, the liens will be released in the same manner as the release for other utility liens. FUNDING. The proceeds of $37,452.60 settlement amount will be deposited into the Utilities Fund and $22,547.40 into the Transportation Fund. The costs to record the release of liens will be paid out of the recording fees account in the Utilities Fund (47126536-034830). RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the settlement proposal and authorize . the chair to sign any and all documents necessary to effectuate the settlement agreement. C:IU ,,Ilegi,t,,4AppD,l l,IlTemp�BCLTechs.logiesle-yPDF81(BCL@3Cl1ADC3 &_ CLal@3C11ADC3.d.c 41 CONSENT: 7/6/2021 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: June 22, 2021 SUBJECT: Resolution Cancelling Taxes on Properties Purchased for Public Purpose: 66't' Avenue Right -of -Way A .resolution ;has'.been prepared .for the purpose of earmarking the public use of the properties and cancelling any delinquent, omitted or current taxes which may exist on the following properties purchased by Indian River County: Public Purpose: Right -of -Way Location/Description: 66th Avenue Purchased from: Ryall Development Group, LLC Instrument: Right -of -Way Deed Parcel IDs: 31-39-31-00.000-1000-00001.5; 31-39-32-00000-3 000-00008.0; 31-39-32-00000-3000-00010.0; & 31-39-32-00000-3000-00011.0 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the. Board of County Commissioners to execute the Resolution to cancel certain taxes upon the properties purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax 42 Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nw Attachments: Resolution cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 2 43 3120210040607 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3429 PG: 2095 Page 1 of 13 6/4120212:14 PM D DOCTAX PD $0.70 This instrument prepared by and return to: Bruce Barkett Collins Brown Barkett, Chartered 756 Beachland Boulevard Vero Beach, FL 32963 THIS RIGHT -OF -WAS' DEED, executed this-/— day of,2021, by Ryall Development Group, LLC, Grantor, whose mailing address is PO Box 1779 Vero each rL 329.614779, to. Indian River County, Florida, a political subdivision of the State of Florida, Grantee, whose address is 1801 271 Street, Vero Beach, FL 32960. WITNESSETH, that the Grantor, for and in consideration of the sum of One Dollar ($1.00), in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, and other good and valuable consideration, does hereby convey unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which Grantor has in and to the following described parcels of land, situate, lying and being in the County of Indian River, State of Florida, for right-of-way, to -wit: SEE EXHIBITS "A", "B", "C", "D", "E", and "F" ATTACHED HERETO AND MADE A PART HEREOF. IN WITNESS WHEREOF, Grantor has signed and sealed their presents the day and year first above written. STATE OF FLORIDA COUNTY OF INDIAN RIVER RYALL DEVELOPMENT GROUP, LLC A FLORIDA LIMITED LIABILITY COMPANY By: (— �• _ Print name: ,_.G'_�t� p�, Ll�i2 r Title: -M 4.s, The foregoing instr t nt was ac wledged before me by means of ✓ phy is�te r online notarization, this �4 ay c > 2021, by as �a'�i on behalf of Ryall evelopment Group, LLC, a Floridaility company, wIfo is personally known to me or who has produced. irlentificatinn. (Notary Seal) *0 Av, Notary" Bubt,c State of Fimida Sally Rogers a My Commission GG 101010 oc Expires 07/31/2021 ✓+ti VV Printed Name: "LZ14� Notary Public My Commission Expires: A U'A q acC1E . y 44 BY - WILUM,IK. t3�vr;f l_ DEPUTY ;iT�! iJrY .ri t r - N LATERAL 13E CANAL r n wmoi)• }.� E - _ _. �•;.. _ scum carnal R/;•; u,r� 7 '. S UNE TABLE I LENGTH I_BEARING o 25.00 N89 -55'39V L2 M N89'ss'39"W . GRAPHIC 5Gt1.6 19.00 S89'2T06'E d 81st STREET z r�.� f x� LIc=•vs h-- n vehlE1 ,a s. ACREEVENT � a SECTION 31 w j. GEND �iositon� a Z J 7 F C7 PROPERTY UNE�1238tNe ---- w f (REVI$sON._ 1. 2i 20'21 PARCEL fils cavtlfias that a fagal dos" trm 0-.4 skotd,, ar ot, Finarry aft" _ RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT h-- mode t+r4kr my airavr»atatr cnd Mot lt,Fshyct +fc riSptiar and tketdt moots VAN 0—dnds o. sot rdrtd by (Ad Fkxfdo Boort! o! Ptof—fwd txrMvo.Tt.Wpow n CAgdter 3;t-17, ti:rYdo OF" 25 3t353100000t00000001.5 043 1c29. PC 306 Lu z W �4. C.' -PARCEL 140 7,982 SQ. FT..� 0.18 ACRES M' o` z lwn n z U9 O O a ' w LINE UNE TABLE I LENGTH I_BEARING L7 25.00 N89 -55'39V L2 19.00 N89'ss'39"W . L3 19.00 S89'2T06'E 45 d 81st STREET z r�.� f vehlE1 ,a s. P.O.C. E 3a.COr.4Ef 14u, �f4 L r� a SECTION 31 r GEND �iositon� a SECTION LINEEASEMENT , rlfA syb L"bq�`w PROPERTY UNE�1238tNe ---- PROPOSED RIGHT OF WAY (REVI$sON._ 1. 2i 20'21 PARCEL fils cavtlfias that a fagal dos" trm 0-.4 skotd,, ar ot, Finarry aft" _ RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT h-- mode t+r4kr my airavr»atatr cnd Mot lt,Fshyct +fc riSptiar and tketdt moots VAN 0—dnds o. sot rdrtd by (Ad Fkxfdo Boort! o! Ptof—fwd txrMvo.Tt.Wpow n CAgdter 3;t-17, ti:rYdo �$ P.O.B. POINT OF BEGINNING R/W RIGHT OF WAY ydtt�� Coda owmant to Sootkn 472.027, t7aida 5totutex aid r ORB OFFICIAL RECORDS BOOK g to a bue and ac al, rap santoti- !honor to tha best of my knowtedga and "jot. SLbj,vf to note. and notations .howrr n z PG PAGE FOOT FLORIDA DEPARTMENT OF hob° TRANSPORTATION c�— s. SECT. SECTION EG DV&7ck Ass. Na 5179 t Net iv!rrf rn'/;vur tho r400fu-+ fd .&:a o Po•kto L7cenr_d 9—or jt cv>.±aa.ar 65ro. �ygy y�prn 0A7E _ LEGAL DESCRIPTION AND SKETCH OF �� R a at°i ,6i 1E�4Y8s8 U;nruncta%"wraaaSXcV'_ 5/30/17 PARCEL 140 1 OF2 _ "" em: i "" ° "d`�° '0Q ""a^° ''a°° vnw¢ m-na«w r °ROE�fiO INDIAN RIVER COUNTY, FLORIDA raw. w amrnnn_xcoacw 047035041 - 45 U All R OF WAY PARCEL ALL THAT CERTAIN PIECE; PARCEL OR TRACT OF LANG SITUATE, LYINO AND BEING A PORTION OF SECTION 31, 'M.4TISHIP 31 SOUTH, RANGE 39 EAST, INDIAN t[ RIVER C(IUN T';, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE EAST Y4 CORNER OF SAID SE011ON 31; THENCE, BEARING NORTH 00.32'54" EAST, ALONG THE EAST UNE OF SAID SECTION 31, A DISTANCE OF 150.00 FEET TO A POINT; THENCE, LEAVING SAID EAS T LINE, BEARING, NORTH 89'55'39' WEST, A DISTAN(-- OF 25.00 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE OF 66TH AVENUE AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCELEAVING SAID RIGHT OF WAY UNE; BEARING NORTH 89'55'39° WEST, A DISTANCE 0° 19;00 FEET TO A POINT; THENCE, BEARING NORTH 0032'54" EAST, A DISTANCE OF 420.18 FEET TO A POINT; THENCE, BEARING SOUTH 89'27 08" EAST, A DISTANCE OF 19.00 FEET TO A POINT ON THE EXISTING WEST RIC14T OF WAY OF 66th AVENUE; THENCE,. BEARING SOUTH 0032'54" WEST, ALONG SAID EXISTING RIGHT OF WAY UNE, A DISTANCE OF 420.02 FEET TO THE POINT OF BEGINNING. THE 'ABOVE DESCRIBED PREMISES. CONTAIN ;AN AREA'OF 7,_982 SQUARE—FEET--OR 0,18 -ACRES; MORE -OR "L'ESS: SUBJECT'TO A'LC'EASEMENTS,'COND;TIONS AND RESTRICTIONS AS.CONTAWED WITHIN THE CHAIN OF TITLE. a r SURMORS. NOTES 1) THIS IS A SKETCH OF LEGAL'DESCRIP11ON ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST UNE OF SECTION 31. SAID LINE BEARS NORTH 0032'54° EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES, 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT e OF WAY MAP FOR &STH.AVENUE PREPARED BY BUROETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. , ��:� eyvHor[1 LEGAL DESCRIPTION AND SKETCH OF e s/3o�i� PARCEL 140 2 OF 2 I. INDIAN RIVER COUNTY; FLORIDA nMte 04703504-1 46 P.0X4 N.W. CORNER SECTION 32 Iw I� la -� 25' I WABASSO ROAD— (C. R. 510) ' w 0 v n P CURVE TABLE v. L .1 z DELTA fi t' LENGTH C7 2139.00' i NOV 43' 21'W 169.51' WABASSO ROAD— (C. R. 510) ' w 0 v n 0 CURVE TABLE RIGHT OF WAY LINE x.s CURVE '# RADIUS DELTA CHORD BEARING i .C7 LENGTH C7 2139.00' i NOV 43' 21'W 169.51' •o v w 40.00' 061'1547" z rc 2iz 31393200000300000003.0 rI ORB 1929, PC 306 I 36' M to rn Z71 z `p m m xr m La-Z zm o c);a " a' N_ = C m LEGEND 0 :� SECTION UNE -55 — n 0 — — — EASEMENT UNE w 0 PROPERTY LINE r.� _ 0 PROPOSED RIGHT OF WAY 0 0 CURVE TABLE RIGHT OF WAY LINE x.s CURVE '# RADIUS DELTA CHORD BEARING CHORD LENGTH C7 2139.00' 004'32'30" NOV 43' 21'W 169.51' 169.56' ' C2 40.00' 061'1547" N26' 38' WE 40.76' 42.77' C3 148.00' 01.5'18'27" N49' 36' 57'E 39.42' 39.54 C4 60.00' 003'09'32 1 N43' 32' WE 4.41' '-1m �:Aa z rc 2iz 31393200000300000003.0 rI ORB 1929, PC 306 I 36' M to rn Z71 z `p m m xr m La-Z zm o c);a " a' N_ = C m LEGEND 0 :� SECTION UNE -55 — n 0 — — — EASEMENT UNE w 0 PROPERTY LINE r.� _ 0 PROPOSED RIGHT OF WAY 0 0 Thls -rdfl- Mot a ! O _ _ °w ss My F Om aONW_nd d tho of tthbhe pr°f_ snore h$ RIGHT OF WAY LINE x.s z z - 3 POINT OF BEGINNING I RIGHT OF WAY _r BOOK PC 0+ o PARCEL 139 W P: a 762 SQ. FT. hereon. TRANSPORTATION SECT, 0.94 ACRES z pfP O —1 1 E. W d / tl c Thls -rdfl- Mot a ! O _ _ °w ss My F Om aONW_nd d tho of tthbhe pr°f_ snore h$ RIGHT OF WAY LINE x.s Q P.0.8. POINT OF BEGINNING R RIGHT OF WAY '-ORS --OFFICIAL'-,RECORDS BOOK PC PAGE FP&L :FLORIDA POWER ,AND LIGHT p EASMENT FOOT FLORIDA DEPARTMENT OF hereon. TRANSPORTATION SECT, SECTION Alk. Jld 6179 r��'�1 pfP O —1 1 E. i m d nA7y Not wed wlthoul the slpnotvre d sed of o Rorhi Lk—sod Slrrreyor -d .t d*o - '-1m �:Aa ie� orn 0A1E LEGAL_ DESCRIPTION AND SKETCH OF ao,�„�". LICENSE j PARCEL 139 INDIAN RIVER COUNTY, FLORIDA 1 OF2 g AGREEMENT .t °"O iNQ' O4TOjjp41 M 01 F1 S6927'6161F 91.0.9 I I L M I P.O. S. I , 11189'31'43'W 44.00' N W 0 -E GRAPI-HC Sf's T E �e 5 PARCEL Thls -rdfl- Mot a ! O _ _ °w ss My F Om aONW_nd d tho of tthbhe pr°f_ snore h$ RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT P.0.8. POINT OF BEGINNING R/W RIGHT OF WAY '-ORS --OFFICIAL'-,RECORDS BOOK PC PAGE FP&L :FLORIDA POWER ,AND LIGHT ESMT. EASMENT FOOT FLORIDA DEPARTMENT OF hereon. TRANSPORTATION SECT, SECTION N W 0 -E GRAPI-HC Sf's T E �e 5 S2S';Sii Thls -rdfl- Mot a ! O _ _ °w ss My F Om aONW_nd d tho of tthbhe pr°f_ snore h$ �filt<�r ?}�sf sk^taS —.1. &,. Oondar* of pre U— sett forth by tlra Fll riddo 1J Board of P"Al-br d S —7— and dloppa b Qhoptw 5J-17. Ronda j ,s <•�• thin; ( Admiveba6. Code, parsuant to Section 477-027, Ronda Statutes, aN �h: that ibis 0—iny Is a 6°e aid —rut, reprasmlo0m thereof to the - best of my knoMedys aerd beref. Sebjeat to notes and nototiens shorn hereon. (rrQ•rV Alk. Jld 6179 r��'�1 pfP O —1 1 E. nA7y Not wed wlthoul the slpnotvre d sed of o Rorhi Lk—sod Slrrreyor -d .t d*o - '-1m �:Aa ie� orn 0A1E LEGAL_ DESCRIPTION AND SKETCH OF ao,�„�". 8 mom wt "E A6 90B �R3p1e that m-ml-iltle rA�C 1'lE-T.h�ife 7�On' PARCEL 139 INDIAN RIVER COUNTY, FLORIDA 1 OF2 Fetes " °"O iNQ' O4TOjjp41 47 I GH OF WAY PARCEL ALL THAT CERTAIN PIECE. PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SEC"ION 32, TOINFfYlll- 3'. SOUTH, RANGE 39 EAST, INDIAN RIVER CO;JNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DE5CWED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NORTHWEST CORNER OF SAID SECTION 32; 1 THENCE, BEARING SOUTH. 00'32'54" WEST, ALONG 1 -HE WEST LINE OF SAID SECTION 32. A DISTANCE OF 998.93 FEET TO A POINT; THENCE, LEAVING SAID VEST LINE, BEARING SOUTH 89'27'06" EAST, A DISTANCE OF 91.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: - ENCE, BEARING NORTH 0032'54" EAST. A DISTANCE OF 700.37 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2,139.00 rEE'Y, A CENTRAL ANGLE OF 04732'30", A CHORD BEARING OF NORTH Dt'43'21" WES1: A CHORD DISTANCE OF 169.51 FEET, THENCE NORTHERLY ALONG THE ARC: Of SAID CURVE, A DISTANCE OF 169.56 FEET; SAID POINT BEING IHE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY HAV114G A RADIUS OF 0,00 FEET, A CENTRAL ANGLE OF 6175'47", A CHORD BEARING OF NORTH 28'-'%'17" EAST, A CHORD DISTANCE OF 40.76 .FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 42.77 FEET TO A POINT; -SAID POINT BEING THE -BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING.A RADIUS OF 148.00 FEET, A, CENTRAL ANGLE OF 15 1'8'27", A'LHORO'BEARING OF NORTH 4936`57' "'EAST, A CHORD -DISTANCE "OF 39,42 FEET. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A A DISTANCE, OF 39.54 FEET TO A ,POINT; SAID. POINT BEING THE BEGIIMN JG OF A REVERSE CURVECONCAVE SOUTHEASTERLY HAViNt A RADIUS OF 8000 FEc € A CENTRA,L: ANGLE OF e 03'05'32 A C.H0110 BEAi"slNQ OF NORTH 4332'30 CAST, A CHORD DISTANCE OF 441 FEE: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVf.; A DISTANCE OF 4.41 FEET TO A.POIFiT,- THENCE, BEARING SOUTH 00'32'54" WEST, A DISTANCE OF 935.35 FEET TO A POINT; C, THENCE, BEARING :NORTH 8931'43" WEST, A DISTANCE OF 44.00 FEET TO THE 9 POINT OF BEGINNING. CONTAINING 444 762 sovARE FEET OR 0.94 ,ACrES, MORE OR LESS. SUBJECT TO ALL EASEME;41, CONDITIONS AND RESTRICTIONS AS CONTAINED 'WITHIN THE , CHAIN OF TT1LE, R t SLTRVEXORS NOTES 1) THIS IS A SKETCI4 OF LEGAL DESCRIPTION ONLY, NOT .A BOUNDARY x RETRACEMENT Wii 7EY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST UNE OF SECTION 37 SAID LINE BEARS NORTH 0032'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING 8 REPRODUCTION PROCESSES. p 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT s OF WAY MAP FOR 56TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 3 10-10-06, AS DIRECTED BY TNNAN RIVER 'COUNTY. FLORIDA. m ey)))Horn nTGnA LEGAL DESCRIPTION! AND SKETCH OF f�Ja. R• �n���� PARCEL 139 uYp6b W IN NM CIS 9N� m0, WY, OL,oI iL Caw 4R0.!—T kQ O� INDIAN RIVER COUNTY, FLORIDA .4 \i ^ U N a 25'— W— *))E W , 0 s 100, j 1 :D 0 z< c,zArxcs ALS 7> ► C W F Z J l �! rl m % •L M w 0.73 ACRES z 0 31393200000300000010.0 ORB 1929, PG 305 U 2 In 4 [7 (7 N vi ----�— < G' r a JQO z P.O. U_ ".. — � RIGHT OF WAY LINE __. Z..J _...... _ .. 81st STREET z ti SOU UNE O H F TF{E NORTHWEST Y, OF SECTION 32 _ P.O.C. COPMER SCCdiON 32 F UNE TABLE LINE 11 LENGiH BEARING k L? I 25.0U g69'27'06"E PARCEL 135 l I - ' 31,808 SQ. FT. N % •L M 0.73 ACRES z 0 31393200000300000010.0 ORB 1929, PG 305 r SECT104 LINE w •`_ EASEMENT LINEI�S`1' PROPERTY LINE vi ----�— PROPOSED RIGHT .OF WAY a JQO '� P.O. U_ ".. — � RIGHT OF WAY LINE t'1 Q r. 10 10.01' P,O.G. POINT OF F EM_NT and sketch moats thv rtdae' of prvatice - — by Me Aarlda S51I'S7`2¢-W NORTH CANAL, L7 o h 8 •.` R n. RIGHT OF WAY R/W UNE LATERAL 13E CANAL 81st STREET z ti SOU UNE O H F TF{E NORTHWEST Y, OF SECTION 32 _ P.O.C. COPMER SCCdiON 32 F UNE TABLE LINE 11 LENGiH BEARING k L? I 25.0U g69'27'06"E 49 g l % • LEGENA sn F 7, r SECT104 LINE w •`_ EASEMENT LINEI�S`1' PROPERTY LINE vi ----�— PROPOSED RIGHT .OF WAY F,EV13t0N 1%25 xC?1 PARCEL , ms cn•iif+v; 00 a lbg:t 80cuyt m and sketch of tha pt (y ".. — � RIGHT OF WAY LINE ner.on �=•+ ntdo ++dee:• m .y = a«ti+so, «w eho: this tater ans�sr� pv- P,O.G. POINT OF F EM_NT and sketch moats thv rtdae' of prvatice - — by Me Aarlda P.O.E. POINT OF BEGINNING BEGINNING of Frotcsod.M - 1 vnd M1hppws A Chapter 5✓ -77, FlcrMa 8 •.` R n. RIGHT OF WAY Aeahl cod., t t. s t. one (bat th. r ORB OFFICIAL RECORDS BOOK Mibac.. ..S..oat .. epr. d- —f tats drox/ng is a t+.+a area aaaoote ratxvaentob'm thm-.al to mo bort or my kaoxtodgv -a &diet, to not- and notations .shorn - PG PAGE I hirvan. a FDOT FLORIDA DEPARTMENT OF F / '� TRANSPORTAPON 1 '- �^� tz -. SECT. SECTION EC ( MEXR, a'MAA tt{* 5179 � N tt -9a rrI&mt tha sign r - d =vI o c Roida Li:eosad S—m)- end .H'4t ,, n.. E .EDiMa..T_ j�atgam® g vx. •w q esrn LEGAL DESCRIPTION AND SKETCH OF . RE .Tne/vPARCEL 136 1 OF 2 '� aEWt➢ Rr ECD o Nd NM SlA[C{, DMC 5q'AV aGW A SbL. AM%C Tn iW fluty YtY-'Na-W. PRQECT H0. � t INDIAN RIVER COUNTY, FLORIDA U4'IU.'f5(!.t 49 `1 r4 11 I 9 ti H SURVEYORS NOTES s 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION 32. SAID § LINE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWNG MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT fe OF WAY MAP FOR 66TH AVFNUE PREPARED BY BURDETTE AND ASSOCIATES, DATED �. 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. "` g gy LEGAL DESCRIPTION AND SKETCH OF 911 T 11118(" m°Y ot•9 e, i orp 7f7D/17 PARCEL136 �c 2 O F 2 ° ECD ""'°"°°�"t° °O C '0r INDIAN RIVER COUNTY, FLORIDA 50 1arCAL; C1E5CRI?11(aN ... _ _ ........ . _ .... .................. _........ ...... _..... RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, L" ING AND BEING A PORTION OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING WORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE '!LEST A CORNER OF SAID SECTION 32; THENCE, BEARING NORTH 003754" EAST, ALONG THE WEST LINE OF SAID SECTION 32. A DISTANCE OF 1,380.15 FEET TO A POINT: THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89'27'06" EAST. A DISTANCE OF 25.00 FEET TO THE EAST RIGHT OF WAY LINE OF 66th AVENUE AND THE POINT OF, BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 00'32'54" EAST, ALONG SAIL) RIGHT OF WAY UNE, A DISTANCE OF 289.66 FEET TO A POINT; THENCE, LEAVING SAID RIGHT OF WAY LINE, BEARING SOUTH 89'31'43' EAST, A DISTANCE OF 110,00 FEET TO A POINT; THENCE, BEARING SOUTH 00'3254" WEST, A DISTANCE OF 288.67 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF LATERAL 13 E:. CANAL; THENCE, BEARING SOUTH 89-57'24" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 110.01 FEET TO THE POINT OF BEGINNING. `".HE_'A80VE DESCRIBED 'PREMISES 'CONTAIN AN AREA .OF. 31,808 SQUARE FEET -OR 0:73" ACRES, MORE OR LESS.' SUBUECT-TO ATL-EASEMENTS,__'CONDITIONS-AND €. RESTRICTIONS AS .CONTAINED WITHIN THE CHAIN OF TITLE. 9 ti H SURVEYORS NOTES s 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION 32. SAID § LINE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWNG MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT fe OF WAY MAP FOR 66TH AVFNUE PREPARED BY BURDETTE AND ASSOCIATES, DATED �. 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. "` g gy LEGAL DESCRIPTION AND SKETCH OF 911 T 11118(" m°Y ot•9 e, i orp 7f7D/17 PARCEL136 �c 2 O F 2 ° ECD ""'°"°°�"t° °O C '0r INDIAN RIVER COUNTY, FLORIDA 50 I N r} W E -- a 0RA?WCSCALE z rrt � . o r O yj I wv ro 1. 1G' I LICENSE —I .. ... .. ...... .... .... .. .. .... .........!AGREEMENj:D T . ll.. Z ry W M r < iL i41 � zs' " N o W t� UZ "7 fE W W ,Q Z p J .�f V, W 1 LINE .TAflLE . � LINO LENGTH BEARING . I Ll 25.0 S0927'06'.E L1 � � n 6 i u5 9 Miq a.l :rti ll N O 81st STREET _— P.O.C. LATERAL 13E CANAL OF LATERAL 13E CANAL � � r LEGEND ' - SECTION LINE c — -- EASEMENT LINE PROPERTY LINE i -- PROPOSED RIGi?'r OF WAY 0 SOUTH LINE OF THE NORTHWEST X OF s Ecn 32evE��eeta; of S�:U i . KL`usiiOA M Thi—army. that a 1�gnt al7str(a?%eat llrrd xi°S iia[{q ?}), mown — — — G0 h— was mods ander my zvpaifvion end that lWf bgal d2,rfpUm g P.O.C. M °nd M010 moats the standards of practice sat lord, by the pRoddu P.O.B. lit M co { AdmiNstl0l. Code, puma -t to Section 472027. R.*;,Sotutos, and t5 RAW zm Not MIS mewing it a wa and -mrulorsi. autttatfon thereof to trio ORB G7 � "' 2 I Q n ry FOOT FLORIDA DEPARTMENT OF r _.. aT •. �� TRANSPORTAtiON Ea BGMo-EH, P. -%m.. Na 5i7s SECT. SECTION r u. PARCEL 135 4 71,358 SO. FT. uir<- 1 jt a"'l 7�to�17 1.64 ACRES s `E a eLR I 3i:39320000300000010.0 PARCEL 135 1 OF 2 ' N0INDIAN 047035D41 ORB 1929, PG 305 ,u7m' arx xm x ease m n %0 1 RIVER COUNTY, FLORIDA SIN 3 � rx c � 0 N I I � � r LEGEND ' - SECTION LINE c — -- EASEMENT LINE PROPERTY LINE i -- PROPOSED RIGi?'r OF WAY 0 SOUTH LINE OF THE NORTHWEST X OF s Ecn 32evE��eeta; of S�:U i . KL`usiiOA 51 PARCEL Thi—army. that a 1�gnt al7str(a?%eat llrrd xi°S iia[{q ?}), mown — — — RIGHT OF WAY LINE h— was mods ander my zvpaifvion end that lWf bgal d2,rfpUm g P.O.C. POINT OF COMMENCEMENT °nd M010 moats the standards of practice sat lord, by the pRoddu P.O.B. POINT OF BEGINNING Board of Profaxstmal Sarva or and Mapper in Lhopfar 5J—17, fhvtda { AdmiNstl0l. Code, puma -t to Section 472027. R.*;,Sotutos, and t5 RAW RIGHT OF WAY Not MIS mewing it a wa and -mrulorsi. autttatfon thereof to trio ORB OFFICIAL RECORDS BOOK best of my Mrododge and ballet Svbjbvt to notes and notation slows 2 PG PAGE I I h -- FOOT FLORIDA DEPARTMENT OF r _.. aT •. �� TRANSPORTAtiON Ea BGMo-EH, P. -%m.. Na 5i7s SECT. SECTION r BA TE- ENot Not-Rd wilhoat the slgrmivre and saol 01 a r74fda Uamsed SLrxyor 4 aad dr.Ml. , uir<- 1 jt a"'l 7�to�17 LEGAL DESCRIPTION AND SKETCH OF s `E a eLR I PARCEL 135 1 OF 2 ' N0INDIAN 047035D41 ce«mo ew ,u7m' arx xm x ease m n %0 1 RIVER COUNTY, FLORIDA 51 _. ... �G�wi_ T'E5S'RSPTION .. ... ................... ..... .. _..... ..... RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE. PARCEL OR TRACT OF LAND SITUATE. LYING AND BEING A PORTION OF SECTION 32, TOWNSHIP 31 SOUTH, RANG:.' 39 EAST. INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE, PARTICULARLY UESC2ISED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE WEST Y4 CORNER OF SAID SECTION 32; THENCE, BEARING NORTH 00'32'54" EAST, ALONG THE ',,'EST LINE OF SAID SECTION 32, A DISTANCE OF 632.00 FEET TO A POINT. THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89'27'05" EAST, A DISTANCE OF 25.00 FEET TO THE EAST RIGHT OF WAY LINE OF 56U AVENUE AND THE POINT OF BEGINNING OF THE: HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 00"3254" EAST ALONG SAID EAST RIGHT OF WAY LINE. A DISTANCE OF 648.14 FEET TO A POINT ON THE SOUTH LINE OF LATERAL 13E CANAL; THENCE, BEARING NORTH 89'57'24" EAST ALONG THE SOUTH LINE OF LATERAL 13E CANAL, A DISTANCE OF 110.01 FEET€ TO A POINT; THENCE, BEARING SOUTH 00'32'54" WEST, A DISTANCE OF 649.28 FEET TO A POINT; THENCE, BEARING NORTH 89'27`06' WEST, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. THE-ABOVE:DESGPiEiFD`PrcMISES"CONTAIT AWAREA.-cr"71;3516-SOWRE'FEET OR 1.64 ACRES, MORE «OR '_ESS. ,SLIWECT TO ALL EASEMENTS, CW401 TIONS .AND oRESTRi"CNS AS CONTAINED WITHIN 7HL C 1.04 OF TITLE. A x b I SURVEYORS NOTES 5 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A EOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST UNE OF SECTION 32. SAID LINE BEARS NORTH 00"32'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT a OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECinD BY INDIAN RIVER COUNTY, FLORIDA. N/41 erMo LEGAL DESCRIPTION AND SKETCH OF s wusce mAeam �ti�a�urrtnm.wPARCEL 135 2 OF 2 arervyvf m +a x s nRN miw-anaa 947035041 INDIAN RIVER COUNTY, FLORIDA 52 a s E d SOUTH UNE OF THE ::EXDHIBITN LICENSE AGREEMENT `ZO W-{ y*.,r E PARCEL 134 C 0 S Imo' 13,200 S0. Ff. O RAMC SC-1,LE a s E d r^ E. n 81st STREET - SOUTH UNE OF THE iu'' 25 LICENSE AGREEMENT `ZO PARCEL 134 13,200 S0. Ff. ur p1�7w 0.30 ACRES LiS89"27-OVE �fn vi t. rah uJ .� r r^ E. n 81st STREET - SOUTH UNE OF THE NORTHWEST Ya OF SECTION 32 P.C.C. _ W Y4 otER SECTION 32 Cisto c LIN£ TABLE UNE LENGTH BEARING e yah .sTa a LI 25.00 S89'2T06"E V I SECTION LINEEASEMFNT ,T'Jil LINE PROPERTY UNE 41 iSa9x4��a -�•.— PROPOSED RIGHT OF WAY FEKSION 1 I F;a/7.021 PARCEL fils cortifiu Gvt o logd dssa pt on and skst b of tho props Yy shown — — --- RIGHT OF WAY LINE heroan was made under my avcwMa'on and that Ws layaf dam-Iption p P,O.C. POINT OF COMMENCEMENT Board of prolvo i—1 J rm.K- and pp— ht Chapter 9d-17,tho f flwkfo P.O.B. POINT OF BEGINNING i Admin7strat.w Ledo, puraimrt to Sxelm 471.OY7, Flarrda Statues, and $ R%W RIGHT OF WAY that mm dmwhty Is a true and aceuhnto rep,esentctim thwoof to the i ORB OFFICIAL RECORDS BGOK cast of my knowtodoo and troltaE Subpci to notes wd notchs sh— a PG PAGE hews,. n MOT FLORIDA DEPARTMENT OF �' ) TRANSPORTATION SECT. SECTION EC. PEMETER, p•5N, NO, 5179 1 OAM $ I Not vud without fhc sfgnofura and acoi of u f7orida (kmscd Sarv,p- .., aid 8m • n - y TJrtt 1'=)Tt,f.. DATE St T hVNBEA asar� arc 11 # E' Ni l't� 7/ATE LEGAL DESCRIPTION AND SKETCH OF trruI tD=.s..as, w.w,..ca -- , PARCEL 134 1 OF 2 arra xu xT E He SrAF SfiT�i 9fQ ie0. vVu Re.Sai R mac PRIIIMT Na, g mamm rwrhoo—m m+mml. na,n,_ INDIAN RIVER COUNTY. FLORIDA 53 EXHIBIT �'l r i t LcG7+L DcSCoIP (3f2 _.. ... ..._....... ..... ....._.... RIGHT OF WP,Y PARCEL ALL THAI CERTp1N PIECE, PrtRCEI OR iR:ACT- OF LAhD SIiU'�.T' LYI;JG AND BEINGA PORTIT& O S� -Z"4 32, TO:�rNSHSP 31 SO)TH. <ZAh G 39 EAST, INDIAN RIVER COUNTY, rLORIDA; SAID LANDS B -5N.' MORE P^RTICUL PLY DES£R?BED AS FOLLOWS, TO WIT; 9 6 B N svxVriORS NOTtS ? 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURYtt 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION 32. SAID UNE BEARS NORTH 00'32'54" EAST. € 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING $- REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND.SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BUROET7E AND ASSOCIATES, DATED E 10-10•-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. s ^� o�1t'. aiEer tuuesx azm m - ey* or 7/70/17 LEGAL DESCRIPTION AND SKETCH OF c4nanl pyp t:larlvrair�.w.eacce� PARCEL 134 201`2 :' xaerur £L4 M.nsr XY aq .now n, o,mo PttQJGxi No. 10470350411 INDIAN RIVER COUNTY, FLORIDA 54 COMMENCING FOR REFERENCE AT' THE WEST Y. CORNER OF SAID SECTION 32; THENCE, BEAR!NC NORTH 0032'54" EAST, ALONG THE WEST LINE OF SAID SECTION 32, A DISTANCE OF 632,00 FEET TO A POINT: THENCE, LEAVING SAID WEST UNE, BEARING SOUTH 89'27'06" EAST, A DISTANCE OF 2,5.00 FEET TO A POINT ON THE EAST RIGHT OF WAY OF 66th AVENUE, BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, CONTINUE SOUTH 83"27'06" EAST, A DISTANCE OF 110.00 FEET TO A POINT; THENCE, BEARING SOUTH 0032'54" WEST, A DISTANCE OF 120.00 FEET TO A POINT; THENCE, SEARING NORTH 69"21'05" WEST. A DISTAINCE OF 110.00 FEET TO A POINT ON SAID RIGHT OF WAY UNE OF 66t` AVENUE. THENCE, BEARING NORTH 0032'54" EAST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 120= FEET TO THE POINT OF BEGINNING. tTHE ABOVE DESMSEDI PREMISES :CONTAIN AN AREA OF -13,2D0 .SDUARE FEET 9 '-OR -0.30 ACRES. MORE OR Lt35.-SVSZCT TO A(. EASEMENTS, CONDITIONS AND ,91 'RESTRICTIONS AS CONTAINED 3'ATHN THEE CHAIN ,OF TITLE. X E R X 9 6 B N svxVriORS NOTtS ? 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURYtt 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION 32. SAID UNE BEARS NORTH 00'32'54" EAST. € 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING $- REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND.SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BUROET7E AND ASSOCIATES, DATED E 10-10•-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. s ^� o�1t'. aiEer tuuesx azm m - ey* or 7/70/17 LEGAL DESCRIPTION AND SKETCH OF c4nanl pyp t:larlvrair�.w.eacce� PARCEL 134 201`2 :' xaerur £L4 M.nsr XY aq .now n, o,mo PttQJGxi No. 10470350411 INDIAN RIVER COUNTY, FLORIDA 54 \x C If 10' m� SE LICEN�—} AGREEMENT I I n I � n z � ` C. 2 o� > U; n� IzLLJ �! t�I � Co— rz?p ,1 E x �O 81St STREETI �� ca m " a P.C.C. W Yc CORNER Tgl't 32 N I °I— I l w; Z •x't I t V s; f n �. IL'1 �.� `-• - w . »? E 11393200000300000011.0 ORB 1929, PG 306 S. ..... _. -r ......... 0 100' 110.00' —I GRAPHIC SCALP 589'27'06"E $ K� RI iY1 SATE OF S?. PARCEL 133 FLORIDA - non �, "" 197,4111 SO. FT. lbk rvurvg vra low cf1:C'1ciF.�.rtY M 4.53 ACRES .o. dDYdnxko —if .sx r"cru hctRun --mach f (rat fh le.6ai tr 31393200000300000010.0 If, coadW My xil?aM µad: slerrrrrr s 'N;p µaL:li moats .dia aewldcrtFs hf ;arcctisa s6C fosfh: dy M. fhx:da f Prcfag.�lanli/ i ORB 1929, PG 306 w?ark^ Sutv�,}�r5 Gn tiS�'��' a LP�ivr�Y7,. to Saot,an, 47.2fi27-.A7avbaS:otUtssF7a�5n,� ¢xd $ P.O.C_ POINT OF COMMENCEMENT th.t this drmrdxq n ° true mrd' acdarata faFrm'entad- thdmof to'!he n P.O.B. POINT OF BEGINNING a a R/W RIGHT OF WAY I ORB OFFICIAL RECORDS BOOK do aaa. PG PAGE Yzi ofWxl 1 � F WPI 2 v0. I Sl.. b fid`• �� S89 43'39"E r. .s; w.I 1824:53' w ¢ 'J'F+'i KJYBCR 0� Nq, t ile o 1♦ o t Y 69Y } S00142'09'W 21.21' LEGAL DESCRIPTION AND SKETCH OF 8.39- 589 0®0'48'E 431.75' SOO'42:09"W 21.21' 2.32' SOUTH LINE OF THE Pnd.Ei1 X0. 0470350+1 NORTHWEST A OF INDIAN SECTION 32 EXISTING R/W PER ORB 1935, PAGE 1592 _ _ UNE TABLE ,�xati�;tttl,y.1 LINE .—I LENGTH I c7EARINQ Q.% OE FP'�IPIII [ :Ltu 2500 1 589'27'06«E ' iY1 SATE OF S?. _ NILEG I FLORIDA - non �, "" SECTION LINE --^' '�—• — EASEMENT LINE PROPERTY lbk rvurvg vra low cf1:C'1ciF.�.rtY LINE .o. dDYdnxko —if .sx r"cru hctRun --mach f (rat fh le.6ai tr PROPOSED RIGHT Cr WAY PARCEL If, coadW My xil?aM µad: slerrrrrr s 'N;p µaL:li moats .dia aewldcrtFs hf ;arcctisa s6C fosfh: dy M. fhx:da f Prcfag.�lanli/ i — — — RIGHT OF WAY UNE w?ark^ Sutv�,}�r5 Gn tiS�'��' a LP�ivr�Y7,. to Saot,an, 47.2fi27-.A7avbaS:otUtssF7a�5n,� ¢xd $ P.O.C_ POINT OF COMMENCEMENT th.t this drmrdxq n ° true mrd' acdarata faFrm'entad- thdmof to'!he P.O.B. POINT OF BEGINNING b -t of my 1=rd dyo and oeltef. Sutj-1 .o natos and notations �h m a R/W RIGHT OF WAY I ORB OFFICIAL RECORDS BOOK do aaa. PG PAGE err'-�`•a`: EG DENLIFR, P. S: MJ//. NO. M79 OA TF-' -P 1I Ndi solid rdth-t Use s{gnotura and sed df a F7Wda Urn d Smjy 'J'F+'i KJYBCR 0� Nq, t ile o 1♦ o t Y 69Y } �J31/31�,� LEGAL DESCRIPTION AND SKETCH OF ••• PARCEL 133 1 OF 2 Pnd.Ei1 X0. 0470350+1 i a¢vad w EW u ]m, mast. IImr aoa K:+d BWI l >mm aadN[: TZAR, -BIW f T1-A+-�r1a 1 aXrl7re'�IfNiPXI INDIAN RIVER COUNTY, FLORIDA 55 \,t r- it I SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL. DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY. IS THE WEST LINE OF SECTION 32. SAID LINE BEARS NORTH 00'32'54" EAST. 3) L -IE SCALE OF THIS DRAWING MAY HAVE REEK DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT s OF WAY MAP FOR 66T: AVENUE PREPARED BY SURDETT AND ASSOCIATES, DATED 1 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. J N DAM E pi ocy (� ey)�� 7J31�� LEGAL DESCRIFYFIdN AND SKETCH OF skit PARCEL 133 2 OF 2 1 Wttxm qr EIXI Wald r,�s, 9IIR hQ `Au 6xq rt #9fo Vft6— x0. E mcvr, m-n�-aiwvu mao.-a» ,s,,,-,K,,,� I INDIAN RIVER COUNTY, FLORIDA 56 1Elara'•L•' i0 _ .. _. RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO VAT; COMMENCING FOR REFERENCE AT THE WEST Y, CORNER OF SAID SECTION 32; THENCE, SEARING NORTH 00'32'54" EAST, ALONG THE WEST LINE OF SAID SECTION 32., A DISTANCE OF 512.00 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89'27'06" EAST, A DISTANCE OF 25.00 FEET TO A POINT ON THE EAST RIGHT OF WAY UNE OF 66ih AVENUE AND WE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, CONTINUE SOUTH 89"27'06" EAST, A DISTANCE OF 110.00 FEET TO A POINT; , THENCE. BEARING SOUTH 00'32'54" WEST, A DISTANCE OF 391.20 FEET TO A POINT: THENCE. BEARING SOUTH 39'09'02" EAST, A DISTANCE OF 51.66 FEET TO A PON T; THENCE, BEARING SOUTH 89'48`39" EAS:'. A DISTANCE OF 1824.53 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF TFiE SOUTHEAST 1/4 OF THE NORTHWEST .1/4 OF.SAID SECTION 32; r. THENCE, BEARING SOUTH 00'42;09" WEST, A DISTANCE OF 21.21 FEET TO A - POINT; THENCE, BEARING SOUTH 86-00'22" WEST, A DISTANCE Or 432.97 FEET TO A POINT; THENCE, BEARING SOUTH 89'00'48" EAST, A DISTANCE OF 431.75 FEET TO A POINT, ° THENCE. BEARING SOUTH 00'42'09" WEST, A DISTANCE OF 21.21 FEET TO A POINT ON THE SOUTH LINE OF ,THE NORTHWEST 1/4 OF SAID SECTON 32: THENCE, BEARING NORTH 69'48'39" WEST, ALONG SAID SOUTH LINE, A DISTANCE - OF 1967,32 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 66th AVENUE; THENGE. BEARING NORTH 0032'54" EAST, A DISTANCE OF 511.54 FEET TO THE R POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 197,411 SQUARF FEET OR 4.53 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. F� r I SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL. DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY. IS THE WEST LINE OF SECTION 32. SAID LINE BEARS NORTH 00'32'54" EAST. 3) L -IE SCALE OF THIS DRAWING MAY HAVE REEK DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT s OF WAY MAP FOR 66T: AVENUE PREPARED BY SURDETT AND ASSOCIATES, DATED 1 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. J N DAM E pi ocy (� ey)�� 7J31�� LEGAL DESCRIFYFIdN AND SKETCH OF skit PARCEL 133 2 OF 2 1 Wttxm qr EIXI Wald r,�s, 9IIR hQ `Au 6xq rt #9fo Vft6— x0. E mcvr, m-n�-aiwvu mao.-a» ,s,,,-,K,,,� I INDIAN RIVER COUNTY, FLORIDA 56 Purchased from Ryall Development Group, LLC Public purpose: 661h Avenue Right -of -Way Part of tax parcels: 31-39-31-00000-1000-00001.5; 31-39-32-00000-3000-00008.0; 31-39-32-00000-3000-00010.0;& 31-39-32-00000-3000-00011.0 RESOLUTION NO. 2021- A RESOLUTION OF' INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED ; LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by,the county or the state, upon lands heretofore or -hereafter :conveyed to :or :acquired .by any agency, :governmental subdivision, or municipality of the state, or the United 'States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 57 RESOLUTION NO. 2021 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Ryall Development Group, LLC, a Florida limited liability company, for 66th Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Right -of -Way Deed describing lands, recorded in O.R. Book 3429, Page 2095 of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and., upon being put to.a vote, _the 11 vote was as follows: Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of July, 2021. 2 58 RESOLUTION NO. 2021 - ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller M Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bv: Joseph E. Flescher, Chairman Tax Certificates Outstanding _ X Ybs. .—o. Current Prorated Tax Received and Deposited with Tax Collector $0.00 Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 3 59 Date: June 15, 2021 gH INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / HUMAN SERVICES To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Leigh Anne Uribe, Human Services Director Subject: Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 2021/22 Backaround On March 22, 2021, the Children's Services Advisory Committee (CSAC) released the Children's Services Request for Proposal (RFP) for FY 2021/22. In response to the RFP, the committee received 42-,proposais`from`�28 a,gencies.requesting $2,,&83.;34,0 in°grant1unding'. This amount -was $363,666 over the program budget allocation of $2,319;674 -for Children's Services in FY22. The CSAC Grant Review Subcommittee convened on June 10-12, 2021, to evaluate each proposal and determine, program funding allocations. The subcommittee selected 41 programs total to receive a funding allocation equal to the Children's Services FY22 program budget. On June 14, 2021, the Children's Services Advisory Committee approved the program funding for FY22 as recommended by the subcommittee. The total Children's Services budget for FY22 is $2,322,074 which includes the program funding recommendations and the annual cost for software to manage the program funding applications. Fundina On March 2, 2021, the Board of County Commissioners approved Fiscal Yea.r.2021/22 funding for Children's Services at the full 0.1250 millage cap of $2,322,074. Recommendation Staff respectfully requests that the Board of County Commissioners approve CSAC's program funding recommendations for FY22. Attachments CSAC Recommended Program Funding FY22 . Memo Children's Services Funding Allocation for Fiscal Year 2021/22 AGENDA ITEM FOR JULY 6,2021 60 CONSENT AGENDA BCC Meeting 07-06-2021 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / HUMAN SERVICES To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Leigh Anne Uribe, Human Services Director Subject: Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 2021/22 Backaround On March 22, 2021, the Children's Services Advisory Committee (CSAC) released the Children's Services Request for Proposal (RFP) for FY 2021/22. In response to the RFP, the committee received 42-,proposais`from`�28 a,gencies.requesting $2,,&83.;34,0 in°grant1unding'. This amount -was $363,666 over the program budget allocation of $2,319;674 -for Children's Services in FY22. The CSAC Grant Review Subcommittee convened on June 10-12, 2021, to evaluate each proposal and determine, program funding allocations. The subcommittee selected 41 programs total to receive a funding allocation equal to the Children's Services FY22 program budget. On June 14, 2021, the Children's Services Advisory Committee approved the program funding for FY22 as recommended by the subcommittee. The total Children's Services budget for FY22 is $2,322,074 which includes the program funding recommendations and the annual cost for software to manage the program funding applications. Fundina On March 2, 2021, the Board of County Commissioners approved Fiscal Yea.r.2021/22 funding for Children's Services at the full 0.1250 millage cap of $2,322,074. Recommendation Staff respectfully requests that the Board of County Commissioners approve CSAC's program funding recommendations for FY22. Attachments CSAC Recommended Program Funding FY22 . Memo Children's Services Funding Allocation for Fiscal Year 2021/22 AGENDA ITEM FOR JULY 6,2021 60 r N M Q fr M' 1 og aMMo c $ o e goo o a m n a N u1Di M o coo O S S os 00 O O o o8 N oo O lo to O O N O m O O O O N O ^+ .•� o o w N o c; w vi r; a vi o m v w N M N 10 N N N M N N ti N N N O n vi m Q .o d S S O S VOf S m 0 O S S S S S p Op N O O vt ul t0 ut "D c c O O O O O t0 N N O N n N N O V1 O m c c N O e -i w M Q N N N 10 N O N N N N N N N N tM/1 m vl V1 try O .O. to .,O N ..O ... O o . O -• O O O '. O, O o O m O M O m Yl - ' oo, O O O O O O O fr O O t` O Oi O N N '" o O 'Lq O - O n Q Q M O t` VI ID oo n W fel VI O o O N o IA t0 O N N M h N 'e-1 fA n. V1 H N n N N N 10 to N m m 0 O 0 0 O O 0 0 N O m o M O 0 o O O O N O m O o Vf O 0 0 m 0 0 0 N 0 0 0 0 0 O O O O O o O O C O O O M O M O O C C 0 O O 0 0 O O 0 0 O O 0 0 O S 0 S S O O N n Q p O N o O to 0 m O 0 0 M O 0 0 O In ui t` O ti VI f0 w m r -I N fo O O of w 0 N O 0 Vf O O ui O O ui O O O O VI O m M o 0 0 O O 0 IA u1 VI O O O O O O O O O O O ri m 0 t0 Vi 0 0 O f� N o of b M ¢ N N N N C N w S O O O O O O N O O O S O O O O O n O N- O S 0 0 m o 0 0 m O 0 0 o 0 0 0 0 0 0 0 0 0 pp S O O O 0 0 pp 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 S O S O p O S o M N O N Q Q d 000momooc N N O Q O fA O O O N f0 R ui H N e o O O fo o N 0 0000000 0 0 to 0 0 G0 0 N o o QD O o ooln00000000000�n v1 O O vi Vi 0 0 0 0 Is fel M J d m rI M M Yl N Q �o N O Q N N 1� N r, f0 to u) N m N N M Q O N Q N m to M O M f\ N N m m N m M o N N N m b N � O c � o c 3o o 0 O d d ate C > > E p C d E J V a y f0 g > o a` O o o`o °w' y E m u E y N = fn Toa •Z o A u N m n z o. _? d d y fn c v o V F c c li o l7 O A y v voi .o. J- O c w C m« e o c N H w '^ o m E c `o fY o, i _, To)Y •o N �^ d "'LL E jai H d J r ry m�„a` o �^ v c a w mL" d m c E c c T E v v U E c o j om o v E o r °' m of t >_ v o c n •q m a 2 J O t m n :, d oiS u c o rco �o y J ;c of c of O `„ n V u L ovinY n� oNm u91- �'a ¢ a: c5 �Ic iv`cw y as ov � 'E o J¢ y •W o o o n E d v E c y m '^ c a m v c v n c c> 3 y o «o c U LL w L HT E o amc `o o w u oo °o m y¢ c v A d O V¢ fO L VI V O W V H m 0 VI ¢ Vf m f] V d 2 to 2 LL¢ d¢ W V VI e d 7 K' J Y+ H in N x¢ J « d V N W V L C �+' o U o U y V W V K i O C O L u o V1 c 15 d > n o d o N_ E > O No V O d J J L N L Z VI Sl J O H O C J L U f0 -C W o! vl pp O . V N N U J O sr C E H 3 d Q L LO V V C L C C V y O¢ J C N u LL E o V c O d'- m o o •N E v i r° V 9 fn t m w C = E N '� fa u m F m T O L 'O N C j O .; d w w r u a n C m U d= m¢ w 0 r t d V O L O m L L o O O of L O O N V N U J T _m d O m m u u U v w w> LL 0 0 x x x J O d s fn vi an H > 3 r r N M Q CONSENT AGENDA Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: February 19, 2021 From: Kristin Daniels Director, Office of Management & Budget Subject: Children's Services Funding Allocation for Fiscal Year 2021/22 Description and Conditions Each year, the Board of County Commissioners approves a funding allocation for Children's Services. This amount is then allocated to the applicants based upon recommendations of the Children's Services Advisory Committee (CSAC). The County has historically changed the funding allocation based upon the previous fiscal year's taxroll change with exceptions during the economic downturn. On March 14, 2017, the Board approved a three-year phase-in of funding to reach the 0.1250 millage cap authorized for -the =program in FY 201-9/20. Based upon"the prior fiscal -year's taxroll, the -0.1250 millage cap for FY 2021/22 is $2,322,074 which is 1$116,162 or5.3% higher than last fiscal year. Recommendation Staff recommends that the Board of County Commissioners approve FY 2021/22 funding for Children's Services at the full 0.1250 millage cap of $2,322,074. Attachment Children's Services Funding History 62 Consent Item 1�r Indian River County, Florida Department of Utility Services Board Memorandum Date: June 25, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared by: Terry Southard, Operations Manager, Utility Services Subject: Final Pay Lawrence Lee Construction Services, Inc for North County Reverse Osmosis Water Treatment Plant Chemical Tanks Replacement Descriptions and Conditions: On August 18, 2020, the Board of County Commissioners (BCC) approved Bid #2020044 to Lawrence Lee Construction Services, Inc., (Lawrence Lee) for $389,000.00 to replace the caustic and acid tanks. The project has since been completed. Analysis.- Lawrence nalysis: Lawrence Lee has submitted Payment Request No. 7 for final pay and release of retainage of $19,450.00, and Kimley-Horn and Associates (KHA) has recommended approval of the final payment. To date, Lawrence Lee has been paid $369,550.00. Final payment, in the amount of $19,450.00, will complete the county's obligation to the contractor. Funding: Funds for the retainage is in the Utilities operating fund. Utilities operating funds are generated from water and sewer revenues. Description Account Number Amount N R/0 Acid Tank Repl — Retainage - Lawrence Lee Constr 471-206000-19537 $ 11,148.55 N R/O Caustic Tank — Retainage — Lawrence Lee Constr 471-206000-20532 $ 8,301.45 Total $ 19,450.00 Recommendation: Staff recommends that the Board of County Commissioners approve the final pay application in the amount of $19,450.00, which includes the release of retainage to Lawrence Lee Construction Services, Inc. Attachments: Final Pay Application F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda-Final Pay Lawrence Lee Construction Services NCRO CHemical T*3 Replacement v2.docx Kimley>»Horn Memorandum. To: Terry Southard—Indian River County Utilities Department From: Nick Black, P.E. Date:. June 4, 2021 Subject: Hobart RO WTP Bulk Chemical Tank Replacements Payment Request No. 7 'KH'A Project No. 044572049 Bid #2020044 This document presents Application for.Payment No. 7 from Lawrence.Lee Construction -Services, ,Inc. in the amount of $19,450 for -the period -through May 31,.2021. We have reviewed ther pay request and recommend payment of the attached invoice. This presents the final payment application for this project. 'I'ncluded in this pay application are the release of liens; power of attorney, consent of surety and record drawings. Spare parts are. at the Hobart WTr and the final punch Iist.has been completed as of Jtute 3; 2021. Should you have any questions please do.not hesitate to .contact me directly at 56I-421-2979. Attachments. 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S Nf - N Q y at H N N M N N N M ti N M Q H N M Q in, W 'rh VI H N rel Q Vt b. r` td N N I N 0 N H T 16 T LL 0 C) N N A 'L d cm G a 0 L 0 N O in W �'• 1" 1 I 1 1 1 , 1 i 1 it i 1 1 1 -I 1 1 l i l 1 1 1 1 I 1 1 1 1 no. « `n' x w K• K K to V1 to K K -%4 K K K K A^ 't4 K K K K K K 4^ N N K t/). K K N •L t 1 1 1 1 1 1 1 I 1 1 1 1 1 I i 1 1 1 1 1 / I 1 1 1 1 L s N oj a M r a M K K. V) K K K K K N K K K K Vf - K K K K Vf K K K K K t/? 1^ K K O w ba E Ln d K K•K K K K K.K K K K K K K K K K V) K K K to K K K K K K � � r L d a o: M N K K' K to K K K K K K Vi. K K K to K K K VA K in V/ V> K K K K K N . a c .S O cp m u. O v al `o N K K K V? K K N K K K K K V? K K K K N K K K K V? K K K K K 11 V o •a c t L i \ r L ii 1 .Q v �. cs o a - a E , m r O O C v' d Q r W CONSENT OF OWNER. ❑ SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR ❑ SURETY ❑ AIA DOCUMENT G707 OTHER PROJECT: Hobart R.O. Water Treatment Plant Chemical Tanks Replacement name, address) 7751 58th Ave. Vero Beach- FL 32967 TO (Owner): Indian River County Purchasing Division ARCHITECT'S PROJECT NO: 1800 27th St. Vero Beach, FL 32960 CONTRACT FOR: Construction BOND NO: 800097405 CONTRACT DATE:. August 18th, 2020 CONTRACTOR: Lawrence Lee Construction Services, Inc 50 N.E. Dixie HWY, Suite A-6. Stuart, FL 34994 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the here insert name and address of Surety Company Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, NIN 55441 , SURETY COMPANY, on bond Of here insert name and address of Contractor) Lawrence Lee Construction Services, Inc. 50 N.E. Dixie HWY, Suite A-6 Stuart, FL 34994 , CONTRACTOR, hereby approves of the final payment to the Contractors, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to here insert name and address of Owner) Indian River County Purchasing Division 1800 27th St. Vero Beach, FL 32960 ,OWNER, as set forth in the said Surety Company s bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 29th day of March , 2021 Attest: (Seal): Atlantic Specialty Insurance Comoan Suretv Comnanv ,•r`P�ZY INg�9,,•. rQ�V 00PPOR4pe h: SEAL ':m= Sign ure of Authorize Representative Y`. 1986 . oo Dor e L. Bracamonte, Attorney-tn-Fact &a. Florida Licensed Resident Agent Title Inquiries: (321) 800-6594 NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AIA DOCUMENT G707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1970 EDITION • AIAS ONE PAGE © 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 New York Ave., NW, WASHINGTON, D.C. 20006 68 intact INSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Jorge L. Bracamonte, each individually if there be more than one named, its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE. COMPANY has caused these presents to be signed by.an Authorized Officer and the.seal of the Company to be affixed this twenty-seventh day of April, 2020. 114 INS'I �9, ..•°�P r'aG GpPPOAgP, SEAL .•m 1.986 0 STATE OF MINNESOTA a �l�%�rW By Paul J. Brehm, Senior Vice President HENNEPIN COUNTY ''�rb ir r�•'••• Kara Barrow, Secretary On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly swom, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and.subscribed to the said instrument by the authority and at the direction of the Company. Elopq– – a iALISON DWAN NASN TROUT NOTARY PUBLIC - MINNESOTA My Commission Expires January 31, 2025 Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 29th day of March 2021 , jY „INS, °S�EALF9 m 1986 0 This Power of Attorney expires 'k I SFWya :' — January 31, Kara Barrow, Secretary 69 Please direct bond verifications to suretyyQa intactinsurance.com STATUTORY WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT (SECTION 713.20(5) FLORIDA STATUTES) The undersigned lienor, in consideration of the final payment in the amount of $19,450.00 hereby waives and releases its lien and right to claim a lien ,for labor, services or materials furnished to Indian River County Utilities on the job of the Hobart RO WTP —Bulk Chemical Tank Replacements Project to the following described property: Job Owner: Indian River County Utilities Job Name: Hobart RO WTP — Bulk Chemical Tank Replacements Project Job Address: 7751 58th Ave, Vero Beach, FL 32967 Date: J V 111i F— , 2021. Lienor'sName: Le\wt2sr�iGE: LIEF= C0„4ST(ZvcT.0114 104. Address: 000 SE Ltgco�N ASE. Signature: Name & Title: STA iLT r FI_ -34-1-1,A ��F,oF�ry l;. Sca�D J. .%`GO�S?RUCK/ L'J: S.E . d' 2017 •� ...i' • ... EZF•SIpENT Notary: State of Fua %DN County of 0 Aar"s Notary Public state of FloBda Subscribed and sworn to before me this day of wit �O Z +� Mark Richard Stahl My Commission GG 319841 a ry Expires 04r04/2o23 Signature: Date: Ob off 2021 Expires:. off o i Zoz NOTE. This is a statutory form prescribed by Section 713.20, Florida Statutes. A person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. 70 v z O er U-- U p v a Z Y a o r rxIMIN ; �- Z LU F O ZJW0 LL p v o5(.) c O ui � m o w U CL Ja0�Q U)Ocr- ZOf z O F- Q W a Q al z Lu z {��. t1 Y `a c Z Z O m O y1- F W u rn In O X uc i n a a a < Q -r o O.- ZjjOOp F LXU O �,V: n' v a _ T .w U U » t ti U yr U m n V u m V m_ U 7 U-- U p v Z W Qz rxIMIN ; �- a.UW�~Q LU O O ZJW0 LL N o5(.) 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I C3 Z _J LU zQ �. _ l i -•R4o U m Z 9c;i b 1 51,1 m .0 Q H i s p c gC U D d Z 4U_ Uzi aWal ke�r�: 3,,�J a�� nen "Q a ■ 4 a aka gz 234, 2'G kf Z U W oot— _• < 7 it'd r_ a= �. s cr E 11 uax g a` iw-&" 'gg4 < f ig t'��' g d .m z 8 i g3 yy s LL J �.F i€ a 01 o y$e s a o„ 3 Q i R a .. a:SgiI��n,��J ire 4G'�^S a O. e H ca X38 a µ�v g.S}3 L8 N d 7 y .s J4Y3i5� f R' B y�,i� SEri� SSS 3 i < o m SIM i z� g v ui > U _off§tI �i J CL %�E rn jtt w i z #d`rb o$g 8 gg 1 da r AS fF �o.ur u,wpm,�ae��...Evia+�wW�n,�.�.-swue..c�r....1.�waF: o. ,:� �a .�.w.�+io +.ua �,d+.�a. ,,,,..c•rcc...,..,.a.•.w.z-..u.a .n•a-...v �•.+v.. ....r.r• �•«w,... H 00 Consent it/e�m- OV Indian River County, Florida Department of Utility Services Board Memorandum Date: June 23, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE; Director of Utility Services. Prepared By: John M. Boyer, PE, Utilities Engineer Subject: Amendment 2 to Work Order No. 7 Masteller & Moler, Inc., 8th Street Utility Relocation - FDOT Project 437717-1 . Background: The Florida Department of Transportation (FDOT) is in the design phase of the replacement of the 81h Street (CR 612) Bridge at 741h Avenue. The project will impact an existing Indian River County Department of Utility Services (IRCDUS) sewer utility along the 8th Street right-of-way. The Board of County Commissioners (BCC) approved Masteller & Moler, Inc. (MM) to prepare a utility relocation design on November 5, 2019. In the performance of their scope of work, MM determined that additional permitting would be required in order to relocate the sewer utility, which was approved by the BCC as Amendment 1 on March 3, 2020. After reviewing FDOT's final plans for the project, IRCDUS staff decided to relocate a segment of the existing 8" water main. See Amendment 2 to Work Order 7, attached. Analysis: On May 18, 2021, the BCC approved the renewal and Amendment No. 1 to the Continuing Contract Agreement for Professional Services with MM. In accordance with that agreement, MM will. provide additional professional services under Amendment 2 to Work Order 7. Funding: Funds for Amendment 2 in the amount of $19,780.00 are derived from Utilities operating capital funds. The Utilities operating fund budget is derived from water and sewer revenues. Description Account Number Amount W07-8 th Street Utility Relocations 471-169000-20502 $ 53,540.00 Amendment 11_ 8th Street Utility Relocations 471-169000-20502 $ 5,320.00 Amendment 2 — 8th Street Utility Relocations 471-169000-20502 $19,780.00 Total: $78,640.00 F:\Utilities\UTILITY - Engineering\Projects - FDOT\437717-1 CR612 Bridge 884024\Admin\Work Order\21-0623 Addendum 2\BCC Agenda It MM W07 Add 2.docx Addendum 1 to Work Order No. 7 for Masteller & Moler, Inc. 81h Street 24" Force Main Relocation FDOT Project 437717-1 Recommendation: Staff recommends the Board of County Commissioners approve Amendment 2 to Work Order No. 7 with Masteller & Moler, Inc. for a lump sum amount of $19,780.00, and authorize the Chair to execute the Amendment after review and approval from the County Attorney. Attachments: 1. Amendment 2 to Work Order No. 7: Masteller & Moler, Inc. 83 Page 2 of 2 N O N M N (O P- O z It LU 0 O Y 3 O I -- CM O z z LU g Q z O F- M m w w LL a J H m 2 X w M O z Q w Q H w N z O Q U J IL CL a 0 0 Z O- W U W �a w H N otS w w Z U Qo � m Z N wz w0 Q w U m ti W U W LU F N Z z co cg zIL z 00 Q ~ U z Q � lz z H O Q U LL O 60 LL O O F - z Q W a w w w � L) a J cla H w Z z w p w U Z D a �zC7 Z � O � Q W Q 0 Z R w 0 0 0 co N ttn r- W to r a- 69 E9 V3 E 4) a C N rn y Z U c U) S c S a� 0 W U)H F a o w w LL_ (D E E O o- 0 cic aNi c`o v m � c U O G C7 N o 0 0 N 0 V N co co <6 1 (D 00 H ER 09 69 0 0 0 0 o 0 ci > 0 t`o O( E O N CO r- 'c a • (A (A 643 Eq QN W O Go I N S O 0 O 0 o c o o ` N " .- 0 0 0 V 0 v C E tCL o v U W o 4) 0 0 0 0 a> 0 0 0 0 c ori c o 0 0 W -o G (C LQ E u) .r o as Q c O .N 6a 6R (» (fl N N N M co O O a.w= CD O O O O j CD N d 0) ((O O E h h t0 <0 cl Q -E9 6H EA 'C CL N 0 w o CO x c O o 0 C O L O N U Q U O oa G C O C O 0 N f6 .(0 _ N 'E N v C 0. N C Q f6 c d o wn.a a.a 0 0 0 co N ttn r- W to r a- 69 E9 V3 E 4) a C N rn y Z U c U) S c S a� 0 W U)H F Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: June 29, 2021 To: BOARD OF COUNTY COMMISSIONERS Through: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management & Budget From: Vincent Burke, PE, Director of Utility Services Prepared By: Jennifer Hyde, Purchasing Manager Subject: Update to South County Reverse Osmosis Water Treatment Plant Bid Award Background: On June 15, 2021, the Board of County Commissioners (BCC) awarded Bid #2021026 to TLC Diversified, Inc., (TLC) for improvements to the South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) in the amount of $10,498,777.00. The -BCC also -authorized the addition of necessary federal clauses to the sample agreement to facilitate eligibility for the $6 million American Rescue Plan (ARP) Act funding earmarked for the work. The Notice of Award was made to TLC at the amount bid, but with the request to indicate whether the addition of federal clauses would incur additional expense not anticipated in the bid. The incorporation of the Davis -Bacon Act in the agreement requires an increase in the wages for the labor categories of electrician, operator (backhoe/excavator/track hoe), operator (crane), ironworker (structural) and plumber/pipefitter, in accordance with the prevailing wage determination. A breakout of the impacted labor categories, the rate as bid, prevailing wage and number of hours anticipated is available in the Purchasing Division. The total increase reflected in this breakout is $166,738.65, which the Indian River County Department of Utility Services (IRCDUS) and Engineer of Record, Kimley-Horn and Associates (KHA), have both determined to be appropriate. The addition of the cost for compliance with federal terms brings the total cost of the work to $10,665,515.65, which is below the engineer's opinion of probable cost. The next low bid for the work (without including any additional expenses for compliance with Davis -Bacon and the other federal clauses) was $10,683,000.00. Funding: Funds for the additional $166,738.65 are derived from the SCRO Membrane & Retrofit account in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. 85 Consent Item Account Name Account Number Amount S R/0 Membrane & Retrofit FY 21-22 47121936-044699-19503 $83,369.33 S R/O Membrane & Retrofit FY 22-23 47121936-044699-19503 $83,369.32 Recommendation: Staff recommends the Board of County Commissioners modify the award of Bid 2021026 to TLC Diversified, Inc., adding $166,738.65 to bring the total bid award to $10,665,515.65, approve the updated sample agreement, and authorize the Chairman to execute the agreement after receipt and approval of the required public construction bond and insurance, and after approval by the County Attorney as to form and legal sufficiency. Attachment: Sample Agreement M SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE South Oslo Road WTP Improvements THIS AGREEMENT ("Agreement" or "Contract"), dated the day of in the year 2021 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and .(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents'and per Indian County Department of Utility Services (IRCDUS) standards. The work is generally described as follows: Furnish all labor and materials necessary to construct the improvements to the existing South Oslo Road Water Treatment Plant in Indian River County, Florida, including the following but not limited to the work listed herein: site preparation, demolition, drainage improvements, paving, grading, miscellaneous yard and process piping improvements, feedwater pump motor replacement, transfer pump motor replacement, four (4) 1.875 mgd nanofiltration trains, two (2) new high service pumps, chemical piping replacement, electrical equipment, instrumentation,; valves, piping, WTP and wellfield PLC & SCADA system ..equipment, :process .piping ,:trenches, painting and coatings; ;and all accessory items to provide a complete operating system as depicted in these documents. Additive alternates may or may not be included in whole or individually and is at the Owners full discretion. ' ARTICLE 2 ENGINEER The South Oslo Road WTP Improvements project has been designed by Kimley-Horn and Associates, Inc. hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 60 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: ' ,1. Obtain all necessary permits. 2. Submit shop drawings for all materials and equipment to be utilized on the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials and prepare the site. 7. Notify all utilities and other affected parties prior to initiating construction. 00530-1 87 (b) From 61 calendar days to 760 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Furnish/Install/Construct all civil, mechanical, structural, plumbing, electrical equipment, instrumentation, and appurtenant items. 2. Successfully complete all equipment start-ups and field testing in accordance with the technical specifications. 3. Successfully complete all water quality sampling and testing in accordance with the technical specifications. 4. Coordinate with ENGINEER to obtain required regulatory clearances to place new equipment into operation. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. CONTRACTOR is herein notified that Substantial Completion requires beneficial use of all improvements including new and rehabilitated equipment. (c) From 760 calendar days to 820 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 4. Demobilize. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER seven -hundred and fifty dollars ($750.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by !OWNER, CONTRACTOR shall pay OWNER seven - hundred and fifty dollars ($750.00) for each day that expires after the time specified in Paragraphs 3.1 and 3.2 for completion and readiness for final payment. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the,above-stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed `as provided in this AGREEMENT. 00530-2 RE 3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER all expenses related to third party consultants in administering; the Project beyond the Final Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $10,659,102.00. ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. ; 5.1 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 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. 5.2 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. 5.3 Paragraphs 5.1 and 5.2 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. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commissiom approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. 00530-3 89 ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.7 Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 00530-4 90 ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530) 8.2 General Conditions (Section 00700). 8.3 Supplementary Conditions (Section 00800). 8.4 Department of Labor General Decision Number: FL20210209 05/28/2021 8.5 Notice to Proceed (Sample Provided iri Section 00800) 8.6 Public Construction Bond (Section 00600) 8.7 Certificate(s) of Liability Insurance (Section 00620) 8.8 Contractor's Application for Payment (Sample Provided in Section 00800) 8.9 Certificate of Substantial Completion (Sample Provided in Section 00800) 8.10 Final Release of Lien (Sample Provided in Section 00800) 8.11 Technical Specifications bearing the title "South Oslo Road WTP Improvements" 8.12 Drawings Titled "South Oslo Road WTP Improvements" 8.13 Addenda numbers 1 to 4, inclusive. 8.14 CONTRACTOR'S Bid (Section 00310)., 8.15 Bid Bond (Section 00410) 8.16 Schedule of Subcontractors (Section 00431). 8.17 Certification Regarding Prohibition Against Contracting with Scrutinized Companies (Section 00432). 8.18 Disclosure of Relationships (Section 00452). 8.19 Sworn Statement under the Florida Trench Safety Act (Section 00454). 8.20 General Information Required of Bidders (Section 00456). 8.21 Certification Regarding Lobbying 8.22 The following, which may be delivered 'or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions (Samples provided in Section 00800). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions, as supplemented by the Supplementary Conditions, will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. ; 00530-5 91 9.3 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 of all covenants, agreements and obligations contained in the Contract Documents. ' 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 The CONTRACTOR shall indemnify and hold harmless the County, and its 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 misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. 9.7 Pledge of Credit. The CONTRACTOR'shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. - Counterparts. This Agreement may be'executed in one or more counterparts, but all such counterparts, when -duly executed, -shall constitute one and the same • Agreement. 9.9. Public Records. 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: A. Keep and maintain public records required by the County to perform the service. B. 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. 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 for the duration of the contract term'and following completion of the contract if the contractor does not transfer the records to the County. D. 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. 00530-6 92 E. 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 pu blicrecords(a-ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 F. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 —FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color,. religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be. provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be 00530-7 93 imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,.subject.to the provisions of paragraph (a)(1)(iv) of this _section;.also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. 00530-8 94 (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit'or'an hourly cash .equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the OWNER may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of,the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such 00530-9 M records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Emergency Management Agency (FEMA) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to FEMA. The payrolls submitted shall set out accurately and completely all of the, information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at .http://www.dol.gov/.esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to FEMA if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to FEMA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 00530-10 96 (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees—(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program; who -is -not individually registered in the,program, but who.has.been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually 00530-11 97 registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR :part -3, which are, incorporated,by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). 00530-12 (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. C. Compliance with the Copeland "Anti -Kickback" Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. D. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) .Ujolabon.; liability for unpaid wages; liquidated damages..1n,;the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same ,prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. E. Rights to Inventions Made Under a Contract or Agreement. [Not Applicable) See Appendix II of Part 200, if needed. 00530-13 99 F. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. G. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in partwith Federal assistance provided by FEMA. H. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at.2-C.F.R. § 18.0.940).ordisqualified (defined at C.F.R. § 180.935). (2) The contractor must comply', with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. I. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress., officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who iin turn will forward the certification(s) to the awarding agency. Procurement of Recycled/Recovered Materials: 00530-14 100 (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline- cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. K. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and trariscriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance withthe Disaster Recovery Act of.2018, .the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. L. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of ;DHS agency officials without specific FEMA pre - approval. M. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that federal financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and federal policies, procedures, and directives. N. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. O. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. Q. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. 00530-15 101 (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. R. Domestic Preference for Procurement: In accordance with 2 CFR 200.322, Owner has a preference for the purchase, acquisition or use of goods, products or materials produced in the United States (including, but not limited to iron, aluminum, steel, cement and other manufactured products), to the maximum extent practicable. [The remainder of this page left blank intentionally] 00530-16 102 i i This Agreement will be effective on June 15, 2021 (the date the Contract is approved by the Indian River County Board of County Commissioners; which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman By: ' Jason E. Brown, County Administrator; APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Clerk of Court and Comptroller, (SEAL) Designated Representative: Name: Terry Southard Title: Utility Operations Manager Contact Info: (772) 226-3404 terrysouthard@ircgov.com i i i 00530-17 CONTRACTOR: 0 (Contractor) (CORPORATE SEAL) Attest Address for giving notices: :,License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 103 INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Phillip J. Matson, AICP Community Development Director FROM: Andrew Sobczak Chief, Environmental Planning & Code Enforcement DATE: 6/22/2021 RE: Request for Authorization to Abate a Public Nuisance Located at 1262 15th Avenue It is requested that the Board of County Commissioners formally considerthe following information at the Board's regular meeting of July 6, 2021. DESCRIPTION AND CONDITIONS Michael and Kelly Palmer own a residential property located at 1262 15th Avenue in Indian River County. On 3/4/2020, county code enforcement staff received a complaint regarding an accumulation of junk, trash, and debris, and vehicle storage at the property. Following an inspection of the property, staff sent a Notice of Code Violation to Michael and Kelly Palmer regarding violations including junk, trash, and debris, storage of commercial vehicles, storage of junk vehicles, vehicle, boat, and trailer storage, and a zoning district use violation. On September 28, 2020, code enforcement staff presented these violations to the Code Enforcement Board at an evidentiary hearing. The Board supported staff's finding of multiple violations and entered an Order Finding Violation, granting approximately 60 -days for the violations to be resolved. After approximately 60 -days had passed, on November 23, 2020, the Code Enforcement Board held a compliance hearing. At that hearing, the Board found that no progress had been made towards resolving the violations, and a $100.00 per -day fine beginning on November 21, 2020, and continuing until the violations are resolved was imposed. Following the start of the daily fine, staff continued to receive numerous citizen complaints regarding the condition of the property. By May of 2021, while the Board's daily fine had accrued to a sum of approximately $18,000.00, staff had also documented a significant escalation in the degree of the violations. As such, on May 24, 2021, the Code Enforcement Board heard the case again at a compliance hearing and determined that the violations constitute a public nuisance warranting county abatement. 104 ANALYSIS In January 2008, the Board of County Commissioners adopted revisions to the County Public Nuisance Ordinance. Under the ordinance (County Code Section 973.04), the Code Enforcement Board can make a determination that a code violation constitutes a public nuisance (posing a serious threat to public health, safety and welfare or is irreparable or irreversible in nature). Following this determination, the Code Enforcement Board directs staff to notify the Board of County Commissioners, which no sooner than 30 days after the compliance hearing, may direct the county administrator (or his/her designee) to abate the nuisance, with costs of the abatement to be recorded as a lien against the property. At the May 24, 2021, compliance hearing, the Code Enforcement Board found that the code violations at the Palmer property constitute a public nuisance posing a serious threat to public health and safety. The Code Board entered an order ("...Determining Public Nuisance Warranting County Abatement") directing County Staff to request that the Board of County Commissioners consider authorizing the county administrator to take action to abate the public nuisance. ALTERNATIVES The Board of County Commissioners has several alternatives to consider in this matter. These alternatives are: 1. Take no action. This alternative would result in daily fines continuing to accrue at $100 per day in the form of a lien against the real and personal property of Michael and Kelly Palmer, until the violations are resolved. This alternative would not alleviate any potential hazards resulting from the code violations onsite. 2. Direct staff to seek a court order to enter onto the subject property and resolve the code violations by removing the materials stored onsite. This alternative would alleviate the potential hazards, but would result in county expense that would be recorded as lien against the property that may or may not be recovered by the county in the foreseeable future. As part of Alternative 2, the County Attorney's Office would also seek an injunction preventing Michael and Kelly Palmer from accumulating materials onsite in the future. RECOMMENDATION Staff recommends Alternative 2, that the Board of County Commissioners direct staff to seek a court order to allow staff access to the subject property to abate the nuisance, authorizing the county's employees, servants, agents or contractors to enter upon the Palmer property located at 1262 15th Avenue at all reasonable times, and take whatever action is necessary to abate the nuisance described in this report, with costs of the abatement to be recorded as a lien against the subject property. FUNDING Funding for the expenditure (estimated at $10,000) will be made available in MSTU/Road & Bridge/Other Contractual Services, Account# 00421441-033490 through a budget amendment from MSTU/Reserve for Contingency. ATTACHMENTS 1. Photos of the subject property. 2. Code Enforcement Board Order Determining Public Nuisance Warranting County Abatement. 3. County Code Chapter 973. 4. Minutes from the May 24, 2021 Code Enforcement Board meeting 105 ��� � tet• '� . / 1 � I ��� d:l q + 1 �, ~^ li . '� .i �. .t► ``f f S ��• .� /� � r / f � / �� � r � "t / U .Til �' � t t � � ` i _ 1 til � �/.• ♦ ''i ''.�, ' ,.� 11 � � • ".>� eke If NJ Alir It, 4 — a aopn r TA �•_ r 1 y Lf t � k., .art. :_►�'•. of fw fw •, 4# �t\~'� ... /► ,t± I 111111 �.. I •/ '� _ - �.. a �#`� - 3 3120210046317 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3437 PG: 1819, 6/25/20213:36 PM CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA IN THE MATTER OF: CEB Case No. 2020030013 PALMER, MICHAEL S and KELLY L 1262 15TH AVE VERO BEACH, FL 32960 , Respondents DETERMINATION OF PUBLIC NUISANCE WARRANTING COUNTY ABATEMENT THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on September:28, 2020, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondent(s) to take corrective action by a certain time, as more specifically set forth in that order. On May 24, 2021, this Board conducted a hearing to determine whether the Board's order of September. 28, 2020, had been complied with, and also to determine whether or not the violation(s) present a serious threat to public health, safety and welfare, and/or if the violations are irreparable or irreversible in nature, thus warranting abatement by Indian River County in accordance with Section 973.04 of the County Public Nuisance Ordinance. Respondent was provided proper notice of the meeting, and was in attendance for the hearing. Based on the evidence and testimony presented atthe_hearing, this Board finds that the required corrective action has not been taken as ordered, and that there does in fact exist junk vehicles, junk, trash & debris, vehicle parking/storage violations (residential), commerical vehicle storage violations, and a zoning district use violation in the RS -6 Zoning District to the extent that they constitute a public nuisance posing a serious threat to public health, safety and welfare, and use of the property in violation of Section(s) 973.03(2), 911.15(4)B, 912.17(3), 912.17(1), .04(2)(C), of the Code of Laws and Ordinances of Indian River County. In accordance with County Code Section 973.04, Abatement of Nuisance, THE CODE ENFORCEMENT BOARD HEREBY DIRECTS countystaff to notify the Indian River County Board of County Commissioners and to advise the Commission to consider abatement of the public nuisances) on the subject property by authorizing the county's employees, servants, agents or contractors to enter upon the property at all reasonable times and take whatever action is necessary to abate the public nuisance(s), no sooner than 30 days after the date of the May 24, 2021 Code Enforcement Board hearing. Subject property description: Location: 1262 15TH AV VERO BEACH Tax Parcel ID No. 33-39-11-00000-1000-00008.0 Legal Description: BEG AT SE COR OF SW 1/4 OF SE 1/4 OF NE 1/4; RUN W 160 FT; N 481.78 FT FOR POB; N 180 FT; W 195.92 FT; S 180 FT;,E 195.92 FT TO POB AS OR BK 109 PP 5 Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. 108 BK: 3437 PG: 1820 DONE AND ORDERED MAY 24, 2021 at Vero Beach, Indian River County, Florida, in accordance with a ruling made .by this Board in open session on said date; nunc pro. tunc. EXECUTED by the Chairman of the Indian River CounjjCode Enforcergent Board, and attested and countersigned by the Recording Secretary of such Board this --I day of 2021. ATTEST: Vanessa Desnoyers Recording Secretary CODE ENFORCEMENT BOARD OF INDIA RIVER CO` 'TY, FLORID- y :`''r• 1 'ra By; ]IsPetru ak, ChairmanI. River County Code E4'dicemeRt Obaz V CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Order%an id d to the above-named Respondent(s) by first class U.S. Mail addressed to the above-specified addresses thisay of _2021. Desnoyers, Recording Secretary REVIEWED AS TO LEGAL FORM: CEB Case No. 2020030013 Code Officer: VANESSA CARTER SOLOMON 109 6/28/2021 CHAPTER 973. - PUBLIC NUISANCE Indian River County, FL Code of Ordinances Sec. 973.01. Short title and ' purpose. Sec. 973.02. Definitions referenced. Sec. 973.03. 4 Restrictions. i Sec. 973.04. Abatement of nuisance. Sec. 973.05. Reserved. Sec. 973.06. Assessment for t abatement of nuisance. Footnotes: I Editor's note— Ord. No. 2008-003, § 1, adopted January 8, 2008, amended Ch. 973, in its entirety, to read as herein set out. Prior I to inclusion of said ordinance, Ch. 973 pertained to similar subject matter. See also the Table of Amendments. I , Section 973.01. - Short title and purpose. This chapter shall be known and.may be cited as the "Indian River County Public Nuisance Ordinance." For the purpose of promoting the health, safety acid general welfare of the community, the Board of County Commissioners of Indian River County finds it necessary that lands in the unincorporated areas of Indian River County be cleared of any noxious substance or material which might tend to be a fire hazard or other health hazard, or which is considered to be obnoxious and a nuisance to the general public. Such substances or material shall include, but not be limited to, the following: garbage, trash, weeds, junk, debris, unserviceable vehicles, dead trees posing.a health or safety hazard, or any other offensive materials which constitute a nuisance as provided for In this chapter. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-11, § 9, 4-22-92; Ord. No. 2008-003, § 1, 1-8-08) Section 973.02. - Definitions referenced, 110 1/5 6/2812021 Indian River County, FL Code of Ordinances The definitions of certain terms used in this chapter are set forth ln_CLapLeL20.1 Definitions, of the Indian River County Land Development Code. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2008-003, § 1, 1-8-08) Section 973.03. - Restrictions. Accumulations of debris, garbage, junk, trash, weeds, unserviceable vehicles, dead trees posing a health or safety hazard, or other noxious materials, are hereby declared a public nuisance and shall be removed from all lots, parcels and tracts of land, public or private, unless otherwise permitted by the terms of this article. (1) Weed clearance. The following provisions shall apply to weeds as defined in Chapter 901: (a) Prohibition. 1. The accumulation of weeds in excess of twelve (12) inches in height is hereby prohibited on any lot, parcel, tract of land, common area, open space area, recreational tract, or landscape buffer within either a platted, recorded subdivision where the platted lots are at a minimum IJ - of fifty (50) percent developed with residential units, or within or internal to a multifamily development where a minimum of fifty (50) percent has been developed with project units. (b) Exemptions from prohibitions. 4; : • 1. ,. Agriculturally zoned land. 2. `Land with a conservation designation orwithin conservation and/or preservation easements. 3. Areas designated on approved development plans as conservation or preservation areas. 4. Areas authorized or required by jurisdictional agency permits to remain natural. 5. Uncleared lots within platted, recorded subdivisions. (c) Maintenance of weeds to satisfy the twelve -!rich maximum height limitation which entails the grubbing (uprooting) of vegetation shall be subject to the provisions of Chapter 927. Tree Protection and Land Clearing, of the Indian River County Land Development Code. (d) The existence of untended weeds, as defined in Chapter 901. in excess of twelve (12) inches in height on any lot, parcel or tract of land as described in subsection 9 3.03(1)(a) shall -be prima facie evidence of intent.to violate and of a violation of this section by the owner, owners and occupant of said land. (2) Restriction ofgarbage, trash, funk, debris or unserviceable vehicles in or on public or private property.•. . (a) No person shall discard, place, abandon, accumulate, or permit or cause to be discarded, placed, abandoned or accumulated any junk, wrecked or unserviceable vehicle or the parts thereof on property in the unincorporated areas of the county unless such vehicles or parts are stored in an enclosed structure or at an authorized junk or auto wrecking yard. No person shall throw, discard, place, abandon, accumulate, or permit or cause to be thrown, discarded, placed, abandoned or accumulated anyjunked or unserviceable refrigerator, stove, washing g4$lne, 2/5 6128/2021 Indian River County, FL Code of Ordinances water heater, or other household appliance or equipment, or any garbage, trash, junk, debris or unserviceable vehicles on property in the unincorporated areas of the county except at an authorized junk yard, or at a landfill or other solid waste disposal site that holds a permit issued by the Florida Department of Environmental Regulation pursuant to Part 4 of Chapter 403, Florida Statutes, and is operated by, or under franchise from, the county. (b) The existence of any -garbage, trash, junk, debris or unserviceable vehicle in or on any unauthorized property in the unincorporated area of the county, whereby said material contains evidence of ownership, shall be prima facie evidence of intent to violate and. violation of this section by the person whose name appears on such material. (Ord, No. 90-16, § 1, 9-11-90; Ord. No. 92-11, § 10, 4-22-92; Ord. No. 2008-003, § 1, 1-8-08) Section 973.04. - Abatement of nuisance. (1) Whenever a county code inspector determines that a public nuisance as described in section 973.03 of this chapter exists, the inspector shall have the authority to serve the violator with notice to appear before the Indian River County Code Enforcement Board and shall hold hearings in the manner provided in F.S. Ch. 162. (2) If the code enforcement board determines through a compliance hearing that the violator is still not in compliance with section 973.03 and that the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, then the code enforcement -board shall direct staff to notify�t'he'lndian River County Commission, who no soonerthanthirty (30) days after the compliance hearing, may issue an order to direct the county administrator or a designee for the county administrator, to abate the nuisance, authorizing the county's employees, servants, agents or contractors to enter upon the property at all reasonable times and take whatever action is necessary to abate the nuisance (3) Once the county has abated a specific nuisance under this section, no further code enforcement board determination is needed for the county to,take'future abatement action relating to the reoccurrence of the nuisance violation. (4) The primary method for bringing code violator's into compliance shall continue to be the fines imposed by the code enforcement board and nothing in this section shall preclude the code enforcement board from issuing a fine relating to any nuisance violation. A nuisance violation need not rise to the level of a serious threat to the public health, safety, welfare or be in the nature of a violation that is irreparable or irreversible for the code enforcement board to Issue an order of non-compliance with section 973.03. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2008-003, § 1, 1-8-08) Section 973.05. - Reserved. Editor's note— Ord. No. 2008-003, § 1, adopted January 8, 2008, repealed § 973.05which pertained to public hearing on nuisance. See also the Table of Amendments. Section 973.06. - Assessment for abatement of nuisance.' 112 315 6/28/2021 Indian River County, FL Code of Ordinances (1) If the county abates a nuisance as defined in section 973.03, the cost thereof to the county as to each lot, parcel or tract of land shall be calculated and reported to the code enforcement board. Thereupon, the.code enforcement board, shall issue an order to assess such costs against such lot, parcel tract of land, common space, open space, recreation tract, or landscape buffer. Such order shall describe the land and state the cost of abatement, which shall include an administrative cost of two hundred fifty dollars ($250.00) per abatement. Such assessment shall be a legal, valid and binding obligation upon the property against which made until paid. The assessment shall be due and payable forty-five (45) days after the mailing of notice of assessment after which interest shall accrue at the rate prescribed on any unpaid portion thereof. (2) The clerk shall mail a notice to the record owner or owners of each of said parcels of land described in the resolution, at the last available address for such owner or owners, which notice may be in substantially the following form: NOTICE Date: To: Address: Property: As the record owner of the property above described -you are hereby advised that Indian River County, Florida did on the day of 20 _, order the abatement of a certain nuisance existing on the above property, sending you notice thereof, sdch nuisance being: [Describe Nuisance Briefly] A copy of such notice has been heretofore sent you. You failed to abate such nuisance; whereupon, it was abated by Indian River County at a cost of $ . Such cost, by order of the Code Enforcement Board of Indian River County, Florida has been assessed against the above property on 20 and shall become a lien on the property forty-five (45) days after such assessment. You may request a hearing before the Code Enforcement Board to show cause, if any, why the expenses and charges Incurred by the County under this ordinance are excessive or unwarranted or why such expenses should not be charged against the property. Said request for hearing shall be made to the Clerk of the Code Enforcement Board in writing within thirty (30) days from the date of the assessment. (3) If the owner fails to pay assessed costs within forty-five (45) days, a certified copy of the assessment shall be recorded in the official record books of the county. The assessment shall constitute a lien against the property No assessment lien will be recorded if a hearing on whether the assessment is fair, reasonable and warranted is timely requested. (4) If the code enforcement board determines after hearing that the assessment is fair, reasonable, and warranted, a certified copy of the assessment order shall be recorded. If the board determines that the charges are excessive or unwarranted, it shall direct the county administrator to recompute tl�ejtarges Ors 6/28/2021 Indian River County, FL Code of Ordinances and the board shall hold a further hearing after notice to the owner upon the recomputed charges. (5) In an action to foreclose liens, it shall be lawful to join one (1) or more lots, parcels, or tracts of land, by whomever owned, if assessed under the provisions of this chapter. The property subject to lien may be redeemed at any time prior to sale by the owner by paying a total amount due including interest, court costs and other costs incident to the action. (6) Upon payment of lien, the county attorney or his designee shall, by appropriate means, evidence satisfaction and cancellation of such lien. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2008-003, § 1, 1-8-08) 114 515 until the Respondent can obtain site plan approval. Staff is recommending the Board impose a fine of $100.00 per day, beginning May 22, 2021, until compliance is achieved. 00:35:18 ON MOTION BY Mr. Pete Cements, SECONDED BY Mr. David Myers, the Board voted unanimously (5-0) to find the violation and impose a fine of $100 per day, beginning May 22, 2021, until compliance is achieved. The motion passed. . / " Note for the record. that a Representative for the hearing. 00:35:40 Ms. Vanessa Carter Solomon, IRC CoA Enf< photographs, an Affidavit of Posting, an OrderTi into evidence and described this case related to junk veli parking/storage, boat/trailer storage, cop mercial vehicb use violation. This property is a repeat �o'mon and this 2020 and a $100 per day fine was imp6sed.'�.requ property to be a public nuisance warrantiri#,; Co' wlty Al was present for this Officer, enf' fourteen y an Order Imp sing Fine trash, and debris, vehicle dence, and zoning district lard on Novemenber 23, the Board determine the The Respondent, Mr: -Palmer addres* the Boa& and stated he was unaware of the hearing and that he hadoped�to'have the pr'� cleaned up in 2 months. He stated that he has begun cl the property and has a of the cars working and functional. Ms. Solomon also sh , hotos,�o Mr. Jo!q`"s property on 14`x' Ave which shows an accumulation of junk and ,stAd that--shq _ feels he is moving items from one property to another. 00:50147; ` ON MOTJON BfMr. David Myers, SECONDED BY .,.Ms. Dana ID Francesco, the Board voted unanimously `0) to find violation and determine the property to a°pulj.ie nuisance warranting a County Abatement. The, motion passes. Note for the record that the Respondent was present for this hearing. 00:51:18 Case #2021050026 — Suncor Ft. Pierce, LLC Ms. Vanessa Carter Solomon, IRC Code Enforcement Officer, entered two photographs, an Affidavit of Posting, a building permit application and described this case related to swimming pool maintenance, overgrown weeds and unpermited structure CEB- Unapproved 4 May 24, 2021 F:\BCC\AII Comm ittees\CEB\M i nutes\Minutes 2021 115 12.A.1. 07/06/2021 PUBLIC NUISANCE ABATEMENT MICHAEL & KELLY PALMER - 1262 15TH AVENUE HISTORY: MARCH 4TH, 2020 — COMPLAINT SUBMITTED TO COUNTY CODE ENFORCEMENT STAFF REGARDING JUNK/TRASH/DEBRIS AND VEHICLE STORAGE AT 126215TH AVENUE. SEPTEMBER 28TH, 202o THE CODE ENFORCEMENT BOARD (CEB) ENTERS AN ORDER FINDING VIOLATION FOR JUNK/TRASH/DEBRIS, COMMERCIAL VEHICLE STORAGE, JUNK VEHICLE STORAGE, BOAT/TRAILER STORAGE, ANDA ZONING DISTRICT USE VIOLATION, AND GRANTS 6o -DAYS TO RESOLVE THE VIOLATIONS. NOVEMBER 23, 2o2o—CEB HOLDS A COMPLIANCE HEARING AND IMPOSES A S1oo.00 PER -DAY FINE BEGINNING ON 11/21/2021 FOR FAILURETO RESOLVE THE VIOLATIONS. MAY 24, 2021 — CEB ENTERS AN ORDER DETERMINING NUISANCE WARRANTING COUNTY ABATEMENT (COUNTY CODE SECTION 973) A ��5- 1 i tf l2 rac✓.�-:.jG.+-o.v `rsi �+ ,i^` ��r H 1�. ' '+' "'� � 'ti.�����+'S'�, i t'fj13•'3, b`i � +�, ,9. i � � ��t�, ���.1`�'i�af !, �� ,f �r�^T�`%"''j� \ - .' 'Rl � a ".e [ � ... ���, ti �..� [ \� � `FiY i .. � n� ��, / . / � �. i-✓ (trf"-,�+�4'� 4r'f + {�•. �.. MS,; Tie k W�`;� ax�'` _ 6€.. %�::,� o-. -:, ''4'{y �aym+',�jjyj iJ .` _t im' 'h_ -T ��- s„5�'`•,y-'' 12.A.1. 07/06/2021 PUBLIC NUISANCE ABATEMENT MICHAEL & KELLY PALMER - 1262 15TH AVENUE r I I I Section 973.04.. Abatement of nuisance. I % 9 2 a z 1 (1) Whenever a county code Inspector determines that a public nuisance as described in section 973.03 of this chapter exists. the Inspector shall have the authority to serve the violator vAth notice to appear before the Indian River County Code Enforcement Board and shall hold hearings In the manner provided in F.S. Ch. 162. (3) Once the county has abated a specific nuisance under this section. no further code enforcement board determination is needed for the county to take future abatement action relating to the reoccurrence of the nuisance violation. i I (a) The primary method for bringing code violators Into compliance shall continue to be the fines imposed by the code enforcement board and nothing in this section shall preclude the code enforcement board from Issuing a fine relating to any nuisance violation. A nuisance violation need not rise to the level of a serious threat to the public health, safety, welfare or be in the nature of a violation that Is Irreparable or irreversible for the code enforcement board to Issue an order of non-com'PI lance Mth section 973.03. (Ord. No. 90-16, § 1, 9-17.90: Ord. No. 2006-003, § t, 14WS) I , PUBLIC NUISANCE ABATEMENT l MICHAEL & KELLY PALIMER - 1262 15TH AVENUE i ALTERNATIVES: ALTERNATIVE 1: TAKE NO ACTION. THIS ALTERNATIVE WOULD RESULT IN THE $ioo.00 PER -DAY FINE CONTINUING (THE FINE IS CURRENTLY $22,700.00) UNTIL COMPLIANCE IS ACHIEVED. THIS ALTERNATIVE WOULD NOT IMMEDIATELY ADDRESSTHE POTENTIAL HAZARDS RESULTING FROMTHE CODEVIOLATIONS ONSITE. I ALTERNATIVE 2: DIRECT STAFF TO SEEK A COURT ORDER TO ENTER THE PROPERTY AND RESOLVE THE CODE VIOLATIONS BY REMOVING THE ITEMS STORED ONSITE. THIS ALTERNATIVE WOULD ADDRESS THE POTENTIAL i HAZARDS, BUT WOULD RESULT IN A COST TO THE COUNTY FOR THE CLEAN-UP. THE COST WOULD BE RECORDED ASA LIEN AGAINST THE PROPERTY. I 1 I ,lb - 3 d. Title Policy. At Closing, Purchaser shall cause the title company to issue to Purchaser an ALTA form of title insurance policy with respect to the Easement or binding commitment therefor to issue the same, dated, or updated, to the Closing Date, insuring, or irrevocably committing to insure, at normal statutory premium rates, without the requirement for additional premiums or escrows to be posted by Purchaser, with extended coverage with respect to the Easement, with customary endorsements, the Easement and improvements, subject only to the Permitted Exceptions (the "Title Policy"). The Title Policy shall be dated as of the Closing Date with gap coverage from Seller from the Closing through the date of recording and shall be issued at such party's sole cost and expense as is customary for similar transactions in the jurisdiction of the applicable Easement. e. Conveyance of the Easement. At Closing, Seller shall convey to Purchaser (a) good and valid interest in the Easement, subject only to (A) the Permitted Exceptions relating thereto, and (B) any Unpermitted Exceptions which are cured by causing the title company to remove or insure over such matters in the Title Policy in accordance with Section 4(c)(iv), but which otherwise are not removed from title, and (b) good and marketable title to the personal property set forth in Section 1, free and clear of all liens and encumbrances. Purchase Price; Adjustments; Earnest Money. a. Purchase Price. Provided that the annual Tower Cash Flow for the Tower(s) is equal to or greater than $220,886.00 (the "TCF Threshold") as of the Closing Date, the purchase price for the Tower Assets (the "Purchase Price") shall be FOUR MILLION ONE HUNDRED THOUSAND 00/100 Dollars ($4,100,000.00) which shall be paid by bank or certified check or wire transfer upon delivery of the Closing Documents and the Closing of the transaction hereunder. $10 of the Purchase Price shall be allocated to the Easement with the balance of the Purchase Price allocated to the Tenant Leases, the Tower and associated equipment. b. Adjustments. If Purchaser discovers during the Due Diligence Period that, the Tower Cash Flow with respect to the Tower is less than the TCF Threshold as of the Closing Date, the Purchase Price shall be reduced by an amount equal to the sum o£ (A) 18.56 multiplied by (B) the difference between the TCF Threshold and the actual Tower Cash Flow with respect to the Tower as of the TCF Date. In the event that Seller disputes Purchaser's calculation of Tower Cash Flow, Seller and Purchaser shall, in good faith, attempt to agree upon the actual Tower Cash Flow with respect to the Site(s) on or before ten (10) days following Seller's receipt of the Purchaser's determination of Tower Cash Flow. 6. Earnest Money. Within five days after the Effective Date, Buyer shall deposit Forty One Thousand and No/100 ($41,000.00) Dollars (the "Earnest Money") with TitleVest Agency, LLC. The Earnest Money shall be held in a non-interest bearing account. In the event the sale closes as provided herein, then the Earnest Money and the remainder of the Purchase Price shall be paid to Seller at Closing. The cost to Seller of granting to Buyer the right to purchase the Property has a value that is difficult to calculate, and the Parties have agreed that the Earnest Money is a reasonable approximation of that value. In the event Buyer defaults in its obligations hereunder, the Earnest Money shall be paid over to Seller as an agreed and liquidated amount of compensation and not.as a penalty. In the event this Agreement is terminated by Buyer on or before the last day of the Due Diligence Period or as otherwise permitted herein, the Earnest Money shall be returned to Buyer. Otherwise, the Earnest Money shall be paid out as provided in this Agreement._ 7. Closing. Provided that all conditions to closing contained herein have been met or waived, the closing of the transactions contemplated hereby (the "Closing") shall occur on or before October 18, 2021 (the "Anticipated Closing Date"). All documents required to close the transaction shall be deposited in escrow with the TitleVest Agency, LLC located at 110 East 42nd Street, 10th Floor, New York, NY 10017 (".TitleVest") at least three (3) calendar days prior to the Closing, or as otherwise agreed to. In the event that all conditions to Closing have not been met or waived by the Anticipated Closing Date, the Closing shall -4- d. Title Policy. At Closing, Purchaser shall cause the title company to issue to Purchaser an ALTA form of title insurance policy with respect to the Easement or binding commitment therefor to issue the same, dated, or updated, to the Closing Date, insuring, or irrevocably committing to insure, at normal statutory premium rates, without the requirement for additional premiums or escrows to be posted by Purchaser, with extended coverage with respect to the Easement, with customary endorsements, the Easement and improvements, subject only to the Permitted Exceptions (the "Title Policy"). The Title Policy shall be dated as of the Closing Date with gap coverage from Seller from the Closing through the date of recording and shall be issued at such party's sole cost and expense as is customary for similar transactions in the jurisdiction of the applicable Easement. e. Conveyance of the Easement. At Closing, Seller shall convey to Purchaser (a) good and valid interest in the Easement, subject only to (A) the Permitted Exceptions relating thereto, and (B) any Unpermitted Exceptions which are cured by causing the title company to remove or insure over such matters in the Title Policy in accordance with Section 4(c)(iv), but which otherwise are not removed from title, and (b) good and marketable title to the personal property set forth in Section 1, free and clear of all liens and encumbrances. 5. Purchase Price; Adjustments; Earnest Money. a. Purchase Price. Provided that the annual Tower Cash Flow for the Tower(s) is equal to or greater than $220,886.00 (the "TCF Threshold") as of the Closing Date, the purchase price for the Tower Assets (the "Purchase Price") shall be FOUR MILLION ONE HUNDRED THOUSAND 00/100 Dollars ($4,100,000.00) which shall be paid by bank or certified,check or wire transfer upon delivery of the Closing Documents and the Closing of the transaction hereunder. $10 of the Purchase Price shall be allocated to the Easement with the balance of the Purchase Price allocated to the Tenant Leases, the Tower and associated equipment. b. Adjustments. If Purchaser discovers during the Due Diligence Period that, the Tower Cash Flow with respect to the Tower is less than the TCF Threshold as of the Closing Date, the Purchase Price shall be reduced by an amount equal to the sum of. (A) 18.56 multiplied by (B) the difference between the TCF Threshold and the actual Tower Cash Flow with respect to the Tower as of the TCF Date. In the event that Seller disputes Purchaser's calculation of Tower Cash Flow, Seller and Purchaser shall, in good faith, attempt to agree upon the actual Tower Cash Flow with respect to the Site(s) on or before ten (10) days following Seller's receipt of the Purchaser's determination of Tower Cash Flow. 6. Earnest Money. Within five days after the Effective Date, Buyer shall deposit Forty One Thousand and No/100 ($41,000.00) Dollars (the "Earnest Money") with TitleVest Agency, LLC. The Earnest Money shall be held in a non-interest bearing account. In the event the sale closes as provided herein, then the Earnest Money and the remainder of the Purchase Price shall be paid to Seller at Closing. The cost to Seller of granting to Buyer the right to purchase the Property has a value that is difficult to calculate, and the Parties have agreed that the Earnest Money is a reasonable approximation of that value. In the event Buyer defaults in its obligations hereunder, the Earnest Money shall be paid over to Seller as an agreed and liquidated amount of compensation and not as a penalty. In the event this Agreement is terminated by Buyer on or before the last day of the Due Diligence Period or as otherwise permitted herein, the Earnest Money shall be returned to Buyer. Otherwise, the Earnest Money shall be paid out as provided in this Agreement._ 7. Closing. Provided that all conditions to closing contained herein have been met or waived, the closing of the transactions contemplated hereby (the "Closing") shall occur on or before October 18, 2021 (the "Anticipated Closing Date"). All documents required to close the transaction shall be deposited in escrow with the TitleVest Agency, LLC located at 110 East 42nd Street, 10th Floor, New York, NY 10017 ("TitleVest") at least three (3) calendar days prior to the Closing, or as otherwise agreed to. In the event that all conditions to Closing have not been met or waived by the Anticipated Closing Date, the Closing shall -4- INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Sector 7 Beach and Dune Restoration Project Easement Status and Project Options DATE: June 23, 2021 DESCRIPTION AND CONDITIONS Since 2018, County staff and project consultants have been actively working at designing, monitoring and permitting the Sector 7 Beach and Dune Restoration Project, as well as obtaining the easements necessary for the project to be deemed viable, cost effective, and constructible. Staff had previously presented information to the Board of County Commissioners (BCC) regarding the need for high percentages of signed easements for a successful project. At the July 14, 2020 regularly scheduled County Commission meeting, the BCC concurred with staff that a 90% or greater number of signed easements would be targeted as the goal in order for the Sector 7 Beach and Dune Restoration Project to move forward with construction. This information has been disseminated through targeted mass mailings, BCC Commission meetings, Beach and Shore Preservation Advisory Committee special call and routine meetings, e-mails, phone calls, newspapers and webinars. Local Homeowner/Condo Associations groups, Civic groups and Nature Conservancy groups have also been instrumental in reaching out to the targeted property owners with regards to the County's requests for easements: To date, the success of the efforts above can be seen in the number of easements the County has received, reviewed and recorded (presented below). SECTOR 7 (82 Properties Total) 116 As of Current as of September 22, June 23, 2021 2020 BCC Meeting Linear Feet % of Properties # % # % (approx.10,740) project Granted Easements 41 50% 1 51 62% 6,225 58% Signed Easements Under Review Recording 10 12% 8 10% 1,151 11% (In -Process) Denied Easement — No Sand 5 6% 14 17% 1,880 17% Pending Responses 26 32% 9 11% 1,484 14% 116 Timelines necessary for the successful completion of the Sector 7 Beach and Dune Restoration Project require that pre -construction monitoring activities commence over the summer 2021, with on -beach construction activities beginning on or about November 1, 2021. SECTOR 7 BEACH AND DUNE RESTORATION PROJECT HISTORY The Sector 7 Beach and Dune Restoration Project had previously gone out to bid on July 26, 2020, with the bid opening taking place on September 9, 2020. Two (2) responsive bids were received for Sector 7 project. Funding was available between the Beach Restoration Fund, FEMA Project Worksheets, a Local Government Funding Request (LGFR) Grant issued by the Florida Department of Environmental Protection (FDEP) and insurance proceeds to cover the costs associated with the Sector 7 Beach and Dune Restoration Project. However, prior to award of bid at a September 22, 2020 BCC meeting, it was determined that an insufficient number of easements had been obtained to allow for a viable, constructible project. Staff at that meeting had obtained direction from the BCC to not move forward with the award of bid, but rather to put the construction project on hold while continue seeking the remaining easements necessary to demonstrate a constructible project for the 2021/2022 construction timeframe. Staff was also directed to make requests for extensions to the funding sources (FEMA and the FDEP). , It is important to note that prior to the Sector 7 Beach and Dune Restoration project being put on hold, the County had spent more than $600,000 on the design, permitting and pre -construction monitoring that is required of a project of this magnitude, in addition to countless staff hours. County staff had also arranged to rent property in the immediate vicinity of the Sector 7 project area to be used as a means for ingress and egress for nourishment related activities on the beach. This property has since been sold and the agreement is no longer in place. The closest public access to the Sector 7 project area is approximately 1.8 miles to the south (Round Island Beach Park) which may require that off-road dumps travel seaward of the mean high-water line from Round Island to the project area in order to deliver sand. SECTOR 7 BEACH AND DUNE RESTORATION PROJECT EASEMENT STATUS UPDATE As of June 23, 2021, of the targeted eighty-two (82) easements within the Sector 7 project area, fifty-one (51) easements representing 62% of the Sector 7 easements have been received by the County, verified for proper execution and recorded. An additional eight (8) easements. representing 10% of the Sector 7 easements are in process of review/recording. Fourteen (14) properties within the Sector 7 project area have denied the easement request outright, and will therefore not be receiving sand. These denials represent 17% of the total easements being sought. Nine (9) properties representing 11% of the .easements within the Sector 7 project area have not officially responded following multiple requests for easements by the County and others. At this late date, these nine (9) properties are considered as denials for the purposes of this agenda item. 117 SECTOR 7 (82 Properties Total as of June 23, 2021) Properties # % Targeted Granted Easements 51 62% 90% Signed Easements Under Review/ Recording (In -Process) g 10% Denied Easement — No Sand 14 17% Pending Responses (considered denials) 9 11% In the near future, the County is faced with the need to begin an additional round of pre -construction Monitoring in order to assess current field conditions prior to the 2021/2022 construction window. These monitoring efforts are anticipated to cost more than $200,000.00 and will potentially require modifications to the permitted fill templates which need to be completed in advance of on -beach nourishment activities. Many of these monitoring efforts are a duplication of tasks completed last year prior to the project being put on hold due to the lack of easements obtained. As stated above, County staff has been unable to obtain ingress -egress access to Sector 7 beaches as there is no public access suitable for the beach restoration project. SECTOR 7 FEEDER BEACH DESIGN The Sector 7 Project has been designed to place an estimated 294,496 CY of beach compatible sand along 2.2 miles of the project area. This project is designed to maximize the fill volume while avoiding adverse impacts to nearshore hardbottom. Within the limits of the project area, the nearshore hardbottom is not uniformly distributed. The nearshore hardbottom is further from the shoreline near the northern limits of the project site as compared to the southern limits of the project site. Because of this, the project is designed for significantly more sand to be placed along the northern portion of the project where conditions permit, with reduced amounts placed in the southern portion to not impact the nearshore resources. This northern portion of project may only make up approximately 24% of the linear feet of the project (approximately 0.5 miles), but makes up approximately 43% (approximately 130,000 CY) of the total volume of sand for the entire project. The benefit of this "feeder beach" design is to nourish the southern portion of the project through natural long -shore north to south sand movement. The additional sand placed along the northern limits of the project site will move along the shoreline to the south to "nourish" the southern portion of the project site where nearshore hardbottom limits the volume of sand that can be placed. This is expected to maximize the benefit of the project by lengthening the design life of the project. Of the easements required within this estimated 0.5 mile stretch of "feeder beach" (17 properties) as of. June 23, 2021, the County has received signed easements from properties making up 0.1 miles of the feeder beach (4 properties), with approximately 0.2 miles of beachfront declining the easements (8 properties), 0.02 miles of beachfront property undergoing internal review for proper execution of easement agreement (1 property) and another estimated 0.18 miles of property owners not committing to granting or denying the project (4 properties). Failure to receive a signed easement from the property owners does not allow the County the ability to construct a beach on those properties. Based on the above, approximately 0.4 miles of the 0.5 miles of "feeder beach" will not receive 43% (130,00(Qft of the 294,496 CY of sand estimated for the 2.2 miles of project area. FUNDING Funding for the Sector 7 Beach and Dune Restoration Project was included in the FY 20/21 budget in the amount of $9,900,000.00. Partial funding for the Sector 7 Beach and Dune Restoration Project is made available through FEMA funding as shown in the table below. Additionally, insurance proceeds and FDEP Local Governmental Funding Requests (LGFR) grants are also made available for this project. SECTOR 7 FEMA Hurricane Matthew $1,725,896.18 FEMA Hurricane Irma $382,033.74 FEMA Hurricane Dorian $2,145,296.13 FDEP Grants 191112 $307,538.00 Insurance Proceeds $1,372,843.91 Total Funding 4—$5,933,607.96 Account Name Account Number I Budgeted Amount Sector 7 Beach and Dune Restoration Fund 1 12814472-066512-17001 1 $9,900,000.00 AVAILABLE OPTIONS As the current percentage of executed easements for the Sector 7 Beach and Dune Restoration Project is below the targeted amount of 90%, with the current executed easements representing 62% of the necessary project easements, staff is seeking guidance from the BCC as to how to proceed with the Sector 7 Beach and Dune Restoration Project knowing that required pre -construction monitoring related expenses in the amount of $200,000.00 are anticipated to be incurred over the summer, well in advance of any on -beach related construction activity beginning on or after November 1, 2021. The following options are available: Option 1: While seeking the remaining easements necessary for a viable project, perform pre - construction monitoring in accordance with permit conditions. and adjust permit templates accordingly. Prepare bid documents and advertise in July, with a bid opening in September. Prior to award of bid, come back to the BCC to reassess the number of easements obtained in order to determine constructability of the project. It is estimated that this approach could cost in excess of $200,000.00 and still may not yield a constructible project based on lack of easements. However, at this time the County has no viable access to the Sector 7 beach which will make the project more expensive. Option 2:. Move forward with pre -construction monitoring and related construction activities utilizing a modified fill template on the properties that do not have a recorded easement agreement in place. This approach allows for placement of beach compatible material seaward of the Erosion Control Line (ECL) on state sovereign submerged lands and does not require upland property owner permission. This will significantly reduce the 449unt of storm protection offered in the original design of the project, and also significantly reduces the amount of material needed for construction (reduces quantity of material by approximately 35% project wide). The reduction in sand is not expected to be realized as a reduction in the cost of the project, as logistically constructing a beach under these conditions will require significant additional efforts to avoid any activities taking place landward of the ECL on those properties without an easement. In an area such as Sector 7 with narrow, Critically Eroded Beaches, constructing a beach under those restrictions poses significant difficulties in construction activities and may even result in the project being deemed as not buildable from a construction standpoint. Additionally, by adding sand at the ECL and seaward, this could create and irregularly shaped berm system which may lead to adverse impacts to those oceanfront homeowners. Furthermore, by not constructing the design template, the County could potentially be jeopardizing FDEP and FEMA funding sources. Please also be aware, that at this time, the County has no viable access to the Sector 7 beach which will make the project more expensive. Option 3: Determine the project to not be constructible in the FY 2021/2022 construction window and do not pursue pre -construction monitoring at this time. As the permits for the Sector 7 Beach and Dune Restoration Project are valid for 15 years, staff can once again seek extensions on the funding currently available (FDEP LGFR Grant and FEMA funds) and potentially pursue construction in the 2022/2023 construction window. However, as the project seems to be at an impasse based on lack of stakeholder support, it is possible that FDEP and FEMA could withdraw available funding for this project. Additionally, staff will continue to try and solve the beach access issue as the County has no viable access to the Sector 7 beach. Option 4: Determine the project to not be constructible at all based on lack of stakeholder support in executing the easement agreements and beach access not being available. This approach would require that both FEMA funding and the FDEP Grant funds be surrendered by the County, and any future projects that may be sought would be subject to being funded solely by the County should no additional funding sources be found. On June 21,.2021, a presentation of the status of the Sector 7 Beach and Dune Restoration project was made by the Coastal Division to the Beach and Shores Preservation Advisory Committee (BSPAC). After lengthy discussion, the BSPAC unanimously backed Option 3 as their recommendation to the Board of County Commissioners. RECOMMENDATION Staff recommends Option 3 to the Board. While staff is of the opinion that the easement issue is at an impasse, staff will continue to reach out to property owners to obtain easements. Staff will also reach out to the FDEP, LGFR Grant staff, and FEMA to inquire about extending the funding for an additional year. Staff also requests the Board authorize staff to investigate the purchase of property within Sector 7 for beach access to enhance our funding options for future Sector 7 beach nourishment projects. Additionally, staff has been unable to locate property that could be used for construction access to the Sector 7 beach, thereby substantially increasing the cost for the project even if easements are obtained. APPROVED AGENDA ITEM FOR JULY 6, 2021 120 12.G.1. 07/06/2021 Sector 7 (IRC -1 926) Beach and Dune Restoration Project Easement Status and Project Options Public,Works Department �VRc Coastal Engineering Division oG duly 6th, 2021 Z ORIVIp' Sector 7 Background Considered critically eroded by the Florida Department of Environmental Protection. fi porpoise Point • Lost an average of 1.5 feet/year of beach between 2013 and 2019 14 neighborhoods with 82 properties in total Oceanside — Reef Road First nourished in 2007 following Hurricanes Frances and Jeanne in 2004 7-7 • The County placed 362;000 cy of sand fill Surfside Estates 12C) ' 1 Area Details I South Beach Park 12.G.1. 07/06/2021 1.4 miles No Public Parks within Sector 7 MM"9rn*,Ies No Public East/West Access within Sector 7 Round Island Park 4 Previous Presentations on Status of Easement Agreements for • .:., Sector 7 "'�;`hcsrstivr I 7Previously, the BCC decided to set a 90% or greater amount of signed easements as the targeted goal within each sector in order to enable the County to construct a viable beach restoration project that provides storm protection benefits Staff have utilized various methods to disseminate information Webinars • Targeted mass mailings • BCC commission meetings Newspapers • Beach and Shore Preservation Advisory • Local Homeowner/Condo Associations Committee 1 • Civic groups • . Emails • Nature Conservancy groups • Phone Calls 1 Zp - 2 ector 7 Easement Total Sector 7 (82 Properties) As of JUNE21 Approx. Linear Feet % of Properties Color # % (Total Project —10,740) Granted 51 62% 6,225 58% Easements Signed Easements 8 10% 1151 11% Under Review Recording Denied Easement -No 14 17% 1,880 17% Sand [Pending (Denial) 9 11% 1484 14% esp onsess 12.G.1. 07/06/2021 11% (9) Easements Pending (Denial) Owner Action 17° lents 10% (8) Signed Easements Under Review Recording J2O' 3 12.G.1. 07/06/2021 *. Sector 7 Feeder Beach _ �pi�Rtq The Sector 7 Project is designed to place approximately 294,496 cy of sand along 2.2 miles of the project area. Due to nearshore hardbottom reefs being further offshore in the northern limits of the project area compared to the south, 43% (126,000 cy) of the 294,496 cy are designed to be placed within approximately 0.5 mi (24%) of the total project area. The benefit of this "feeder beach" design is to nourish the southern portion of the project through natural long -shore north to south sand movement. `�D nin r? 4s'with Constructabil �ar0Sc �� �.✓ �"" ''���' "i,�t" ua r'+�c�c, ,�,T ,.� Sri 4�a� 12.G.1. 07/06/2021 -issues with Progressing East of the MHWL R'°'+ With Unsigned/Denied Easements Issues with Progressing East of the Ml With Unsigned/Denied Easements :Ac• �,rs 1, `ZC) ' 6 N Sector 7 Beach & Dune Restoration I Project Options Please note the following: . Area Details South Beach Park The closest City Park is South Beach Park • South Beach to Sector 7 = 1.4 miles The closest County Park is Round Island Beach.Park I • Round Island to Sector 7 = 1.9 miles No Public Parks within Sector 7 No Public East/West Access within Sector 7 12.G.1. 07/06/2021 1.4 miles 1.9 miles Round Island Park (Ze y 7 12.G.1. 07/06/2021 1 Option 1 1 • Seek the remaining easements necessary for a viable project • Perform pre -construction monitoring • Perform pre -construction monitoring in accordance with permit conditions/adjust permit templates accordingly. • Prepare bid documents and advertise in July, bid opening in September. have a recorded easement agreement in place. • Prior to award of bid, come back,to the BCC to reassess the amount of easements. ➢ It is estimated that this approach;could cost in excess of $200,000.00 and still may not yield a constructible project based on lack of easements. unbuildable project. Op tion 2 • Perform pre -construction monitoring • Construction activities utilize a modified fill template on properties that DO NOT have a recorded easement agreement in place. • Significantly reduce the amount of material needed for construction (reduces quantity of material by approximately 35% project wide). ➢ Poses significant difficulties in construction activities/may even result in a 1 unbuildable project. ➢ Could create an irregularly shaped berm system & lead to adverse impacts to those oceanfront homeowners. ➢ Will significantly reduce the amount of storm protection offered in the original design of the project ➢ NOT expected to be realized as a reduction in the cost of the project '06/2021 y The Erosion Control Line (ECL) & Feeder VD Fill Limit ' Hardbottom� ECL RMW rRA ( o 100 91U .` F� 4 a a?a •' s�, �� 12.G.1. 07/06/2021 1 Option 4 ,Y« _.._ Option 3 I • Determine the project to not be constructible in the FY 2021/2022 construction I Determine the project to not be constructible at all based on lack of stakeholder window I support in signing the easements. L ; • Do not pursue pre -construction monitoring • Seek extensions on the funding currently available (FDEP LGFR Grant, FEMA, Division i r i I of Emergency management (DEM) funds) 1 I • Potentially pursue construction in the 2022/2023 construction window I ➢ Permits for the Sector 7 Beach and Dune Restoration Project are valid for 15 I years ; ➢ Funding agencies may claim that�no additional extensions are warranted 1 Option 4 I I Determine the project to not be constructible at all based on lack of stakeholder support in signing the easements. L ➢ Surrender FEMA, DEM, and the FbEP Grant funds. 1 ➢ Future project may be subject to, being funded solely by the County. i r i I 2W 10 12.G.1. 07/06/2021 Questions & Answers `W • 11 ry :� Staff Recommendation After careful and thorough consideration of all options, staff recommends Option 3 which states the following: • Determine the project to not be constructible in the FY 2021/2022 construction window • Do not pursue pre -construction monitoring i • Seek extensions on the funding currently available (FDEP LGFR Grant, FEMA, Division of Emergency management (DEM) funds) i • Potentially pursue construction in the 2022/2023 construction window ➢ Permits for the Sector 7 Beach and Dune Restoration Project are valid for 15 years ➢ Funding agencies may claim that no additional extensions are warranted Staff also requests the Board authorize staff to investigate the purchase of property within Sector 7 for beach access to enhance our funding options for future Sector 7 -beach nourishment projects Questions & Answers `W • 11 Thank you! i 1 12.G.1. 07/06/2021 Further questions or comments please send us an email at Coastal@ircqov.com M. 12 06/2021 �W ' 13 0710612029 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney /34 Of Ce Of Attorney's Matters INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: June 29, 2021 SUBJECT: Resolution of Necessity for five Parcels of Right -Of -Way Located along 66th Avenue between 69th and 85th Streets, Vero Beach, FL 32967: Parcel 127 (Lipfert and tenant Tongay), Parcel 128 (Williams), Parcel 130 (Sexton), Parcel 132 (Van Antwerp) and Parcel 151 (Barker/Strickland) INTRODUCTION: The following information is submitted for consideration by the Board of County Commissioners (Board) in approving the Resolution of Necessity for _property acquisition associated with the construction of 66th Avenue north between 69th and 85th Streets (hereinafter referred to as "Project"), in Indian River County. The limits of the overall Project are from the intersection of SR 60 to Barber Street in Sebastian. PROJECT PURPOSE AND CHRONOLOGY: The project consists of expanding 66th Avenue from a 2 -lane road to a 4 -lane road with turn lanes, improved drainage, replacement of bridges overthe canal, 8' sidewalks and signalization. The project also includes roadway signing and pavement marking items. Right-of-way is needed on the side streets to accommodate increased bridge elevations and turn lanes for the three lane bridges over the canal. There are five properties along 66th Avenue between 69th and 85th Streets where the County needs to acquire right-of-way for side street improvements which will include paving, drainage, signage and striping. The parcels are as follows: Parcel 127, 7905 66th Avenue is a 12.24 -acre tract owned by Frederick Lipfert. The County needs a 1.07 -acre strip of right-of-way along the eastern boarder of the property. The oblong strip extends 455' along 66th Avenue beginning at a width of 126 feet at the south narrowing to 68 feet at the north end of the property. The property is used for horse boarding and is improved with a barn, riding ring, a small residence and pastures divided into five paddocks. Improvements to the property to be taken include fencing, shade trees, a driveway and a part of the eastern most pasture paddock. The property is zoned A-1, Agricultural, up to one unit per five acres. The property also has a tenant, Empire Equine, owned by Amanda Tongay. According to state statutes, tenants are entitled to notice and possible damages due to the take. • Parcel 128,7950 61h Avenue is a 2.0 -acre property zoned A-1, Agricultural, up to one unit per five acres. The parcel is developed with a two-bedroom, two bath house. The house is approximately 1,241 square feet in size and was built in 1964. The County needs to acquire a 0.04 -acre (1,923 sq. ft.) triangle shaped parcel of right-of-way that is 160 long and 26 feet at 121 BCC Necessity of Take Lipfert, Williams, Sexton, Van Antwerp and Barker/Strickland June 29, 2021 Page 12 the widest point. This property is on the east side of 66th Avenue. The only improvement in the part to be taken are a palm tree and a bush. The landowner is Audrey Williams. Parcel 130, 8055 66th Avenue, is owned by Robert and Mary Grace Sexton. The parent parcel is on the west side of 66th Avenue and is 18.845 acres in size. The County needs a 0.40 -acre triangle shaped parcel to be used as right-of-way. This parcel is also zoned A-1, Agricultural, up to one unit per five acres. The property is improved with an active citrus grove. Improvements within the 0.40 acres are approximately 10 citrus trees with accompanying irrigation. Parcel 132, 6555 81St Street is owned by Frederick and Florence Van Antwerp. The parcel is 4.39 acres in size and zoned A-1, Agricultural, up to one unit per five acres and lies on the northeast corner of 66th Avenue and 81st Street. The County needs to acquire a 0.99 -acre parcel to be used as right-of-way. There are no improvements on the property, but the site has been the location of the corn maze in years past. The Van Antwerps lease this parcel and an adjacent parcel to Country Side Family Citrus. Countryside, as tenants, are entitled to notice and possible damages due to the take. Parcel 151, 7860 66th Avenue, Vero Beach, FL, contains a single-family residence owned by Ruby Strickland and Wesley Barker. The single story house built in 1961 has 3 bedrooms and one bath and is approximately 1,254 sq. ft. in size. The parent parcel is 0.55 acres and the County needs to acquire 0.10 acres to be used for right-of-way. Improvements in the area of take include two oak•trees; two palm clusters and part of a marl driveway. The property is on -.the east side of 66th .Avenue, ;north of 77th :Street. A Resolution of Necessity does not require a public hearing. It requires the Board to review the safety, cost, alternative routes, long-range planning and environmental aspects of the project in relation to the proposed take. The Board considered all of those factors at the meeting of March 17, 2009 and approved the Corridor Study for 66th Avenue and the proposed alignment in front of the five properties. A copy of the Corridor Study is available for review at the County Commission Office or the Office of the Clerk to the Board. The property owners are represented by various law firms. Upon approval of this Resolution of Necessity, and after a Board approved Unconditional Offer, the County will file a lawsuit in eminent domain and file a motion for an Order of Take. If the Court approves the motion, the County will deposit its appraised value into the Court Registry and take title to the rights-of-way and access easement, and the landowners may access the deposit in the Court Registry, less any taxes, liens or mortgages owed on the property. The parties. will then attend a mediation conference in order to settle the issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) person jury trial and the jury will determine the amount of compensation to be paid to each landowner. Acquisition of these parcels is important as it provides needed rights-of-way for the expansion of 65th and 69th Streets at their intersection with 66th Avenue. The attached Resolution of Necessity with copies of the sketches and legal descriptions of the needed rights-of-way and the access easement are attached to this memorandum and provides for the following: • The Board finds it necessary to acquire the property using eminent domain • Authorizes the County Attorney or outside counsel to file a lawsuit against the owners of the needed property • Authorizes County employees and its agents to take action necessary to prosecute the lawsuit 122 BCC Necessity of Take Lipfert, Williams, Sexton, Van Antwerp and Barker/Strickland June 29, 2021 Page 13 to final judgment FUNDING: There is no impact to County funding with the Resolution of Necessity. RECOMMENDATION: Staff recommends that the Board approve the Resolution of Necessity and authorize staff to proceed with the necessary right-of-way acquisition through the County's power of eminent domain. Attachments: Proposed resolution Parcel sketches and legal description of property to be taken 123 RESOLUTION 2021- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSES OF IMPROVING AND RECONSTRUCTING 66TH AVENUE, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY OR ITS OUTSIDE COUNSEL TO ACQUIRE THE ATTACHED PROPERTIES BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS the continued growth in Indian River County has greatly increased the vehicular traffic within the County roadway network; and WHEREAS the increased traffic has greatly impacted the traffic flow on north/south arterial roadways within the County's roadway network; and WHEREAS there is a great need to relieve congestion on U.S. Highway 1 and other arterial north/south roadways within the transportation network in Indian River County by widening and reconstructing 66h Avenue; and WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of Wh Avenue as a major north/south arterial roadway; and WHEREAS the Board of County Commissioners of Indian River County has considered factors, including, but not limited to, safety, costs, alternate routes and methodologies, long- range planning and environmental matters as applicable to the Parcels and this public project; and WHEREAS the Board of County Commissioners of Indian River County, having considered information provided by the County Public Works Director has determined that it is necessary and in the public interest to acquire fee simple title in the real property identified as Parcel 127 (Lipfert and tenant Tongay), Parcel 128 (Williams), Parcel 130 (Sexton), Parcel 132 (Van Antwerp) and Parcel 151 (Barker/Strickland) more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66a' Avenue, including Side Street, Intersection, Sidewalk and Water Retention Pond Improvements; and WHEREAS the Board of County Commissioners of Indian River County, Florida is authorized pursuant to Chapter 127, Florida Statutes, to acquire property by eminent domain for County purposes, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as follows: 1 124 RESOLUTION 2021 - SECTION 1. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals. SECTION 2. Indian River County,finds it necessary and in the public interest to acquire the interest in the real property described in Composite Exhibit "A" as set forth herein, attached hereto and incorporated herein by reference, for the purpose of improving and reconstructing 66h Avenue, including Side Street, Intersection, Sidewalk and Water Retention Pond Improvements in order to provide for the health, safety and welfare of the growing population of Indian River County. SECTION 3. The County Administrator, County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to acquire in its own name, by donation, purchase or eminent domain proceedings, the real property described in Composite Exhibit "A", in the estate or interest as identified therein, and to have prepared ,in the name of Indian River County, all papers, pleadings, and other instruments required for this purpose, to file a Declaration of Taking upon the filing of any such eminent domain action and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statutes Chapters 73, 74, and 127 are prosecuted through Final Judgment. SECTION 4. The Board of County. Commissioners of Indian River County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River County, outside eminent domain counsel, and any other County employees or agents to take such further actions as are reasonably required to accomplish the purposes identified herein. SECTION 6. This resolution shall take effect immediately upon its adoption. 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 Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 6th day of July, 2021. 2 125 RESOLUTION 2021 - Attest: Jeffrey Smith, Clerk of the Court and Comptroller LOM Deputy Clerk Approved as to form and legal Sufficiency: William K. DeBraal Deputy County Attorney Approved: Jason E. Brown County Administrator INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners :A Joseph E. Flescher, Chairman BCC Approval Date: 126 COMPOSITE EXHIBIT "A" LEGAL DESCRIPTIONS AND SKETCHES OF PARCELS 127, 128, 130, 132, AND 151 TO A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSES OF IMPROVING AND RECONSTRUCTING 66TH AVENUE, INCLUDING SIDE STREET, -INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY OR ITS OUTSIDE COUNSEL TO ACQUIRE THE ATTACHED PROPERTIES BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. 127 N W-*»* E 0 S 100, GRAPHIC SCALE I 67.54' LENGTH a. M � CL N N S89'55'41 "E N89'27'06"W DELTA Z d Q ::3 1 460.11 13080.001.230.48 that thls drawing Is a true and accurate repress ottan thereof to the 3 N07'49'39"E 30' 25' '_�� �o RIGHT OF WAY OFFICIAL RECORDS BOOK( 5 5' M u_ N PAGE i M &C. DEM£7£R, P.SM. NO. 5179 SECTION 31, TOWNSHIP 31 � C-4 W f SOUTH, RANGE 39 EAS T o SECT. to jz DATE' Not valld without the signature and the origlnol raised seal of a F7orlda W �� •/� Wm wyp'�',■pg��® ®p�/�� `` � Ki ■'e V v H®r 1 P O sm"anFr-HOM " r.`s°" Im "'a 7/10/17 W AND SKETCH OF PARCEL 1 27 SHEET NUMBER 1 OF 2 oow�+m eT �D �� W C1 PARCEL 127 O (046,666 C 0 n 'kDBO „ SQ.FT. -E9 RIVER COUNTY, FLORIDA 31393100000700000009 ORB 780, PG 24 TS ¢^ 1.07 ACRES mM .O W z 0 N O O Z MI a V) a P.O.B. t~f, w L1 CANAL R -14E N89'52'55"W 125.78' LATERAL 14E CANAL TOWNSHIP 31 TOWNSHIP 32 77th STREET P.O.C. S.E. CORNER SECTION 31 �— LINE TABLE LINE LENGTH BEARING L1 30.00 N89'27'06"W CURVE TABLE CURVE I LENGTH I RADIUS ITANGENTI CHORD I BEARING DELTA C1 1 460.11 13080.001.230.48 that thls drawing Is a true and accurate repress ottan thereof to the 1 459.68 N07'49'39"E 08'3333" A VENUE LEGEND SECTION LINE EASEMENT LINE PROPERTY LINE This aertiBes that a legal desodption and sketch of the property shown �. PROPOSED RIGHT OF WAY hereon was made under my supervfslan and that this legal descrfptlon 128 PARCEL I and sketch meats the standards of practice set forth by the F7orldo — — RIGHT OF WAY LINE 800rd of Prafesslonal Surveyors and Mappers At Chapter 5J-17, Fforldo Adminlstratim Code, pursuant to Section 472.027, F7oridoStatutes. and P.O.C. POINT OF COMMENCEMENT that thls drawing Is a true and accurate repress ottan thereof to the P.O.B. POINT OF BEGINNING best of my knowledge and belief. Subject as and notations shown R/W ORB RIGHT OF WAY OFFICIAL RECORDS BOOK( hereon' ) PG PAGE i \ _./ __,_ &C. DEM£7£R, P.SM. NO. 5179 FDOT FLORIDA DEPARTMENT OF TRANSPORTATION JUL 2 it 2017 SECT. SECTION • DATE' Not valld without the signature and the origlnol raised seal of a F7orlda Licensed Sures and Mapper. wyp'�',■pg��® ®p�/�� `` � Ki ■'e V v H®r 1 P O sm"anFr-HOM " r.`s°" Im "'a 7/10/17 LEGAL DESCRIPTION AND SKETCH OF PARCEL 1 27 SHEET NUMBER 1 OF 2 oow�+m eT �D onw.n er DM PRaECT No. a+vrav er ECD ++e-54�ms sT.'2M � BE"K w+wjeh$"-Homacau n 'kDBO „ 0 4703 5 0 41 INDIAN RIVER COUNTY, FLORIDA 128 LEGAL DESCRIPTION RIGHT OF WAY PARCEL .ALL THAT. CERTAIN...PIECE, ..PARCEL, OR TRACT OF LAND.. SI.T.UATE,..LYING AND BEING A PORTION OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE, BEARING NORTH 00'32'54" EAST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 1,380.42 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'27'06" WEST, A DISTANCE OF 30.00 FEET TO THE WEST RIGHT OF WAY LINE OF 66TH AVENUE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 89'52'55" WEST, A DISTANCE OF 125.78 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 08'33'33", A CHORD LENGTH OF 459.68 FEET BEARING NORTH 07'49'39" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 460.11 FEET TO A POINT; THENCE, BEARING SOUTH 89-55'41" EAST, A DISTANCE OF 67.54 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 66TH AVENUE; THENCE, BEARING SOUTH 00"32'54" WEST, ALONG SAID WEST LINE, A DISTANCE OF 455.59 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 46,666 SQUARE FEET OR 1.07 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 31. SAIC LINE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. ntE N A DATE SHEET NUMBER °'-� DFD Mm ey»>H®rn 7/10/17 LEGAL DESCRIPTION AND SKETCH OF °N""' B` oFo ©4DI� gMUY Nom+ ♦No �«,.,� me PARCEL 127 2 O F 2 cNEgtm BY ECD M6 un, SILL, suite 20q HERD eFivYl, n Siaeo PROJECT NO, rHouc n4-�w-atoo FAIQ T/2-Tw-atx WW1tl.OlEY-4ptNO[M 047035041 INDIAN RIVER COUNTY, FLORIDA 129 t at 9 M N CURVE If-'AHC:EL 72d W E L1 25.00 S8927'06"E L2 25.59 S89'49'36"E 1 161.97 12920.001 81.01 1 161.95 0 S 100, 1 03'10'42" I PONT OF COMMENCEMENT that this drawing Js a true and accurate ntotfon thereof to the P.O.B. PONT OF BEGINNING best of my knowledge and belief SubJae o notes and notatlons shown R/W ORB PG RIGHT OF WAY OFFICIAL RECORDS BOOK PAGE hereon. � <f-- C— r,— GRAPHIC SCALE FLORIDA DEPARTMENT OF E.C. DEME7ER, P.SM. NO. 5178 TRANSPORTATION EL SECT. SECTION DA 7E• — z¢o 25' 30' PARCEL 128 55 1.923 SQ.FT. O L2 IA 0.04 ACRES z LU t2 C1 .. .. .. .. _. _ ... � KCIDto31393200000500000009.0 IL ORB 571, PG 2035 WL C)u o- NH m 0 0 0 V CANAL L 14E ui TOWNSHIP 32 77th STREET u-� 0 j� SECTION 32, TOWNSHIP 31 y, SOUTH, RANGE 39 EAST a w rn S.W. CORNER SECTION 32 LINE TABLE CURVE UNE LENGTH BEARING L1 25.00 S8927'06"E L2 25.59 S89'49'36"E CURVE TABLE CURVE I LENGTH I RADIUS ITANGENJ CHORD I BEARING DELTA C1 1 161.97 12920.001 81.01 1 161.95 1 S09'38'25"W 1 03'10'42" LEGEND SECTION LINE EASEMENT LINE 130 PROPERTY LINE 7his certitles that a legal descrJptl-n and sketch of the property shown LI—sed Surveyor and Mapper. PROPOSED RIGHT OF WAY hereon was made under my supervision and that this legal description DATESHEET PARCEL and sketch meets the standards of practice set forth by the Florida °© "m W DFD RIGHT OF WAY LINE Board of Professlonal Surveyors and Mappers Jn Chapter 5J-77, F7orlda Administrative Code, pursuant to Section 472.027 or7-d.—Statutes, and P.O.C. I PONT OF COMMENCEMENT that this drawing Js a true and accurate ntotfon thereof to the P.O.B. PONT OF BEGINNING best of my knowledge and belief SubJae o notes and notatlons shown R/W ORB PG RIGHT OF WAY OFFICIAL RECORDS BOOK PAGE hereon. � <f-- C— r,— FDOT FLORIDA DEPARTMENT OF E.C. DEME7ER, P.SM. NO. 5178 TRANSPORTATION 2 4 2017 SECT. SECTION DA 7E• 130 Not valld without the signature and the a0ginal rolsed seal of a F7cvYda LI—sed Surveyor and Mapper. Kimley*Horn DATESHEET LEGAL DESCRIPTION AND SKETCH OF NUMBER °© "m W DFD �, , �� �G 710/17 PARCEL 128 1 OF 2 o�..M By DFD �aeECD _w �� wwe.�w.Ey_HDmtcou Ro,ECT 04703504/ INDIAN RIVER COUNTY, FLORIDA - 130 A a 14 A VE .L 11 LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND " BEING A PORTION OF SECTION 32; TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE, BEARING NORTH 00'32'54" , EAST, ALONG THE WEST LINE OF SAID SECTION 32, A DISTANCE OF 1,599.59 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89'27'06" EAST, A DISTANCE OF 25.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 66TH AVENUE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 00'32'54" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 159.75 FEET TO A POINT; THENCE, LEAVING SAID EAST RIGHT OF WAY LINE, BEARING SOUTH 89'49'36" EAST, A DISTANCE OF 25.59 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2,920.00 FEET. A CENTRAL ANGLE OF 03'10'42 A CHORD LENGTH OF 161.95 FEET BEARING SOUTH 0938'25" WEST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 161.97 FEET TO THE POINT OF BEGINNING. ' THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 1,923 SQUARE FEET OR 0.04 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHINTHE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION 32. SAID LINE BEARS NORTH 00'32'54" EAST. , 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES, i 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. "=—Z"D- ������,��®�'� DATE LEGAL DESCRIPTION AND SKETCH OF s"EEr NUMBER 7/70/17 oC zon mnEv-/ICfIN Nm ASSCfJA1F5, PARCEL128,HOF2 — - smEf.T, = zno. wm euCw, st aaceo rRoEcT NO. INDIAN RIVER COUNTY, FLORIDA aHOH[, nz-saa-a,00 rww nz-.�w.-nx 047035047 rnYW.�r-NOB".cm ' 131 N - W »* E o S 100, GRAPHIC SCALE LINE TABLE LINE LENGTH BEARING L7 P.O. C. N89'27'06"W E 4 CORNER ' SECTION 31 C2 15.98 13050,001 7.99 1 15.98 1 N12'15'21 "E 0 N N N i i M Q ORB OFFICIAL RECORDS BOOK I PG PAGE N O N P.O.B. TCE TEMPORARY CONSTRUCTION 71' 6=007'25'36" S89'S5'16 E ,1 L=378.49' f 6=001'38'49" (TO TCE) L=83.93' DATE• (TO TCE) . .......... _ _ LINE TABLE LINE LENGTH BEARING L7 25.00 N89'27'06"W 25' C2 72.54 81st STREET d- M O A '01af 0 /r a� 68' LLI I ' w .Pi w Z �:Sl a �q W o� Qaz y a � w CL C, webz p CURVE TABLE 10' TCE--+� This cert/Rea that o legal des /ptfon and sketch of the property shown CURVE I LENGTH I RADIUS ITANGENTI CHORD I BEARING T777DELTA Cq Cl 1 579.22 12920.001 290.56 1 578.27 1 N06'43'18"E 11'21'55" C2 15.98 13050,001 7.99 1 15.98 1 N12'15'21 "E 0 N C1 i i 31393100000700000002.0 ORB OFFICIAL RECORDS BOOK I PG PAGE t TCE TEMPORARY CONSTRUCTION w; 6=007'25'36" e _ E.C. DEMETER, P.S.M. NO. 5179 L=378.49' f fj jUL 2 4 2.017 (TO TCE) TRANSPORTATION DATE• SECT. SECTION Cn i PARCEL 130 Lfcsnasd S,—.>or and Mapper. 17,515 SQ. FT. g,� iii ey%%�Horn '0.40 ACRES LEGAL DESCRIPTION AND SKETCH OF i POINT OF HPROXCT REVERSE PARCEL 130 o CURVE / INDIAN RIVER COUNTY, FLORIDA IC5 B �LO • C2 72.54 81st STREET d- M O A '01af 0 /r a� 68' LLI I ' w .Pi w Z �:Sl a �q W o� Qaz y a � w CL C, webz p CURVE TABLE This cert/Rea that o legal des /ptfon and sketch of the property shown CURVE I LENGTH I RADIUS ITANGENTI CHORD I BEARING T777DELTA hereon woe made under my superWefon and that this legal description Cl 1 579.22 12920.001 290.56 1 578.27 1 N06'43'18"E 11'21'55" C2 15.98 13050,001 7.99 1 15.98 1 N12'15'21 "E 00'17'50" LEGEND SECTION LINE EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY 132 This cert/Rea that o legal des /ptfon and sketch of the property shown PARCEL hereon woe made under my superWefon and that this legal description — — RIGHT OF WAY LINE i and sketch meets the standard .or practice set forth by the f7orido P.O.C. POINT OF COMMENCEMENT Hoard or Prafessfonal Su—.j. -s and Mappers fn Chapter 5J-17, Rorfda P.O. B. POINT OF BEGINNING RIW RIGHT OF WAY I Adminlstratfw Code, pursuant to Sectfon 472.027, Rorlldo Statutes, and that thfs drawfng is a true and accurate repress tion thereof to the best of my knowledge and balfef. SubJect t os and nototlons shown ORB OFFICIAL RECORDS BOOK I PG PAGE hereon. /� t TCE TEMPORARY CONSTRUCTION (.� EASEMENT _ E.C. DEMETER, P.S.M. NO. 5179 FDOT FLORIDA DEPARTMENT OF fj jUL 2 4 2.017 TRANSPORTATION DATE• SECT. SECTION Not wild without the signature and the orfglnol raked ova/ of a Ronda Lfcsnasd S,—.>or and Mapper. l'low °�'"'E DFD g,� iii ey%%�Horn LEGAL DESCRIPTION AND SKETCH OF SHEET NUMBER ORA" er DFD HPROXCT PARCEL 130 1 O F 2 w� BY Ew a =' [masr-,ww, — Assoa =t dC H5�4W s , y quo. � 9E"K FL y�DeO INDIAN RIVER COUNTY, FLORIDA »MruaEr-Hoa+i.cw 132 S 66TH A EGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN. .. RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE EAST Y4 CORNER OF SAID SECTION 31; THENCE, BEARING SOUTH 00'32'54" WEST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 235.21 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'27'06" WEST, A DISTANCE OF 25.00 FEET TO A POINT ON THE, WEST RIGHT OF WAY LINE OF 66TH AVENUE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 00'32'54" WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 590.02 FEET TO A POINT; THENCE, LEAVING SAID WEST RIGHT OF WAY LINE, BEARING NORTH 89.55'41" WEST, A DISTANCE OF 72.54 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 00`17'50", A CHORD LENGTH OF 15.98 FEET BEARING NORTH 12'15'21" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 15.98 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2,920.00 FEET, A CENTRAL ANGLE OF 11'21'55 A CHORD LENGTH OF 578.27 FEET BEARING NORTH 06'43'18" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 579.22 FEET TO A POINT; THENCE, BEARING SOUTH 89'55'16' EAST, A DISTANCE OF 7.11 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 17,515 SQUARE FEET OR 0.40 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN 'THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY. IS THE EAST LINE OF SECTION 31. SAID LINE BEARS NORTH 0032'54" EAST.' 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL. DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 133 LEGAL DESCRIPTION AND SKETCH OF SHEET NUM13M nu ��T® ®"yS �� Hoc, wa'SaIH amEr, cure Baa vErw "uctt R 3auao vmw.¢nasr-Raaica 7;;0��� ' PARCEL 130 INDIAN RIVER COUNTY, FLORIDA 2 OF 2 p�pK DM wm�o er ow PROJECT NM 047035041 133 c PI J 1 f 81st STREET w 167.60' S89'48'39E NORTH LINE OF THE SOUTHWEST X OF SECTION 32 P.O.B. N89'48'51'W I RADIUS W Ya CORNER 125.60' I �� SECTION 32 Cl 121.64 PARCEL 132 'o n 43,268 SQ. FT. 3 cmi M 0.99 ACRES cV M I O — �-- RIGHT OF WAY LINE 8— c-- cI 25' that this drawing /v a true and oocuroto repros fOi thoreaf to the m I n o --- 32'., rte, W = 31393j200000500000006.1 OR 268 G 252 �3ad 193 n Ck a W PG PAGE OC, W P N ul Lu EC, DEMETER, P.SAi—NO. 5179 POINT OF I REVERSE Cl CURVE + li 25' I N N89'48'51'W I RADIUS M i; 125.60' I zo Cl 121.64 3080.00 60.63 n SO1'40'47"W mN M hareoo wos mode ✓nder my a✓pervision and thot this loyal des 1ptlon PARCEL and sketch meets the standards or practice set forth by the Florida O — �-- RIGHT OF WAY LINE Board of Professional Surrsyara and Mappers In Chapter 5✓ -17, Florldo Administrotiw Code, pursuant to Sectlon 472.027, Florfdo. Statutes, and OF P.O.C. POINT OF COMMENCEMENT that this drawing /v a true and oocuroto repros fOi thoreaf to the m I n bast of my knowlodge and bvilef.Subfoe notes and nototlons shown rte, W herecr. ORB OFFICIAL RECORDS BOOK �4S PG PAGE - Lu EC, DEMETER, P.SAi—NO. 5179 I I ,OF TRANSPORTATION 3 w 1 Q DA 1- Not wild without the lg—t— and the anginal mised seoi of o Florida I�M i Uconeod Sur r and Mapper. >�xC t'mtOD' �■ g� DATE SHEET NUMBER cD I 7/10/17 LEGAL t DFD UNE TABLE PROJECT LINE LENGTH 1 OF 2 BEARING L1 56.21 i S45'20'01"W CURVE TABLE CURVE LENGTH I RADIUS ANGENT CHORD BEARING DELTA Cl 121.64 3080.00 60.63 121.63 SO1'40'47"W 1 2'15'46" N W >> E 0 S 100' ORAPFIIC SCALE LEGEND SECTION LINE — — EASEMENT LINE PROPERTY LINE This centiles that a fegai descrfptlon and sketch of the property shown PROPOSED RIGHT OF WAY hareoo wos mode ✓nder my a✓pervision and thot this loyal des 1ptlon PARCEL and sketch meets the standards or practice set forth by the Florida — �-- RIGHT OF WAY LINE Board of Professional Surrsyara and Mappers In Chapter 5✓ -17, Florldo Administrotiw Code, pursuant to Sectlon 472.027, Florfdo. Statutes, and P.O.C. POINT OF COMMENCEMENT that this drawing /v a true and oocuroto repros fOi thoreaf to the P.O.B. PONT OF BEGINNING bast of my knowlodge and bvilef.Subfoe notes and nototlons shown , R/W RIGHT OF WAY herecr. ORB OFFICIAL RECORDS BOOK �4S PG PAGE FDOT FLORIDA DEPARTMENT EC, DEMETER, P.SAi—NO. 5179 ,OF TRANSPORTATION jUL_ 2 4 2092 SECT. SECTION DA 1- Not wild without the lg—t— and the anginal mised seoi of o Florida Uconeod Sur r and Mapper. >�xC t'mtOD' �■ g� DATE SHEET NUMBER Kimle�/lMorn 7/10/17 LEGAL DESCRIPTION AND SKETCH OF DFD Qo ams p16L1'-Hg1N ram PROJECT PARCEL 'I 32 1 OF 2 QRoltm w ECD ash II w sR6E, mm 200. v `WE K FL's ""° a "mss°'-"°°`" '�'°' +�° NO. oa�ossoai , INDIAN RIVER COUNTY, FLORIDA I P, r 4 LAL DESCRIPTION R GHT OF WAY PARCEL ALL: THAT CERTAINPIECE;' PARCEL OR TRACT OF LAND' SITUATE, LYING AND BEING A PORTION OF SECTION 32 TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LAi4DS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; BEGINNING FOR REFERENCE AT THE WEST X CORNER OF SAID SECTION 32; THENCE, BEARING SOUTH 89'48'39" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST X OF SAID SECTION 32, 'A DISTANCE OF 167.60 FEET TO A POINT; THENCE, LEAVING SAID NORTH LINE. BEARING SOUTH 45'20'01" WEST, A DISTANCE OF 56.21 FEET TO A POINT; THENCE, BEARING SOUTH 00'32'54" WEST, A DISTANCE OF 171.42 FEET TO A POINT; i SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 02'15'46 A CHORD LENGTH OF 121.63 FEET BEARING SOUTH 01'40'47" WEST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 121.64 FEET TO A POINT; I THENCE, BEARING NORTH 89'48'51" WEST, A DISTANCE OF 125.60 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 32; THENCE, BEARING NORTH 00"32'54" EAST, ALONG SAID WEST LINE, A DISTANCE OF 332.65 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 43,268 SQUARE FEET OR '0:99 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. PROPOSED ACQUISITION PARCEL ACREAGE = 0.99 ACRES THAT IS ENCUMBERED BY THE FDOT 0.19 ACRES RIGHT—OF—WAY i SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION 32. SAID LINE BEARS NORTH 00'32'54" EAST. , 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. N A �s DATE SHEET NUMBER DFD 7�1D�1 , LEGAL DESCRIPTION AND SKETCH OF BY DFD m-x�R+ A,� Rx t PARCEL 132 2 OF 2 __ BY E� 1s6 TI rn ET. w1T6 ]O0. �41to BFJ.W. tt ]deo PROJECT NO. Pxoxa m -,.,-.,Do>..,,. CO=-A.-„� o47D35D41 INDIAN RIVER COUNTY, FLORIDA wroJc�a.Er-Nanx.Dw W11 66TH A VENUE N Not fv/(d without the ttgnoture and the or/glnol tufted serol of a N-lda M PARCEL 151 LLJ0' ,N M ,q E q W » E 14E TCANAL 6 o PROPOSED RIGHT OF WAY 77,ts cart/Res that o legal dascrlptl- and sketch of the property shown CANAL S R -14E il� 100' �' z tG—RAPHIC Z I 150.6' SCALE AdminfatratIm Coda, pursuant to Section 472-027, Rarfdc Statutas, and that this drowlrtg )s a true and acwrota ropnesentatfon thereof to the I' 1 best of my knowledge and belief. Subjbct to notes •and notal/ons shown N 100.6' 5' RIGHT OF WAY 30' 5' i` OFFICIAL RECORDS BOOK PAGE ^ 2 - (� ! _ 25' FLORIDA DEPARTMENT OF E- oEMEIER, P,$.M. NO. 5179 PARCEL 151 Za i � +I z 4,553 SQ.FT. +I � 0.10 ACRES u) z 1 Cr CV M -j C O U ✓~i t �, 31393200000500000010.0 _ o ORB 2036,.. PG 408 W11 SECTION LINE Not fv/(d without the ttgnoture and the or/glnol tufted serol of a N-lda — — LLJ0' rl-5'Q er o PROPOSED RIGHT OF WAY 77,ts cart/Res that o legal dascrlptl- and sketch of the property shown IC.0 Icc s/7o/17 ¢�� and sketch meets the atondords of practice set forth by the Rorfdo m'0 RIGHT OF WAY LINE cV P.O.C. pM O AdminfatratIm Coda, pursuant to Section 472-027, Rarfdc Statutas, and that this drowlrtg )s a true and acwrota ropnesentatfon thereof to the Z 1 LEGAL DESCRIPTION RIGHT OF WAY PARCEL THE WEST 25.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 2036, PAGE 408 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE WEST 135 FEET OF THE NORTH Y2 OF THE NORTH Y2 OF THE SOUTHWEST Y4 OF THE SOUTHWEST Ya OF SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS CANAL RIGHT OF WAY AND LESS THE NORTH 150.6 FEET THEREOF, AS DESCRIBED IN OFFICIAL RECORDS BOOK 254, PAGE 125 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. ' CONTAINING 4,553 SQUARE FEET OR 0.10 ACRES, MORE OR LESS. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE WEST LINE OF SECTION 32. SAID LINE BEARS NORTH 00'32'54" EAST, 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. LEGEND SECTION LINE Not fv/(d without the ttgnoture and the or/glnol tufted serol of a N-lda — — EASEMENT LINE PROPERTY LINE er o PROPOSED RIGHT OF WAY 77,ts cart/Res that o legal dascrlptl- and sketch of the property shown SHEET NUMBER hereon was made under my a✓pervitfon and that thfs legal descr/ptloa s/7o/17 PARCEL and sketch meets the atondords of practice set forth by the Rorfdo - - RIGHT OF WAY LINE Board of Piofessfonol Surveyors and Mappe-s fn Chapter 5J-17, Rorlda P.O.C. POINT OF COMMENCEMENT AdminfatratIm Coda, pursuant to Section 472-027, Rarfdc Statutas, and that this drowlrtg )s a true and acwrota ropnesentatfon thereof to the P.O.B. POINT OF BEGINNING best of my knowledge and belief. Subjbct to notes •and notal/ons shown R/W RIGHT OF WAY hereon. ORB PG OFFICIAL RECORDS BOOK PAGE ^ 2 - (� ! _ FDOT FLORIDA DEPARTMENT OF E- oEMEIER, P,$.M. NO. 5179 TRANSPORTATION JUL Z 4 2417 SECT. SECTION DAM ----_._,�.__... ---- - -----:136--------�: Not fv/(d without the ttgnoture and the or/glnol tufted serol of a N-lda Llcenaed Surveyor and Mapper. er �'����,�®T'� DATE LEGAL DESCRIPTION AND SKETCH OF SHEET NUMBER s/7o/17 In CFD � m1� KW l'-HptN Alm 116mGlInT-n MR PARCEL 151 1 OF 1 '5 aim er Eco ua'istN stagy ame ave, wm ecwo� n Szceo rNONc: m-n�--sloe r,�c >rt-�w-suo PROJECT No. INDIAN RIVER COUNTY, FLORIDA WWWJOWtT NORN.0.L 047075047 ' ----_._,�.__... ---- - -----:136--------�: N W » E 0 S 100' GRAPHIC SCALE 14ATCANAL I UI I RAl14E I' l� o z3ed w� �I 151.6' z r 100.6' 25' —PARCEL 151 4,553 SQ.FT. 0.10 ACRES 31393200000500000010.0 ORB PG 408 R i Ew l DESCRIPTION RIGHT OF WAY PARCEL THE WEST 25.00 FEET THE FOLLOWIG DESCRIBED IN OFFICIAL RECORDS OOKF2 36, PAGE 408 OF THE PUBLICCEL RECORDSECORDED OF INDIAN r� RIVER COUNTY, FLORIDA. 'WESTTHEOF THE OF UWY4 OFTHE SOUTHWEST A OSECION 32,TOWNSHI3SUTH,RANGE39EAST LESS CANAL RIGHT OF WAY AND LESS THE NORTH 150.6 FEET THEREOF, AS DESCRIBED IN OFFICIAL RECORDS BOOK 254, PAGE 125 OF THE PUBLIC RECORDS -H e�p C4 f SURVEYORS NOTES P � hereon was mode under my supervision and that this leg-/ desariptlon 25' —PARCEL 151 4,553 SQ.FT. 0.10 ACRES 31393200000500000010.0 ORB PG 408 R i Ew l DESCRIPTION RIGHT OF WAY PARCEL THE WEST 25.00 FEET THE FOLLOWIG DESCRIBED IN OFFICIAL RECORDS OOKF2 36, PAGE 408 OF THE PUBLICCEL RECORDSECORDED OF INDIAN r� RIVER COUNTY, FLORIDA. 'WESTTHEOF THE OF UWY4 OFTHE SOUTHWEST A OSECION 32,TOWNSHI3SUTH,RANGE39EAST LESS CANAL RIGHT OF WAY AND LESS THE NORTH 150.6 FEET THEREOF, AS DESCRIBED IN OFFICIAL RECORDS BOOK 254, PAGE 125 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINING 4,553 SQUARE FEET OR 0.10 ACRES, MORE OR LESS. n SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY hereon was mode under my supervision and that this leg-/ desariptlon RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, 15 THE WEST LINE OF SECTION 32. SAID PARCEL LINE BEARS NORTH 0032'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. Soa,d of professlanal Surveyors and Aioppers !n Chopter 5✓ -77. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT RE OF WAY MAP FOR 56TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED RIGHT OF WAY UNE 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. t LEGEND SECTION LINE ^ --- — EASEMENT LINE PROPERTY LINE Wh oortlfles that o logoi fescrfpv— and sketch of the property shown PROPOSED RIGHT OF WAY hereon was mode under my supervision and that this leg-/ desariptlon PARCEL and sketch masts the standards of Pmctice set forth by the Florida Florida Soa,d of professlanal Surveyors and Aioppers !n Chopter 5✓ -77. — — RIGHT OF WAY UNE Adminlstrative Code, pursuant to Sectlon 472-027, F7arlda Statutes, and P.O.C. POINT OF COMMENCEMENT that this drawing Is a true and accurate nvpmsentatlon thereof to the knowledge and ballet. Sub,'ect to notes -and nototlons shown P.O.B. POINT OF BEGINNING best of my hereon. R/W ORB RIGHT OF WAY OFFICIAL RECORDS BOOKPG PAGE DEPARTMENT OF EC. o h(CTER, p,�M. NO. 5179 FDOT FLORIDA TRANSPORTATION JUL 2 4 2417 SECT. SECTION oat Not wild without the sl9nafure and the orfglnal raised seat of o Florldo Licensed Surve r and Moppe, " LEGAL DESCRIPTION AND SKETCH OF sHEsi NUMBER wkaer D� �Cimle�i>�l- orn 5/30/17 PARCEL 151 1 OF 1 UMVM BY a�`""a "°�o«<�"�m INDIAN RIVER COUNTY, FLORIDA ECD �a'�`��.+�"" oa oaso4i 13,6 Office Of Attorney's Matters 07/06/2021 INDIAN RIOTER COUNTY ATTORNEY �LORIpQ` Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: June 29, 2021 SUBJECT: Acquisition of Right -Of -Way from the Fredrick L. Lipfert and Norma C. Lipfert Trust for Phase 11 of 66th Avenue Improvements — 7905 66th Avenue, Parcel 127 The Fredrick L. Lipfert and Norma C. Lipfert Trust (the Lipferts) is the owner of a 12.25 acre parcel of property on the west side of 66th Avenue as shown below as Figure 1. Figure 1. Lipfert pMpeLty aerial photo f. { 138 Lipfert 66th Avenue Parcel 127 June 29, 2021 Page 12 The County needs to acquire a 1.07 -acre strip of right-of-way along the eastern boarder of the property. The oblong strip extends 455' along 66th Avenue beginning at a width of 126 feet at the south narrowing to 68 feet at the north end of the property. The property is used for horse boarding and is improved with a barn, riding ring, a small residence and pastures divided into five paddocks. Improvements to the property to be taken include fencing, shade trees, a driveway and a part of the eastern most pasture paddock. The property is zoned A-1, Agricultural, up to'one unit.per five acres. The property also has a tenant, Empire Equine, owned by Amanda Tongay. Ms. Tongay operates. a horse boarding business on the property and resides in the small residence on site. According to state statutes, tenants are entitled to notice and possible damages due to the take. Ms. Tongay, through her attorney Mickey Barkett, is in the process of compiling documents to be reviewed by the County in order to assess her damage claim. This settlement with Mr. Lipfert will not affect the potential claim of Empire Equestrian. Please see the sketch and legal description attached to the Agreement that is included with this memorandum. Mr. Lipfert has asked and the County has agreed that at the time of construction of this phase of 66th Avenue, that the fence will be either relocated or replaced at the new right-of-way line at the County's expense. The County's appraisal for Parcel 127 was performed by Armfield & Wagner. They assigned a value of $28,400 for the land and $7,500 for the improvements for a total of $35,900. The appraisal did not find any severance damages. Mr. Lipfert counter offered with $42,500 per acre for the land and the County would relocate or repair the fencing at the County's expense. Total acquisition cost for Parcel 127 1'.07 acres @$42,500/acre = $45,475. There are no expert witness fees or attorney's fees in this acquisition. By comparison, in February 2017, the County purchased the 18.72 -acre Greene property located at the northeast corner of 66th Avenue and 53rd Street for a future stormwater park for $558,900 ($29,855 per acre) which was an arm's length transaction without the threat of eminent domain. The County previously purchased the. Miami Block from Central Groves at the southwest corner of 66th Avenue and 69th Street for $35,250/acre for the entire 18.59 parcel ($655,298:00) and $42,500/acre for 13.78 acres from Central Groves on the west side of 66th Avenue at 61 st Street. As this acquisition did not involve any fees or costs, staff has followed the Board's direction of maximizing the return to the landowner. STAFF RECOMMENDATION: Staff recommends the Board approve the Agreement for the Lipfert property and authorize the Chairman to execute the document on behalf of the Board. 139 Lipfert 66th Avenue Parcel 127 June 29, 2021 Page 13 FUNDING: Funding in the amount of $45,475 for the acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave/69th Street — 85th Street, Account# 10215141-066120-16009 Attachments: Agreement with the sketch and legal description of right-of-way Parcel 127 Copies to: Fredrick Lipfert 140 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT is entered into as of the day of June, 2021, by and between. Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 ("County"), and Fredrick L. Lipfert, Trustee of the Frederick L. Lipfert and Norma C. Lipfort Trust Agreement dated February 14, 2013, whose address is 2536 1st Street, Vero Beach, FL 32962 ("Lipfert"). WHEREAS_, Lipfertowns a.12.25-acre_parcel of improved land located at 7905 66th Avenue, Vero Beach, FL 32966 on the west side of 66th Avenue and north of 61St Street as depicted on the aerial photo attached as Exhibit "A"; and WHEREAS, the parcel is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary; and WHEREAS, County is undertaking a road expansion project consisting of the widening of 66th Avenue north of 49th Street to County Road 510, for which County needs a 1.07 acre parcel of property (Property) at the eastern edge of the parcel to be used as right-of-way; and . . WHEREAS, in, order to avoid the.uncertainty of trial and the costs of litigation, the Parties have agreed to purchase and sell the above parcel of Property to be used for the second phase of the 66t' Avenue Improvement Project. 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: Recitals. The above recitals are true and correct and are incorporated herein. 1. Agreement to Purchase and Sell. Lipfert hereby agrees to sell to the County, and the County hereby agrees to purchase from Lipfert, upon the terms and conditions set forth in this Agreement, the 1.07 acre parcel of real property and more specifically described in Exhibit "B" attached and incorporated by reference herein. 2. Purchase Price; Effective Date. The ,purchase price (the "Purchase Price' for the Property shall be FORTY-FIVE THOUSAND FOUR HUNDRED SEVENTY FIVE dollars ($45,475.00). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, by the Indian River County Board of County Commissioners at a formal meeting of such Board. 3. Title to the Property. Lipfert shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Lipfert; .but. subject to property taxes for the year of Closing and subject to covenants, restrictions and public utility easements of record provided (a) there exists at Closing no 141 violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property. 4. County may order an Ownership and Encumbrance Report with respect to the Propoerty. County shall, within thirty (30) days from receipt of the. Ownership and Encumbrance Report, deliver written notice to Lipfert of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Lipfert cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Lipfert shall use best efforts to cure the defects within the -Curative -Period and .if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Lipfert, to: (i) terminate this Agreement, whereupon it shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 5. Representations of Lipfert. 5.1 Lipfert is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey.and transfer the Property, which is the subject matter of this Agreement, free and clear of all liens and encumbrances, except for the lease held by Amanda Tongay. 5.2 From and after the Effective Date of this Agreement, Lipfert shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 5.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 6. Default. 6.1 In the event the Lipfert shall fail to perform any of its obligations hereunder, the County shall be entitled to: (i) terminate this Agreement by written notice delivered to the Lipfert at or prior to the Closing Date, and pursue all remedies available hereunder and under applicable law; (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive Lipfert's default and proceed to Closing. 6.2 In the event of a default by the County, the Lipfert shall be entitled, as its sole remedy hereunder, to terminate this Agreement. Lipfert shall have no claim for specific performance, damages or otherwise against the County. 2 142 7. Closing. 7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) Lipfert shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraphs 3 and 4 respectively. (b) Lipfert shall have removed all of its personal property and equipment from the Property and shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Lipfert is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) Lipfert shall deliver to the County an affidavit, in form acceptable to the County, certifying that Lipfert is not a non-resident alien or foreign entity, such that Lipfert and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) Lipfert and thea County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction, including any corrective documents. 7.2. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents. County shall pay the following expenses at Closing: (a) The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. (b) Documentary Stamps required to be affixed to the warranty deed. (c) All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8. Prorations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by Lipfert. if the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, Lipfert shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January 1 and November 1, Lipfert shall, in accordance with Florida Statutes Section '196.295, deposit into escrow with the Tax Collector, an amount equal to the current real estate taxes and assessments, prorated to the Closing Date. 143 9. Miscellaneous. 9.1 Controllinq Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Conveyance in Lieu of Eminent Domain. It is understood by the parties that this contract is entered into by Lipfert under the threat and in lieu of condemnation.. _ 9.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between Lipfert and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.4 Assignment and Binding Effect. Neither County nor Lipfert may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via `overnight" courier service or facsimile transmission, as follows: If to Lipfert: Fredrick Lipfert 2536 1St Street Vero Beach, FL 32962 If to County: Indian River County 1801 271h Street Vero Beach, FL ,32960 Attn: Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any. instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the .19 144 other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.7Attorney's Fees and Costs., In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses. 9.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.9. County Approval Required. This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.10 Replacement of Fencing Along the Property. At the time of construction, the County shall, at its own cost, .remove the existing fencing along the current right-of-way line and either relocate it or replace it with similar fencing at the new right-of-way line. SIGNATURES ON THE FOLLOWING PAGE 145 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. The Frederick L. Lipfert and Norma C. Lipfort BOARD OF COUNTY COMMISSIONERS Trust Agreement dated February 14, 2013 INDIAN RIVER COUNTY, FLORIDA By: By: Fredrick L. Lipfert, Trustee Joseph E. Flescher, Chairman Date Signed: Date Signed: ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: Deputy Clerk Approved as to form and Indian River. County Administrator legal sufficiency: By: By: William K. DeBraal Jason E. Brown Deputy County Attorney 52-01-VER\24 on 146 ..;ta;�[t±'::.,tivN:t[::ds.•A.,%>:•�q:.t.4iw.•...� 1.vL.,T.Q+(:11Rq.:n:.i:^.["�qf-t?�'hE.'Y2f'.s'yii� 6� C U yam?. Indian River County, FL All Lot Overview Legend ❑ Parcels Street Centerlines ❑ Lots and Units Subdivisions Water rdrGC11U J1J7J1WWV/% AAAAN7.V rroplU 37v71 vwner L1rrtK1 rKLUtK1#_KLt%_V1K) LaSLZJaIes Seclrwp/Rng 31-31-39 Class 6900 -Om Address andNORMAC(COTR) Date Price Instr Qual Property 790566TH AV Nurs,HorseFrm,Misc 25361ST ST Type Address VERO BEACH Ag VERO BEACH, FL 32962 2/1/2013 $100 Quit U Acreage 1225 Claim n/a 0 n/a n/a Plat Book Link District i- NORTH COUNTY W/SEB INLET Brief Tax Description N1/2OFFOLLDESCPROP: BEG 275YDS S,480YDS EFROM THE NWCOR OFSEV4;S3025YDS; E400YDS;RUN N ALONG E BDRYLINE OF 1/4 SEC 302.5 YDS; RUN W 400 YDS TO POB, LESS RD R/W (OR BK 399 PP 863) (Note: Not to be used on legal documents) Date created: 6/29/2021 Last Data Uploaded: 6/29/20216:29:48 AM Developed by(* Schneider OEOSAATIAL 147 N W »9 E 0 S loo' . GRAPHIC SCALE w o 67 d N NS89'5 1 _=—i 0 W 4. N SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST C1 31393100000700000009.0 ORB 780. PG 24 125.78' N LATERAL 14E CANAL � w fV O TOWNSHIP 31 SOUTH Z TOWNSHIP 32 SOUTH 77th STREET CANAL R-14 ,o M P.O.C. S.E. CORNE SECTION 31 LINE TABLE / et LENGTH BEARING / !t) M UJ N89"27'06"W o N' � Z 1 460.11 13080.001 uj /46.666 1. N0749'39"E Q OFFICIAL .RECORDS BOOK PG PAGE FDOT PARCEL 127 SQ.FT. Co ' W 1.07 ACRES SECTION - z 0 047035041 INDIAN RIVER COUNTY, FLORIDA 125.78' N LATERAL 14E CANAL � w fV O TOWNSHIP 31 SOUTH Z TOWNSHIP 32 SOUTH 77th STREET CANAL R-14 ,o M P.O.C. S.E. CORNE SECTION 31 LINE TABLE LINE LENGTH BEARING L1 30.00 N89"27'06"W CURVE TABLE CURVE I LENGTH I RADIUS ITANGENICHORD PARCEL I BEARING I DELTA C1 1 460.11 13080.001 230.48 1 459.68 1. N0749'39"E 1 08'33'33" LEGEND SECTION LINE EASEMENT LINE Oils cert/f7es that a legal descNptlon and sketch of the property shown hereon was made under my sup—Won and that this legal descHpt/on and sketch meets the standards of practice set lbrth by the Ronda Board of Professional Sur yws and Mappers In Chapter 51-17. RoNda Administrotim Code. -pursuant to Section 472.027, RorhiwStatutes, and that this drow/ng le a &.a and accurate ropros (rm thereof to the best of my knowledge and balief. Sub�bdt o es and notations shown hereon. EC. DEMEMR, P.S:M. NO. 5179 DATE: JUL 2 a: 2017 Not wild wJthout the s/gnature and the orlg/nal ralsed seal of o RoNda PROPERTY LINE PROPOSED RIGHT OF WAY IUeensed Surveyor and Mop en PARCEL Y RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING R/W RIGHT OF WAY ORB OFFICIAL .RECORDS BOOK PG PAGE FDOT FLORIDA DEPARTMENT OF O �� _X� TRANSPORTATION SECT. SECTION Oils cert/f7es that a legal descNptlon and sketch of the property shown hereon was made under my sup—Won and that this legal descHpt/on and sketch meets the standards of practice set lbrth by the Ronda Board of Professional Sur yws and Mappers In Chapter 51-17. RoNda Administrotim Code. -pursuant to Section 472.027, RorhiwStatutes, and that this drow/ng le a &.a and accurate ropros (rm thereof to the best of my knowledge and balief. Sub�bdt o es and notations shown hereon. EC. DEMEMR, P.S:M. NO. 5179 DATE: JUL 2 a: 2017 Not wild wJthout the s/gnature and the orlg/nal ralsed seal of o RoNda Ir:X'� 148 . IUeensed Surveyor and Mop en Y ,-vtOO• UAh SNEET NUMBER °cn g Kimley >H®rp �/10/17 LEGAL DESCRIPTION AND SKETCH OF °`� O �� _X� PARCEL127I OF2 PROXCT N0. - Me St1t1E 1D4 ♦F1e0 matmeo °"°a"'=-'°' "°°°" '�-'°"•"° wne.KrEr-xaRN.car 047035041 INDIAN RIVER COUNTY, FLORIDA Ir:X'� 148 LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND .BEING. A_ PORTION OF_ SECTION -.31, .TOWNSHIP-31--SOUTH,.-RANGE-39 EAST, -INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE, BEARING NORTH 00'32'54" EAST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 1,380.42 FEET TO A POINT; THENCE. LEAVING SAID EAST LINE, BEARING NORTH 89.27'06" WEST, A DISTANCE OF 30.00 FEET TO THE WEST RIGHT OF WAY LINE OF 66TH AVENUE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 89'52'55" WEST, A DISTANCE OF 125.78 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY. HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 08.33'33". A CHORD LENGTH OF 459.68 FEET BEARING NORTH 07'49'39" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 460.11 FEET TO A POINT; THENCE, BEARING SOUTH 89'55'41" EAST, A DISTANCE OF 67.54 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 66TH AVENUE; THENCE. BEARING SOUTH 00'32'54" WEST, ALONG SAID WEST LINE, 'A DISTANCE OF 455.59 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES''CONTAIN AN AREA OF 46;666 SQUARE FEET OR 1.07 ACRES. MORE OR LESS. SUBJECT TO ALL EASEMENTS. CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. _SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY, 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 31. SAIC LINE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. S`A1C NSA • - - SNEET NUMBER °gym•' DFD Klmley*Horn 7/10/17 LEGAL DESCRIPTION AND SKETCH OF PARCEL 127 2 OF 2a • °FD PROJECT wsocm w ECD a.a�insmnx °"°"� "Z-'°'-"°° •"� "� �'-•'� .•a�..er-NwN.od. Na 047035041 INDIAN RIVER COUNTY, FLORIDA 149