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HomeMy WebLinkAbout2022-066A TRUE COPY CERTIFICATION ON LAST PAGE J,R, SMITH, CLERK ATTACHMENT "B" CITY OF VERO BEACH VERO BEACH REGI ?NAL ,AIRPORT STANDARD LEASE PROVISIONS FOR AIRPORT TENANTS EFFECTIVE FEBRUARY 16, 2016 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK ATTACHMENT B STANDARD LEASE PROVISIONS FOR AIRPORT TENANTS Table of Contents 20. Payment and Performance Bonds ................................................ 30 Page 2 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx Page 1. Ownership Held by Landlord ..................................................... 4 2. Rental Adjustment..................................................................... 4 3. Assignment.............................................................................. 5 4. Alterations................................................................................ 6 5. Assignment of Rents.................................................................. 7 6. No Abatement of Rents............................................................... 7 7. Limitation on Landlord's Liability ................................................... 7 8. Sales Tax on Rental Payments .................................................... 8 9. Indemnification......................................................................... 10 10. Insurance................................................................................ 10 11. Use of Leased Premises; Restrictions on Use ................................. 13 12. Construction of Improvements...................................................... 15 13. Responsibility for and maintenance of Leased Premises ................... 17 14. Default................................................................................... 18 15. Surrender at End of Term........................................................... 24 16. Holdover Tenancy..................................................................... 24 17. Accord and Satisfaction/Waiver................................................... 25 18. Mortgaging the Leasehold.......................................................... 25 19. Environmental Provisions........................................................... 27 20. Payment and Performance Bonds ................................................ 30 Page 2 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY RTIFICATION ON LAST PAGE `IAITH, CLERK ATTAC HMENT B STANDARD LEASE PROVISIONS FOR AIRPORT TENANTS (Effective Date - February 19, 2016) 1. OWNERSHIP HELD BY LANDLORD: The TENANT is granted a leasehold in government property at the Vero Beach Regional Airport ("Airport") under this Lease Agreement with the land, buildings, and other improvements being retained by LANDLORD as a leased fee. All building and other improvements to real property (including those built or otherwise added by TENANT) shall be owned by LANDLORD from the outset and remain government property throughout the term of this Lease Agreement. LANDLORD'S retained interest does not diminish or abridge any leasehold interest conveyed to TENANT hereunder. 2. RENTAL ADJUSTMENT: (a) Annual Rental Adiustment: Beginning on October 1 st of the year following the year in which the Lease Agreement is executed, and annually on each October 1st thereafter, including the renewal term pursuant to an option exercised under the Lease Agreement, if any, the rent shall be adjusted in accordance with the percentage change in the index known at the time the Lease Agreement is executed as the "United States Bureau of Labor Statistics Consumer Price Index (CPI) for All Urban Consumers," using the July to July report. This adjustment shall be referred to as "the CPI adjustment." If the CPI ceases to be published, the successor index shall be used. In no event shall the rental rate be less than the rental rate set for the previous year of the Lease Agreement. (b) Option to Renew Rental Adjustment: If TENANT exercises an option to renew, if applicable, in addition to Paragraph (a) above, the portion of TENANT'S rent Page 4 of 38 N:\Client Docs\Airport\Attachment B\2016. February_16.ATMCHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 21. Notices................................................................................... 31 22. Real Estate Commission............................................................ 32 23. Entry of Landlord...................................................................... 32 24. Construction............................................................................ 32 25. Litigation................................................................................. 33 26. Miscellaneous Provisions............................................................ 35 Page 3 of 38 N:\Client Docs\Airport\Attachment 8\2016.February.16.ATTACEMENT S.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK per year allocated to structures and improvements shall be adjusted to an amount equal to ten percent (10%) of the appraised value of all structures and improvements existing on the Leased Premises at the commencement of the renewal term. In no event shall the rental rate be less than the rental rate set for the previous year of the Lease Agreement. This rental adjustment shall continue in force for the duration of the renewal term. The appraisal shall be performed by a state certified general real estate appraiser agreed to by LANDLORD and TENANT. 3. ASSIGNMENT: TENANT shall not, either directly or indirectly by any means, assign, sublease, hypothecate or transfer the Lease Agreement or any interest therein, or any portion of the Leased Premises, including any improvements thereon, without the express written consent of the LANDLORD. LANDLORD shall not unreasonably withhold consent. However, any proposed assignee, sublessee, or transferee shall meet all lease requirements for such assignment, subleases, or transfer. In no event shall LANDLORD'S granting of consent to one or more assignments, subleases, hypothecations, or transfers constitute a waiver of LANDLORD'S right to refuse consent as to subsequent assignments, subleases, hypothecations, or transfers. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law, without the express written consent of the LANDLORD. TENANT agrees that use of the Leased Premises or any portion thereof by any subtenants, suboperators, or submanagement shall not diminish in any way rents due LANDLORD from TENANT. If this Lease Agreement is assigned, or if the Leased Premises or any part thereof is sublet or occupied by anybody other than TENANT, with or without LANDLORD'S consent, LANDLORD may collect rent directly from such assignee, sub -lessee or occupant, and apply the net amount collected to the Page 5 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGII J.R. SMITH, CLERK rent herein reserved. However, no such collection of rent shall be deemed a waiver of this covenant, or shall be deemed the acceptance of such assignee, sub -tenant or occupant as, or in place of, TENANT, or a release of TENANT for obligations on the part of TENANT herein contained. Stock transfers, asset transfers, and any other ownership transfer of a tenant that changes the management or policy making individuals of the TENANT shall be considered an "indirect transfer" of the Lease, requiring the express written consent of the LANDLORD prior to any such transfer or change in ownership or management. Any assignment or sublease shall be subject to the terms of the Lease Agreement with TENANT and all attachments and amendments. Any assignment or sublease without the express written consent of the LANDLORD shall be void abinitio, and TENANT'S lease shall remain in full force and effect. 4. ALTERATIONS: TENANT shall not make any alterations, changes, additions, or improvements to the Leased Premises without the prior express written consent of the LANDLORD. All work shall be performed in a good and workmanlike manner and shall be made in accordance with plans and specifications approved by LANDLORD, and with all applicable laws, rules and regulations, including, without limitation, the Americans With Disabilities Act. In the event that any governmental authority directs any modification or alteration to the Leased Premises as the result of TENANT'S occupancy, TENANT shall pay for the cost of the modification or alteration. If, because of any act or omission of the TENANT, his successors or assigns, any mechanic's, materialman's, laborer's, or any other lien or other order for payment of money shall be recorded against the Leased Premises, or any part thereof, or otherwise asserted against the LANDLORD, then the TENANT shall, at TENANT'S own cost and expense, cause the same to be satisfied, cancelled, and discharged of record, and further shall Page 6 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.doCx H TROE COPY 13TIFICATION ON LAST PAGE A: SMITH, CLERK indemnify and hold harmless the LANDLORD from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney's fees, through trial and appeal, resulting therefrom or by reason thereof. 5. ASSIGNMENT OF RENTS: As additional security under the Lease Agreement, TENANT assigns, transfers, and sets over unto LANDLORD all of the rents for the Leased Premises accruing to TENANT pursuant to any assignment or sublease whether approved by LANDLORD or not; this assignment shall become operative upon any default by TENANT under the terms of the Lease Agreement and shall remain in full force and effect so long as any default continues to exist in the making of any of the payments or performance of any of the covenants of the Lease Agreement, and LANDLORD shall have the right to collect same directly from the person(s) or entity in possession. 6. NO ABATEMENT OF RENTS: No diminution or abatement of rent or offset shall be claimed or allowed for any reason whatsoever. If TENANT has a disagreement or claim arising from the Lease Agreement or the Leased Premises, TENANT shall make such disagreement or claim known to LANDLORD in writing, but TENANT shall continue to pay all rents, fees and applicable federal, state, and local taxes, fees, and assessments as they become due. Failure by TENANT to pay all monies as they become due may be deemed a default under the terms of the Lease Agreement at LANDLORD'S sole option. 7. LIMITATION ON LANDLORD'S LIABILITY: (a) TENANT accepts the condition of the Leased Premises as is and recognizes and agrees to fully assume all risks, known and unknown, that arise or might arise incidental to, arising out of, or in any way connected with use of the Leased Premises, the Airport, Page 7 of 38 17:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK and the roadways and other means of ingress and egress, and on behalf of itself, its successors, assigns, administrators, receivers, and trustees, release and forever discharge the LANDLORD, its elected officials, officers, employees, agents, their successors, and assigns, of and from any and all liabilities, claims, demands, damages, actions, costs, or expenses of any nature, known or unknown, arising out of or in any way connected with such uses by TENANT. TENANT understands and agrees that this release includes claims based on the negligence, actions, or inaction of the LANDLORD and the other above released individuals and entities and covers any cause or condition whatsoever, including, but not limited to, bodily injury, death, and property damage or loss. LANDLORD makes no warranty of the suitability of the Leased Premises for any particular use contemplated by TENANT. (b) LANDLORD shall not be liable to TENANT for any claim for compensation or any losses, damages or injuries sustained by TENANT resulting from failure of any water supply or sewer service, heat or electrical current, whether on the surface or underground, including, but not limited to, stability, moving, shifting, settlement, or displacement of materials by fire, water, windstorm, tornado, act or state of war, civilian commotion or riot, or any other cause beyond the control of LANDLORD. 8. SALES TAX ON RENTAL PAYMENTS: (a) LANDLORD and TENANT acknowledge that the rental payments established in the Lease Agreement are rental payments for the right to occupy the real property and are subject to the commercial rental tax imposed under section 212.031, Florida Statutes. Such tax payment, together with any locally imposed commercial rental surtax, shall be paid by the Airport Tenant, with each payment of rent. Any payments by TENANT to LANDLORD, over and above the rental payments, which are Page 8 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK in the nature of a concession or franchise payment for the privilege of doing business on airport property, and not for the right to occupy and possess the real estate, when paid to LANDLORD for such privilege, shall be deemed payments as defined in section 212.02(10)(j), Florida Statutes. (b) Local Ad Valorem Taxes: Section 196.199(2)(b), Florida Statutes, imposes regular local property taxes on government leaseholds not performing governmental, municipal, or public purposes or activities. These taxes are imposed on TENANT'S leasehold interest. LANDLORD'S leased fee remains exempt, including all buildings and other leasehold improvements, unless owned by TENANT. If the leasehold, through the use of the TENANT, is serving a governmental, municipal, or public purpose, as defined in section 196.012(6), Florida Statutes, the leasehold is not subject to tax. (§196.199(2)(a), Fla. Stats.) Regardless, non -ad valorem fees may be imposed by local governmental units which are levied against and payable by TENANT whether TENANT is subject to regular ad valorem taxes, or not. LANDLORD is not subject to such non -ad valorem fees, under this leasehold, and such fees must be paid by TENANT. LANDLORD cannot and does not become liable for either regular ad valorem taxes or non -ad valorem fees imposed on the TENANT. Nonpayment will result in the TENANT being subject to direct action under section 197.432(10), Florida Statutes. (c) Other Taxes: TENANT shall be liable for, and shall pay, any other taxes legally imposed on it by any governmental unit. TENANT recognizes that nonpayment of any such tax cannot and does not constitute a lien against LANDLORD'S interest in the leased premises and will constitute a personal obligation of TENANT to the governmental unit imposing such tax. Page 9 of 38 N.%Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 9. INDEMNIFICATION: TENANT agrees to indemnify and hold harmless LANDLORD for any and all actions, claims, losses, and litigation including all costs and attorney's fees, through trial and appeal, arising out of or connected in any way with TENANT'S occupancy or use of the Leased Premises, except with respect to any condition existing on the Leased Premises that is in LANDLORD'S sole control or arising from LANDLORD'S willful misconduct or gross negligence. TENANT further agrees to hold LANDLORD harmless for any loss, damage or destruction of any personal property, fixtures or improvements within or on the Leased Premises. 10. INSURANCE: (a) Commercial General Liability Insurance. TENANT shall procure, maintain and pay for commercial general liability insurance providing all risks coverage which protects the LANDLORD, the LANDLORD'S elected officials, employees, officers, and agents, and TENANT, from claims arising from bodily injury, property damage, operations, premises and fire legal liability. Such insurance coverage shall have a combined single limit of not less than $1,000,000.00 per occurrence/$2,000,000.00 aggregate. Coverage shall be provided in a form no more restrictive than the latest edition of the commercial general liability policy filed by the Insurance Services Office. TENANT's insurance shall be primary and any other insurance maintained by the City shall be in excess of and shall not contribute with TENANT'S insurance. (b) Property Insurance. During the full term of the Lease Agreement, at TENANT'S sole cost and expense, TENANT shall provide, maintain, and pay for a property insurance policy providing coverage of not less than 100% of the insurable replacement value, without deduction for depreciation, for the demised premises of which any buildings are a part, including any improvements and betterments which may Page 10 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHM6NT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK be insurable as part of the realty. Said property insurance shall cover the improvements and betterments from loss due to fire, windstorm, flood and any other peril included in the broadest available standard form of extended coverage. Coverage shall be in an amount sufficient to meet the co-insurance requirements of the policies, but not less than the full insurable value thereof. Deductibles for all perils, except windstorm, shall not be greater than two (2%) percent of the full insurable replacement value, without deduction for depreciation, for the demised premises of which any buildings are a part, including any improvements and betterments which may be insurable as part of the realty. Deductibles for windstorm damages shall not exceed five (5%) percent of the full insurable replacement value, without deduction for depreciation, for the demised premises of which any buildings are a part, including any improvements and betterments which may be insurable as part of the realty. The policy shall be endorsed to make any loss payments payable jointly to the LANDLORD and TENANT for losses covered under such policies. In the event of damage and/or destruction to the buildings, improvements, betterments and equipment, all proceeds from such policy shall be utilized by TENANT to repair and/or replace the damaged or destroyed buildings, improvements, betterments and equipment. TENANT may request consent from LANDLORD not to repair and/or replace the damaged or destroyed buildings, improvements, and equipment. LANDLORD, in its sole discretion, may either accept or reject TENANT'S request not to repair and/or replace. If the LANDLORD rejects TENANT'S request not to repair and/or replace, then TENANT must utilize all insurance proceeds to repair and/or rebuild pursuant to this paragraph. If LANDLORD consents to TENANT'S request not to repair and/or replace, then the insurance proceeds shall be prorated Page 11 of 38 N:\Client Docs\Airport\Attachment B\2016.Pebruary.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK between the LANDLORD and the TENANT based upon the time period left in the Lease Agreement before the reversion of all structures and improvements (fixtures) to the LANDLORD (example: if LANDLORD consents to TENANT'S request not to repair and/or replace and the lease is in the 281h year of a 30 year lease, the insurance proceeds would be dispersed 28/301h to the LANDLORD and 2/30' to the TENANT). As soon as is reasonably possible after damage and/or destruction to the buildings, improvements, betterments and equipment, but no later than 18 months after said damage and/or destruction, TENANT shall, at the TENANT'S sole expense (using insurance proceeds available for that purpose, along with TENANT'S own funds), commence to either repair or restore the buildings, improvements, betterments and equipment as completely as possible to their condition immediately prior to the damage, or, in the alternative, replace the structures, improvements, betterments and equipment with structures approved in advance, in writing, by LANDLORD. In the event any insurance proceeds of such policy shall remain unused after the completion of restoration or rebuilding to the LANDLORD'S satisfaction, evidenced in writing, and if the TENANT shall not be in default under the Lease Agreement, then the remaining funds shall be paid to LANDLORD for any unpaid rent and other sums due, with any remaining sum paid to the TENANT. (c) All insurance required by this Section shall be with a company licensed to do business in the state of Florida, and be otherwise satisfactory to the LANDLORD. (d) Recognizing the extended term of the Lease Agreement, TENANT agrees that the LANDLORD shall have the right to periodically review the adequacy of the required insurance and amend the insurance requirements of this section. Factors which may be considered include, but are not limited to, changes in generally accepted Page 12 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK insurance industry standards and practices, changes in TENANT'S use of the premises, measurable changes in local and national economic indicators and changes in City policies and procedures. (e) The insurance policies shall name the LANDLORD as an additional insured for liability insurance and as loss payee for property insurance and shall include provision for at least thirty (30) days advance notice to LANDLORD by the insurer prior to any policy change, amendment, termination or expiration of coverage. TENANT shall cause the insurer to provide proof of the required insurance to the LANDLORD before TENANT takes possession of the Leased Premises and shall cause the insurer to continue to supply such proof to the LANDLORD for each term of coverage. TENANT'S insurance shall be primary and any other insurance maintained by the City shall be in excess of and shall not contribute with TENANT'S insurance. (f) In the event that Tenant should fail for any reason to procure or maintain insurance coverage at the minimum amounts required herein, or at the written request of Tenant, Landlord, at Landlord's sole discretion, may secure insurance coverage at Tenant's expense, or may declare Tenant in default. Tenant shall reimburse Landlord for the cost of such insurance coverage secured by Landlord within thirty (30) days of Tenant's receipt of an invoice from Landlord for such insurance coverage. Tenant shall be responsible for the payment of any applicable deductibles set out in the insurance policy secured by Landlord. 11. USE OF LEASED PREMISES; RESTRICTIONS ON USE: (a) TENANT agrees to observe and obey all laws, ordinances, rules and regulations promulgated and enforced by LANDLORD and by any other proper authority having jurisdiction over the conduct of operations at the Airport, and all further revisions Page 13 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMBNT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK or amendments thereto. Further, TENANT agrees that TENANT shall not occupy or use or permit or suffer the Leased Premises or any part thereof, to be occupied or used for any unlawful or illegal business or purpose, nor in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any present or future laws, rules, requirements, orders, ordinances, regulations of the United States of America, or of the State, County, or City government, or their administrative boards or agencies. (b) TENANT expressly agrees for TENANT and TENANT'S successors and assigns, to prevent any use of the herein described Leased Premises which would interfere with or adversely affect the operations or maintenance of the Airport, or otherwise constitute an Airport hazard. (c) TENANT shall have the right to use the Leased Premises for any use permitted in the zoning district in which the property is located, and in conformance with an approved site plan or minor change of use application, as may be appropriate, subject to applicable laws and ordinances. (d) LANDLORD reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property herein described, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for the use of said airspace for landing on, taking off from, or operating on the Airport. (e) TENANT expressly agrees for TENANT and TENANT'S successors and assigns, that temporary structures shall not be allowed on the Leased Premises without the written permission of the Airport Director and the proper permitting by the City of Page 14 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Vero Beach Planning Department. Any structure that is not permanently attached to a properly engineered poured concrete foundation shall be considered a temporary structure. (f) TENANT expressly agrees for TENANT and TENANT'S successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the herein -described real property to such a height so as to comply with Federal Aviation Regulations, Part 77, as amended. 12. CONSTRUCTION OF IMPROVEMENTS: (a) Where the Special Provisions section of the Lease Agreement requires site plan application, TENANT shall submit a complete site plan application to the City of Vero Beach Planning Department within one hundred fifty (150) days of the approval of the Lease by the City of Vero Beach City Council, and shall diligently pursue site plan approval. Upon the receipt of acceptable justification from TENANT, said time limit for submission of a complete site plan to the City of Vero Beach Planning Department may be extended by LANDLORD. (1) If the Planning and Zoning Board rejects the site plan, TENANT shall either appeal the Board's rejection to the City Council or submit an amended site plan application within thirty (30) days of notice of such rejection. (2) If the Planning and Zoning Board approves the site plan, TENANT shall complete construction within twenty-four (24) months thereafter. (b) Notwithstanding subsection (a) above, if TENANT fails to receive site plan approval within eighteen (18) months after the effective date of the Lease Agreement, LANDLORD may elect to terminate the Lease Agreement. If LANDLORD elects to terminate the Lease Agreement due to TENANT'S failure to obtain site plan approval: Page 15 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx R T RUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK (1) LANDLORD shall have the right to immediately reenter and take possession of the Leased Premises; and (2) All title to and interest in any structures built and improvements made by TENANT upon the Leased Premises shall vest in LANDLORD. (c) If the project intended for construction on the Leased Premises is a phased project, all construction and phasing shall be in accordance with the applicable laws and ordinances relating to such construction. (d) In advance of any and all construction projects by TENANT on the Leased Premises, TENANT, at Tenant's expense, shall procure and provide LANDLORD with a copy of a Part 77 Airspace Study approved by the Federal Aviation Administration. (e) In advance of any and all construction activity by TENANT on the Leased Premises, TENANT shall provide LANDLORD with copies of each and every permit required and granted for such development, together with a complete set of site plans and construction plans approved by the appropriate governing authority. (f) LANDLORD and TENANT have agreed to the construction of these improvements as a means to facilitate these improvements to Leased Premises leased to TENANT, which improvements are paid for by TENANT'S operation and management. Both parties recognize that these are capital improvements made to enhance airport operations and efficiency, and for the benefit of general aviation and the general public. The costs of such improvements are not rent, they are not payments in lieu of rent, and they are not made for the right to occupy the premises. Rent payment subject to the tax imposed in section 212.031, Florida Statutes, are provided for exclusively in Lease Agreement. Page 16 of 38 N:\Client Docs\Airport\Attachment B\2016.Bebruary.16.ATTACHHENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 13. RESPONSIBILITY FOR AND MAINTENANCE OF LEASED PREMISES: (a) TENANT agrees that LANDLORD shall have no responsibility for the maintenance of the Leased Premises, including any improvements thereon, and that TENANT shall, at TENANT'S own expense, keep in good order and repair, inside and out: (1) any building on the real property herein described, and all structural attributes, including roofs, of such buildings; and (2) all equipment located within any buildings, including, but not limited to, the air conditioning, machinery, plumbing, wiring, pipes, gas, steam, and electrical fittings, and all other equipment. TENANT further agrees, from time to time, to make renewals and replacements of such equipment so that, at all times, any building and its equipment will be in good operating condition, order, and repair. The replacements and renewals made by TENANT shall be constructed to current building codes, modern in character and efficiency, and of a quality at least equal to the original structures, improvements, betterments, and equipment and sufficient for the same service. (b) TENANT shall keep the Leased Premises clean, shall dispose of all debris and other waste matter which may accumulate, and shall provide metal containers with proper covers for waste within the buildings or properly placed and secured exterior dumpsters on said premises in compliance with all applicable laws and regulations. (c) TENANT shall dispose of all debris and other waste matter which may accumulate, and shall provide metal containers with proper covers for waste within the buildings or properly placed and secured exterior dumpsters on said premises in compliance with all applicable laws and regulations. Page 17 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY 'EIATIFICATION ON LASTPAGE 1 Q. MITM, CLERK (d) TENANT shall maintain the grounds, landscaping and parking areas in keeping with the same standards under which the City of Vero Beach maintains the Airport grounds, landscaping, and parking areas. 14. DEFAULT: (a) Default in Payment of Rent. Should the TENANT fail to pay to the LANDLORD any installment of rent when due, the TENANT shall be deemed in default of the Lease Agreement and the TENANT shall either cure such default or surrender possession of the Leased Premises to the LANDLORD within three (3) days after written notice of the default is served on the TENANT. (b) Defaults Other than Rent. Should the TENANT fail to perform or comply with any of its obligations, covenants, conditions, agreements, or assurances, other than payment of rent, the TENANT shall be deemed in default of the Lease Agreement and the TENANT shall either cure such default or surrender possession of the Leased Premises to the LANDLORD within fifteen (15) days after written notice of the default is served on the TENANT. (c) Abandonment. Should the TENANT abandon the Leased Premises, whether such abandonment is actually known to the LANDLORD or presumed, the TENANT shall be deemed in default of the Lease Agreement. Absent actual knowledge by the LANDLORD of abandonment of the Leased Premises by the TENANT, abandonment shall be presumed when: (a) the TENANT has been absent from the Leased Premises for a period of thirty (30) consecutive days; and (b) the TENANT has not notified the LANDLORD in writing of the absence being intended; and (c) the rent is not current; and (d) ten (10) days have elapsed since service of a written notice on the TENANT of the default and the LANDLORD'S intent to retake possession. Page 18 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE JR. SMITH, CLERK (d) Right of Possession on Default. The LANDLORD may retake possession of the Leased Premises without judicial action upon surrender or abandonment of the Leased Premises by the TENANT. Should TENANT fail to cure a default under the Lease Agreement or in the alternative to surrender or abandon possession of the Leased Premises within the time provided, the LANDLORD shall have the right to recover possession of the Leased Premises as provided by law in an action for possession. The LANDLORD'S retaking of possession of the Leased Premises, whether by the TENANT'S surrender or abandonment of the Leased Premises, or by judicial action, shall not be deemed a waiver of any of the LANDLORD'S other claims, rights or remedies and will not terminate the Lease Agreement absent notice of termination by the LANDLORD. The LANDLORD may at any time after retaking possession or reletting terminate the Lease Agreement for the default because of which the LANDLORD reentered or relet the Leased Premises. (e) Remedies In Addition To Repossession. In addition to recovery of possession of the Leased Premises as provided herein, the LANDLORD shall have the right, at its sole option, to exercise one or more of the following remedies: (1) Terminate the Lease Agreement and recover from the TENANT all rents, fees, taxes and other amounts due through the date of termination together with any and all loss, expense, or damage which the LANDLORD may suffer by reason of such termination, whether for the costs of reletting or through an inability to relet the Leased Premises, or through a decrease in rent, or any other reason, including, but not limited to, attorney's fees and costs, through trial and appeal. Page 19 of 38 N:\Client Docs\Airport\Attachment B\2016.February.I6.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK (2) Without terminating the Lease Agreement, declare the entire amount of the rent accelerated and to be due and payable immediately for the remainder of the full term of the Lease Agreement or the renewal term, in which event TENANT agrees to pay such sum at once, together with all arrearages, costs and expenses, including, but not limited to, attorney's fees and costs, through trial and appeal. (3) Without terminating the Lease Agreement, relet the premises for any term at such rent and on such terms as the LANDLORD may choose during the remainder of the TENANT'S term for the account of the TENANT and recover from the TENANT at the end of the term or at the time each payment of rent comes due under the Lease Agreement, whichever the LANDLORD may choose, the difference between all the rent, costs and fees specified in the Lease Agreement and all the rent, costs and fees actually received from the reletting, together with any and all loss, expense, or damage which the LANDLORD may suffer for the costs of reletting the Leased Premises or any other reason, together with all arrearages, costs and expenses, including, but not limited to, attorney fees and costs, through trial and appeal. (f) No Waiver By Extension. Any extension of time to cure a default that may be granted to TENANT by LANDLORD after the aforementioned written notice is served shall not be deemed a waiver of LANDLORD'S right to retake possession without additional notice. (g) Notices. The method for serving notices shall be as otherwise provided herein, or, if the TENANT is absent from the Leased Premises or the address Page 20 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACBMBNT B.docx A TRUE COPY :CERTIFICATION ON LAST PAGE 'R SMITH, CLERK designated by the TENANT for service of notices, by leaving a copy thereof at such place or by posting on the Leased Premises. (h) LANDLORD may, as agent of the TENANT, do whatever the TENANT is obligated to do, other than payment of rents, or taxes, by the provisions of the Lease Agreement, and may enter the Leased Premises, without being liable to prosecution of any claims for damages therefor, in order to accomplish this purpose. The TENANT hereby grants LANDLORD irrevocable authority and permission to enter the premises for this purpose and agrees to reimburse the LANDLORD immediately upon written demand for any expense which the LANDLORD may incur in thus affecting compliance with the Lease Agreement on behalf of the TENANT, and the TENANT further agrees that the LANDLORD shall not be liable for any damages resulting to the TENANT from such action, whether caused by the negligence of the LANDLORD or otherwise. (i) In the event of any breach or threatened breach by the TENANT of any of the terms, covenants, agreements, provisions or conditions in the Lease Agreement, the LANDLORD shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise as through reentry, summary proceedings, and other remedies not provided for in the Lease Agreement. 0) Upon the termination of the Lease Agreement and the term created, or upon the termination of the TENANT'S right of possession, whether by lapse of time or at the option of the LANDLORD, the TENANT will at once surrender possession of the Leased Premises to the LANDLORD and remove all of its personal property (non - fixtures) from it. If possession is not immediately surrendered, the LANDLORD may obtain possession of the Leased Premises as provided by law (Section 83.05, Florida Statutes, or as that provision may be amended). Page 21 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE JR. SMITH, CLERK (k) Should the TENANT, at any time during the term of this Lease Agreement, suffer or permit an involuntary or voluntary petition in bankruptcy to be filed against it, or institute a proceeding under Chapters 7, 11, or 13 of the United States Bankruptcy Code, as they may be amended, the TENANT, and/or the TENANT'S successor in interest, including but not limited to the trustee assuming or assigned the Lease Agreement, shall provide adequate protection and adequate assurances of future performance of the Lease Agreement as are required by the Bankruptcy Code which will include but not be limited to the following: (1) All monetary and non -monetary defaults existing prior to the institution of the filing of the bankruptcy petition shall be cured within forty- five (45) days of service of written demand made upon the TENANT by the LANDLORD which will include all costs and attorney's fees expended by LANDLORD to the date of the curing of the default; and (2) An additional one month of advance rental will be required as additional security of future performance which must be paid to the LANDLORD within forty-five (45) days of the filing of the petition in bankruptcy; and (3) All obligations of the TENANT must be performed in accordance with the terms of the Lease Agreement. If at any time during the pendency of the bankruptcy proceeding, the TENANT or its successor in interest fails to perform any of the monetary or non -monetary obligations required under the terms of the Lease Agreement, or fails to cure any pre -filing default, or fails to make the additional security deposit required under the adequate protection and adequate assurances of future performance clause above, the TENANT and/or its Page 22 of 38 N.\Client Docs\Airport\Attachment B\2016. February. 16. ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK successor in interest stipulates and agrees to waive its rights to notice and hearing and to allow the LANDLORD total relief from the automatic stay under 11 U.S.C. 362 to enforce its rights under the Lease Agreement and under state law including, but not limited to, issuance and enforcement of a judgment for possession and writ of possession. (1) General Provisions Relating to Default. Pursuit by LANDLORD of any of the foregoing remedies shall not preclude the pursuit of any of the other remedies herein provided or any other remedies provided by law. No act or thing done by the LANDLORD or its agents during the term hereby granted shall be deemed an acceptance of a surrender of said Leased Premises, and no agreement to accept a surrender of said Leased Premises shall be valid unless the same be made in writing and subscribed by the LANDLORD. The mention in the Lease Agreement of any particular remedy shall not preclude the LANDLORD from any other remedy the LANDLORD might have, either in law or in equity, nor shall the waiver of or redress for any violation of any covenant or condition in the Lease Agreement or any of the rules and regulations set forth herein, or hereafter adopted by LANDLORD, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The acceptance by the LANDLORD of any rent with knowledge of the breach of any covenant in the Lease Agreement, other than a breach by non-payment, shall not be deemed a waiver of such breach. Termination of the Lease Agreement by lapse of time or otherwise, prior to the ending thereof as agreed to by the parties shall not affect the LANDLORD'S right to collect rent for the period prior to the termination thereof. Page 23 of 38 N:\Client Docs\Airport\Attachment B\2016.Pebruary.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 15. SURRENDER AT END OF TERM: At the expiration or termination of the initial term or any renewal term of the Lease Agreement or earlier termination hereof, TENANT shall peaceably and quietly leave, surrender and deliver to LANDLORD the Leased Premises, together with any buildings, improvements, and fixtures, excluding any personal property of TENANT not affixed to the Leased Premises, broom clean, and in thorough repair, good order, and safe condition. TENANT shall remove all of TENANT'S unaffixed personal property from the Leased Premises upon termination. If TENANT fails to remove TENANT'S unaffixed personal property within fifteen (15) days after the date of expiration or earlier termination, such property shall be deemed to have been abandoned without notice to TENANT. LANDLORD may appropriate, sell, store, destroy, or otherwise dispose of any such abandoned property without notice to TENANT and without obligation to account therefor. Further, TENANT shall pay to LANDLORD the cost LANDLORD incurs in removing, selling, storing, destroying, and disposing of such abandoned property in excess of any value recovered for such abandoned property. 16. HOLDOVER TENANCY: If the TENANT remains in possession of the Leased Premises after the Lease Agreement expires or terminates for any reason: (a) TENANT will be deemed to be occupying the Leased Premises as a TENANT from month-to-month at the sufferance of the LANDLORD. The TENANT will be subject to all of the provisions of the Lease Agreement, except that, at the LANDLORD'S discretion, the base rent will be at a monthly rate equal to twice the amount of a single monthly installment of fixed rent for the Leased Premises calculated at the then current rate in effect at the time of expiration or termination of the Lease Agreement; and Page 24 of 38 14:\Client Docs\Airport\Attachment 8\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PACE J.R. SMITH, CLERK (b) TENANT shall reimburse LANDLORD for any additional damages which LANDLORD suffers by reason of TENANT'S continued occupancy; and (c) TENANT shall indemnify LANDLORD from and against all claims made by any succeeding tenant insofar as such delay is occasioned by TENANT'S failure to surrender the Leased Premises. For purposes of this Section, "Base Rent" shall be that portion of the rent based on a square footage rate, as adjusted by the CPI. 17. ACCORD AND SATISFACTION/WAIVER: (a) If the TENANT pays to LANDLORD an amount that is less than the full amount stipulated to be paid under the terms of the Lease Agreement, that payment shall be considered to be made only on account and applied to the stipulated amount due. No endorsement or statement on any check or letter shall be deemed an accord and satisfaction. The LANDLORD may accept any check or payment without prejudice to the LANDLORD'S right to recover the balance due or to pursue any other available remedy. (b) Any default in the payment of the fixed or additional rent or other charges, or any failure of LANDLORD to enforce the provisions of the Lease Agreement upon any default by TENANT, shall not be construed as creating a custom of deferring payment or as modifying in any way the terms of the Lease Agreement, or as a waiver of LANDLORD'S right to terminate the Lease Agreement as herein provided, or otherwise to enforce the provisions thereof for any subsequent default. 18. MORTGAGING THE LEASEHOLD: Unless specifically excluded under the Standard or Special Provisions of the Lease Agreement, and unless TENANT is in default under the terms of the Lease Agreement, TENANT shall have the right to mortgage TENANT'S interest created under the Lease Agreement, subject to all the Page 25 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK terms and conditions of the Lease Agreement, to a Federal or State Savings and Loan Association, Bank or Trust Company, Insurance Company, Pension Fund or Trust, or similar lending institution authorized and licensed to make leasehold mortgage loans in the State of Florida. If TENANT mortgages the leasehold estate, and if the holder of the mortgage (hereinafter the "Mortgagee"), within forty-five (45) days of its execution, delivers to LANDLORD a true copy of the mortgage and all pertinent documents related thereto, together with written notice specifying the name and address of the Mortgagee and the pertinent recording data with respect to the mortgage, then, as long as any such leasehold mortgage shall remain unsatisfied of record or until written notice of satisfaction is given by the holder to LANDLORD, the following provisions shall apply: (a) Upon serving TENANT with any notice of default pursuant to Paragraph 14, LANDLORD shall simultaneously mail or otherwise deliver a copy of the notice of default to the Mortgagee. If TENANT fails to cure the default(s) within the time stated in the notice of default, LANDLORD shall deliver to Mortgagee an additional notice so stating. Mortgagee shall have fifteen (15) days from the date of the additional notice to remedy or cause to have remedied the default(s) listed on the notice of default, and LANDLORD shall accept the remedy by or at the instigation of the Mortgagee as if performed by TENANT. TENANT shall cooperate fully in giving notice to the Mortgagee and otherwise assisting in correcting any default(s). (b) LANDLORD agrees that the name of the Mortgagee may be added to the "Loss Payable Endorsement" of any insurance policies required by the Lease Agreement to be carried by TENANT on condition that the insurance proceeds are to be applied strictly in the manner specified in the Lease Agreement and any mortgage and Page 26 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK all collateral document(s) shall so provide. Any expense resulting thereby shall be the TENANT'S responsibility. (c) TENANT shall also have the right from time to time during the term of the Lease Agreement to place any substitute or additional mortgage on the leasehold estate created by the Lease Agreement and on TENANT'S interest in the leasehold estate; provided, however, that all such mortgages, and any and all mortgages created pursuant to this Paragraph 18, shall be subordinate to the Lease Agreement and no such mortgage(s) shall extend beyond the initial term or the option term, if any, then in effect; provided, further, that LANDLORD shall have the right to approve or deny TENANT'S request to place the additional or substitute mortgage on the leasehold estate. LANDLORD shall not unreasonably withhold such approval. (d) No mortgage on the leasehold estate created by the Lease Agreement or on the TENANT'S interest in the leasehold estate shall be binding upon the LANDLORD in the enforcement of LANDLORD'S rights under the Lease Agreement. 19. ENVIRONMENTAL PROVISIONS: (a) Subject to any limitations in federal or state law, the LANDLORD agrees that the TENANT shall have no liability for any pre-existing environmental contamination of the Leased Premises, provided the TENANT demonstrates that an event causing such environmental contamination was a pre -occupancy event as described in Paragraph (k) of this section for which TENANT is not liable hereunder. The LANDLORD will hold the TENANT harmless from all costs and expenses associated with any such pre-existing environmental contamination of the Leased Premises arising out of a pre -occupancy event which was not caused by the TENANT. Page 27 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK (b) Notwithstanding the foregoing, the TENANT shall be solely responsible for and indemnify LANDLORD for all costs and expenses including, but not limited to, remediation, fines, and attorney's fees through trial and appeal, that arise in any manner out of environmental contamination caused by the TENANT, the TENANT'S agents, employees, contractors, or invitees during any prior or current tenancy or occupancy of the Leased Premises or any portion thereof. (c) The parties' responsibilities, obligations, and liabilities pursuant to this Lease Agreement shall survive the expiration or early termination of the Lease Agreement or any renewal term. (d) Nothing in the Lease Agreement shall be deemed to be a waiver of the LANDLORD'S right to take action against responsible parties for remediation of, or payment for, environmental contamination on the Leased Premises, nor be deemed to be an assumption by the LANDLORD of the responsibility for such remediation or payment, except as may be imposed on the LANDLORD as a matter of law. (e) The TENANT acknowledges that remediation steps taken to correct any environmental contamination may extend over a number of years and may cause inconvenience and business interruption to the TENANT. The LANDLORD shall not be liable to the TENANT in any manner for such inconvenience and disruption. (f) Except as properly permitted under federal, state and local laws, rules, and regulations, TENANT shall not conduct nor permit or authorize any other person or entity to engage in the generation, storage, treatment, or disposal of any hazardous materials (as defined under federal, state, and local environmental laws), on or in any location that might adversely affect or contaminate the Leased Premises. This Page 28 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK paragraph (f) shall not apply to properly permitted storage, if any, allowed under the terms of the Lease Agreement. (g) The TENANT shall store, utilize, and dispose of all industrial, domestic, hazardous, and solid wastes permitted under the terms of the Lease Agreement in accordance with applicable federal, state, and local laws, rules, and regulations. (h) TENANT shall immediately provide LANDLORD verbal notice of any spill or release of hazardous materials at or from the Leased Premises. TENANT shall promptly confirm the verbal notice to LANDLORD in writing providing the details of such spill or release and the remediation taken by TENANT. (i) TENANT shall not install or utilize any irrigation wells on the Leased Premises. 0) In the event that any environmental condition arises on the Leased Premises or any hazardous materials prohibited by or actionable under applicable law should now or hereafter contaminate, or be located on the Leased Premises, except for pre -occupancy events as described in Paragraph (k) of this section, TENANT hereby agrees, at its expense, to immediately (1) remove said materials from the Leased Premises; (2) comply with any and all orders or directives of any federal, state, or local agency or department relative thereof; and (3) return the Leased Premises to its pre- existing condition without any diminution in the value thereof. (k) As used herein, "pre -occupancy event' shall mean any condition, occurrence, or event, including, but not limited to, a spill, the storage, disposal, or use of a hazardous material or waste as defined by federal, state or local law, ordinance, rule or regulation, occurring prior to the commencement date of the Lease Agreement and not caused by TENANT, whether originating on or off of the Leased Premises, whether Page 29 of 38 N:\Client Docs\Airport\Attachment B\2016.Pebruary.16.ATTACHMENT B.docx ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK known or unknown at the time of the commencement date of the Lease Agreement, and whether or not any plume or contamination is determined to be ongoing or continuous. 20. PAYMENT AND PERFORMANCE BONDS: (a) TENANT shall cause TENANT'S contractor to obtain and provide a payment and performance bond, in the form approved by LANDLORD, for construction of any improvements on or to the Leased Premises for which the cost of completion will exceed $10,000.00. Such bond shall be payable in an amount equal to One Hundred Twenty -Five Percent (125%) of the estimated cost to complete the improvements and shall be underwritten by a surety acceptable to LANDLORD and authorized to do business in the State of Florida. TENANT'S contractor may substitute for a bond, a payment and performance irrevocable letter of credit, in the form approved by LANDLORD, from a bank authorized to do business in the State of Florida, and with an office located in Indian River County, Florida where such letter of credit may be drawn upon. All such bonds and letters of credit shall inure to the benefit of LANDLORD and TENANT and all other persons, companies and corporations entitled to make a claim for payment against the bond or letter of credit pursuant to the applicable provisions of Florida law. Such bond or letter of credit shall remain in effect through completion of the improvements and all guarantee and warranty periods. No improvements on or to the Leased Premises shall commence before the required bond or letter of credit is received and approved by LANDLORD. (b) TENANT shall cause TENANT'S contractor to provide a contractor's final affidavit upon completion of the improvements, certifying to LANDLORD and TENANT that full payment was made to all subcontractors, materialmen, leasing companies, and Page 30 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK any other person, company, or corporation providing goods, materials or services for the improvements. 21. NOTICES: (a) Any notice required or permitted to be given hereunder shall be in writing and deemed to have been duly given: (i) upon delivery (personally, by courier service, or other messenger) to the address of the appropriate party; or (ii) upon receipt as evidenced by the appropriate form of the United States Postal Service after mailing by United States registered or certified mail, return receipt requested, postage prepaid to such address; or (iii) upon mailing if such registered or certified mail is refused by the recipient or returned unclaimed to the sender. Any notice of default by TENANT of the Lease Agreement shall be given pursuant to the default provision. (b) LANDLORD designates the Airport Director as its official representative with the full power to represent LANDLORD in all dealings with TENANT in connection with the Leased Premises and in administration of the Lease Agreement. LANDLORD may designate different or additional representatives from time to time by written notice to TENANT as provided herein. All notices shall be given to the LANDLORD at the address set forth below or at such other address as specified by written notice delivered to the TENANT as provided herein. City of Vero Beach Airport Director's Office 3400 Cherokee Drive (32960) P.O. Box 1389 Vero Beach, Florida 32961-1389 All notices shall be given to the TENANT at the address of the Leased Premises or such other address as specified by written notice delivered to the LANDLORD as provided herein. Page 31 of 38 N:\Client DocsNAirport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 22. REAL ESTATE COMMISSION: LANDLORD and TENANT each covenant and warrant to the other that they have not authorized any person, firm, or corporation as a real estate agent or broker to deal on behalf of such party with respect to the Lease. TENANT agrees to indemnify and hold harmless LANDLORD from any claim for remuneration, commissions or broker's fees arising out of this transaction and Lease. 23. ENTRY OF LANDLORD: LANDLORD may enter the Leased Premises for any legal purpose, including, but not limited to: (a) To inspect or protect the Leased Premises; (b) To determine whether TENANT is complying with the terms of the Lease Agreement, applicable laws, orders, or regulations of any lawful authority having jurisdiction over the Leased Premises or any business conducted therein; or (c) To exhibit the Leased Premises to any prospective tenant when TENANT is in default of the Lease Agreement or has notified LANDLORD of intention to terminate the Lease Agreement or during the last six (6) months of the term of the Lease. No authorized entry by LANDLORD shall constitute an eviction of TENANT or deprivation of TENANT'S rights under the Lease; nor shall such entry alter LANDLORD'S obligations hereunder or create any right in LANDLORD adverse to TENANT'S interest hereunder. 24. CONSTRUCTION: (a) The Lease Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (b) The Lease Agreement shall be subordinate and subject to the provisions of any existing or future contract between LANDLORD and the United States, relative to Page 32 of 38 N.\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK the development, operation, or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development, operation, or maintenance of the Airport. (c) If any part of the Lease Agreement is found invalid or unenforceable by any court or any branch of the federal government having jurisdiction over the operation of the Airport, including, but not limited to, the Federal Aviation Administration, such invalidity or unenforceability shall not affect the other parts of the Lease Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effectuated. To that end, the separate provisions of the Lease Agreement are declared severable. (d) If any branch of the federal government having jurisdiction over the operation of the Airport, including, but not limited to, the Federal Aviation Administration, deems any lease provision to be in non-compliance, the parties agree to delete, insert, or modify to the extent necessary any such provision to bring the Lease Agreement into compliance. 25. LITIGATION: -LANDLORD and TENANT expressly agree that in the event suit or any other legal action arising out of or in any way connected with the Lease Agreement or use of the Leased Premises is initiated: (a) Venue shall be in Indian River County, Florida. (b) Trial by jury is hereby waived, on any matter whatsoever, including, without limitation, any claim for injury or damage. (c) The prevailing party shall be awarded their costs and all reasonable attorney's fees incurred through trial and appeal. Page 33 of 38 N:\Client Docs\Airport\Attachment 8\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK (d) In the event any distress for rent action is brought by LANDLORD against TENANT, TENANT expressly waives all constitutional, statutory or common law requirements for a bond by LANDLORD, including the requirements of Section 83.92, Florida Statutes, or as that provision may be amended. TENANT specifically agrees that no bond shall be required of the LANDLORD in any action. (e) In any eviction action initiated by LANDLORD, TENANT shall pay into the court registry the accrued rents as alleged in the complaint or as determined by the court pursuant to Section 83.232, Florida Statutes, or as that provision may be amended. Failure of the TENANT to pay the rents into the court registry shall be deemed an absolute waiver of the TENANT'S defenses and shall entitle LANDLORD to an immediate default for possession without further notice or hearing thereon. (f) TENANT shall not bring any counterclaim of any kind in any action or proceeding commenced by LANDLORD to recover possession of the Leased Premises. The parties acknowledge that any such counterclaim would be prejudicial to the rights of LANDLORD granted under the Lease Agreement. The parties stipulate that any such counterclaim shall be severed and tried separately from the action for eviction pursuant to Florida Rule of Civil Procedure 1.270(b) and other applicable law. The eviction action shall proceed pursuant to the summary procedure set forth in Chapter 51, Florida Statutes, or as that provision may be amended. (g) TENANT shall utilize its best efforts to participate to the extent deemed necessary and directed by LANDLORD in the defense of any lawsuit brought by any person or entity challenging the validity of the Lease Agreement between the parties, the circumstances under which it was entered into, or any other such causes of action Page 34 of 38 N:\Client Docs\Airport\Attachment 8\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J,R, SMITH, CLERK relating to the power of the parties to enter into the Lease Agreement or the procedures utilized by the parties for leasing the Leased Premises. 26. MISCELLANEOUS PROVISIONS: (a) Notwithstanding anything herein contained that may be or appear to be to the contrary, it is expressly understood and agreed that the rights granted to the TENANT under the Lease Agreement are non-exclusive and the LANDLORD herein reserves the right to grant similar privileges to another tenant or tenants on other parts of the Airport. (b) LANDLORD reserves the right to explore, dig, drill and construct water wells of such depth and dimension as may suit its needs on any part of the Leased Premises with the right of ingress, egress and regress for such exploring, digging, drilling and construction and for laying of pipes to transport such water at such depth and for such distance over the Leased Premises as may be deemed necessary by LANDLORD. If LANDLORD exercises this right, TENANT'S rent will be reduced, based solely on the square footage of land and/or commercial space made unavailable for TENANT'S use, at the applicable rates as described in the rent provisions of the Lease Agreement. If LANDLORD exercises this right, LANDLORD shall, to the extent possible, locate such wells in such a manner as not to disturb TENANT'S operations. (c) TENANT assures LANDLORD that it will undertake an affirmative action program as required by 14 Code of Federal Regulations Part 152, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in or receiving the services or benefits of any program or activity covered by subpart. TENANT assures LANDLORD that it will require that its covered suborganizations provide assurances to the LANDLORD that they similarly will Page 35 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 Code of Federal Regulations, Part 152, Subpart E, to the same effect. (d) TENANT expressly agrees for TENANT and TENANT'S successors and assigns, that no person, on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; that the TENANT and TENANT'S successors and assigns shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title IV of the Civil Rights Act of 1964, and as such regulations may be amended; that in the event of breach of any of the above nondiscrimination covenants, LANDLORD shall have the right to terminate the Lease Agreement and to retake possession pursuant to law. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. (e) If TENANT is a corporation, partnership, or limited liability company, TENANT'S status shall continuously be in good standing, active, and current with the state of its incorporation or registration and the State of Florida, and TENANT shall keep Page 36 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK its status active and current throughout the term of the Lease Agreement and renewal. Failure of TENANT to keep its status active and current shall constitute a default. (f) LANDLORD reserves the right to develop, improve, repair, and alter the Airport and all roadways, parking areas, terminal facilities, landing areas, and taxiways as it may deem appropriate, free from any and all liability to TENANT for TENANT'S loss of business or damages of any kind or nature whatsoever arising out of or connected to the making of such improvements, repairs, and alterations. (g) Any construction, reconstruction, remodeling, installation of improvements, or other work done to the Leased Premises by TENANT shall be performed in compliance with the requirements of the Americans with Disabilities Act ("ADA"), at TENANT'S expense. In the event that a regulatory agency, private party, organization, or any other person or entity makes a claim under the ADA against either (or both) parties, the party whose breach (or alleged breach) of responsibility under this Lease Agreement gave rise to the claim shall, in good faith and at that party's sole cost, promptly take whatever actions are necessary to bring the Leased Premises into compliance with ADA requirements. That party shall defend, save, and hold harmless the other party from any and all expenses incurred in responding to such a claim, including without limitation the fees of attorneys and other advisors, court costs, and costs incurred for bringing the Leased Premises into compliance. (h) The captions and paragraphs or letters appearing in this Attachment B and the Lease Agreement are inserted only as a matter of convenience and in no way affect, define, limit, construe, or describe the scope or intent of the sections or articles of this Attachment B and the Lease Agreement. Page 37 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK (i) This Attachment B, together with the Lease Agreement and all related attachments, agreements, resolutions, and ordinances approved by the City of Vero Beach, set forth all the promises, agreements, conditions, and understandings between LANDLORD and TENANT relative to the Leased Premises. There are no other promises, agreements, conditions, or understandings, either oral or written, between them. No subsequent alteration, amendment, change, or addition to this Lease Agreement will be binding on LANDLORD or TENANT unless in writing and signed by them and made a part of this Lease Agreement by direct reference. 0) The terms of this Attachment B and the Lease Agreement shall be binding on the respective successors, representatives, and assigns of the parties. (k) The Lease Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. (1) Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. Page 38 of 38 N.\Client Docs\Airport\Attachment B\2016.February.16.ATTACBMENT B.docx 0gra A TRUE COPY �B CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Advantage Consulting, LLC Diverse, Innovative, Responsive, Effective 410 Lake Lenelle Drive Chuluota, Florida 32766 ENVIRONMENTAL SITE ASSESSMENT PHASE 1 VERO BEACH AIRPORT FIRE STATION #3 2950 AIRPORT WEST DRIVE, VERO BEACH. FL 32967 City of Vero Beach — Vero Beach Regional Airport Vero Beach, Florida 32960-4506 Prepared for and Submitted to: Mr. Todd Scher, Airport Manager Vero Beach Regional Airport Vero Beach, Florida 32960-4506 Prepared by: Gary Exner, CHMM, CFEA, REPA Advantage Consulting LLC 410 Lake Lenelle Drive Chuluota, FL 32766 407/312-5066 October 6, 2021 ADVANTAGE CONSULTING LLC A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Table of Contents SECTION PAGE 1.0 EXECUTIVE SUMMARY......................................................................................................1 1.1 INTRODUCTION..................................................................................................................1 1.1.1 Purpose......................................................................................................................1 1.1.2 Special Terms and Conditions....................................................................................1 1.1.3 Limitations and Exceptions of Assessment.................................................................2 1.1.4 Limited Conditions and Methodology Used.................................................................2 2.0 SITE DESCRIPTION............................................................................................................4 2.0.1 Location and Legal Description...................................................................................4 2.0.2 Site and Vicinity Characteristics..................................................................................5 2.0.3 Structures, Roads, and Other Site Improvements.......................................................5 2.0.4 Environmental Liens on the Property..........................................................................5 2.0.5 Current Uses of the Property.......................................................................................5 2.0.6 Past Uses of the Property...........................................................................................5 2.0.7 Current and Past Uses of Adjoining Properties...........................................................6 2.0.8 Site Map.....................................................................................................................6 2.1 RECORDS REVIEW............................................................................................................6 2.1.1 Standard Environmental Record Sources, Federal and State.....................................6 2.1.2 Physical Setting Sources............................................................................................7 2.1.3 Historical Use Information..........................................................................................7 2.2 INFORMATION FROM SITE RECONNAISSANCE AND INTERVIEWS...............................8 2.2.1 Hazardous Substance Containers and Unidentified Substance Containers ................8 2.2.2 Hazardous Substance Containers and Unidentified Substance Containers ................8 2.2.3 Storage Tanks............................................................................................................8 2.2.4 Indicators of PCBs......................................................................................................8 2.2.5 Indicators of Solid Waste Disposal..............................................................................9 2.2.6 Physical Setting Analysis............................................................................................9 2.2.7 Other Conditions of Concern.......................................................................................9 2.2.8 Site Plan.....................................................................................................................9 2.3 FINDINGS AND CONCLUSIONS........................................................................................9 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK APPENDICES SiteVicinity Map.......................................................................................................... Appendix I Project Location Map/Aerial Photographs................................................................... Appendix 11 Environmental Database—EDR/FirstSearch Technology Corp.+ Surveys ................. Appendix III SitePhotographs.......................................................................................................Appendix IV Soils Map and FEMA Flood Prone Area Map..............................................................Appendix V USGS 7.5 -Minute Topographic Map, Vero Beach, FL Quadrangle.............................Appendix VI HistoricAerials..........................................................................................................Appendix VII Resumes.................................................................................................Appendix VIII A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Page 1 1.0 EXECUTIVE SUMMARY The Consultant, Gary Exner of Advantage Consulting LLC, conducted a detailed Phase I Environmental Site Assessment (ESA) on October 5, 2021 of the subject property located at 2950 Airport West Drive, Vero Beach, FL 32967, serving as the ARRF (Aircraft Rescue and Fire Fighting) station adjacent to the Vero Beah Regional Airport. The property is presently owned by the City of Vero Beach as part of the Vero Beach Regional Airport properties. The property is identified as Indian River County Property Appraiser Property Identification #53970, Parcel ID# 32-39-26-00011-0480-00001.1, and is estimated to be approximately 2.72+/- Acres or 118,483+/- (SF) Square Feet in size. The parcel lies in Section 34, Township 32S, Range 26E is currently developed, and contains a single -story building with offices, fire rescue and fire fighting equipment, and storage/warehouse space. The subject parcel is an irregularly shaped rectangular parcel in the southwest side of the airport -owned property (see Site Vicinity Map - Appendix 1). The subject structure is 19,399 SF overall with 9,275 SF heated area, and was actually built in 1985. The subject property is further described in the Indian River County Property Appraiser's record cards included in Appendix 11. The ESA was performed in accordance with the American Society for Testing and Materials Standard Practice for Environmental Site Assessments (ASTM Practice E 1527- 05E), Sections 6-11. Non -scope considerations, as defined in the standard practice, were not addressed. Based on the unknown historic use of the parcels and future excavation/development plans, additional inspections, sampling, and laboratory analyses may be necessary. 1.1 INTRODUCTION 1.1.1 Purpose The purpose of this Phase I ESA is to determine the likelihood of hazardous or petroleum substances being present on the subject property that would result in cleanup liability on behalf of the property owner. Almost all businesses use products containing hazardous or toxic materials as defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the various environmental regulatory agencies. Often, the amount of material stored, generated, or disposed does not exceed reportable quantities as defined in Federal, State, or local environmental regulations. As a result, this report does not address hazardous or toxic substances that currently appear to be present in very small quantities below reportable levels, but over a length of time could exceed reportable quantities. The purpose and objective of the standard Phase I ESA was met through a physical site investigation of the subject parcel, a limited investigation of adjacent properties, interviews, and a review of Florida Department of Environmental Protection (FDEP) and available EDR (EDR/FirstSearch Technology Corporation) environmental databases. 1.1.2 Special Terms and Conditions This Phase I report is a professional opinion of the possibility of contamination impacts to the subject property resulting from direct visual observation and review of available EDR file information as compiled by others. This report was performed as a standardized ESA Phase 1 which did not include sampling or analyses of asbestos and/or lead based paints as a preemptive evaluation of potential risks that may be associated with any planned excavations/demolition of ground surfaces on the subject sites. The assessment does not include such environmental issues as naturally occurring toxic substances in the subsurface soils, rocks, water and/or toxicity of on-site flora, toxicity of common household products or consumables, contaminants or contaminant concentrations that are not now Recognized Environmental Concerns (REC), but may be under future regulations, radon gas, or wetland issues. A TRUE COPY :CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Page 2 1.1.3 Limitations and Exceptions of Assessment The focus of this Phase I ESA is to evaluate the presence of hazardous or petroleum substance contamination resulting from past and current uses of the subject property and adjacent properties. The assessment is limited to conditions observed on and around the existing properties during the inspection survey. Areas that are not addressed as part of the ESA are as follows: naturally occurring toxic substances in the subsurface soils, rocks, water, and/or toxicity of on- site flora; toxicity of substances common in habitable environments, such as stored household products, or consumables; contaminants or contaminant concentrations that are not a concern now but may be under future regulations. The level of environmental investigation for this ESA Phase 1 does not include intrusive testing or analysis of soils or groundwater as an assessment of any recognized or suspected contamination. This report does recommend further investigative action if Recognized Environmental Concerns (REC) are observed and that may be prudent to evaluated further to confirm suspected contaminants found. An ESA is typically valid for six months, as that is the update frequency of FDEP file data. 1.1.4 Limiting Conditions and Methodology Used Information and data supplied to this Consultant by others (EDR) considered in this assessment is from sources nationally recognized as reliable, but no responsibility is assumed by Advantage Consulting LLC for its accuracy. This ESA Phase I is limited to observations by an experienced environmental scientist rendering a professional opinion of the site project area. It is also the result of the research of available public record files compiled by EDR. Intrusive testing for elemental sampling of the physical components of a property such as soil and groundwater is not typically performed nor analyzed at the Phase 1 ESA level of inspection. However, because the age of the overall surrounding airport properties (circa 1930) and the selection of the airport commissioned as a naval air station in 1942, it is possible hazardous or toxic materials may have been either stored or disposed of on or near the subject parcel. Asbestos or lead-based paints were used during the war years when the naval air station was active. Most of these products were banned from use prior to 1987. The use of asbestos was phased out in 1989 and banned entirely in December 2003. No evidence of these possible RECs was observed or indicated during the field inspection. The National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations under the Clean Air Act specify work practices for asbestos to be followed during demolitions and renovations of all structures, installations, and buildings (excluding residential buildings that have four or fewer dwelling units). The regulations require the owner of the building or the operator to notify the appropriate state agency before any demolition, or before any renovations of buildings that could contain a certain threshold amount of asbestos or asbestos -containing material. In addition, particular manufacturing and fabricating operations either cannot emit visible emissions into the outside air or must follow air cleaning procedures, as well as follow certain requirements when removing asbestos -containing waste. ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Page 3 The Asbestos Hazard Emergency Response Act (AHERA)'s Model Accreditation Plan (MAP) requires that asbestos professionals (including any worker, contractor or supervisor, inspector, management planner, or project designer) working with asbestos -containing building materials in a school, public or commercial building be accredited under a training program at least as stringent as the EPA Model Accreditation Plan (MAP). In addition, state and local agencies may have more stringent standards than those required by the federal government. Congress passed the Residential Lead -Based Paint (LBP) Hazard Reduction Act of 1992, also known as Title X, to protect families from exposure to lead from paint, dust, and soil. Section 1018 of this law directed HUD and EPA to require the disclosure of known information on lead-based paint and lead- based paint hazards before the sale or lease of most housing built before 1978. The United States' Consumer Product Safety Commission (CPSC) banned lead paint in 1977 in residential properties and public buildings (16 Code of Federal Regulations 1303). Non-residential Structures - Waste Determination & Management LBP debris that comes from commercial or industrial sources, as opposed to households, may be subject to state and federal hazardous waste rules. In this case the generator must determine whether the debris fails, or is likely to fail, the toxicity characteristic for lead. Two scenarios are outlined below for making the waste determination and then managing the LBP debris in accordance with applicable standards: 1) whole -building demolition, and 2) renovation/abatement. Whole -Building Demolition The US EPA has stated that solid architectural components coated with LBP are less likely to be hazardous because of the small ratio of lead paint to total waste mass 1. The US Army conducted a study which concluded that whole -building demolition debris is not likely to exceed the toxicity characteristic standard for lead if it is handled as a single, whole waste stream and disposed of all together 2. Whole - building demolition debris is therefore considered a non -hazardous waste with regard to lead. No sampling/analysis of painted components for lead is required for disposal as non -hazardous waste. Proposed in January of 2006 to "reduce exposure to lead hazards created by renovation, repair, and painting activities that disturb lead-based paint and support the Federal Government's goal of eliminating childhood lead poisoning by 2010", the current regulations took effect on April 22, 2010. The rule requires that property owners, managers and contractors performing renovation, repair and painting activities that will disturb lead-based paint in pre -1978 housing or a child -occupied facility must be certified and follow the lead -safe work practices required by EPA's Lead, Renovation, Repair and Painting Program. To become certified, there must be an "application for firm certification" and payment of a fee to the EPA. An application must be approved or disapproved within 90 days after the EPA receives a complete application. There is the potential of $37,500 -a -day fines for violation. The site inspection was performed by walking the parcel boundary and accessible areas around and outside the property. In addition, observations were made of adjacent properties looking for RECs. The site reconnaissance was performed on October 5, 2021 by Gary Exner of Advantage Consulting LLC. This ESA Phase I report incorporates the EDR/FirstSearch Technology Corporation's Environmental FirstSearch Report to locate available regulatory agency (FDEP/USEPA) information pertaining to hazardous/petroleum materials (see Appendix III). A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Page 4 The EDR/FirstSearch Report meets the government records search requirements of ASTM Standard Practice for Environmental Site Assessments, E 1527-05E. The following files were searched for any sites with hazardous/petroleum material records and/or violations: Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS), Toxic Site Directory; (TSD), Generators (GEN), Emergency Response Notification System (ERNS), National Priority List (NPL), Resource Conservation and Recovery Information System (RCRIS), Facility Index System (FINDS), RCRA Administrative Action Tracking System (RAATS), Underground Storage Tanks (UST), Leaking Underground Storage Tanks (LUST), Toxic Release Inventory (TRI), State Superfund Sites, Solid Waste Facilities, and orphan reports for Indian River County, including Civil Enforcement Docket /Leaking Tank Sites. Photographs of potential contamination sources were taken on the subject property (see Appendix IV). Available historic aerial photographs (1943 - 2020) were reviewed to identify any activities that may have shown that contamination from hazardous or petroleum substance generation, storage, or transportation may have occurred within the subject property area. A cursory review of soils was conducted using the NRCS Soil Survey for Indian River County, Florida (see Appendix V). The primary soil type found on the subject site is identified as EauGallie fine sand (3) which covers 100% of the area of the parcel. The Vero Beach, Florida USGS Quad map can be found in Appendix VI. Interviews, inquiries, and database searches were compiled from the Florida Department of Environmental Protection (FDEP), FDEP's OCULUS Site, and the USEPA Envirofacts, and EDR/First Search Technology Corporation -Environmental Database. A resume of the consultant for this investigation can be found in Appendix VII. 2.0 SITE DESCRIPTION 2.0.1 Location and Legal Description According to information supplied to Advantage Consulting LLC by the Vero Beach Regional Airport staff, the subject property is located adjacent and southwest of airport Runway 4 on Vero Beach Regional Airport property. The subject property is presently developed and contains a single -story building with office space and fire rescue and firefighting warehouse facilities. The parcel also contains two large, 2,000 Gallon capacity, Above Ground Fuel Storage Diesel Tank (AST) at the northeast side of the property. Airport vegetation groundcover and typical landscape vegetation currently exist on the north and west sides of the building around the paved parking lot area for the property (see Photographs). The property area is served by Vero Beach Municipal Power electrical service, and municipal water and sewer. Property Legal Descriptions, as described in the Indian River County Property Appraisers information, can be found in Appendix II. ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Page 5 2.0.2 Site and Vicinity Characteristics According to the USGS Topographic Map of the Vero Beach, Florida Quadrangle, included as Appendix VI of this report, the relative elevation for the subject property is approximately 24 -feet NGVD. Other properties surrounding the subject parcel was occupied and functioning as an Aircraft Rescue and Fire Fighting airport -related building. The City of Vero Beach Fire Station 3 is located at 2950 Airport West Drive, Vero Beach, Florida, with two, large Liquid Propane (LP) Above Ground Storage Tanks (ASTs) at the northeast side of the site. A propane tank and an emergency back-up generator is situated next to the rear of the main building, south of the fire truck bays. 2.0.3 Structures, Roads, Other Site Improvements Site improvements in the area consist of paved parking lot areas, sidewalks, and Above -Ground Fuel Storage Tanks (AST) at the northeast corner of the concrete block building, and electrical service poles. Power service transformers and the ground surfaces were checked for indication of leaked electrolytes that may have contained polychlorinated biphenyls (PCBs). No indications of leaks or spills were found at the bases of the poles. Overhead power utilities were observed along the north side of the property. Water and sewer utility service is available for connection to the subject site. 2.0.4 Environmental Liens on the Property A Chain -of -Title was not provided to Advantage Consulting LLC for review. No readily available information was provided to indicate that there were any environmental liens or activities and/or land limitations recorded against the property. 2.0.5 Current Uses of the Property Currently, the subject property is currently occupied by Florida Power and Light (FPL). No hazardous or toxic items appeared to have been stored on the property. No problem areas were obvious during the site inspection. There were no obvious conditions that indicated that reportable quantities of hazardous or toxic materials had ever been generated, transported, or stored on the subject property. 2.0.6 Past Uses of the Property According to the aerial photographs reviewed for the years 1943-2020 (see Historic Aerial Photographs), other than the structures apparent in the historic aerials from the time the U.S. Naval Air Station was in operation, however recent site development has occurred on the property. Many other industrial features and airport lands have changed over the years in this region of the Vero Beach Regional Airport. There were no pits, ponds, lagoons, or other surface water bodies situated directly on the property, however a small, drainage ditch crosses from south to north just east of the site, and a triangular-shaped stormwater retention pond lie to the north of the subject parcel across Airport West Drive. The drainage ditch collects stormwater and drains to the south where it connects with a major drainage flowway south of the airport. The airport maintenance program apparently includes periodic mowing of the healthy ground cover vegetation. No evidence of any contamination was obvious anywhere on the subject parcel. No evidence of dumping, land filling, or other uncontrolled activities, which could have posed Recognized Environmental Concerns (RECs) with regard to the subject parcel were identified during the course of the site inspection, or in the aerial photographs and database reviews. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Page 6 2.0.7 Current and Past Uses of Adioininq Properties The subject parcel lies southwest of the AOA fence and all movement areas for the airport. Corporate Air Inc, and the Paris Air Fuel storage ASTs lie on Airport West Drive at 3300, and north of the subject site. The City of Vero Beach Engineering Facility and its two AST fuel storage tanks lie to the northwest of the subject site. Site conditions have not changed appreciably since 1983, when the subject building was built (1985). The Florida Department of Environmental Protection (FDEP) monitors regular testing and reporting requirements of the City of Vero Beach wellfields northeast of the subject site. It is unlikely that any contaminants associated with any un -documented releases, in the past, that may have occurred in the area of the subject site, would have migrated northeast toward the wellfields. There were no signs of stressed vegetation anywhere on the subject parcel. Historical reviews of FDEP files were inspected for evidence of potential contamination toward the subject properties. Reviews did not show that any hazardous or toxic contamination was obvious at the subject parcel. 2.0.8 Site Map A 2021 Indian River County aerial of the subject parcel is attached as Appendix II of this report. 2.1 RECORDS REVIEW 2.1.1 Standard Environmental Record Sources. Federal and State Records were researched through the Florida Department of Environmental Protection OCULUS database, and a search of all available environmental records was conducted by EDR/First Search Technology Corp. The database report, included as Appendix III, meets the government records search requirements of ASTM Standard Practice for Environmental Site Assessments, E 1527-05E. There were 10 listed sites located within <1/81h of a mile to 1/2 mile, and 4 listed sites are at 1/2 mile of the subject property. The sites Al, A2, 3, 5, 6, 7, 8, and 9 are located at higher elevations than the subject site. Piper Aircraft Corporation is at the same elevation but located 0.831 miles further east than the subject site. Nine of the listed sites are located east, northeast, south, or southeast of the subject site. Only listed site 8 is located 0.449 miles north of the subject site. um�t� A)OP'.TT VEr.GMACM R WWI, CMA -W, 67b—u6 l 7yp RELATr1E 0 Tlrlr> UM.EC1 'rs:.itMl�uaw�E++ew:r�i,uswT i...1 . u1 9C1W0W."CPrT41 L60.71I)AW 0411 "- ro to's bw •: V1146 61AC" it! DHT DW 4W 0,01 Ron% WrOR raw 0" M a n.7 I" c.Awry&-Ck A7 AVO 90D A/P¢T ATV CIA Ari. "—W Af.wR.. np.. W. b!71 We p:Q3FR T4Av De8a�6t W, 9Tl. pTRW Nov tr. V9. Dl.. wn VR1U e« l�t7M'6 �, 116. 1/h. 6T uW W Te . 0.rAbo,,040 Mita N76 n 7Ta SRW MiN7 6GbI CFT�Ia•a Um A1:;T *W DR WIn. Mr+nra A,.aRu MVR 19E 679 wt r tX70U wm" 01Xf. :NA a.KJ 0111"A 9*W Omum OW PART, MVS 77N 6 436 saa 6 ur.2 M&C" a" pr VP"T +7Mrn+,* +%!A bRw 000441 REM 0"T w• 7?*7, 6 w NVY, oPGA Aw,.A ' :.']w PM m D6 ♦ AasA'f4Y. 01 NI, PVr f96 6 ,all b" _ •.erG 9"-, wwu PN 06= L— RW061T 1004 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Page 7 One of the sites, Piper Aircraft Corp. was listed as a National Priorities List (NPL), RCRA-LQG (Large Quantity Generator) situated east of the subject site. One site (Piper Aircraft Corp.) was listed as a CERCLIS site located east-southeast of the subject site. The NPL/CERCLIS site was reported as the Piper Aircraft Corporation (a Superfund Enforcement) facility. There were 2 Leaking Underground Storage Tanks (LUSTs) and 2 were listed as Registered Above Ground Storage Tanks (ASTs) facilities. Detailed data on each of these sites are included in the EDR/First Search Technologies report in Appendix III. Each of the included sites are listed as either NREQ (Cleanup not required), facility Closed (Vero Beach Municipal Airport)(UST), Open, In -Service, or in the process of hazardous, toxic waste management remediation (Vero Beach Airport Services) (LUST), (Flight Safety International, Inc)(LUST), (Pro-Flite of Vero, Inc.)(LUST), and (Former Vero Beach NAS Site)(LUST) Because of the down -gradient locations (SE migration) of these facilities, none of the sites are likely to have any effect on the condition of the subject parcel. For the purpose of this assessment, the above database research information is referenced in a separately bound EDR/Environmental FirstSearch Report to be supplemented to Appendix III. Additional information gathered from the USEPA's Envirofacts database references for the Paris Aviation AST data showing no spills or discharges, and the City of Vero Beach Water Treatment Plant located at 2515 Airport North Drive with Handler ID#FLR000140087 as a Federal LQG facility that engages in waste generation and waste shipping. Envirofacts database information is included in Appendix III. It appears that groundwater migration moves from the northwest to the east-southeast in the area of the subject parcel. The likelihood of the subject site receiving any current or relic contamination from the old airfield operations, or the current airport operations would be very remote. FIRM Flood Prone Rate Map shows the subject site lying north of the defined flood prone area along the stormwater drainage canal to the south of the airport (see Appendix V). The subject site is not physically within the Flood Prone Area. The subject site is presently served by underground municipal potable water and sewer utilities. Overhead electric power and telephone services lines are provided throughout the area. All additional information regarding potential contamination involvement on the subject properties, or any of the facilities of concern within the study area was gathered from the FDEP and/or other USEPA databases or interviews and is included in the following sections. Other Sites Treasure Coast Air Services at 2640 Airport North Drive had a 5,000 -gallon Registered AST (now removed) was previously located 1.45+/- miles northeast of the subject parcel. The New Hanger at the southwest end of Airport North Drive loop has a Registered 10,000 -gallon AST located 1.38 miles+/ - northeast of the subject parcel. The ASTs at Flight Safety International are located upgradient at a distance of 0.68 miles+/- northeast, and the Paris Air ASTs and the ASTs servicing the Vero Beach Engineering Facility are located essentially downgradient at 0.38 miles+/- north of the subject parcel, respectively. Continental Jet Aviation's AST is 0.17 miles+/- north northeast of the subject site. The Vero Beach Public Works and Engineering fueling ASTs are located 0.33 miles+/- north of the subject site (see Photographs). No other non -listed sites of concern were reported or observed within the immediate project area. A TRUE COPY CERTIFICATION ON LAST PAGE JR, SMITH, CLERK Page 8 2.1.2 Phvsical Settina Sources Physical setting sources reviewed during the course of this assessment include the USGS Quad map, the NRCS Soil Survey map, information and maps supplied within the EDR/FirstSearch Technologies Report, USEPA Envirofacts database files, and Indian River County current aerials and historic aerial photographs. 2.1.3 Historical Use Information Available historic aerial photographs of Section 32, Township 39 South, Range 26 East, dated 1943, 1951, 1970, 1981, 1994, 1999, and 2019 were reviewed. Development of airport—related and small industrial parcels started around 1960 and continued slowly through the 1970s and 1990s. Please note that historical aerial photography review was limited to available photographs with variable coverage and quality. In 1942 the United States acquired this site for use as a Naval Air Station and Training Facility. The site was developed and known as the U.S. Naval Air Station. Vero Beach. The Navy constructed a complete air training facility at the site consisting of approximately 155 buildings and structures along with other miscellaneous improvements such as runways. taxiways, roads, utility systems, este. 1`hes site: remained active until 1945 when its functions were not longer required or relocated elsewhere in the U.S.In Coctober of 1947, then Navy disposed of the property to the: City of Vero Beach. Florida. Most of the site is currently owned by the city and used as an airport and light industrial park. Portions have been solei to a private aircraft company, which maintains an aircraft manufacturing plant and to a 2.2 INFORMATION FROM SITE RECONNAISSANCE AND INTERVIEWS 2.2.1 & 2.2.2 Hazardous Substance Containers and Unidentified Substance Containers No hazardous substance containers were found inside or adjacent to the subject parcel. Maintenance in and around the subject site appeared to be good, with no obvious signs of errant roadside dumping or trash disposal. It is unlikely that any reportable quantities of hazardous substances or toxic materials were stored or used around the subject parcel. 2.2.3 Storage Tanks The subject parcel had three above ground fuel (LP) storage tanks. 2.2.4 Indicators of PCBs Pole mounted electrical transformers were noted in conjunction with overhead power utilities to the northwest of the property. Vero Beach Municipal Power Plant has discontinued the use of PCB -containing transformers and capacitors. Vero Beach Municipal Power Plant is responsible for cleanup in accordance with local, state, and federal regulations. No staining was observed beneath the transformers closest to the subject parcel. ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Page 9 2.2.5 Indicators of Solid Waste Disposal There were no indicators of any solid waste disposal on the property 2.2.6 Phvsical Settina Analvsis A preliminary review of available physical setting source information was performed that consisted of physiographic, subsurface geologic, regional groundwater information, local well field protection, and local wetland maps of the subject area, where applicable and reasonably ascertainable. The regional groundwater flow is to the east and southeast. However, local surface water bodies (ditches, canals, and ponds) in the vicinity of the subject sites could affect local groundwater flow direction in the upper portion of the aquifer. The specific groundwater flow beneath the subject site is normally verified by intrusive field methods. Information provided in the EDR Summary Report indicates that groundwater gradients are generally from the northwest to the southeast. 2.2.7 Other Conditions of Concern No other conditions of concern were identified. 2.2.8 Site Plan A site plan for development or modification of the property was not provided to the Consultant. 2.3 FINDINGS AND CONCLUSIONS The Consultant performed an Environmental Site Assessment Phase I in general conformance with the scope and limitations of ASTM Practice E1527 -05E on the subject property in Vero Beach, Indian River County, Florida. Any limitations, exceptions, or deletions from this practice are described in Section 1.1.3 and 1.1.4 of this report. This assessment found no evidence of Recognized Environmental Conditions (RECs) at the subject parcels: • Review of the EDR/FirstSearch database, and FDEP records information revealed 10 listed or observed contamination sites listed sites upgradient and within the critical focus area of '/4 to '/2 -mile from the subject property. Above Ground Fuel Storage Tanks (ASTs) are located north and east of the subject property. All records indicate that these tanks are being properly maintained to remediate past and future releases into the ground and groundwaters. • There was no confirmed evidence of friable asbestos containing materials (ACMs) in the area. ACMs are not presently indicated as Recognized Environmental Concerns (REC) as potential conditions. 4 TRUE COPY CERTIFICATION ON LAST PAGE J. R, SMITH, CLERK The limited number of listed or observed contamination sites within, and to the northwest or west in the 1/2 -mile focus radius of the subject property do not appear to warrant any further inspections for potential environmental concerns that would trigger an Environmental Site Assessment Phase II investigation. No further action for the listed sites is recommended at this time. J Gary E. Exner, CHMM, CFEA, REPA DATE 10/6/2021 VERO BEACH FIRE STATION ` Legend ;. K ve ee bt,a Waste'7 7Vero Beach Vem Beach Fire Station 3 SI OaS SCI100y raj r1., ' r r `Y Aq ve 8eaehi a tt 0 Vero B achire Sfatt ` AC EattWaYep .. f ;or ,0v" 1.,oPmes=Ds 5a3. 76tttS nodge Rtt _5otlge�R 6i�le Eart A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK PROJECT LOCATION AERIAL 2021 Indian Ccw't'l . t l INDIAN RIVER COUNTY PROPERTY APRAISER'S DATA CARD ✓dfCf!c.`.tRltlyjt iltNNl' �fl�iNiftli3Jth ucyV.lu1 ♦tlVY►Y . ♦ .. «s gyAk1MFFY1. sVu.y �iO�M17N1/MYiIM/wOMMM{iK MY#�Mt♦tYtiCfMJMtW�t .,,. «^ +wri�rn+rwrM4lNRwwu�'.+wtnnaa{asrearsfga�t w{atw-.,,,.. VJuitlon 9�oe wY,Yut�.rw4s�++,NN�'N.M++"6'k www+M 4.b+Mwr♦In�wFAi�YwwtNr♦Mth4a MtKw,Mtirr 1{INVt►Ir tt�t-r ♦tlhrVdhwr s if1yF W currMiM Pits >> CMN ,wtYdt WyYny Aldi ♦N,i h dti.i Y tin � Irlb{ a 4 ♦ 4 INDIAN RIVER COUNTY PROPERTY APRAISER'S DATA CARD iltNNl' �fl�iNiftli3Jth • .. .. . ♦ .. «s gyAk1MFFY1. VJuitlon www+M Ml:nr.dVr� }ts+wt MtKw,Mtirr 1{INVt►Ir tt�t-r ♦tlhrVdhwr s 1d,fN♦,dara pM�.e t.r ,wtYdt WyYny Aldi ♦N,i h dti.i Y tin it�YiIrIDMd ♦ 4 ♦ V !!�/YWY WYt,M {tlfYaM tl�w+M {IhMM hJwu♦ aM�tyM 4[1NW I. PiIa.N gtwY It�wM N,«. dti ItnMM� iLtsss t. ?i+.sM F.wah {iwW N..�Me WM M � ♦ M U11rlWt1♦1MYMYYI s M h IIw1 N'Mlr�liwWhrW rtl.Ivy.rwMlh'sM1 yrla* iiMw w4N W,w ttwp ,r,a. INDIAN RIVER COUNTY PROPERTY APRAISER'S DATA CARD A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK APPENDIX III EDR/FIRSTSEARCH TECHNOLOGIES REPORT (insert Attached pdf copy) NPL Site Narrative for Piper Aircraft Corp./ Vero Beach Water & Sewer Department PIPER AIRCRAFT CORP.1VERO BEACH WATER & SEWER DEPARTMENT Vero Beach, Florida Conditions at Proposal {June 10, 1986) The Pow A,�arft Corp ?Veeo Btaich vvlal-v. & Sewer Department Site covers 8 acres in Vero Beach inc,an River County Florida Piper assembles and paints light aircraft at tine southern end of the Vero Beach Municipal Airport In 1980, an unknown arrount of trichloroethylene te*od frorin an undeigtouna storage tank and distribution system cortamv%arting a nearby munictpal well of the Vero Beach Water & Sewer t*oartrneri vert) vodat%le organic Compounds (VOCs) The wW9. which was Subsequently shut doevn was part of a mun4cipai system serving about 33 DOC, people Six months later the rAy deveropeo two other wells to replace the closed one In 1981 the State entered into a Consent Agree�.ent with Roar tecioinN the corr*any to conduct a monstorwig testing and trefflmor'! piogf-a- W. ire site Pipe cepa.,ed the teak,ng storage tank aril in April 1981 uegan to puma out the contamsnated grouna water To date the pumpt N. has y*1ded approximately 2 050 gallons of VDC*. including tnchtoroefhytene cm am traris. I 2-dic)Nkoroetty�ene vinyl&,londa, and 1 1 -i:bcmoroet�,ylerie The Contarninateo water is sprayed into the a,, to itr�hancv removal of VOCs and is discharged into thio Main Carat *adiN to the, indan River Status (February 21, 1990) The ctTyi Corrttnting to -uhmit (Ijarterty reports on file monitn" of the treated eftoerl beriadiwarqed to the tric,an River Aicccrci.� to the FoAcia Depammerri of, Environmental Regulation P4xrs ground water pumping and treatment ptoglam has not ac,-.ieved Cleanup goals The;Yoprom wit be lee sivated and ardd*onai ternedisl inveslrgauu,.- amivaics m, be uncertaken For more information about the hazardous substances ideftfied,n Otis narrative summary including genaraV information regaidN ttie effects of vxpos4,e to these sucs-ar,*" or,,, human health please see. - the Agency for Toxic Sutistanoes and Disease Rege" ATSDRI ToxFAQs ATSDR ToxFA0s can be found on the Internet at ArSDR - ToxFAQs (hltp Pwww atuff cdc govMoirfactruiridex *%D) or by ielppl6rine X I.",S 42-AISDR or 1,886 4'?2-8737 Large Quantity Generator Handier generates 1,000 kg or more of hazardous waste during any calendar month, or generates more than 1 kg of acutely hazardous waste during any calendar month. or generates more than 100 kg of any residue or contaminated soil, waste or other debris resulting from the Cleanup of a spill, into or on any land or water, of acutely hazardous waste during any calendar month; or generates I kg or less of acutely hazardous waste during any calendar month, and accumulates more than 1 kg of acutely hazardous waste at any time: or generates 100 kg or less of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, of acutely hazardous waste during any calendar month, and accumulates more than 100 kg of that material at any time A TRUE COPY PERTIFICATION ON LAST PAGE 4R.- 8MITH, CLERK EXECUTIVE SUMMARY FUDS: The Lisbng includes locations of Formerly Used Defense Sties Properties where the US Army Corps Of Engineers is ectivety working or will take necessary clitianup actions. A review of the FUDS list, as provided by EDI and sated 05x'0412021 has revealed that there iE 1 FURS sae within approximately 1 mile of the target property. Lower Elevation Addresa Direction I Distance Map ID Page VERO BEACH NAVAL AIR ENE 112 - 1 10 957 mi ) t t! 15.4 ROD: Record of Decision. ROD documents mwlldets a permanent remedy at an NPL (Suporfund) site containing technical and health informabon to a�d the cleanup. A review of the ROD list, as provided by EDR, and dated 07t29r'2021 has revealed that there is 1 ROD site within approximately 1 mile of the target property. EquaUHigher Elevation Address Direction / Distance Map ID Page PIPER AIRCRAFT CORP. PIPER DR d AVIATION E 112. 1 (0.$91 nil.) o S EPA ID:: FLD004054284 DWM CONTAM A listing of active or known sites, The l,sung includes sites that need cleanup but are not aetivety being working on because the agency curronUy, does not have funding (primarily petroleum and drycleaning). A review of the DWM CONTAM list, las provided by EDR, and dated/1113/2020 has revealod that there are 2 DWM CONTAM sites within approxknM* 0.6 tmMN of the target property. EquaUHlgher Elevation Addr4m Direction I Dbtance Map ID Page DODGERTOWN OOLF COUR 4MAt+WJW SW j14 • !R (0.<.1S PWS 7 150 Program Site ld ERIC. 11024 VERO BEA CH, CITY OF tNlWANV ORT AKA N IM - *? (0.440 n+/J a 132 Program, Site Id ERIC 11022 RESP PARTY: Open, Inactive and closed respons:bie party altos A review of the RESP PARTY list, as provided by EDR, and dated 06/21/2021 has revealed that there are 2 RESP PARTY sites within approximately 0,5 miles of the target property. EquagHlgher Eievation Address Direction I Distance Map ID Page DODOERTOWN GOLF LOUR 43RD AVENUE SSE 114-112 (0.133 ml.) 7 1$0 Site Status CLOSED VERO BEACH, CITY OF WEST AIRPORT AREA N 114 • 101 (0.119 mi.) s 152 Site Status OPEN EDR SUMMARY REPORT OVERVIEW MAP- 6680411.2S A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK ,r- aawwra'�"""al J t f Cts jt A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK J Y ON • .r✓M i Mi Ytr �atNNil r,la71y1 d NI � a cobw to aw %vw p(4rN tnaan Reaarvakom 94A F1 BrowV41AF fw Urgat vroarty F'nwel !ranatnta�on tnM 1 A4"utac4gd Gs s Pta-.L, f IwtAl 1-kwd Fumd Aaa wto qt -t F;aD:l:ti71 F'nudv li.t &k . _ O.as, Arnko Cnsnca Flood hazard Npt ikkM& SMs Nakrml ManE YIVMb+Y The tow llwhd n 1plewae krao lave+%, r. pantry mutat Mfr rnap tnlurr a wn Thr tete W"9*4 anh thtmr. rxrrr. Mr the detach mrp Vift & NAMEVara Beach 1' ke Subon .3 CLIENT: Advanw" CotteUWV LLC nWF ss Varo Nwwt•.hAln x , CONTACT: Ghry ea w aac Vero Bh F� +NQUIRY d 8580411.28 r/LLWG- VA4946) 80.42632 DA 1 L. . �e;Asfftw 2q, 2021 8.07 sm e M EDR OVERVIEW MAP J f Cts J Y ON • .r✓M i Mi Ytr �atNNil r,la71y1 d NI � a cobw to aw %vw p(4rN tnaan Reaarvakom 94A F1 BrowV41AF fw Urgat vroarty F'nwel !ranatnta�on tnM 1 A4"utac4gd Gs s Pta-.L, f IwtAl 1-kwd Fumd Aaa wto qt -t F;aD:l:ti71 F'nudv li.t &k . _ O.as, Arnko Cnsnca Flood hazard Npt ikkM& SMs Nakrml ManE YIVMb+Y The tow llwhd n 1plewae krao lave+%, r. pantry mutat Mfr rnap tnlurr a wn Thr tete W"9*4 anh thtmr. rxrrr. Mr the detach mrp Vift & NAMEVara Beach 1' ke Subon .3 CLIENT: Advanw" CotteUWV LLC nWF ss Varo Nwwt•.hAln x , CONTACT: Ghry ea w aac Vero Bh F� +NQUIRY d 8580411.28 r/LLWG- VA4946) 80.42632 DA 1 L. . �e;Asfftw 2q, 2021 8.07 sm e M EDR OVERVIEW MAP lwrch %"At I.# - eMrOa 1�r do 29W ArpoA tic W, Vara lbo A. t "a, 3Z* -J w+re Voir• .. irwir w �e ' ' trIM4 '�yyy .. Z _s J I ,. «: �. �. '% 4, L.+..• a�.. t�«,s�,tay luua or.n t�rt�axr r usr.. Ra kwdi y An Maw. ba x+d cyan rM ka1siea dwr an ainla7e with rhe mapr aboc�. To xbne rW� s war:.i� ro a nwr tmq�vM a+eo cJ mt� rxt. atHrx wst the CGVY:h�3:.11.1t1u>s:am StlActlfyrrzr xuswan#rfnrawl�,rrxaounimWnrawmaµprwnrWwp`+cxv,h+(,orlTMA,w{nvlwimischtc4 Las G( EFA - amus aed nkwwws a rAvkvjau A TRUE COPY CERTIFICATION ON LAST PAGE J,R, SMITH, CLERK Copy M Excel PW V4**v 1 to 3 a 3 envks Fksr PrrWm s a Mast I as( AFRO SH407 AlrtTiO 7 MTiT Av VT 008fi1CTt, n. VW tntlorJc 2/.K11 tango' •. X4041 = zr MIMMEMM JFTAKATK raK .11WARPW 1 WV D* Wao tttACK A 319" t atRude' 17.65116 t aryyrtdp' dEt775N VERt18tACH FMf Of PT.*j- nW 4. Aro Ad VM B AUt rt 3i5tl019A I ar3Mae 17 f4W& vgA ft 41DA2W Perol vww�entries Scarch� -- AOf AMO NO W MO 0"o --Wn* Mambo tr WA"o Mp ENVIROFACTS DATA SEARCH eMrOa 1�r do ENVIROFACTS DATA SEARCH A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION rroperty owner Notlrlcatlon OT uiscovery OT rollutlon arnne.n rywr,P, rk t 6nehnn m nim v e, f pwi, m These are sites for which site rehabilitation Mas beep conducted when pollution was discovered at Properties m the vicinity. This m not a complete lest d a8 oondmunted saes n thin county. nor rs a A mnokte list of a/ sites for whldt r>.00erty avmers ori recaive nmtifralimn of o011 tDn CLEANUPPROGRAM PROGRAM AREA COUNTY SITE 1) SITE NAME SITE ADDRESS --^� CITY ZIP PUBLIC NOTIRCATIO N DATE Petroleum Indian Riser 90192111 MURPHY OIL 5788 1999 US HWY 1 SEBASTIAN 32958 57182010 Dryden V (State Funded) Indian Rorer 319509853 60 MINUTE CLEANERS (VERO 1145 20TH PLACE BEACH VERO BEACH 32DW 10/12010 Drydeavp (State Funded) kdian River 319500653 60 MINUTE CLEANERS (VERO 1145 20TH PLACE BEACH VERO BEACH 4/182005 Pewdeunt Indian River 8509321 ADDISON OIL CO 1230 16TH ST VERO BEACH 32960 050671006 Pebokum Indus River 9100095 ISETHEL SERVICE STATION 6375 85TH ST VERO BEACH 32967 03050011 Pebolnr n kdtan River 9100095 BETHEL SERVICE STATION 0375 85TH ST VERO BEACH 32970 11/0471095 Petroleum kndian River 9201744 BROWN'S SERVICE STATION 323545TH ST VERO BEACH 32967 03A)50010 Petroleum Indus Riser 8914436 COAST AUTO SALVAGEN 4 ST 0 BEACH 7 111 11 Petroleum _ Indian Rover 16 MAST UTO SALVA NC i ST 0 BEACH 7NTOW- DrVdewung (Stare Funded) Indian River 319=0907 _. COMET CLEANERS 1859 20TH ST VERO BEACH 32D60 10/1571019 Drycleananp (State Funded kndian Rorer 919 6 0 0 307 COMET CLEANERS 1859 20TH STREET O BEACH 06/100006 Petroleum Indian Rorer 8&20246 CUMBERLAND FARMS 0955 2814 9TH ST SW VERO BEACH 32982 0225/2011 Petroleum Indian RicerwuwiMBR D FARMS OVA 14 OSLO RD O BEACH 32902 10121 12005 Petroleum Petroleum Indus Ricer I d— River 8508210 6509238 DUN000 1 EXXON SIFFORUS 16M OLD D00E HWY 15&0 US HWY t -VERO VERO EACH BEACH _ 32980_ 32960 05262006 02252011 Pewdetm Indra= River 86092M EXXON S4FFOROS 1550 US HWY 1 VERO BEACH 32960 102172105 Indian Riser COM 1 R C CAITTCE DIP VAT 9255 93RD ST VERO BEACH 32983 32012 Petroleum Idiom Riser 85DMS NATIO07L MA 13 9105 20TH ST VERO BEACH 32966 12/03/2019 Pwoleun Indian River 8509356 NATIONAL FOOO HURT 13 8195 20TH ST VERO BEACH 32906 07.1152005 Supevf.W (Npl Enforcemen_g__ Superhnd (NPL Endarcement) kdian River _. Indan River I DOD000026 000000026 PWERIVERO BEACH _ _ PPERIVERO BEACH PIPER DR d AVIATION BLVD PIPER DR A AVIATION BLVD. VERO BEACH VERO BEACH 32960 11/180011 050050006 Petroleum Ind— Riser 8735642 T G ROGERS 5445 16TH ST VERO BEACH 32988 05070011 Petroleum Indian Riser 8735642 TGR 5445 18TH ST VERO BEACH 32906 01/270006 Petroleum Indian Riven 8520290 TEXACO NTOW N 1800 14TH AVE VERO BEACH 32960 0111471011 Petroleum Indian Riser 8520290 TEXACO DOWNTOWN 1600 14TH AVE VERO BEACH 32980 081190005 Petroleum Ind— River 97OU72 VERO HIGHLANDS MOBIL 2065 S US 1 VERO BEACH 32902 12/012006 Petroleum Indus River 8629896 IMERCHANTS4 8525 N US 1 WASASSO 32970 110040005 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK CITY OF VERO BEACH- WELLFIELDS e AQW rsxt a+w �n+i a+w \ >a»r� crrr of VEno — a�►cusxaLDs m+ .«. .i...ir • .ar 1 A7iMN •� �,%1 INDIAN RWFA --W- 4W A -- cbumy bmext&} R JJ • IAN I I 1 ..-� IyOCj AapN laftHmlua Flgm 2. Model domain and well locations. Wells with the 'VB' prefix are located in the City of Vero Beach wolffeld. All other wells are part of the Indian River County wehYield. ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK APPENDIX IV SITE PHOTOGRAPHS i 1 a..e.ew.3 ry ONSITE BACK-UP GENERATOR AND LP AST FUEL TANK ,o Olt f TWIN LP ASTs ON SUBJECT SITE VERO BEACH PUBLIC WORKS ENGINEERING FACILITY ASTs A TRUE COPY CERTIFICATION ON LAST PAGE J,R. SMITH, CLERK CONTINENTAL JET AVIATION PARIS AVIATION ASTs 2,000 GALLON AST AT N.E. CORNER OF 3455 BUILDING TWIN ASTs AT 3530 SKYBORNE AIRLINE ACADEMY A TRUE COPY CERTIFICATION ON LAST PAGE J,R. SMITH, CLERK ABOVE GRC )ER DRIVES FUEL VEHICLES AT 3450B CORPORATE AIR FACILITY N.W. OF SITE PIPER FACILITY EAST OF SUBJECT PROPERTY A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK NRCS SOIL SURVEY MAP Map Unit Legend M a a Nap Una Symbol i Map Unit None Eejt a1oa nae earn Acres In A01 1 pemenl of A01 3.3 W.4% 6 oluWar If* sera; ?S' 31.6% "7blsls for Area of Ink -It 514 160.0;G FEMA Flood Zones hA induon Rhd Co svy Fkrioa a M a a wnr+.ava �► .,,, awrww.w..+ma... � ■... . uex*eawa s++,a..�,.v.r. �_ �++'rsrwaHtr..oarts all115.+�! rnrrraaw W.b _. .., ».asrw w...a.•sr ..c. awe a»s .v.... w... FIRM FLOOD PRONE RATE MAP ATRUE COPY CERTIFICATION ON LAST PAGE J,R. SMITH, CLERK APPENDIX VI C7! US.I`Man Idlite Service National Wetlands InventoryFire Rescue Station #3 USGS 1'.A) t � Ij K YqPC7-M l,C4f'A:. A1RorJP ♦r �� P. r7 J GOP ..t Y n �c • .. ('..nom ��"t�� ,> OcWetG 2021 hw+r« •t. genw9 MPs.M1fi�Y T'•"!` ^f .rf!•irrlx t r�poyy6 at to 1RYY'zy a <v crtrrrc d m Wetlaf W starn nr.� nam mhs ma, N aramt. T:iw 11b. rn l.7 rFreshwaterEmergent Wedand fj Lake Estuanne and Marme Deepwareer Freshwater ForestedrShruu Wesand Cther EstuannC and Marine WetbnQ ' Freahwaur Pond Rtvenne +,nw�r.+...av xnrerr,w.n. U5V5 QUAD MAP FOR VERO BEACH REGIONAL AIRPORT FLORIDA A TRUE COPY OURTIEICATION ON LAST PAGE JR. SMITH, CLERK APPENDIX VII HISTORIC AERIALS 1943 AERIAL 1951 AERIAL ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK �+ i•, f di a� ., .....w-a+r : • .nw,/�i .. � ��� awl. Lk UPI Y 1970 AERIAL Y, i Y t 1981 AERIAL 1994 AERIAL • Y tai . �'�"`t '"` *'°'9 - �s.,..,i►e."..,s,r:� 1999 AERIAL A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF OFFCINAL ON FILE IN THIS V. JfjFF %O} R. s L APPENDIX VIII RESUMES Advaintaage Consulting, LLC Direrse, lunoia(he, Hesponshe, I:Preethe 111) Lake Lenelle Urine (6aluota, Florida 32768 RY E. EXNER, CHMM, CFEA, REPA ;ipal Consultant Ir. Exner is a Principal Consultant of Advantage Consulting, LLC, a full service ecologica onsulting firm with extensive experience in conducting environmental investigations anc nvironmental engineering studies required for a variety of roadway projects throughout centra nd south Florida. Mr. Exner's expertise has developed over the past 30 years through the ianagement of major projects including: Environmental Impact Statements, Transportatior 'D&E Studies; Developments of Regional Impact (DRIs); Habitat Conservation Plans for private nd public projects. His work also included studies for: public parks; multi -use trails, blueways nd greenways; and numerous roadway projects throughout the state. As part of providing iese services, he was one of the first consultants to be certified by the U.S. Army Corps of ngineers as a Certified Wetlands Delineator. He also hold certifications and training expertise )r air quality studies, traffic noise studies, water quality impact evaluations, and wetland valuations and permitting as required by the Florida Department of Transportation. Mr. Exner as worked extensively with Seminole County on a wide range of projects. These projects have icluded: Environmental Site Assessments and Hazardous Materials Studies. Gary Exner also erved as the lead scientist for the John Young Parkway Extension (EIS) Environmental Impact tatement for the FDOT, the Draft of which was completed in a record-breaking 8 months time. e was also the lead scientist for the US Highway 1 EIS which covered a 38 mile long corridor om Cove Road in Stuart to 17"' Street in Vero Beach, Florida. His experience and efficiency in andling a wide range of environmental tasks has proven to be an asset to many teams through lorida. DUCATION • M.A., University of Phoenix, 2000 • B.S., University of South Florida, 1973 ROFESSIONAL EXPERIENCE • Principal Consultant — Advantage Consulting, LLC • Executive Vice President/Chief Financial Officer — EMS Scientists, Engineers, Planners, Inc. • Project Manager/Environmental Scientist — Jammal & Associates, Inc. • Environmental Scientist — Gee & Jenson Engineers, Architects, Planners, Inc. • Environmental Specialist IV — Florida Department of Environmental Regulation • Environmental Director — City of St. Petersburg, Environmental Affairs Dept. ROFESSIONAL REFERENCES • Mr. Jerry Matthews, Seminole County Engrg. Div. 530 W. Lake Mary Blvd., Ste. 200, Sanford, FL 32773 (407)665-5646 • Mr. Don Donaldson, P.E. Martin County Engineer, 2401 S. E. Monterey Rd. Stuart, FL 34996 (772)288-5927 D.C.