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HomeMy WebLinkAbout06/07/2022ri E3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JUNE 7, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Joseph H. Earman, Vice Chairman, District 3 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Chris Drinnon, Grace Baptist Church 3. PLEDGE OF ALLEGIANCE County Administrator Jason Brown 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation from Casey Lunceford of IRSC on the Fellsmere Inn Project 6. APPROVAL OF MINUTES 6.A. Regular Meeting of April 12, 2022 6.11. Regular Meeting of April 19, 2022 6.C. Regular Meeting of May 3, 2022 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION June 7, 2022 Page 1 of 8 7.A. Proclamation Honoring Scott Newkirk on His Retirement From Indian River County Board of County Commissioners Department of Parks & Recreation with Fourteen Years of Service Attachments: Proclamation 7.B. Indian River County Venue Event Calendar Review Attachments: Event Calendar June 2022 7.C. City of Vero Beach Ordinance 2022-15, requested by Indian River Land Trust Inc. and Marc Rose and Dorothy Strunk, Co -Trustees of the Gator Group Land Trust Agreement to Voluntarily Annex Properties located at the Northeast and Southwest Corners of Indian River Boulevard and 37th Street, containing 42.36 Acres more or less. Attachments: COVB Ordinance 2022-15 8. CONSENT AGENDA 8.A. Checks and Electronic Payments April 15, 2022 to April 21, 2022 Attachments: FINANCE DEPARTMENT STAFF REPORT 8.13. Checks and Electronic Payments April 22, 2022 to April 28, 2022 Attachments: FINANCE DEPARTMENT STAFF REPORT 8.C. Checks and Electronic Payments April 29,2022 to May 5, 2022 Attachments: Finance Department Staff Report 8.D. Checks and Electronic Payments for May 6, 2022 to May 12, 2022. Attachments: Finance Department Staff Report 8.E. Checks and Electronic Payments for May 13, 2022 to May 19, 2022. Attachments: Finance Department Staff Report 8.F. Checks and Electronic Payments for May 20, 2022 to May 26, 2022. Attachments: FINANCE DEPARTMENT STAFF REPORT 8.G. Approval of a License Agreement with Vero Beach Foundation Indians Football and Cheer Corporation (a Florida Not for Profit Corporation) to provide Youth Tackle Football and Cheerleading Programming and Enrichment Programs at the Victor Hart Sr. Community Enhancement Complex located at 4715 43rd Avenue, Vero Beach, FL Attachments: BCC Memo_ VBFI License for VHSCEC_Finalpdf Foundation Indians Football License Agreement Final June 7, 2022 Page 2 of 8 8.11. Resolutions Cancelling Taxes Attachments: Staff Report Resolution Cancelling Taxes - Christine Ford Resolution Cancelling Taxes - Gagliano Trust 8.I. On -Airport Lease and Aircraft Rescue and Firefighting (ARFF) Agreement Attachments: Staff Report ARFF Agreement COVB Airport IRCDES Eff 10.01.2021 IRCDES COVB Airport Land Lease Eff 10.21.2021 Memorandum of Lease Airport IRCDES Eff 10.21.2021 8.J. Amendment 1 to Work Order No. AACE-1, Moorhen Marsh Low Energy Aquatic Plant System (LEAPS) IRC -2107 Attachments: Staff Report Amendment No. 1 to WO No. AACE-1 8.K. Approval of Amendment No. 3 - FDEP Grant Agreement No. 50839 for Construction of an Oyster Reef Along Foot Island in the Indian River Lagoon Attachments: Staff Report Amendment No. 3 to FDEP Agmt No. S0839 8.L. Amendment 2 to Work Order No. 3 for Bowman Consulting Group, Ltd., West Wabasso Septic to Sewer Phase 313 Attachments: Staff Report Amend 2 to Work Order 3 Bowman Consulting 8.M. Reclaimed Water Agreement between Indian River County and New Indian River Club Inc. Attachments: Staff Report 1996 Indian River Club Agreement Reclaimed Water Agmt Btwn IRC & New Indian River Club Exhibit A 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Supervisor of Elections Chief Deputy Maureen Houssell re: Polling Place Update Attachments: Memorandum from Supervisor of Elections 2022 Individual Polling Locations Polling Place Locations List 10. PUBLIC ITEMS A. PUBLIC HEARINGS June 7, 2022 Page 3 of 8 10.A.1 Public Hearing Regarding Bhakta Farms, LLC's Request for Major Site Plan and Special Exception Use Approval for a Farm Based Rum Distillery (Agricultural Industry) with Associated Accessory Residential Units [SP -SE -20-07-26 / 2004020221-86955] (Quasi -Judicial) Attachments: Staff Report Planning and Zoning Minutes Location Map Aerial Map Site Plan Landscape Plan Overall Detailed Landscape Plan 10.A.2 Public Hearing Regarding Henry Fischer's Request for Abandonment of the North and West 12 -foot -Wide Strips of Land Reserved for a Public Road that are Located Within the Bounds of the Property Located at 10105 Industrial Park Blvd [ROWA-21-09-01 / 2021060061-90141] (Legislative) Attachments: Staff Report Location Map Resolution Exhibit A 10.A.3 Public Hearing to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non -Ad Valorem Assessments for Street Paving in the Oslo Park Area - LEGISLATIVE Attachments: Staff Report Ordinance re Oslo Park paving MSBU Oslo Park MSBU List 06.01.22 Affidavit of Publication - Oslo Park Street Paving Notice - MSBU - 2nd Phase 10.A.4 Indian River County Board of County Commissioners and Kelly Stanton of Super -nix Request to Rezone Approximately ±9.24 Acres from A-1, Agricultural -1 District (up to 1 unit/5 acres) to IG, General Industrial District [RZON2021090086-90882] [Quasi -Judicial] Attachments: Staff Report Rezoning Application Table of Uses for Agricultural Zoning Districts Table of Uses for Industrial Zoning District Future Land Use to Zoning Dist Comp Table Rezoning Ordinance B. PUBLIC DISCUSSION ITEMS June 7, 2022 Page 4 of 8 10.13.1 Request to Speak from Bill Rigby, West Wabasso Progressive Civic Club, re: Dasie Hope / WWPCC Lease Termination Attachments: Public Discussion Request Rigby C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1 Consideration of Lemnature AquaFarms USA, Inc's Request for a Local Jobs Grant Attachments: Staff Report Jobs Grant Application Draft Jobs Grant Agreement B. Emergency Services C. General Services D. Human Resources 12.D.1 Group Insurance Recommendations for Plan Year 2022/23 Attachments: Staff Report - Insurance Recommendation E. Information Technology 12.E.1 Admin to EOC Fiber Procurement Attachments: Staff Report IRC 144 Fiber Quote F. Office of Management and Budget 12.F.1 Tourist Development Council 2022/2023 Budget Recommendations Attachments: Staff Report G. Public Works 12.G.1 Completion of April/May 2022 Derelict Vessel Removal Attachments: Staff Report IRC DV Map 12.G.2 Work Order No. 51 - Kimley-Horn and Associates, Inc., Aviation Boulevard Extension - Alternative Alignment Study (IRC -1761) Attachments: Staff Report Kimley-Horn Work Order No. 51 June 7, 2022 Page 5 of 8 H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Counteroffer for a Parcel of Right -Of -Way Located at 8055 66th Avenue, Vero Beach, FL 32967 Parcel 130 Owned by Robert and Mary Grace Sexton Attachments: Staff Report Aerial photo and sketch and legal description 13.B. Acquisition of Right -Of -Way from Venda Burgess for 58th Avenue/33rd Street Intersection Improvements - 3335 58th Avenue Attachments: Staff Report Agreement to Purchase and Sell Real Estate 13.C. Community Development Districts Attachments: Staff Report CDD Guidelines May 24, 2022 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1 Request for Board to give direction to staff to work with City of Vero Beach (COVB) and Town of Indian River Shores (IRS) on establishing "Anchoring Limitation Areas" in the Indian River Lagoon. Attachments: Memorandum - Anchoring Limitation Areas Clean Water Coalition Correspondence Florida Statute 327.4108 Email Correspondence - Jessica Crawford, FWC B. Commissioner Joseph H. Earman, Vice Chairman 14.B.1 Discussion on Letter Proposing Public Use of School District of Indian River County Recreational Facilities Attachments: Commissioner's Memo Letter to School District C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1 Approval of ESD Minutes Meeting of February 1, 2022 June 7, 2022 Page 6 of 8 15.A.2 Approval of ESD Meeting Minutes of February 15, 2022 15.A.3 Disposal of County Asset #20110, Fire Safety House Attachments: Staff Report ESD Agenda Item with Minutes Email Correspondence with Local Email Correspondence -Location 2019 Bill of Sale 2022 Bill of Sale B. Solid Waste Disposal District 15.B.1 Approval of SWDD Meeting Minutes of May 3, 2022 15.B.2 Site Access Agreement with Indian River Sustainability Center Attachments: Staff Report Site Access Agreement 15.B.3 Final Pay to Geosyntec for Work Order No. 8 - IRC Groundwater Compliance Technical Support Services Attachments: Staff Report Geosyntec Project Completion Report and Final Invoice C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.iregov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. June 7, 2022 Page 7 of 8 Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. June 7, 2022 Page 8 of 8 7A, PROCLAMATION HONORING SCOTT NEWKIRK ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PARKS & RECREATION OCEAN RESCUE DIVISION WHEREAS, Scott Newkirk retires from the Indian River County Department of Parks & Recreation Ocean Rescue Division effective June 16, 2022; and WHEREAS, Scott Newkirk began his career with Indian River County Department of Parks & Recreation Ocean Rescue Division on February 29, 2008, as a Lifeguard I, which is the position he continued in until his retirement; and WHEREAS, Scott Newkirk has served this County and the Public with distinction and se flessness. He has gained the respect and admiration of his colleagues, co- workers and citizens within the County and his work is greatly appreciated, and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OFINDLANRIVER COUNTY, FLORIDA, that the Board applauds Scott Newkirk's hard work representing the organization on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last fourteen years! BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 7th day of June 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter O'Bryan, Chairman Indian River County Venue Event Calendar For more information go to www.ircgov.com - Event Calendar Youth Flag Football Registration May 2- Aug 12. Season Starts Sept. 17 -Nov. 5 • Ages 4-14. $45 per Child ➢ Make friends, stay active, have fun! Sciencetellers Live Science Show Jun 9 @ North IRC Library • 10:30-11:30 am. Free Event! ➢ Join us for a fun and education live science show! Face coverings are encouraged, registration not required. Mystic Drumz-The Legend of Marshmallow Island (Children's Program) Jun 10 @ Main Library • 10:30am-11:30am. Free Event! ➢ Join us for this interactive show that aims to make musical education fun and exciting for the whole family. Registration is not required. Knit for a Cause -Shawl Program to benefit the Sexual Assault Assistance Program Jun 10 @ Brackett Library • 12pm-4pm. Free Event! ➢ Join your fellow knitters and knit for the cause. We'll have some yarn, knitting needles and patterns available for use. Donations are appreciated. All handmade shawls will be donated to the Sexual Assault Assistance Program. Light refreshments will be served. No registration required. Family Movie Night -Pirates of the Caribbean: Curse of the Black Pearl Jun 11 @ iG Center • Starts at 5:30pm. Free Event! ➢ Come join us at the iG Center for a family movie and game night! There will be food for purchase, games, and more! Games start at 5:30pm and the movie begins at 7pm. Come dressed as a pirate! 2 Gala of the Royal Horses Jun 11 @ IRC Fairgrounds • 7-9pm. Event costs $20-$55. By tickets: etix.com/ticket/p/4149891 ➢ Come to IRC Fairgrounds and see a horse show showcasing 4 different breeds of horses. Birth of the Blues with Dave DeLuca Jun 14 @ Brackett Library • 6pm-7pm. Free Event! ➢ "Birth of the Blues" is a musical exploration of American Blues Music. This Program features blues songs from the early 1900s through the 1970s, written and made popular by blues legends like W.C. Handy, Robert Johnson, Lead Belly, Willie Dixon, Howlin' Wolf, Muddy Waters, B.B. King, Fats Waller, Bessie Smith, Etta James, Louis Jordan, Billie Holiday and Big Joe Turner. Out of my Hands Juggling Show Jun 16 @ North IRC Library • 10:30-11:30 am. Free Event! ➢ Don't miss this exciting and hysterical show featuring juggling and more! Face coverings are encouraged. Registration is not required. Science Experiment Day Jun 16 @ North IRC Library • 4-5pm. Free Event! ➢ Try out science experiments for fun, and learn (just a little bit!) in the process. Teens only, grades 6-12. Face covering encouraged. Mr. Richard -Live in Concert! (Children's Program) Jun 17 @ Main Library • 10:30am-11:30am. Free Event! ➢ Join us for a hilarious and toe tapping family concert! 2022 Mary Snyder Annual Golf Tournament Jun 18 @ Sandridge Golf Club • Registration starts at lam. $75 per golfer. • Register and pay online at https://www.vvirc.org/Registration.html ➢ The golf event includes 18 holes of golf, a golf cart, awards ceremony, and lunch for only $75 per golf participant. One lucky golfer who lands the first hole -in -one on the 17' hole will win a brand-new car! Veterans Golf Tournament Lunch Jun 18 @ IRC Fairgrounds • 12pm-3pm. Included in $75 golfer fee for the 2022 Mary Snyder Annual Golf Tournament. ➢ Golf tournament at Sandridge holds their lunch here after playing. Vero Beach Gun Show Jun 25-26 @ IRC Fairgrounds • SAT 9am-5pm and SUN 10am-4pm. Admission $8 ➢ Buy, sell, and trade guns/related items. Healthy Southern Cuisine with Chef Warren Caterson Jun 28 @ Brackett Library • 6pm-7pm. Free Event! ➢ Retain the flavor while reducing the fat and salt! Learn how to transform traditional southern dishes into healthier ones without losing their essence with these simple hints and tips. This program is free and open to all. No registration is required. Let's Get Cooking with Chef Warren Caterson! (Children's Program) Jun 29 @ Brackett Library • 6pm-7pm. Free Event! ➢ Children ages five -ten years old will learn all about good nutrition, basic kitchen safety, and easy cooking techniques. Everyone goes home with recipes that they can start making that night! This is a free program and all are welcome! No registration is required. M InTmniwercolinty MAY 2 5 2022 ORDINANCE N0.2022- 15 Office of the County Administrator AN ORDINANCE OF THE CITY OF VERO BEACH, FLORIDA; REQUESTED BY INDIAN RIVER LAND TRUST, INC. AND MARC ROSE AND DOROTHY STRUNK, CO -TRUSTEES OF THE GATOR GROUP LAND TRUST AGREEMENT TO VOLUNTARILY ANNEX PROPERTIES LOCATED AT THE NORTHEAST AND SOUTHWEST CORNERS OF INDIAN RIVER BOULEVARD AND 37'h STREET, CONTAINING 42.36 ACRES MORE OR LESS, PURSUANT TO THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044 FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section�171.044 Florida Statutes, provides for voluntary annexation of property into a municipality, provided, among other things, that the property is contiguous to the municipality and is reasonably compact and does not create enclaves of unincorporated areas, and provided that all the owners of the property petition for such an annexation; and WHEREAS, the owner(s) of the properties, as graphically depicted in the Exhibit attached and incorporated herein, Indian River Land Trust, Inc. (subject Annexation "A") and Marc Rose and Dorothy Strunk, Co -Trustees of the Gator Group Land Trust Agreement (subject Annexation "B") , have determined that annexing the properties into the City limits would be in their interest; and WHEREAS, the City finds that the annexation of the properties satisfies the requirements of section 171.044 Florida Statutes and would be in the public interest; and WHEREAS, the City Clerk has advertised at least once each week for two (2) consecutive weeks in a newspaper, as required by section 171.044 (2) Florida Statutes; and WHEREAS, the City Clerk has provided notice to Indian River County of this annexation proceeding by certified mail at least ten (10) days before this ordinance was advertised per the requirements cited above , as required by section 171,044(6) Florida Statutes, NOW, THEREFORE, BE YT ORDAINED OF VERO BEACH, FLORIDA, THAT: BY THE CITY COUNCIL OF THE CITY Section 1. Adoption of "Whereas" clauses The foregoing "WHEREAS" clauses are hereby adopted herein. Section 2. Adoption of Land Annexed The subject properties include Annexation "A" and `B" which consist of 42.36 acres more or less which are located at the northeast and southwest corners of Indian River Boulevard and 375. Street, and which are more particularly described in the Exhibit attached and incorporated herein. Page i of 3 Plus Exhibit(s) incorporated by reference 5 fi Section 3. Redefine and Record Boundaries The City Engineer is authorized to prepare a redefinition of the boundary Iines of the municipality for inclusion in the City Charter. A copy of such revision is to be filed with the Department of State within thirty (30) days of the adoption, with a copy to the Office of Economic and Demographic Research, as required by section 171.091 Florida Statutes. Section 4. Conies to State and County. The City Clerk is directed to file a copy of this annexing ordinance with the Clerk of the Circuit Court of Indian River County, the County Administrator of Indian River County, and the Department of the -State -of Florida. witEn-seven=(7)-days-after-its-adoption; as-required'by-sectidn 171.044 (3) Florida Statutes. Section 5. Ordinance Effective Date i This ordinance shall become effective upon final adoption by the City Council. This Ordinanc was read for the first time on the L day ofd=`2022 and was advertised on the day ofJ)Dri � 2022, and one week later on the day of \ 2022 as being scheduled for a rpublic hearing to be held on the da of Y 022, at the conclusion of which hearing it was moved for adoption by C kncilmember -MC Ca h f _ , seconded by Counciimember and adopted by the following vote: Mayor Robert Brackett 5 Vice -Mayor Rey_NeviIle T �- Councilmember Honey Minuse I Counciimember Robert McCabe Councilmember John Cotugno q la -Z ) w r ATTEST: ,J, T - Bursick City Clerk CITY+ ACH, FLORIDA Robert Brackett Mayor Page 2 of 3 Plus Fxhtb(t(s) Incorporated by reference Z (SEAL) ADMINISTRATIVE REVIEW (For Internal Use Only-Sec.2-77 COVB Code) Approved as to form and legal sufficiency: Jo S. Turner City Attorney Approved as to technical requirements: /I Ja/on H. qeffi ies Director, Planning and Development Approved as conforming to municipal policy- --m �4 JJ'' K Moatb K. Falls City Manager Approved as to technical requirements: Mathew Mitts Director, Public Works Page 3 of 3 h Plus Exhibit(j) lncorporaled by reference 7 °S VMNCCRP DAATED SUBJECT ANNEXATION "AL' 3720 INDIAN, RIVER BLVD PARCEL# 32-39-25-00000-7000-00002.0 PART OF THE SW 1/4 OF THE SE t/4 OF SECTION 2$-32-3% LES47'THE.NORM.30-FEET.THC.WET.886.49,FYET.-THE SOUTH _ 55 FEET. AND THAT PORTION DESCREICO AS PARCEL III IN THE - -ORDER CF TAIONO, FILED N CASE No. 91-0207—CA-05 W THE OMIT =I, OF THE toti ENTH .A ICIAL CIRCUIT IN AND FOA INOLLY RNM COUNTY, FLORIDA, AND THAT PROTION LYING SOUTH AND WEST CP 14DIAN RIPER BOVLEVARO. CONTAINING 16.19 ACRES t (PER IRC PROPERTY APPRAISER -S WEEPAGE) SUBJECT ANNEXATION "B" 37TH STREET � PARCEL# 32-39-36-00000-1000-00005.0 THE NW t/4 OF THE NF 1/4 OF SECTION 38-32-34; } LESS THE NW OF THE Nri OF ME W THE SVB.IECT PROPERTY, z ALSO LES57 THOSE PARCELS DESCRIBED IN OFFICIAL. RECORDS 800K 1073. PALE 754, BOOK 753 ,PACE 757. BOOK 504, PACE 540, AND BOOK 554, PACE M # ALSO LESS THE 14GHT OF WAY PARCEL No, 109, DESCR18E0 IN CIVIL ACTION CASE No. 90-270—OA-09, PER $BPULATED FINAL MOCEHENT RECORDED IN OFFICIAL RECORDS BOOK 1182, PACE 1217, ALL OF 1}{E PUBUC RECORDSOF INDIAN RIVER COUNTY, FLORIDA. CONTAINING 28.17 ACRES t (PER LRC PROPERTY APPRAISER'S WEEPAGE) VNINCflRPORATED PROPOSED NEW CITY LIMIT LINE AFTER ANNEXATION In CITY OF VERO BEACH OAK P01NT S/D ��j w � Pe 14, PO 34 IRC RFs n PARCEL 37TH STREET 37TH STREET UNINCORPORATED i CITY OF o VERO BEACH ! 'z 9. m / EXISTING CITY OMITS CITY OF % - •,.. r VERO BEACH E" S LINE OF NW 1/4 OF NE 1/4 � ��, . A i••• vd , a • � ifs UNINCORPORATED SCALE 1'a 400' w In CITY OF VERO BEACH OAK P01NT S/D ��j w � Pe 14, PO 34 IRC RFs n PARCEL 37TH STREET 37TH STREET UNINCORPORATED i CITY OF o VERO BEACH ! 'z 9. m / ,.........,.0.. •,.. r J S LINE OF NW 1/4 OF NE 1/4 � ��, . A i••• vd , a • � UNINCORPORATED C7' :On �'o,p�0f699iC DAVID GA THIS SKETCH IS NOT A SURVEY Y, PSM #5 J3 ATE REVS NOT AIITN+TLODYT CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION VOLUNTARY ANNEXATION E NaIBT B DEPARTMENT OF PUBLIC WORKS CITY PRo.7Ecr Na PORTIONS OF SECTION 25-32-39 2021 -AX -01 SURVEY & ENGINEERING DIVISION AND SECTION 36-32-39 0303 oz2 DG MTA JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 27h Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: April 21, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS April 15, 2022 to April 21, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of April 15, 2022 to April 21, 2022. 9 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 422170 04/21/2022 MARRIOTT FT LAUDERDALE NORTH 507.00 422171 04/21/2022 MARRIOTT FT LAUDERDALE NORTH 507.00 422172 04/21/2022 MARRIOTT FT LAUDERDALE NORTH 1,178.00 422173 04/21/2022 FLORIDA WATER & POLLUTION CONTROL 130.00 422174 04/21/2022 FLORIDA WATER & POLLUTION CONTROL 130.00 422175 04/21/2022 FLORIDA WATER & POLLUTION CONTROL 130.00 422176 04/21/2022 FLORIDA WATER & POLLUTION CONTROL 95.00 422177 04/21/2022 FLORIDA WATER & POLLUTION CONTROL 355.00 422178 04/21/2022 SOUTHEAST DESALTING ASSOCIATION 900.00 422179 04/21/2022 ROSEN CENTRE INC 543.00 422180 04/21/2022 COUNTY VETERAN SERVICE OFFICERS 160.00 422181 04/21/2022 COUNTY VETERAN SERVICE OFFICERS 160.00 422182 04/21/2022 COUNTY VETERAN SERVICE OFFICERS 160.00 422183 04/21/2022 MICHAEL THIELE 200.00 422184 04/21/2022 KRISTIN DANIELS 350.00 422185 04/21/2022 RACE TO SAFETY TRAINING LLC 225.00 422186 04/21/2022 DUKE HAWKINS 309.60 422187 04/21/2022 PALM COAST HOSPITALITY LLC 496.00 422188 04/21/2022 PALM COAST HOSPITALITY LLC 496.00 422189 04/21/2022 PALM COAST HOSPITALITY LLC 496.00 422190 04/21/2022 ALEXANDER WALLACE 75.00 422191 04/21/2022 PATRIC CARPENTER 36.00 422192 04/21/2022 UTIL REFUNDS 67.37 422193 04/21/2022 UTIL REFUNDS 54.59 422194 04/21/2022 UTIL REFUNDS 50.00 422195 04/21/2022 UTIL REFUNDS 67.93 422196 04/21/2022 UTIL REFUNDS 17.09 422197 04/21/2022 UTIL REFUNDS 69.72 422198 04/21/2022 UTIL REFUNDS 71.67 422199 04/21/2022 UTIL REFUNDS 31.50 422200 04/21/2022 UTIL REFUNDS 28.70 422201 04/21/2022 UTIL REFUNDS 37.81 422202 04/21/2022 UTIL REFUNDS 44.03 422203 04/21/2022 UTIL REFUNDS 58.05 422204 04/21/2022 UTIL REFUNDS 30.43 422205 04/21/2022 UTIL REFUNDS 33.61 422206 04/21/2022 UTIL REFUNDS 53.23 422207 04/21/2022 UTIL REFUNDS 45.16 422208 04/21/2022 UTIL REFUNDS 61.65 422209 04/21/2022 UTIL REFUNDS 72.70 422210 04/21/2022 UTIL REFUNDS 58.98 422211 04/21/2022 UTIL REFUNDS 48.07 422212 04/21/2022 UTIL REFUNDS 60.98 422213 04/21/2022 UTIL REFUNDS 67.37 422214 04/21/2022 UTIL REFUNDS 12.28 422215 04/21/2022 UTIL REFUNDS 187.39 422216 04/21/2022 UTIL REFUNDS 46.33 422217 04/21/2022 UTIL REFUNDS 1.37 422218 04/21/2022 UTIL REFUNDS 13.25 422219 04/21/2022 UTIL REFUNDS 25.98 422220 04/21/2022 UTIL REFUNDS 31.04 422221 04/21/2022 UTIL REFUNDS 51.84 422222 04/21/2022 UTIL REFUNDS 73.48 422223 04/21/2022 UTIL REFUNDS 15.56 422224 04/21/2022 UTIL REFUNDS 23.29 422225 04/21/2022 UTIL REFUNDS 79.83 422226 04/21/2022 UTIL REFUNDS 27.55 10 TRANS NBR DATE VENDOR AMOUNT 422227 04/21/2022 UTIL REFUNDS 82.69 422228 04/21/2022 UTIL REFUNDS 62.58 422229 04/21/2022 UTIL REFUNDS 41.27 422230 04/21/2022 UTIL REFUNDS 18.81 422231 04/21/2022 UTIL REFUNDS 22.00 422232 04/21/2022 UTIL REFUNDS 53.93 422233 04/21/2022 UTIL REFUNDS 38.91 422234 04/21/2022 UTIL REFUNDS 74.60 422235 04/21/2022 UTIL REFUNDS 34.55 422236 04/21/2022 UTIL REFUNDS 76.04 422237 04/21/2022 UTIL REFUNDS 72.63 422238 04/21/2022 UTIL REFUNDS 128.12 422239 04/21/2022 AT&T WIRELESS 144.96 422240 04/21/2022 AT&T WIRELESS 152.92 422241 04/21/2022 AT&T WIRELESS 969.19 422242 04/21/2022 AT&T WIRELESS 998.65 422243 04/21/2022 HACH CO 12,142.56 422244 04/21/2022 SCHULKE BITTLE & STODDARD LLC 850.00 422245 04/21/2022 GO COASTAL INC 258.00 422246 04/21/2022 SUNSHINE REHABILATION CENTER OF IRC INC 476.56 422247 04/21/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 8,494.86 422248 04/21/2022 INTERNATIONAL GOLF MAINTENANCE INC 102,765.60 422249 04/21/2022 FLORIDA WATER & POLLUTION CONTROL 30.00 422250 04/21/2022 FLORIDA WATER & POLLUTION CONTROL 30.00 422251 04/21/2022 FLORIDA WATER & POLLUTION CONTROL 30.00 422252 04/21/2022 FEDERAL EXPRESS CORP 25.56 422253 04/21/2022 SUNSHINE STATE ONE CALL OF FL INC 2,194.58 422254 04/21/2022 FLORIDA ENGINEERING SOCIETY 210.00 422255 04/21/2022 CELICO PARTNERSHIP 3,583.22 422256 04/21/2022 AMERICAN WATER WORKS ASSOCIATION 142.00 422257 04/21/2022 FISHER & PHILLIPS LLP 12,862.00 422258 04/21/2022 SOUTHERN MANAGEMENT LLC 5,428.50 422259 04/21/2022 NAPIER & ROLLIN PLLC 1,205.00 422260 04/21/2022 THE TRANSIT GROUP INC 9,438.98 422261 04/21/2022 ANFIELD CONSULTING GROUP INC 10,000.00 422262 04/21/2022 UNIFIRST CORPORATION 12.78 422263 04/21/2022 KERNS CONSTRUCTION & PROPERTY 5,407.87 422264 04/21/2022 AC VETERINARY SPECIALTY SERVICES 769.09 422265 04/21/2022 PRP CONSTRUCTION GROUP LLC 133,500.04 422266 04/21/2022 JOE PAYNE INC 11,836.24 422267 04/21/2022 FIRST CHURCH OF THE NAZARENE INC 37.50 422268 04/21/2022 AMAZON CAPITAL SERVICES INC 184.90 422269 04/21/2022 BENEFIT EXPRESS SERVICES LLC 16,123.80 422270 04/21/2022 GATEWAY SERVICES USA LLC 56.00 422271 04/21/2022 LOWES COMPANIES INC 35.12 422272 04/21/2022 LATITUDE 88 INC 250.00 422273 04/21/2022 CLEAN SPACE INC 15,530.91 422274 04/21/2022 ST LUCIE DEVELOPMENT LLC 7,831.00 422275 04/21/2022 P&A ADMINISTRATIVE SERVICES INC 459.00 422276 04/21/2022 HALEY MACLEARY 293.49 422277 04/21/2022 KAITLYN MCCARTY 501.49 422278 04/21/2022 UTIL REFUNDS 85.62 422279 04/21/2022 UTIL REFUNDS 34.28 422280 04/21/2022 UTIL REFUNDS 66.27 422281 04/21/2022 UTIL REFUNDS 37.87 422282 04/21/2022 UTIL REFUNDS 45.63 422283 04/21/2022 UTIL REFUNDS 35.51 422284 04/21/2022 UTIL REFUNDS 80.00 422285 04/21/2022 UTIL REFUNDS 47.16 11 TRANS NBR DATE VENDOR AMOUNT 422286 04/21/2022 UTIL REFUNDS 132.29 422287 04/21/2022 UTIL REFUNDS 32.88 422288 04/21/2022 UTIL REFUNDS 17.92 422289 04/21/2022 UTIL REFUNDS 42.77 422290 04/21/2022 UTIL REFUNDS 26.58 422291 04/21/2022 UTIL REFUNDS 12.44 422292 04/21/2022 UTIL REFUNDS 46.12 422293 04/21/2022 UTIL REFUNDS 43.95 422294 04/21/2022 UTIL REFUNDS 67.26 422295 04/21/2022 UTIL REFUNDS 45.60 422296 04/21/2022 UTIL REFUNDS 31.52 422297 04/21/2022 UTIL REFUNDS 68.67 422298 04/21/2022 UTIL REFUNDS 40.99 422299 04/21/2022 UTIL REFUNDS 13.34 422300 04/21/2022 UTIL REFUNDS 30.94 422301 04/21/2022 UTIL REFUNDS 12.23 422302 04/21/2022 UTIL REFUNDS 100.00 422303 04/21/2022 UTIL REFUNDS 72.93 422304 04/21/2022 UTIL REFUNDS 41.25 422305 04/21/2022 UTIL REFUNDS 62.98 422306 04/21/2022 UTIL REFUNDS 67.37 422307 04/21/2022 UTIL REFUNDS 36.22 422308 04/21/2022 UTIL REFUNDS 24.81 422309 04/21/2022 UTIL REFUNDS 31.04 422310 04/21/2022 UTIL REFUNDS 47.72 422311 04/21/2022 UTIL REFUNDS 41.10 422312 04/21/2022 UTIL REFUNDS 42.31 422313 04/21/2022 UTIL REFUNDS 43.20 422314 04/21/2022 UTIL REFUNDS 57.79 422315 04/21/2022 UTIL REFUNDS 42.18 422316 04/21/2022 UTIL REFUNDS 82.92 422317 04/21/2022 UTIL REFUNDS 43.96 422318 04/21/2022 UTIL REFUNDS 8.88 422319 04/21/2022 UTIL REFUNDS 71.44 422320 04/21/2022 UTIL REFUNDS 3.42 422321 04/21/2022 UTIL REFUNDS 93.69 422322 04/21/2022 UTIL REFUNDS 45.86 422323 04/21/2022 UTIL REFUNDS 75.16 422324 04/21/2022 UTIL REFUNDS 81.34 422325 04/21/2022 UTIL REFUNDS 29.92 422326 04/21/2022 PORT CONSOLIDATED INC 2,540.65 422327 04/21/2022 TEN -8 FIRE EQUIPMENT INC 147.66 422328 04/21/2022 RICOH USA INC 162.98 422329 04/21/2022 INDIAN RIVER BATTERY 968.70 422330 04/21/2022 SAFETY KLEEN SYSTEMS INC 188.00 422331 04/21/2022 REPUBLIC SERVICES INC 26,653.07 422332 04/21/2022 HACH CO 1,097.69 422333 04/21/2022 LFI FORT PIERCE INC 2,670.54 422334 04/21/2022 CLIFF BERRY INC 962.30 422335 04/21/2022 SWE INC 1,250.00 422336 04/21/2022 TIRESOLES OF BROWARD INC 222.50 422337 04/21/2022 TIRESOLES OF BROWARD INC 803.31 422338 04/21/2022 MIDWEST TAPE LLC 614.34 422339 04/21/2022 CITY OF VERO BEACH 4,016.28 422340 04/21/2022 INDIAN RIVER ALL FAB INC 765.00 422341 04/21/2022 HOME DEPOT USA INC 215.71 422342 04/21/2022 TREASURE COAST HOMELESS SERVICES 836.50 422343 04/21/2022 WEST PUBLISHING CORPORATION 370.00 422344 04/21/2022 FEDERAL EXPRESS CORP 131.62 12 TRANS NBR DATE VENDOR AMOUNT 422345 04/21/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 32.04 422346 04/21/2022 FLORIDA POWER AND LIGHT 95,924.36 422347 04/21/2022 FLORIDA POWER AND LIGHT 6,255.80 422348 04/21/2022 CITY OF FELLSMERE 325.74 422349 04/21/2022 PEACE RIVER ELECTRIC COOP INC 459.83 422350 04/21/2022 LANGUAGE LINE SERVICES INC 197.64 422351 04/21/2022 SHERILEE D PARSELL 6,200.00 422352 04/21/2022 WALKER PROCESS EQUIPMENT 3,474.05 422353 04/21/2022 NEXTRAN CORPORATION 15,852.28 422354 04/21/2022 ST LUCIE COUNTY BOCC 12,432.60 422355 04/21/2022 TRANE US INC 2,079.32 422356 04/21/2022 HULETT ENVIRONMENTAL SERVICES 409.00 422357 04/21/2022 ELECTRONIC ACCESS SPECIALIST 1,204.94 422358 04/21/2022 SYNAGRO-WWT INC 44,376.02 422359 04/21/2022 POLYDYNE INC 2,944.00 422360 04/21/2022 THE SHERWIN WILLIAMS CO 66.41 422361 04/21/2022 SOUTHERN JANITOR SUPPLY INC 798.04 422362 04/21/2022 SOUTHERN JANITOR SUPPLY INC 121.43 422363 04/21/2022 JOHNS EASTERN COMPANY INC 57,963.75 422364 04/21/2022 ETR LLC 6,192.00 422365 04/21/2022 GLOVER OIL COMPANY INC 63,851.86 422366 04/21/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 153.01 422367 04/21/2022 FISHER & PHILLIPS LLP 1,947.00 422368 04/21/2022 PETER J CASSARA 3,100.00 422369 04/21/2022 TRADEWINDS POWER CORP 2,503.20 422370 04/21/2022 KWACKS INC 852.00 422371 04/21/2022 NICOLACE MARKETING INC 6,459.42 422372 04/21/2022 EQ THE ENVIRONMENTAL QUALITY COMPANY 10,317.24 422373 04/21/2022 WINSUPPLY OF VERO BEACH 1,345.03 422374 04/21/2022 BRENNTAG MID -SOUTH INC 6,732.53 422375 04/21/2022 ATLANTIC COASTAL LAND TITLE CO LLC 85.00 422376 04/21/2022 MOORE MOTORS INC 231.04 422377 04/21/2022 CARDINAL HEALTH 110 INC 2,428.71 422378 04/21/2022 MUNICIPAL EMERGENCY SERVICES INC 1,156.00 422379 04/21/2022 BURNETT LIME CO INC 6,648.84 422380 04/21/2022 SAMBA HOLDINGS INC 1,517.95 422381 04/21/2022 ANDERSEN ANDRE CONSULTING ENGINEERS INC 5,087.00 422382 04/21/2022 UNIFIRST CORPORATION 1,326.31 422383 04/21/2022 CDA SOLUTIONS INC 1,897.34 422384 04/21/2022 CDA SOLUTIONS INC 14,325.11 422385 04/21/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 908.46 422386 04/21/2022 WURTH USA INC 110.83 422387 04/21/2022 EASTERN PIPELINE CONSTRUCTION INC 1,775.00 422388 04/21/2022 MATHESON TRI -GAS INC 3,939.00 422389 04/21/2022 COLE AUTO SUPPLY INC 1,297.50 422390 04/21/2022 RHOADES AIR & HEAT 135.00 422391 04/21/2022 KONICA MINOLTA BUSINESS SOLUTIONS 454.17 422392 04/21/2022 GOVDIRECT INC 491.76 422393 04/21/2022 CORE & MAIN LP 6,212.04 422394 04/21/2022 DJD EQUIPMENT HOLDINGS LLC 3,779.03 422395 04/21/2022 DIRECTV GROUP INC 96.14 422396 04/21/2022 AMAZON CAPITAL SERVICES INC 811.53 422397 04/21/2022 JAMES MANN 45.00 422398 04/21/2022 JORDAN POWER EQUIPMENT CORP 101.98 422399 04/21/2022 JORDAN POWER EQUIPMENT CORP 149.94 422400 04/21/2022 CK CONTRACTORS & DEVELOPMENT LLC 56,265.97 422401 04/21/2022 MULLINAX FORD OF VERO BEACH 6,910.88 422402 04/21/2022 NETCENTRIC TECHNOLOGIES INC 722.59 422403 04/21/2022 POLYWRAP RECYCLING LLC 1,384.24 13 TRANS NBR DATE VENDOR AMOUNT 422404 04/21/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 84.63 422405 04/21/2022 FERGUSON US HOLDINGS INC 936.04 422406 04/21/2022 STAPLES INC 1,733.87 422407 04/21/2022 LOWES COMPANIES INC 738.87 422408 04/21/2022 CARLON INC 328.00 422409 04/21/2022 GEO-COMM INC 5,002.46 422410 04/21/2022 HIGHER GROUND LAND SERVICES LLC 4,384.00 422411 04/21/2022 HIREQUEST LLC 2,929.32 422412 04/21/2022 A TEAM OF THE TREASURE COAST INC 860.00 422413 04/21/2022 CER SIGNATURE CLEANING LLC 1,300.00 422414 04/21/2022 SHAMROCK ENVIRONMENTAL CORPORATION 5,376.42 422415 04/21/2022 SHRIEVE CHEMICAL CO LLC 5,918.20 422416 04/21/2022 BTAC HOLDING CORP 538.42 422417 04/21/2022 CONSOLIDATED WATER GROUP LLC 66.53 422418 04/21/2022 TPH HOLDINGS LLC 480.99 422419 04/21/2022 METTLER-TOLEDO INTERNATIONAL INC 52,432.20 Grand Total: 980,263.96 14 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019478 04/20/2022 AT&T CORP 6.35 1019479 04/20/2022 AT&T CORP 6.35 1019480 04/20/2022 OFFICE DEPOT INC 1,837.81 1019481 04/20/2022 WASTE MANAGEMENT INC OF FLORIDA 2,497.86 1019482 04/21/2022 RING POWER CORPORATION 47.78 1019483 04/21/2022 APPLE INDUSTRIAL SUPPLY CO 96.91 1019484 04/21/2022 GALLS LLC 20.98 1019485 04/21/2022 MEEKS PLUMBING INC 4,883.48 1019486 04/21/2022 IRRIGATION CONSULTANTS UNLIMITED INC 157.58 1019487 04/21/2022 FIRST HOSPITAL LABORATORIES INC 972.00 1019488 04/21/2022 APPLE MACHINE & SUPPLY CO 145.50 1019489 04/21/2022 L&L DISTRIBUTORS 544.80 1019490 04/21/2022 HYDRA SERVICE (S) INC 46,046.00 1019491 04/21/2022 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1019492 04/21/2022 GUARDIAN ALARM OF FLORIDA LLC 295.00 1019493 04/21/2022 GUARDIAN ALARM OF FLORIDA LLC 2,565.10 1019494 04/21/2022 NEXAIR LLC 48.18 Grand Total: 60,256.68 15 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE 9505 04/18/2022 9506 04/19/2022 9507 04/19/2022 9508 04/19/2022 9509 04/20/2022 9510 04/21/2022 Grand Total: VENDOR IRS -PAYROLL TAXES BLUE CROSS & BLUE SHIELD OF FLORIDA INC MUTUAL OF OMAHA WRIGHT EXPRESS FSC CLERK OF CIRCUIT COURT IRS -PAYROLL TAXES AMOUNT 495,859.52 10,964.55 2,688.75 39,932.72 10,000.00 12.98 559,458.52 16 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: April 28, 2022 1 �GoMPT �0;,.l U � tiR F� SER COUNZ� SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS April 22, 2022 to April 28, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of April 22, 2022 to April 28, 2022. 17 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 422420 04/28/2022 AT&T WIRELESS 43.23 422421 04/28/2022 AT&T WIRELESS 91.52 422422 04/28/2022 AT&T WIRELESS 100.56 422423 04/28/2022 AT&T WIRELESS 172.92 422424 04/28/2022 AT&T WIRELESS 649.77 422425 04/28/2022 AT&T WIRELESS 1,047.45 422426 04/28/2022 CLERK OF CIRCUIT COURT 237.40 422427 04/28/2022 CLERK OF CIRCUIT COURT 227.00 422428 04/28/2022 INDIAN RIVER COUNTY HEALTH DEPT 64,633.66 422429 04/28/2022 VICTIM ASSISTANCE PROGRAM 6,485.91 422430 04/28/2022 ROGER J NICOSIA 1,500.00 422431 04/28/2022 CITY OF VERO BEACH 2,230.27 422432 04/28/2022 CITY OF VERO BEACH 11,987.50 422433 04/28/2022 AT&T CORP 657.74 422434 04/28/2022 AT&T CORP 1,419.24 422435 04/28/2022 STATE ATTORNEY 11,993.36 422436 04/28/2022 WASTE MANAGEMENT INC 202,151.55 422437 04/28/2022 MEDICARE PART B FINANCIAL SERVICES 192.62 422438 04/28/2022 CIGNA 351.04 422439 04/28/2022 BLUE CROSS BLUE SHIELD 655.49 422440 04/28/2022 BANK OF NEW YORK 887.50 422441 04/28/2022 HUMANA 235.50 422442 04/28/2022 ST LUCIE COUNTY BOCC 40,484.33 422443 04/28/2022 CELICO PARTNERSHIP 560.25 422444 04/28/2022 REDMOND, DAVID A 82.63 422445 04/28/2022 HODEL, KEITH & JEAN 10.99 422446 04/28/2022 FLORIDA MEDICAID 917.59 422447 04/28/2022 SUNSHINE HEALTH PLAN MEDICAID 99.88 422448 04/28/2022 CARDNOINC 64,437.15 422449 04/28/2022 COLE AUTO SUPPLY INC 10.20 422450 04/28/2022 STATE OF FLORIDA 40,400.33 422451 04/28/2022 AMAZON CAPITAL SERVICES INC 108.00 422452 04/28/2022 MULLINAX FORD OF VERO BEACH 93.75 422453 04/28/2022 DESK SPINCO INC 160.74 422454 04/28/2022 LOWES COMPANIES INC 75.02 422455 04/28/2022 STAYWELL 158.25 422456 04/28/2022 ERHART ROELLER 102.83 422457 04/28/2022 SUPERIOR FENCE & RAIL OF THE TREASURE COAST 225.00 422458 04/28/2022 TOTAL HOME PROPERTIES 45.00 422459 04/28/2022 GLOBAL ZONING 75.00 422460 04/28/2022 DENNYS SEPTIC SERVICE 2,331.19 422461 04/28/2022 CERTUS VRO OWNER LLC 7,047.90 422462 04/28/2022 BRE-CLEARWATER OWNER LLC 192.00 422463 04/28/2022 JOSEPH EARMAN 198.29 422464 04/28/2022 SHELLEY NOWLIN 39.23 422465 04/28/2022 MICHAEL ZITO 158.92 422466 04/28/2022 SUSAN ADAMS 43.97 422467 04/28/2022 RACE TO SAFETY TRAINING LLC 2,430.00 422468 04/28/2022 TINA SMITH 12.00 422469 04/28/2022 JORDAN MONTEROSSO 44.32 422470 04/28/2022 VOLUNTEER FIREMEN'S INSURANCE SERVICES INC 1,695.00 422471 04/28/2022 PORT CONSOLIDATED INC 2,945.03 422472 04/28/2022 TEN -8 FIRE EQUIPMENT INC 13,704.46 422473 04/28/2022 RANGER CONSTRUCTION IND INC 1,865.82 422474 04/28/2022 VERO CHEMICAL DISTRIBUTORS INC 438.10 422475 04/28/2022 RICOH USA INC 188.52 422476 04/28/2022 RICOH USA INC 126.35 422477 04/28/2022 KIMLEY HORN & ASSOC INC 3,913.65 TRANS NBR DATE VENDOR AMOUNT 422478 04/28/2022 HENRY SCHEIN INC 1,280.81 422479 04/28/2022 SAFETY PRODUCTS INC 1,896.45 422480 04/28/2022 DATA FLOW SYSTEMS INC 877.00 422481 04/28/2022 INDIAN RIVER BATTERY 1,390.15 422482 04/28/2022 GRAINGER 737.57 422483 04/28/2022 GAYLORD BROTHERS INC 597.63 422484 04/28/2022 HACH CO 225.37 422485 04/28/2022 LFI FORT PIERCE INC 1,347.85 422486 04/28/2022 BOUND TREE MEDICAL LLC 2,221.67 422487 04/28/2022 CITY ELECTRIC SUPPLY COMPANY 39.98 422488 04/28/2022 BLAKESLEE SERVICES INC 750.00 422489 04/28/2022 BLAKESLEE SERVICES INC 73.00 422490 04/28/2022 MIDWEST TAPE LLC 2,813.53 422491 04/28/2022 ODYSSEY MANUFACTURING CO 9,625.77 422492 04/28/2022 HARRINGTON INDUSTRIAL PLASTICS LLC 1,236.47 422493 04/28/2022 CENGAGE LEARNING INC 512.00 422494 04/28/2022 SOFTWARE HARDWARE INTEGRATION 220,100.17 422495 04/28/2022 PAUL CARONE 3,432.00 422496 04/28/2022 WILLIE C REAGAN 1,880.00 422497 04/28/2022 PING INC 522.07 422498 04/28/2022 CLERK OF CIRCUIT COURT 46.20 422499 04/28/2022 CLERK OF CIRCUIT COURT 478.85 422500 04/28/2022 CITY OF VERO BEACH 2,407.63 422501 04/28/2022 HOME DEPOT USA INC 111.97 422502 04/28/2022 JANITORIAL DEPOT OF AMERICA INC 250.26 422503 04/28/2022 TREASURE COAST HOMELESS SERVICES 13,038.50 422504 04/28/2022 BRACKETT FAMILY LIMITED PARTNERSHIP 1,167.00 422505 04/28/2022 PUBLIX SUPERMARKETS 44.95 422506 04/28/2022 PUBLIX SUPERMARKETS 45.25 422507 04/28/2022 ROGER CLEVELAND GOLF INC 2,101.82 422508 04/28/2022 ACUSHNET COMPANY 3,267.35 422509 04/28/2022 WEST PUBLISHING CORPORATION 230.00 422510 04/28/2022 FEDERAL EXPRESS CORP 125.67 422511 04/28/2022 FAMOSO INC 359.04 422512 04/28/2022 PRIDE ENTERPRISES 50.10 422513 04/28/2022 CALLAWAY GOLF SALES COMPANY 5,578.41 422514 04/28/2022 FLORIDA POWER AND LIGHT 190,508.70 422515 04/28/2022 FLORIDA POWER AND LIGHT 14,712.52 422516 04/28/2022 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,871.60 422517 04/28/2022 NEW HORIZONS OF THE TREASURE COAST 27,457.50 422518 04/28/2022 GLOBAL GOLF SALES INC 595.69 422519 04/28/2022 FLORIDA STATE GOLF ASSOCIATION 80.00 422520 04/28/2022 ESRI INC 1,558.00 422521 04/28/2022 LARRY STALEY 706.00 422522 04/28/2022 CHILDRENS HOME SOCIETY OF FL 2,250.00 422523 04/28/2022 IRONSIDE PRESS LLC 58.72 422524 04/28/2022 INTERNATIONAL ASSOC OF EMERGENCY MANAGERS 45.00 422525 04/28/2022 DAVID SPARKS 808.00 422526 04/28/2022 FORT PIERCE HOUSING AUTHORITY 775.00 422527 04/28/2022 MIDWEST MOTOR SUPPLY CO 398.90 422528 04/28/2022 THE PALMS AT VERO BEACH 2,355.00 422529 04/28/2022 TRANE US INC 4,591.00 422530 04/28/2022 HULETT ENVIRONMENTAL SERVICES 304.50 422531 04/28/2022 CINTAS CORPORATION NO 2 306.21 422532 04/28/2022 U S BANK NATIONAL ASSOCIATION 944.69 422533 04/28/2022 ARTHUR PRUETT 734.00 422534 04/28/2022 SYNAGRO-WWT INC 40,302.45 422535 04/28/2022 POLYDYNE INC 2,944.00 422536 04/28/2022 BIG BROTHERS AND BIG SISTERS 1,250.00 422537 04/28/2022 BIG BROTHERS AND BIG SISTERS 5,641.52 R TRANS NBR DATE VENDOR AMOUNT 422538 04/28/2022 FLORIDA RURAL LEGAL SERVICES INC 3,294.37 422539 04/28/2022 BRIDGESTONE GOLF INC 2,133.71 422540 04/28/2022 SOUTHERN JANITOR SUPPLY INC 2,117.74 422541 04/28/2022 MICHAEL JAHOLKOWSKI 512.00 422542 04/28/2022 BILL BRESSETT 320.00 422543 04/28/2022 RICHARD SCHLITT 3,774.00 422544 04/28/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 313.26 422545 04/28/2022 SUNCOAST REALTY & RENTAL MGMT LLC 619.00 422546 04/28/2022 PAMELA R CUMMINGS 689.00 422547 04/28/2022 JOHNNY B SMITH 125.00 422548 04/28/2022 GLOBALSTAR USA 193.87 422549 04/28/2022 INDIAN RIVER RDA LP 532.00 422550 04/28/2022 CEMEX INC 302.40 422551 04/28/2022 PETER J CASSARA 20,340.00 422552 04/28/2022 YOUTH GUIDANCE DONATION FUND 2,210.25 422553 04/28/2022 PATRICIA K CALAHAN 260.00 422554 04/28/2022 WINSUPPLY OF VERO BEACH 164.74 422555 04/28/2022 OKEECHOBEE PARTNERS LLC 807.00 422556 04/28/2022 BENNETT FIRE PRODUCTS CO INC 33,607.84 422557 04/28/2022 BRENNTAG MID -SOUTH INC 6,794.95 422558 04/28/2022 TAMPA BAY LIBRARY CONSORTIUM 1,250.00 422559 04/28/2022 ATLANTIC COASTAL LAND TITLE CO LLC 85.00 422560 04/28/2022 OVERDRIVE INC 4,282.60 422561 04/28/2022 MISS INC OF THE TREASURE COAST 2,571.00 422562 04/28/2022 XYLEM WATER SOLUTION USA INC 370.00 422563 04/28/2022 ALAN JAY CHEVROLET CADILLAC 26,574.00 422564 04/28/2022 GFA INTERNATIONAL INC 27,268.75 422565 04/28/2022 MOORE MOTORS INC 96.00 422566 04/28/2022 FIVE STAR PROPERTY HOLDING LLC 1,060.00 422567 04/28/2022 WILD TURKEY ESTATES OF VERO LLC 693.18 422568 04/28/2022 INDUSCO ENVIRONMENTAL SERVICES INC 91,900.00 422569 04/28/2022 MKI SERVICES INC 47,400.00 422570 04/28/2022 MUNICIPAL EMERGENCY SERVICES INC 5,890.26 422571 04/28/2022 ALEX MIKLO 50.00 422572 04/28/2022 BURNETT LIME CO INC 10,009.76 422573 04/28/2022 PENGUIN RANDOM HOUSE LLC 60.00 422574 04/28/2022 CALDWELL PACETTI EDWARDS 2,563.12 422575 04/28/2022 SOUTHERN MANAGEMENT LLC 17,865.00 422576 04/28/2022 STEWART & STEVENSON FDDA LLC 2,156.28 422577 04/28/2022 QUICKSERIES PUBLISHING INC 6,300.00 422578 04/28/2022 CHEMTRADE CHEMICALS CORPORTATION 6,677.24 422579 04/28/2022 THE LAW OFFICES OF 2,975.75 422580 04/28/2022 STS MAINTAIN SERVICES INC 35,246.25 422581 04/28/2022 COBRA GOLF INCORPORATED 1,898.33 422582 04/28/2022 ANDERSEN ANDRE CONSULTING ENGINEERS INC 4,272.00 422583 04/28/2022 AUGUSTUS B FORT JR 891.00 422584 04/28/2022 CATHEDRAL CORPORATION 1,668.02 422585 04/28/2022 UNIFIRST CORPORATION 1,148.11 422586 04/28/2022 H&H SHADOWBROOK LLC 689.00 422587 04/28/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 418.80 422588 04/28/2022 GOTTA GO GREEN ENTERPISES INC 194.67 422589 04/28/2022 BARSALOU VENTURES LLC 144.00 422590 04/28/2022 EASTERN PIPELINE CONSTRUCTION INC 8,875.00 422591 04/28/2022 HELPING HANDS REAL ESTATE & INVESTMENT CO 872.00 422592 04/28/2022 ALIX DENEAU 750.00 422593 04/28/2022 MATHESON TRI -GAS INC 2,747.68 422594 04/28/2022 ROBERT O RICHARDSON III 75.00 422595 04/28/2022 WILLIS SPORTS ASSOCIATION INC 3,443.00 422596 04/28/2022 COLE AUTO SUPPLY INC 2,987.11 422597 04/28/2022 KREMEDY LLC 3,500.00 20 TRANS NBR DATE VENDOR AMOUNT 422598 04/28/2022 GARLAND DBS INC 17,960.48 422599 04/28/2022 NKW PIP HOLDINGS I LLC 1,963.00 422600 04/28/2022 RECYCLING ROCKS LLC 400.00 422601 04/28/2022 RELX INC 820.00 422602 04/28/2022 CALVIN GIORDANO & ASSOCIATES INC 24,798.75 422603 04/28/2022 CORE & MAIN LP 4,314.43 422604 04/28/2022 JOE PAYNE INC 14,328.08 422605 04/28/2022 ABLE GUTTER SERVICES NORTH LLC 30,200.00 422606 04/28/2022 INTERIOR FLOORING SOLUTIONS INC 2,053.49 422607 04/28/2022 RESCUE TRAINING ASSOCIATES INC 1,600.00 422608 04/28/2022 BRANDON ROUER 1,013.00 422609 04/28/2022 HUDSON CONSULTING & MANAGEMENT LLC 997.00 422610 04/28/2022 AMAZON CAPITAL SERVICES INC 3,574.76 422611 04/28/2022 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 8,128.31 422612 04/28/2022 PACE ANALYTICAL SERVICES LLC 226.80 422613 04/28/2022 JOHN J DRISCOLL 225.00 422614 04/28/2022 DAVID MIKE 125.00 422615 04/28/2022 JORDAN POWER EQUIPMENT CORP 618.37 422616 04/28/2022 JORDAN POWER EQUIPMENT CORP 4,501.81 422617 04/28/2022 CK CONTRACTORS & DEVELOPMENT LLC 86,411.52 422618 04/28/2022 MULLINAX FORD OF VERO BEACH 170.14 422619 04/28/2022 JUDITH A BURLEY 254.00 422620 04/28/2022 PDR INVESTMENT TEAM LLC 4,793.72 422621 04/28/2022 SHARON P BRENNAN 661.00 422622 04/28/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 74.57 422623 04/28/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 266.77 422624 04/28/2022 DESK SPINCO INC 2,457.83 422625 04/28/2022 IXORIA LLC 711.00 422626 04/28/2022 MT CAUSLEY LLC 35,376.00 422627 04/28/2022 A PLUS PROPERTY MANAGEMENT INC 11,062.66 422628 04/28/2022 FERGUSON US HOLDINGS INC 222.00 422629 04/28/2022 BLUE GOOSE CONSTRUCTION LLC 1,303.14 422630 04/28/2022 ORCHARD GROVE VENTURE LLC 675.00 422631 04/28/2022 STAPLES INC 591.74 422632 04/28/2022 LOWES COMPANIES INC 1,600.53 422633 04/28/2022 SMI TRADING LLC 129.48 422634 04/28/2022 NURSERYMENS SURE GRO CORP 2,356.38 422635 04/28/2022 TOTAL GOLF CART LLC 629.26 422636 04/28/2022 GEORGIA KING LLC 757.00 422637 04/28/2022 BREGO PROPERTIES LLC 2,021.00 422638 04/28/2022 PLAYCORE WISCONSIN INC 149,437.86 422639 04/28/2022 DEX IMAGING LLC 51.98 422640 04/28/2022 SPORTS ENGINE INC 37.00 422641 04/28/2022 ROBERT A HUDSON 125.00 422642 04/28/2022 SREIT LEXINGTON CLUB LLC 2,309.00 422643 04/28/2022 REBECCA SIPLAK 44.00 422644 04/28/2022 THEODORE SEMI 200.00 422645 04/28/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 377.00 422646 04/28/2022 ESO SOLUTIONS INC 89,094.29 422647 04/28/2022 MARLBROS HOLDINGS LLC 1,133.00 422648 04/28/2022 JARROD CANNON 1,003.00 422649 04/28/2022 AQUATIC WEED CONTROL INC 145.00 422650 04/28/2022 BRITTON INDUSTRIES INC 452.12 422651 04/28/2022 SCALESGEAR.COM LLC 745.72 422652 04/28/2022 FUN EXPRESS LLC 231.82 422653 04/28/2022 SILVER ORANGE LLC 730.00 422654 04/28/2022 HIREQUEST LLC 4,803.60 422655 04/28/2022 A TEAM OF THE TREASURE COAST INC 1,423.00 422656 04/28/2022 PEDIATRIC EMERGENCY STANDARDS INC 2,625.00 422657 04/28/2022 MICHAEL MILLER 1,459.00 21 4 TRANS NBR DATE VENDOR AMOUNT 422658 04/28/2022 JBM PROPERTY MANAGEMENT LLC 1,400.00 422659 04/28/2022 A/C FILTER PROVIDER LLC 14,158.00 422660 04/28/2022 RS REALTY ADVISORS LLC 2,810.00 422661 04/28/2022 STEVEN GIORDANO 5,077.00 422662 04/28/2022 PIVOTAL UTILITY HOLDINGS INC 35.32 422663 04/28/2022 SONIA SUSAN SOSA 993.00 422664 04/28/2022 ULTIMATE PROPERTIES & LOGISTICS LLC 856.00 422665 04/28/2022 SHRIEVE CHEMICAL CO LLC 5,808.16 422666 04/28/2022 BTAC HOLDING CORP 4,680.87 422667 04/28/2022 TPH HOLDINGS LLC 290.52 422668 04/28/2022 CRYSTAL MCANELLY DIVERS 205.00 422669 04/28/2022 SEVEN ISLES CAPITAL 442.00 422670 04/28/2022 LEGENDARY HEADWEAR 825.96 422671 04/28/2022 OSCAR ALVARADO 709.00 422672 04/28/2022 OSCEOLA PHARMACY 30.00 422673 04/28/2022 A & W FLOORING INC 151,571.94 422674 04/28/2022 RONALD MARASCO SR 150.00 422675 04/28/2022 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 422676 04/28/2022 KERNER LLC 8,250.00 422677 04/28/2022 TAYLOR NELSON AUXIER 50.00 422678 04/28/2022 BIO -CHEM INCORPORATED 899.60 422679 04/28/2022 KAREN CHENNELL 2,327.00 422680 04/28/2022 JT VERO PROPERTIES LLC 3,031.00 Grand Total: 2,223,064.23 22 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019495 04/28/2022 PARKS RENTAL & SALES INC 1,252.37 1019496 04/28/2022 INDIAN RIVER OXYGEN INC 121.00 1019497 04/28/2022 APPLE INDUSTRIAL SUPPLY CO 42.52 1019498 04/28/2022 IRRIGATION CONSULTANTS UNLIMITED INC 271.00 1019499 04/28/2022 COMPLETE RESTAURANT EQUIPMENT LLC 125.00 1019500 04/28/2022 APPLE MACHINE & SUPPLY CO 70.88 1019501 04/28/2022 OFFICE DEPOT INC 266.94 1019502 04/28/2022 HD SUPPLY FACILITIES MAINTENANCE LTD 472.94 1019503 04/28/2022 RECHTIEN INTERNATIONAL TRUCKS 4,732.30 1019504 04/28/2022 HARCROS CHEMICALS, INC. 3,196.96 1019505 04/28/2022 SPINNAKER VERO INC 340.63 1019506 04/28/2022 L&L DISTRIBUTORS 218.72 1019507 04/28/2022 HYDRA SERVICE (S) INC 58,536.00 1019508 04/28/2022 GUARDIAN ALARM OF FLORIDA LLC 144.00 1019509 04/28/2022 NEXAIR LLC 67.34 1019510 04/28/2022 EFE INC 354.67 1019511 04/28/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 227.48 Grand Total: 70,440.75 23 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9511 04/25/2022 INDIAN RIVER COUNTY TAX COLLECTOR 7,800.00 9512 04/25/2022 SAVE ON SP LLC 19,545.71 9513 04/25/2022 EDH HOLDINGS LLC 5,395.00 9514 04/26/2022 INDIAN RIVER COUNTY SHERIFF 21,121.84 9515 04/26/2022 VERO HERITAGE INC 5,833.95 9516 04/26/2022 RX BENEFITS INC 236,509.50 9517 04/28/2022 KIMLEY HORN & ASSOC INC 18,424.75 9518 04/28/2022 KIMLEY HORN & ASSOC INC 8,147.00 9519 04/28/2022 CITY OF SEBASTIAN 2,500.00 9520 04/28/2022 TIMOTHY ROSE CONTRACTING INC 222,899.68 9521 04/28/2022 VEROTOWN LLC 607,547.24 9522 04/28/2022 APTIM CORP 168,084.51 9523 04/28/2022 CER SIGNATURE CLEANING LLC 12,852.00 9524 04/28/2022 EDH HOLDINGS LLC 810.90 Grand Total: 1,337,472.08 24 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 901885 04/28/2022 901886 04/28/2022 901887 04/28/2022 901888 04/28/2022 Grand Total: VENDOR ST FRANCIS MANOR OF VERO BEACH CANON FINANCIAL SERVICES INC ORCHARD GROVE VENTURE LLC STARWOOD REIT OPERATING PARTNERSHIP LP AMOUNT 276.00 72.07 818.00 86.00 1,252.07 25 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 5, 2022 i CoMPT U 1� 9 p� '6q ��R COUNS� Q SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS April 29, 2022 to May 5, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of April 29, 2022 to May 5, 2022. 26 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 422681 04/29/2022 UNITED WAY OF INDIAN RIVER COUNTY 1,041.50 422682 04/29/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 422683 04/29/2022 NORTH DAKOTA CHILD SUPPORT 274.16 422684 05/04/2022 INTERNATIONAL ASSOCIATION OF 425.00 422685 05/04/2022 EMBASSY SUITES HOTEL 244.00 422686 05/04/2022 CONSTRUCTION LICENSING OFFICIALS 175.00 422687 05/04/2022 THE SHORES RESORT & SPA 447.00 422688 05/04/2022 KIMBERLY K MOIRANO 13.17 422689 05/05/2022 ADRON FENCE COMPANY INC 75.00 422690 05/05/2022 COMMUNICATIONS INTERNATIONAL 25,843.46 422691 05/05/2022 AT&T WIRELESS 345.84 422692 05/05/2022 FLORIDA WATER & POLLUTION CONTROL 35.00 422693 05/05/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 598.71 422694 05/05/2022 FLORIDA POWER AND LIGHT 2,113.34 422695 05/05/2022 CELICO PARTNERSHIP 3,753.04 422696 05/05/2022 CINTAS CORPORATION NO 2 200.00 422697 05/05/2022 RF CONCRETE CONSTRUCTION INC 2,440.00 422698 05/05/2022 JEANNETTE S INGRAHAM 97.03 422699 05/05/2022 ANDERSEN ANDRE CONSULTING ENGINEERS INC 10,373.00 422700 05/05/2022 AC VETERINARY SPECIALTY SERVICES 138.11 422701 05/05/2022 COLE AUTO SUPPLY INC 19.49 422702 05/05/2022 CHANGE HEALTHCARE LLC 44,498.23 422703 05/05/2022 AMAZON CAPITAL SERVICES INC 68.97 422704 05/05/2022 KRONOS SAASHR INC 129.15 422705 05/05/2022 LOWES COMPANIES INC 75.00 422706 05/05/2022 CONSOR ENGINEERS LLC 163,206.25 422707 05/05/2022 CER SIGNATURE CLEANING LLC 5,936.00 422708 05/05/2022 HARMONY RESERVE LLC 25,488.88 422709 05/05/2022 STEEPSTEEL LLC 1,256.25 422710 05/05/2022 SPIEZLE ARCHITECTURAL GROUP INC 8,470.75 422711 05/05/2022 ACP FACILITY SERVICES 9,389.53 422712 05/05/2022 JOANN M DAVIS 240.00 422713 05/05/2022 LUCILLE WALKOWSKI 101.15 422714 05/05/2022 MARION E SHORT 48.90 422715 05/05/2022 MARY C OWEN 494.94 422716 05/05/2022 MERCEDES T PISTOLE 78.67 422717 05/05/2022 REBECCA FOUNTAIN 175.00 422718 05/05/2022 RITA W DONNELLY 31.80 422719 05/05/2022 ROBERT M MAHONEY 240.00 422720 05/05/2022 THE SCHILLER KESSLER GROUP 107.20 422721 05/05/2022 WILLIAM N TEMPLE 92.60 422722 05/05/2022 HELEN T KENNEDY 101.76 422723 05/05/2022 HUGH JOHNSON 15.10 422724 05/05/2022 JAMES J TAGGART JR 150.00 422725 05/05/2022 EARL RIZZO 250.00 422726 05/05/2022 ELISA TITUS 93.82 422727 05/05/2022 ELIZABETH ROSELL 129.80 422728 05/05/2022 FAITH KING 259.20 422729 05/05/2022 PHOENIX PRO MANAGEMENT INC 100.00 422730 05/05/2022 GENERX GENERATORS LLC 56.25 422731 05/05/2022 PORT CONSOLIDATED INC 1,675.66 422732 05/05/2022 COMMUNICATIONS INTERNATIONAL 1,249.44 422733 05/05/2022 RANGER CONSTRUCTION IND INC 1,459.13 422734 05/05/2022 VERO CHEMICAL DISTRIBUTORS INC 1,545.66 422735 05/05/2022 RICOH USA INC 243.84 422736 05/05/2022 SAFETY PRODUCTS INC 905.30 422737 05/05/2022 DATA FLOW SYSTEMS INC 91,518.00 422738 05/05/2022 LINDEN-BEALS CORP 59.50 27 TRANS NBR DATE VENDOR AMOUNT 422739 05/05/2022 E -Z BREW COFFEE & BOTTLE WATER SVC 18.00 422740 05/05/2022 GRAINGER 695.15 422741 05/05/2022 KELLY TRACTOR CO 14,291.81 422742 05/05/2022 SAFETY KLEEN SYSTEMS INC 421.41 422743 05/05/2022 HACH CO 736.08 422744 05/05/2022 LFI FORT PIERCE INC 1,188.78 422745 05/05/2022 BOUND TREE MEDICAL LLC 1,809.50 422746 05/05/2022 TIRESOLES OF BROWARD INC 7,737.17 422747 05/05/2022 CHILDCARE RESOURCES OF IRC INC 38,913.64 422748 05/05/2022 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,500.00 422749 05/05/2022 BLAKESLEE SERVICES INC 750.00 422750 05/05/2022 GO COASTAL INC 111.20 422751 05/05/2022 SOFTWARE HARDWARE INTEGRATION 619.52 422752 05/05/2022 SUNSHINE REHABILATION CENTER OF IRC INC 2,750.00 422753 05/05/2022 BOYS & GIRLS CLUB OF INDIAN 7,500.00 422754 05/05/2022 PING INC 627.14 422755 05/05/2022 CITY OF VERO BEACH 157.43 422756 05/05/2022 FLORIDA DEPT OF TRANSPORTATION 3.50 422757 05/05/2022 JANITORIAL DEPOT OF AMERICA INC 99.98 422758 05/05/2022 ROGER CLEVELAND GOLF INC 508.28 422759 05/05/2022 ACUSHNET COMPANY 70.00 422760 05/05/2022 FEDERAL EXPRESS CORP 180.54 422761 05/05/2022 COMO OIL COMPANY OF FLORIDA 710.43 422762 05/05/2022 COMO OIL COMPANY OF FLORIDA 1,119.09 422763 05/05/2022 FAMOSO INC 559.68 422764 05/05/2022 CALLAWAY GOLF SALES COMPANY 237.72 422765 05/05/2022 FLORIDA POWER AND LIGHT 8,383.24 422766 05/05/2022 FLORIDA POWER AND LIGHT 35,707.08 422767 05/05/2022 TAYLOR MADE GOLF CO INC 140.48 422168 05/05/2022 GLOBAL GOLF SALES INC 306.76 422769 05/05/2022 HIBISCUS CHILDRENS CENTER INC 3,563.68 422770 05/05/2022 COMPLETE ELECTRIC INC 2,374.26 422771 05/05/2022 IRC HEALTHY START COALITION INC 1,666.66 422772 05/05/2022 IRC HEALTHY START COALITION INC 9,708.33 422773 05/05/2022 IRC HEALTHY START COALITION INC 5,220.83 422774 05/05/2022 IRC HEALTHY START COALITION INC 1,678.78 422775 05/05/2022 L WALTON ELECTRIC INC 287.52 422776 05/05/2022 GIFFORD COMMUNITY CENTER 4,842.80 422777 05/05/2022 G K ENVIRONMENTAL INC 3,800.00 422778 05/05/2022 3 BALL ENTERPRISES LLC 6,704.42 422779 05/05/2022 JOHN BROWN & SONS INC 11,880.00 422780 05/05/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 10.00 422781 05/05/2022 CHILDRENS HOME SOCIETY OF FL 2,604.87 422782 05/05/2022 INWATER RESEARCH GROUP INC 835.00 422783 05/05/2022 SYMBIONT SERVICE CORP 136.00 422784 05/05/2022 TRANE US INC 57.46 422785 05/05/2022 HULETT ENVIRONMENTAL SERVICES 221.00 422786 05/05/2022 DASIE BRIDGEWATER HOPE CENTER INC 3,984.68 422787 05/05/2022 FASTENAL COMPANY 108.72 422788 05/05/2022 SOUTHERN JANITOR SUPPLY INC 31.24 422789 05/05/2022 GLOVER OIL COMPANY INC 95,040.20 422790 05/05/2022 GERELCOM INC 7,847.00 422791 05/05/2022 ORCHID ISLAND PROPERTY MGMT II INC 9,484.16 422792 05/05/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 57.72 422793 05/05/2022 REDLANDS CHRISTIAN MIGRANT ASSOC 6,867.19 422794 05/05/2022 PETER J CASSARA 1,400.00 422795 05/05/2022 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 3,993.77 422796 05/05/2022 VERO MILLWORK INC 420.00 422797 05/05/2022 NICOLACE MARKETING INC 2,123.00 422798 05/05/2022 WINSUPPLY OF VERO BEACH 201.81 TRANS NBR DATE VENDOR AMOUNT 422799 05/05/2022 FLORIDA COAST EQUIPMENT INC 1,502.43 422800 05/05/2022 BERMUDA SANDS APPAREL LLC 1,074.53 422801 05/05/2022 XYLEM WATER SOLUTION USA INC 22,961.50 422802 05/05/2022 ALADTEC INC 4,706.63 422803 05/05/2022 STRAIGHT OAK LLC 309.48 422804 05/05/2022 STEWART & STEVENSON FDDA LLC 2,343.70 422805 05/05/2022 STS MAINTAIN SERVICES INC 19,834.50 422806 05/05/2022 COBRA GOLF INCORPORATED 565.58 422807 05/05/2022 HAWKINS INC 5,155.79 422808 05/05/2022 UNIFIRST CORPORATION 1,252.41 422809 05/05/2022 CDA SOLUTIONS INC 2,721.21 422810 05/05/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 1,803.93 422811 05/05/2022 GOTTA GO GREEN ENTERPISES INC 300.89 422812 05/05/2022 CROSSOVER MISSION INC 7,083.00 422813 05/05/2022 MATHESON TRI-GAS INC 4,095.00 422814 05/05/2022 COLE AUTO SUPPLY INC 8,752.71 422815 05/05/2022 BETH NOLAN 144.00 422816 05/05/2022 DAY DREAMS UNIFORMS INC 900.00 422817 05/05/2022 FLORIDA BULB & BALLAST INC 749.05 422818 05/05/2022 CORE & MAIN LP 24,363.48 422819 05/05/2022 WOERNER AGRIBUSINESS LLC 92.00 422820 05/05/2022 DJD EQUIPMENT HOLDINGS LLC 4,311.81 422821 05/05/2022 TYKES & TEENS INC 15,278.64 422822 05/05/2022 GYRO-TRAC CORPORATION 2,974.70 422823 05/05/2022 AMAZON CAPITAL SERVICES INC 2,530.09 422824 05/05/2022 TREASURE COAST PLUMBING LLC 1,205.25 422825 05/05/2022 PACE ANALYTICAL SERVICES LLC 226.80 422826 05/05/2022 SKYDIVE SEBASTIAN OF SOUTH FLORIDA INC 1,000.00 422827 05/05/2022 JORDAN POWER EQUIPMENT CORP 189.83 422828 05/05/2022 LIBERTY TIRE RECYCLING LLC 8,319.60 422829 05/05/2022 DERECK R PRINCE 95.00 422830 05/05/2022 MULLINAX FORD OF VERO BEACH 3,726.38 422831 05/05/2022 JUDITH A BURLEY 588.50 422832 05/05/2022 JENNIFER TORCHALSKI 750.00 422833 05/05/2022 DESK SPINCO INC 1,433.88 422834 05/05/2022 FERGUSON US HOLDINGS INC 8,356.26 422835 05/05/2022 BLUE GOOSE CONSTRUCTION LLC 1,844.08 422836 05/05/2022 LOWES COMPANIES INC 4,755.36 422837 05/05/2022 TAGMARSHAL INTERNATIONAL LIMITED 2,019.20 422838 05/05/2022 MILLENNIUM CREMATORY LLC 425.00 422839 05/05/2022 CONTROL SOUTHERN INC 8,258.88 422840 05/05/2022 CONTROL TECHNOLOGIES INC 16,715.00 422841 05/05/2022 REBECCA SIPLAK 28.00 422842 05/05/2022 BLUEBEAM INC 2,244.00 422843 05/05/2022 CARLON INC 2,980.36 422844 05/05/2022 BRITTON INDUSTRIES INC 1,417.61 422845 05/05/2022 VATLAND CD JR LLC 2,438.39 422846 05/05/2022 TREASURE COAST TEES & TROPHIES LLC 801.20 422847 05/05/2022 INTEGRATION FACTORY INC 650.00 422848 05/05/2022 HIREQUEST LLC 6,034.13 422849 05/05/2022 A TEAM OF THE TREASURE COAST INC 860.00 422850 05/05/2022 SHAMROCK ENVIRONMENTAL CORPORATION 10,380.09 422851 05/05/2022 A&B FENCE CO LLC 500.00 422852 05/05/2022 SHRIEVE CHEMICAL CO LLC 5,808.16 422853 05/05/2022 BTAC HOLDING CORP 1,213.66 422854 05/05/2022 FS.COM INC 2,244.50 422855 05/05/2022 TPH HOLDINGS LLC 417.04 422856 05/05/2022 CRYSTAL MCANELLY DIVERS 85.00 422857 05/05/2022 SEVEN ISLES CAPITAL 81.00 422858 05/05/2022 VERO BEACH GOLF CARS LLC 1,818.74 29 TRANS NBR DATE VENDOR AMOUNT 422859 05/05/2022 OSCEOLA PHARMACY 25.00 422860 05/05/2022 ROGERS BASE COMPANY LLC 9,672.00 Grand Total: 969,167.25 30 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019512 05/04/2022 AT&T CORP 2,217.50 1019513 05/04/2022 AT&T CORP 198.00 1019514 05/04/2022 OFFICE DEPOT INC 1,697.38 1019515 05/04/2022 COMCAST 188.50 1019516 05/04/2022 WASTE MANAGEMENT INC OF FLORIDA 420.90 1019517 05/04/2022 AT&T CORP 5.76 1019518 05/04/2022 AT&T CORP 6.77 1019519 05/04/2022 OFFICE DEPOT INC 1,464.11 1019520 05/04/2022 COMCAST 565.55 1019521 05/04/2022 WASTE MANAGEMENT INC OF FLORIDA 345.65 1019522 05/05/2022 PARKS RENTAL & SALES INC 338.00 1019523 05/05/2022 APPLE INDUSTRIAL SUPPLY CO 165.54 1019524 05/05/2022 GALLS LLC 116.45 1019525 05/05/2022 MEEKS PLUMBING INC 8,078.00 1019526 05/05/2022 IRRIGATION CONSULTANTS UNLIMITED INC 384.89 1019527 05/05/2022 GROVE WELDERS INC 622.09 1019528 05/05/2022 WIGINTON CORPORATION 1,540.00 1019529 05/05/2022 COMMERCIAL ENERGY SPECIALISTS 297.37 1019530 05/05/2022 HD SUPPLY FACILITIES MAINTENANCE LTD 461.33 1019531 05/05/2022 STRYKER SALES CORP 42,701.03 1019532 05/05/2022 RECHTIEN INTERNATIONAL TRUCKS 7,188.92 1019533 05/05/2022 AUTO PARTNERS LLC 3,922.99 1019534 05/05/2022 STAT MEDICAL DISPOSAL INC 200.00 1019535 05/05/2022 EFE INC 4,387.58 1019536 05/05/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 218.69 Grand Total: 77,733.00 31 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9525 04/29/2022 IRC FIRE FIGHTERS ASSOC 10,190.48 9526 04/29/2022 SENIOR RESOURCE ASSOCIATION 345,607.18 9527 04/29/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 90,246.07 9528 04/29/2022 FL SDU 3,310.79 9529 04/29/2022 HEALTH ADVOCATE SOLUTIONS INC 1,993.20 9530 05/02/2022 ST LUCIE BATTERY & TIRE CO 1,092.72 9531 05/02/2022 CLERK OF CIRCUIT COURT 102,839.75 9532 05/02/2022 INDIAN RIVER COUNTY SHERIFF 4,842,840.90 9533 05/02/2022 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 117,546.14 9534 05/02/2022 INDIAN RIVER COUNTY SHERIFF 54,653.18 9535 05/02/2022 VETERANS COUNCIL OF I R C 9,620.01 9536 05/02/2022 IRS -PAYROLL TAXES 592,439.65 9537 05/03/2022 HEALTH ADVOCATE SOLUTIONS INC 1,560.90 9538 05/03/2022 TD BANK 7,491.67 9539 05/04/2022 INDIAN RIVER COUNTY SHERIFF 4,842.43 9540 05/04/2022 IRS -PAYROLL TAXES 97.66 9541 05/05/2022 AMERICAN FAMILY LIFE ASSURANCE CO 18,107.86 9542 05/05/2022 FL RETIREMENT SYSTEM 1,305,022.96 9543 05/05/2022 ALLSTATE 125.10 9544 05/05/2022 MUTUAL OF OMAHA 8,808.62 Grand Total: 7,518,437.27 32 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 901889 05/02/2022 GRACES LANDING LTD 13,830.00 901890 05/02/2022 BETTY DAVIS SCROGGS 769.00 901891 05/02/2022 CREATIVE CHOICE HOMES XVI LTD 13,637.00 901892 05/02/2022 DAVID YORK 577.00 901893 05/02/2022 ST FRANCIS MANOR OF VERO BEACH 1,550.00 901894 05/02/2022 TREASURE COAST HOMELESS SERVICES 2,125.00 901895 05/02/2022 FLORIDA POWER AND LIGHT 37.00 901896 05/02/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,168.00 901897 05/02/2022 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,058.00 901898 05/02/2022 THE PALMS AT VERO BEACH 18,244.00 901899 05/02/2022 DAVID CONDON 801.00 901900 05/02/2022 HILARY MCIVOR 395.00 901901 05/02/2022 PELICAN ISLES LP 11,263.00 901902 05/02/2022 SUNCOAST REALTY & RENTAL MGMT LLC 840.00 901903 05/02/2022 OAK RIVER PROPERTIES INC 309.00 901904 05/02/2022 ADINA GOLDMAN 746.00 901905 05/02/2022 INDIAN RIVER RDA LP 2,627.00 901906 05/02/2022 LAZY J LLC 1,553.00 901907 05/02/2022 JESSE LEWIS 143.00 901908 05/02/2022 SAID S MOOBARK 2,148.00 901909 05/02/2022 OSCEOLA COUNTY SECTION 8 991.78 901910 05/02/2022 YVONNE KOUTSOFIOS 60.00 901911 05/02/2022 BRIAN E GALLAGHER 633.00 901912 05/02/2022 SCOT WILKE 775.00 901913 05/02/2022 JOHN T STANLEY 1,165.00 901914 05/02/2022 WEDGEWOOD RENTALS LLC 2,217.00 901915 05/02/2022 COALITION FOR ATTAINABLE HOMES INC 1,123.00 901916 05/02/2022 MCLAUGHLIN PROPERTIES LLC 1,302.00 901917 05/02/2022 MYRIAM MELENDEZ 659.00 901918 05/02/2022 WATSON REALTY GROUP 3,128.00 901919 05/02/2022 SHER LLC 732.00 901920 05/02/2022 PALM BEACH COUNTY HOUSING AUTHORITY 963.37 901921 05/02/2022 SUNQUEST APRTMENTS LLC 3,342.00 901922 05/02/2022 PJD HOLDINGS LLC 1,225.00 901923 05/02/2022 ORCHARD GROVE VENTURE LLC 17,714.00 901924 05/02/2022 SONRISE APARTMENT PROPERTIES LLC 3,861.00 901925 05/02/2022 SREIT LEXINGTON CLUB LLC 34,425.00 901926 05/02/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 12,209.00 901927 05/02/2022 B4 TC PROPERTIES LLC 1,146.00 901928 05/02/2022 STREIT RIVER PARK PLACE LLC 21,844.00 901929 05/02/2022 EZAS INVESTMENTS LLC 701.00 901930 05/02/2022 MARILEE MINTZER 598.00 901931 05/02/2022 DANIEL I PREUSS 677.00 901932 05/02/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 27,310.00 901933 05/02/2022 IGC ENTERPRISES INCORPORATED 4,876.00 901934 05/02/2022 CREATIVE CHOICE HOMES XVI LTD 401.00 901935 05/02/2022 TREASURE COAST HOMELESS SERVICES 774.00 901936 05/02/2022 IRC HOUSING AUTHORITY 30.00 901937 05/02/2022 LAZY J LLC 309.00 901938 05/02/2022 COALITION FOR ATTAINABLE HOMES INC 461.00 901939 05/02/2022 SUNQUEST APRTMENTS LLC 792.00 901940 05/02/2022 ORCHARD GROVE VENTURE LLC 3,214.00 901941 05/02/2022 SREIT LEXINGTON CLUB LLC 2,038.00 901942 05/02/2022 STARWOOD REIT OPERATING PARTNERSHIP LP 1,858.00 Grand Total: 233,374.15 33 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127" Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 12, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 6, 2022 to May 12, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of May 6, 2022 to May 12, 2022. 34 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 422861 05/12/2022 UTIL REFUNDS 86.83 422862 05/12/2022 UTIL REFUNDS 171.33 422863 05/12/2022 UTIL REFUNDS 87.28 422864 05/12/2022 UTIL REFUNDS 394.82 422865 05/12/2022 UTIL REFUNDS 43.29 422866 05/12/2022 UTIL REFUNDS 78.40 422867 05/12/2022 UTIL REFUNDS 37.51 422868 05/12/2022 UTIL REFUNDS 67.23 422869 05/12/2022 UTIL REFUNDS 70.89 422870 05/12/2022 UTIL REFUNDS 67.12 422871 05/12/2022 UTIL REFUNDS 70.42 422872 05/12/2022 UTIL REFUNDS 66.51 422873 05/12/2022 UTIL REFUNDS 21.59 422874 05/12/2022 UTIL REFUNDS 79.64 422875 05/12/2022 UTIL REFUNDS 70.55 422876 05/12/2022 UTIL REFUNDS 46.52 422877 05/12/2022 UTIL REFUNDS 61.77 422878 05/12/2022 UTIL REFUNDS 48.38 422879 05/12/2022 UTIL REFUNDS 29.40 422880 05/12/2022 UTIL REFUNDS 22.00 422881 05/12/2022 UTIL REFUNDS 21.44 422882 05/12/2022 UTIL REFUNDS 82.00 422883 05/12/2022 UTIL REFUNDS 91.00 422884 05/12/2022 UTIL REFUNDS 31.74 422885 05/12/2022 UTIL REFUNDS 13.83 422886 05/12/2022 UTIL REFUNDS 12.78 422887 05/12/2022 UTIL REFUNDS 69.32 422888 05/12/2022 UTIL REFUNDS 2.01 422889 05/12/2022 UTIL REFUNDS 114.51 422890 05/12/2022 UTIL REFUNDS 36.55 422891 05/12/2022 UTIL REFUNDS 13.81 422892 05/12/2022 UTIL REFUNDS 31.42 422893 05/12/2022 UTIL REFUNDS 42.31 422894 05/12/2022 UTIL REFUNDS 89.82 422895 05/12/2022 UTIL REFUNDS 72.57 422896 05/12/2022 UTIL REFUNDS 1.24 422897 05/12/2022 UTIL REFUNDS 58.72 422898 05/12/2022 UTIL REFUNDS 11.40 422899 05/12/2022 UTIL REFUNDS 33.57 422900 05/12/2022 UTIL REFUNDS 78.40 422901 05/12/2022 UTIL REFUNDS 37.49 422902 05/12/2022 UTIL REFUNDS 143.94 422903 05/12/2022 UTIL REFUNDS 25.19 422904 05/12/2022 UTIL REFUNDS 19.85 422905 05/12/2022 UTIL REFUNDS 102.37 422906 05/12/2022 UTIL REFUNDS 136.89 422907 05/12/2022 UTIL REFUNDS 613.55 422908 05/12/2022 UTIL REFUNDS 28.18 422909 05/12/2022 FLORIDA EMERGENCY PREPAREDNESS 350.00 422910 05/12/2022 KAREN RACKARD 6.00 422911 05/12/2022 BUILDING OFFICIALS ASSOC OF FLORIDA 449.00 422912 05/12/2022 BUILDING OFFICIALS ASSOC OF FLORIDA 499.00 422913 05/12/2022 BUILDING OFFICIALS ASSOC OF FLORIDA 499.00 422914 05/12/2022 CARIBE ROYALE HOTEL 477.00 422915 05/12/2022 CARIBE ROYALE HOTEL 477.00 422916 05/12/2022 CARIBE ROYALE HOTEL 636.00 422917 05/12/2022 PETER OBRYAN 163.84 422918 05/12/2022 BENTON GRASS 44.00 35 TRANS NBR DATE VENDOR AMOUNT 422919 05/12/2022 CHRISTOPHER HANSON 44.00 422920 05/12/2022 ALEXANDRIA NICHOLAS 222.18 422921 05/12/2022 RYAN LLOYD 125.00 422922 05/12/2022 PATRIC CARPENTER 44.00 422923 05/12/2022 SEAN LIESKE 47.00 422924 05/12/2022 JEHU AUGUSTE 44.00 422925 05/12/2022 ZACHARY KIVENAS 44.00 422926 05/12/2022 KODY MOTT 44.00 422927 05/12/2022 JEREMY TRUMBLE 263.53 422928 05/12/2022 BROCK HATALA 44.00 422929 05/12/2022 RICOH USA INC 77.75 422930 05/12/2022 AT&T WIRELESS 37.80 422931 05/12/2022 GRAINGER 2,024.16 422932 05/12/2022 CLERK OF CIRCUIT COURT 3,186.64 422933 05/12/2022 AT&T CORP 1,273.52 422934 05/12/2022 GEOSYNTEC CONSULTANTS INC 24,895.16 422935 05/12/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 59.70 422936 05/12/2022 STATE ATTORNEY 18,863.35 422937 05/12/2022 PRISON REHABILITATIVE IND & DIV ENT INC 875.00 422938 05/12/2022 TLC DIVERSIFIED INC 376,815.03 422939 05/12/2022 CELICO PARTNERSHIP 2,283.40 422940 05/12/2022 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY Its 28.22 422941 05/12/2022 FISHER & PHILLIPS LLP 6,283.50 422942 05/12/2022 CALIFORNIA STATE CONTROLLERS OFFICE 76.60 422943 05/12/2022 MAJESTY TITLE SERVICES, LLC 68.42 422944 05/12/2022 KRAUS ASSOCIATES INC 22,875.00 422945 05/12/2022 CATHEDRAL CORPORATION 17,700.00 422946 05/12/2022 KERNS CONSTRUCTION & PROPERTY 12,753.46 422947 05/12/2022 FLORIDA EAST COAST HOLDINGS CORP 3,600.00 422948 05/12/2022 FLORIDA EAST COAST HOLDINGS CORP 1,800.00 422949 05/12/2022 COLE AUTO SUPPLY INC 182.45 422950 05/12/2022 VERO BEACH GOLDEN GRADS 339.25 422951 05/12/2022 JASON URBONOWICZ 250.00 422952 05/12/2022 AMAZON CAPITAL SERVICES INC 154.60 422953 05/12/2022 J -MAC CLEANING SERVICES INC 4,833.33 422954 05/12/2022 PREMIER TITLE PARTNERS OF FLORIDA LLC 54.84 422955 05/12/2022 SUN PATRICK ARCHITECTURE INC 105,205.19 422956 05/12/2022 COMMANDLINK LLC 6,881.56 422957 05/12/2022 KATHERINE BLAKELEY 65.37 422958 05/12/2022 CHARLES HOLMES 32.45 422959 05/12/2022 JANET JANSEN 71.85 422960 05/12/2022 SOUTH FLORIDA GRADING 1,690.40 422961 05/12/2022 RONALD REGAN 62.60 422962 05/12/2022 BONNIE JULIN 150.00 422963 05/12/2022 COMMUNITY OF REFUGE INTERNATIONAL 103.13 422964 05/12/2022 LIZ MATTHEWS 45.00 422965 05/12/2022 TAQUAN MCNEIL 45.00 422966 05/12/2022 JERRY REAM 94.59 422967 05/12/2022 UTIL REFUNDS 24.49 422968 05/12/2022 UTIL REFUNDS 77.96 422969 05/12/2022 UTIL REFUNDS 23.30 422970 05/12/2022 UTIL REFUNDS 81.59 422971 05/12/2022 UTIL REFUNDS 343.67 422972 05/12/2022 UTIL REFUNDS 9.85 422973 05/12/2022 UTIL REFUNDS 73.75 422974 05/12/2022 UTIL REFUNDS 58.96 422975 05/12/2022 UTIL REFUNDS 81.87 422976 05/12/2022 UTIL REFUNDS 85.88 422977 05/12/2022 UTIL REFUNDS 90.21 422978 05/12/2022 UTIL REFUNDS 92.80 TRANS NBR DATE VENDOR AMOUNT 422979 05/12/2022 UTIL REFUNDS 94.04 422980 05/12/2022 UTIL REFUNDS 94.04 422981 05/12/2022 UTIL REFUNDS 83.25 422982 05/12/2022 UTIL REFUNDS 19.36 422983 05/12/2022 UTIL REFUNDS 81.00 422984 05/12/2022 UTIL REFUNDS 16.76 422985 05/12/2022 UTIL REFUNDS 115.62 422986 05/12/2022 UTIL REFUNDS 14.48 422987 05/12/2022 UTIL REFUNDS 90.56 422988 05/12/2022 UTIL REFUNDS 82.01 422989 05/12/2022 UTIL REFUNDS 89.51 422990 05/12/2022 UTIL REFUNDS 171.44 422991 05/12/2022 UTIL REFUNDS 68.14 422992 05/12/2022 UTIL REFUNDS 31.36 422993 05/12/2022 UTIL REFUNDS 87.43 422994 05/12/2022 UTIL REFUNDS 77.63 422995 05/12/2022 UTIL REFUNDS 21.87 422996 05/12/2022 UTIL REFUNDS 23.34 422997 05/12/2022 UTIL REFUNDS 54.24 422998 05/12/2022 UTIL REFUNDS 33.87 422999 05/12/2022 UTIL REFUNDS 90.16 423000 05/12/2022 UTIL REFUNDS 100.00 423001 05/12/2022 UTIL REFUNDS 44.83 423002 05/12/2022 UTIL REFUNDS 46.76 423003 05/12/2022 UTIL REFUNDS 12.77 423004 05/12/2022 UTIL REFUNDS 71.79 423005 05/12/2022 UTIL REFUNDS 30.32 423006 05/12/2022 UTIL REFUNDS 38.16 423007 05/12/2022 UTIL REFUNDS 67.04 423008 05/12/2022 UTIL REFUNDS 22.49 423009 05/12/2022 UTIL REFUNDS 28.52 423010 05/12/2022 UTIL REFUNDS 18.54 423011 05/12/2022 UTIL REFUNDS 45.38 423012 05/12/2022 UTIL REFUNDS 60.08 423013 05/12/2022 UTIL REFUNDS 92.21 423014 05/12/2022 GUARDIAN EQUIPMENT INC 1,430.00 423015 05/12/2022 COMMUNICATIONS INTERNATIONAL 402.24 423016 05/12/2022 SSES INC 8,788.01 423017 05/12/2022 TEN-8 FIRE EQUIPMENT INC 1,202.70 423018 05/12/2022 RANGER CONSTRUCTION IND INC 912.45 423019 05/12/2022 VERO CHEMICAL DISTRIBUTORS INC 460.10 423020 05/12/2022 CHISHOLM CORP OF VERO 3,892.56 423021 05/12/2022 KIMLEY HORN & ASSOC INC 2,996.70 423022 05/12/2022 HENRY SCHEIN INC 975.16 423023 05/12/2022 SAFETY PRODUCTS INC 125.30 423024 05/12/2022 E-Z BREW COFFEE & BOTTLE WATER SVC 140.89 423025 05/12/2022 INDIAN RIVER BATTERY 80.95 423026 05/12/2022 GRAINGER 9,362.09 423027 05/12/2022 GRAYBAR ELECTRIC 942.21 423028 05/12/2022 WILD LAND ENTERPRISES INC 49.00 423029 05/12/2022 HACH CO 830.50 423030 05/12/2022 LFI FORT PIERCE INC 1,342.76 423031 05/12/2022 MARINE RESCUE PRODUCTS INC 4,295.00 423032 05/12/2022 NATIONAL FIRE PROTECTION ASSOC 175.00 423033 05/12/2022 BOUND TREE MEDICAL LLC 1,353.60 423034 05/12/2022 ABCO GARAGE DOOR CO INC 630.00 423035 05/12/2022 ABCO GARAGE DOOR CO INC 804.50 423036 05/12/2022 CARTER ASSOCIATES INC 716.10 423037 05/12/2022 DELL MARKETING LP 78,340.00 423038 05/12/2022 BRANDTS APPLIANCE SERVICE INC 155.00 37 TRANS NBR DATE VENDOR AMOUNT 423039 05/12/2022 ODYSSEY MANUFACTURING CO 7,455.69 423040 05/12/2022 HARRINGTON INDUSTRIAL PLASTICS LLC 279.00 423041 05/12/2022 BAKER DISTRIBUTING CO LLC 23.01 423042 05/12/2022 SOFTWARE HARDWARE INTEGRATION 198.36 423043 05/12/2022 CLERK OF CIRCUIT COURT 815.85 423044 05/12/2022 INDIAN RIVER COUNTY HEALTH DEPT 175.00 423045 05/12/2022 CITY OF VERO BEACH 1,485.66 423046 05/12/2022 INDIAN RIVER ALL FAB INC 436.14 423047 05/12/2022 HOME DEPOT USA INC 19.09 423048 05/12/2022 FLORIDA DEPT OF TRANSPORTATION 10.36 423049 05/12/2022 JANITORIAL DEPOT OF AMERICA INC 1,225.21 423050 05/12/2022 TREASURE COAST HOMELESS SERVICES 802.49 423051 05/12/2022 ARTHUR J GALLAGHER RISK MGMT SERV INC 2,874,536.00 423052 05/12/2022 FEDERAL EXPRESS CORP 88.85 423053 05/12/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 1,247.95 423054 05/12/2022 FAMOSO INC 52.80 423055 05/12/2022 FLORIDA POWER AND LIGHT 53,801.57 423056 05/12/2022 FLORIDA POWER AND LIGHT 1,842.70 423057 05/12/2022 AMERICAN PLANNING ASSOCIATION 85.00 423058 05/12/2022 CITY OF FELLSMERE 266.75 423059 05/12/2022 PEACE RIVER ELECTRIC COOP INC 258.39 423060 05/12/2022 COMPLETE ELECTRIC INC 5,175.00 423061 05/12/2022 TROY FAIN INSURANCE INC 217.75 423062 05/12/2022 ESRI INC 7,511.00 423063 05/12/2022 ECONOLITE CONTROL PRODUCTS INC 5,843.00 423064 05/12/2022 POSITIVE PROMOTIONS 600.43 423065 05/12/2022 HULETT ENVIRONMENTAL SERVICES 81.00 423066 05/12/2022 POLYDYNE INC 2,944.00 423067 05/12/2022 FASTENAL COMPANY 212.56 423068 05/12/2022 OTC DIRECT INC 675.12 423069 05/12/2022 SOUTHERN JANITOR SUPPLY INC 1,777.15 423070 05/12/2022 C W NIELSEN MFG CORP 200.00 423071 05/12/2022 ORCHID ISLAND PROPERTY MGMT II INC 1,535.96 423072 05/12/2022 1 ST FIRE & SECURITY INC 5,995.41 423073 05/12/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 127.73 423074 05/12/2022 JOHNNY B SMITH 280.00 423075 05/12/2022 DAWN WITHERINGTON 4,000.00 423076 05/12/2022 AFFORDABLE WATER & COFFEE SVC 35.00 423077 05/12/2022 SOUTHEAST SECURE SHREDDING 42.00 423078 05/12/2022 VERO MILLWORK INC 1,200.00 423079 05/12/2022 KWACKS INC 2,548.00 423080 05/12/2022 WINSUPPLY OF VERO BEACH 186.70 423081 05/12/2022 FLORIDA ARMATURE WORKS INC 4,238.11 423082 05/12/2022 VERO BEACH PARTNERSHIP 400.00 423083 05/12/2022 MOORE MOTORS INC 101.25 423084 05/12/2022 NEWSOM OIL COMPANY 852.50 423085 05/12/2022 CARDINAL HEALTH 110 INC 2,548.66 423086 05/12/2022 MUNICIPAL EMERGENCY SERVICES INC 1,957.57 423087 05/12/2022 BURNETT LIME CO INC 3,328.80 423088 05/12/2022 STEWART & STEVENSON FDDA LLC 315.99 423089 05/12/2022 STS MAINTAIN SERVICES INC 14,867.25 423090 05/12/2022 FEDERAL CONTRACTS CORP 26,980.00 423091 05/12/2022 SYLIVIAMILLER 1,455.00 423092 05/12/2022 HAWKINS INC 713.41 423093 05/12/2022 CATHEDRAL CORPORATION 1,004.54 423094 05/12/2022 UNIFIRST CORPORATION 1,424.53 423095 05/12/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 52.84 423096 05/12/2022 GOTTA GO GREEN ENTERPISES INC 127.21 423097 05/12/2022 CENTRAL FLORIDA EXPRESSWAY 7.38 423098 05/12/2022 BARSALOU VENTURES LLC 376.32 K�:j 4 TRANS NBR DATE VENDOR AMOUNT 423099 05/12/2022 WURTH USA INC 140.06 423100 05/12/2022 COLE AUTO SUPPLY INC 580.34 423101 05/12/2022 GOLF GENIUS SOFTWARE LLC 3,100.00 423102 05/12/2022 BETH NOLAN 78.00 423103 05/12/2022 FLORIDA BULB & BALLAST INC 512.95 423104 05/12/2022 CORE & MAIN LP 46,850.38 423105 05/12/2022 WOERNER AGRIBUSINESS LLC 268.00 423106 05/12/2022 REXEL USA INC 418.24 423107 05/12/2022 SHELBROUGH SAFETY LLC 4,320.00 423108 05/12/2022 ENGINEERED SERVICES INC 261.15 423109 05/12/2022 DIRECTV GROUP INC 93.24 423110 05/12/2022 COMCAST HOLDINGS CORPORATION 2,176.75 423111 05/12/2022 AMAZON CAPITAL SERVICES INC 3,971.86 423112 05/12/2022 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,628.31 423113 05/12/2022 CALITEN LLC 44.30 423114 05/12/2022 PACE ANALYTICAL SERVICES LLC 13,319.22 423115 05/12/2022 AMERIGAS PROPANE LP 1,904.49 423116 05/12/2022 METROPOLITAN COMMUNICATION SERVICES INC 575.25 423117 05/12/2022 JORDAN POWER EQUIPMENT CORP 287.99 423118 05/12/2022 JORDAN POWER EQUIPMENT CORP 733.56 423119 05/12/2022 MULLINAX FORD OF VERO BEACH 1,491.53 423120 05/12/2022 JUDITH A BURLEY 167.00 423121 05/12/2022 R&S RADIO LLC 400.00 423122 05/12/2022 WETLANDS MANAGEMENT SF LLC 2,400.00 423123 05/12/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 307.16 423124 05/12/2022 FERGUSON US HOLDINGS INC 8,203.12 423125 05/12/2022 BLUE GOOSE CONSTRUCTION LLC 4,832.25 423126 05/12/2022 LOWES COMPANIES INC 1,812.25 423127 05/12/2022 SMI TRADING LLC 47.92 423128 05/12/2022 SPORTS ENGINE INC 18.50 423129 05/12/2022 GREEN SEASONS NURSERY INC 1,275.00 423130 05/12/2022 BLUEBEAM INC 7,480.00 423131 05/12/2022 CARLON INC 145.00 423132 05/12/2022 BRITTON INDUSTRIES INC 143.46 423133 05/12/2022 JUNIPER LANDSCAPING OF FLORIDA LLC 3,649.00 423134 05/12/2022 TRAILHEAD LABS INC 1,250.00 423135 05/12/2022 HIREQUEST LLC 4,682.82 423136 05/12/2022 PETERBILT STORE SOUTH FLORIDA LLC 84.00 423137 05/12/2022 A TEAM OF THE TREASURE COAST INC 325.00 423138 05/12/2022 TAKING GROUND LAWN & LANDSCAPE INC 200.00 423139 05/12/2022 SCOTT B MCKINLEY 140.00 423140 05/12/2022 GOMEZ BROTHERS CONTRACT SERVICES 12,670.00 423141 05/12/2022 BTAC HOLDING CORP 7,544.55 423142 05/12/2022 PB PARENT HOLDCO LP 81.00 423143 05/12/2022 CRYSTAL MCANELLY DIVERS 25.00 423144 05/12/2022 SEVEN ISLES CAPITAL 1,510.00 423145 05/12/2022 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 423146 05/12/2022 KERNER LLC 4,785.00 423147 05/12/2022 LISAARLENE COBURN 10.00 423148 05/12/2022 GREGORY A SCHULTZ 2,284.62 423149 05/12/2022 BAY MEASUREMENTS LLC 3,340.00 423150 05/12/2022 ACTION RENTALS HOLDINGS LLC 70.20 Grand Total: 3,952,447.91 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019537 05/12/2022 ADRON FENCE COMPANY INC 835.00 1019538 05/12/2022 PARKS RENTAL & SALES INC 170.75 1019539 05/12/2022 INDIAN RIVER OXYGEN INC 3,930.49 1019540 05/12/2022 DAVES SPORTING GOODS & TROPHIES 1,417.00 1019541 05/12/2022 GALLS LLC 58.40 1019542 05/12/2022 MEEKS PLUMBING INC 4,839.00 1019543 05/12/2022 IRRIGATION CONSULTANTS UNLIMITED INC 1,305.20 1019544 05/12/2022 HILL MANUFACTURING CO INC 936.98 1019545 05/12/2022 GROVE WELDERS INC 1,650.00 1019546 05/12/2022 SOUTHERN COMPUTER WAREHOUSE INC 2,370.10 1019547 05/12/2022 COMMERCIAL ENERGY SPECIALISTS 6,284.70 1019548 05/12/2022 STRYKER SALES CORP 362.99 1019549 05/12/2022 SPINNAKER VERO INC 30.00 1019550 05/12/2022 SIMS CRANE & EQUIPMENT CO 618.80 1019551 05/12/2022 L&L DISTRIBUTORS 401.04 1019552 05/12/2022 HYDRA SERVICE (S) INC 58,301.37 1019553 05/12/2022 GUARDIAN ALARM OF FLORIDA LLC 85.00 1019554 05/12/2022 NEXAIR LLC 53.08 1019555 05/12/2022 EFE INC 526.02 1019556 05/12/2022 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 1,000.00 Grand Total: 85,175.92 .E1 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9545 05/06/2022 KIMLEY HORN & ASSOC INC 16,395.50 9546 05/06/2022 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 41,294.35 9547 05/06/2022 TOWN OF INDIAN RIVER SHORES 8,089.16 9548 05/06/2022 MUTUAL OF OMAHA 20,792.06 9549 05/06/2022 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,548.24 9550 05/06/2022 BENEFLEX INC 847.50 9551 05/09/2022 KIMLEY HORN & ASSOC INC 25,109.33 9552 05/09/2022 CITY OF SEBASTIAN 28,855.25 9553 05/09/2022 IRS -PAYROLL TAXES 7,600.91 9554 05/09/2022 HIGHMARK STOP LOSS 107,588.18 9555 05/09/2022 RX BENEFITS INC 2,324.92 9556 05/09/2022 ATLAS ORGANICS INDIAN RIVER LLC 147,214.37 9557 05/09/2022 EDH HOLDINGS LLC 919.71 9558 05/10/2022 GUETTLER BROTHERS CONSTRUCTION LLC 431,537.14 9559 05/10/2022 RX BENEFITS INC 189,056.75 9560 05/10/2022 HALLEY ENGINEERING CONTRACTORS INC 1,271,894.39 9561 05/12/2022 KIMLEY HORN & ASSOC INC 1,440.00 9562 05/12/2022 FLORIDA DEPARTMENT OF REVENUE 3,039.83 9563 05/12/2022 FLORIDA DEPARTMENT OF REVENUE 1,131.69 9564 05/12/2022 FLORIDA DEPARTMENT OF REVENUE 35,640.62 9565 05/12/2022 FLORIDA DEPARTMENT OF REVENUE 2,469.77 Grand Total: 2,347,789.67 41 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 901943 05/12/2022 THE PALMS AT VERO BEACH 20.00 Grand Total: 20.00 42 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 19, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 13, 2022 to May 19, 2022 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of May 13, 2022 to May 19, 2022. 'R 43 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 423151 05/13/2022 FLORIDA UC FUND 480.56 423152 05/13/2022 AMERITAS 33,271.00 423153 05/13/2022 COMMONWEALTH OF MASSACHUSETTS 154.00 423154 05/13/2022 NORTH DAKOTA CHILD SUPPORT 274.16 423155 05/19/2022 UTIL REFUNDS 34.67 423156 05/19/2022 UTIL REFUNDS 62.23 423157 05/19/2022 UTIL REFUNDS 85.93 423158 05/19/2022 UTIL REFUNDS 78.08 423159 05/19/2022 UTIL REFUNDS 263.44 423160 05/19/2022 UTIL REFUNDS 10.71 423161 05/19/2022 UTIL REFUNDS 46.37 423162 05/19/2022 UTIL REFUNDS 135.06 423163 05/19/2022 UTIL REFUNDS 54.04 423164 05/19/2022 UTIL REFUNDS 81.60 423165 05/19/2022 UTIL REFUNDS 10.29 423166 05/19/2022 UTIL REFUNDS 56.74 423167 05/19/2022 UTIL REFUNDS 33.69 423168 05/19/2022 UTIL REFUNDS 58.41 423169 05/19/2022 UTIL REFUNDS 71.45 423170 05/19/2022 UTIL REFUNDS 71.20 423171 05/19/2022 UTIL REFUNDS 86.27 423172 05/19/2022 UTIL REFUNDS 82.24 423173 05/19/2022 UTIL REFUNDS 53.76 423174 05/19/2022 UTIL REFUNDS 91.59 423175 05/19/2022 UTIL REFUNDS 41.23 423176 05/19/2022 UTIL REFUNDS 40.03 423177 05/19/2022 UTIL REFUNDS 66.71 423178 05/19/2022 UTIL REFUNDS 100.00 423179 05/19/2022 UTIL REFUNDS 11.43 423180 05/19/2022 UTIL REFUNDS 40.05 423181 05/19/2022 UTIL REFUNDS 73.80 423182 05/19/2022 UTIL REFUNDS 78.08 423183 05/19/2022 UTIL REFUNDS 68.54 423184 05/19/2022 UTIL REFUNDS 20.24 423185 05/19/2022 UTIL REFUNDS 30.88 423186 05/19/2022 UTIL REFUNDS 38.68 423187 05/19/2022 UTIL REFUNDS 86.35 423188 05/19/2022 UTIL REFUNDS 78.40 423189 05/19/2022 UTIL REFUNDS 34.95 423190 05/19/2022 AT&T WIRELESS 967.80 423191 05/19/2022 AT&T WIRELESS 144.96 423192 05/19/2022 EDLUND DRITENBAS BINKLEY ARCHITECTS 85,360.42 423193 05/19/2022 CLERK OF CIRCUIT COURT 62.50 423194 05/19/2022 CLERK OF CIRCUIT COURT 383.63 423195 05/19/2022 CLERK OF CIRCUIT COURT 15,170.00 423196 05/19/2022 CLERK OF CIRCUIT COURT 15,170.00 423197 05/19/2022 CLERK OF CIRCUIT COURT 20,670.00 423198 05/19/2022 HOME DEPOT USA INC 13.94 423199 05/19/2022 VERO BEACH HIGH SCHOOL 500.00 423200 05/19/2022 INTERNATIONAL GOLF MAINTENANCE INC 990.00 423201 05/19/2022 FLORIDA WATER & POLLUTION CONTROL 30.00 423202 05/19/2022 FEDERAL EXPRESS CORP 21.81 423203 05/19/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 62.16 423204 05/19/2022 TYLER TECHNOLOGIES INC 206,673.58 423205 05/19/2022 SEBASTIAN RIVER HIGH SCHOOL 500.00 423206 05/19/2022 THE FLORIDA BAR 310.00 423207 05/19/2022 CELICO PARTNERSHIP 882.36 423208 05/19/2022 AMERICAN WATER WORKS ASSOCIATION 659.00 TRANS NBR DATE VENDOR AMOUNT 423209 05/19/2022 LEON CARMEL 100.00 423210 05/19/2022 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 625.00 423211 05/19/2022 PIPER AIRCRAFT INC 150.00 423212 05/19/2022 KATIE MARLEAU 100.00 423213 05/19/2022 NAPIER & ROLLIN PLLC 200.00 423214 05/19/2022 SOUTHEASTERN SURVEYING & MAPPING CORP 5,158.00 423215 05/19/2022 DONALD F MEEKS & JANE W MEEKS 8,916.47 423216 05/19/2022 UNDER THE SUN PROMOTIONS 500.00 423217 05/19/2022 OHL USA 53,988.71 423218 05/19/2022 UTIL REFUNDS 74.52 423219 05/19/2022 UTIL REFUNDS 67.08 423220 05/19/2022 UTIL REFUNDS 76.61 423221 05/19/2022 UTIL REFUNDS 34.04 423222 05/19/2022 UTIL REFUNDS 39.47 423223 05/19/2022 UTIL REFUNDS 159.87 423224 05/19/2022 UTIL REFUNDS 70.77 423225 05/19/2022 UTIL REFUNDS 45.24 423226 05/19/2022 UTIL REFUNDS 54.66 423227 05/19/2022 UTIL REFUNDS 47.48 423228 05/19/2022 UTIL REFUNDS 71.77 423229 05/19/2022 UTIL REFUNDS 73.25 423230 05/19/2022 UTIL REFUNDS 72.12 423231 05/19/2022 UTIL REFUNDS 70.88 423232 05/19/2022 UTIL REFUNDS 31.34 423233 05/19/2022 UTIL REFUNDS 58.10 423234 05/19/2022 UTIL REFUNDS 68.55 423235 05/19/2022 UTIL REFUNDS 102.86 423236 05/19/2022 UTIL REFUNDS 71.54 423237 05/19/2022 UTIL REFUNDS 2.96 423238 05/19/2022 UTIL REFUNDS 81.18 423239 05/19/2022 UTIL REFUNDS 81.10 423240 05/19/2022 UTIL REFUNDS 68.91 423241 05/19/2022 UTIL REFUNDS 45.37 423242 05/19/2022 UTIL REFUNDS 60.00 423243 05/19/2022 UTIL REFUNDS 25.71 423244 05/19/2022 UTIL REFUNDS 42.42 423245 05/19/2022 UTIL REFUNDS 64.15 423246 05/19/2022 UTIL REFUNDS 82.12 423247 05/19/2022 UTIL REFUNDS 14.49 423248 05/19/2022 UTIL REFUNDS 33.58 423249 05/19/2022 UTIL REFUNDS 8.35 423250 05/19/2022 UTIL REFUNDS 77.27 423251 05/19/2022 UTIL REFUNDS 38.87 423252 05/19/2022 UTIL REFUNDS 54.47 423253 05/19/2022 UTIL REFUNDS 16.06 423254 05/19/2022 UTIL REFUNDS 41.49 423255 05/19/2022 UTIL REFUNDS 60.74 423256 05/19/2022 UTIL REFUNDS 42.87 423257 05/19/2022 UTIL REFUNDS 90.30 423258 05/19/2022 UTIL REFUNDS 15.09 423259 05/19/2022 UTIL REFUNDS 83.58 423260 05/19/2022 UTIL REFUNDS 3.66 423261 05/19/2022 UTIL REFUNDS 17.75 423262 05/19/2022 UTIL REFUNDS 39.97 423263 05/19/2022 UTIL REFUNDS 60.77 423264 05/19/2022 UTIL REFUNDS 71.47 423265 05/19/2022 UTIL REFUNDS 66.73 423266 05/19/2022 UTIL REFUNDS 40.05 423267 05/19/2022 UTIL REFUNDS 25.92 423268 05/19/2022 BRIAN FREEMAN 100.20 45 2 TRANS NBR DATE VENDOR AMOUNT 423269 05/19/2022 SUSAN ADAMS 30.00 423270 05/19/2022 PAIGE LESTER 668.00 423271 05/19/2022 DONALD KEITH 144.91 423272 05/19/2022 RACE TO SAFETY TRAINING LLC 1,440.00 423273 05/19/2022 MICHAEL STAUDT 668.00 423274 05/19/2022 ZAC PORTWOOD 668.00 423275 05/19/2022 PORT CONSOLIDATED INC 437.88 423276 05/19/2022 SUNCOAST WELDING SUPPLIES INC 667.76 423277 05/19/2022 COMMUNICATIONS INTERNATIONAL 1,630.00 423278 05/19/2022 RANGER CONSTRUCTION IND INC 958.27 423279 05/19/2022 RICOH USA INC 40.52 423280 05/19/2022 HENRY SCHEIN INC 1,174.68 423281 05/19/2022 SAFETY PRODUCTS INC 838.70 423282 05/19/2022 DATA FLOW SYSTEMS INC 19,611.00 423283 05/19/2022 BRENDA DICKHART 30.00 423284 05/19/2022 INDIAN RIVER BATTERY 1,019.15 423285 05/19/2022 GRAINGER 359.98 423286 05/19/2022 KELLY TRACTOR CO 2,886.00 423287 05/19/2022 GENES AUTO GLASS INC 350.00 423288 05/19/2022 SAFETY KLEEN SYSTEMS INC 388.25 423289 05/19/2022 GRAYBAR ELECTRIC 267.63 423290 05/19/2022 HACH CO 2,232.75 423291 05/19/2022 LFI FORT PIERCE INC 3,434.88 423292 05/19/2022 NATIONAL FIRE PROTECTION ASSOC 1,345.50 423293 05/19/2022 KSM ENGINEERING & TESTING INC 4,700.00 423294 05/19/2022 BOUND TREE MEDICAL LLC 6,192.66 423295 05/19/2022 TIRESOLES OF BROWARD INC 2,769.56 423296 05/19/2022 ABCO GARAGE DOOR CO INC 195.00 423297 05/19/2022 DELL MARKETING LP 1,338.96 423298 05/19/2022 BLAKESLEE SERVICES INC 73.00 423299 05/19/2022 MIDWEST TAPE LLC 5,280.78 423300 05/19/2022 ODYSSEY MANUFACTURING CO 9,959.40 423301 05/19/2022 CENGAGE LEARNING INC 1,040.56 423302 05/19/2022 PING INC 653.31 423303 05/19/2022 CITY OF VERO BEACH 4,589.77 423304 05/19/2022 HOME DEPOT USA INC 669.82 423305 05/19/2022 JANITORIAL DEPOT OF AMERICA INC 221.10 423306 05/19/2022 PUBLIX SUPERMARKETS 156.13 423307 05/19/2022 PUBLIX SUPERMARKETS 60.40 423308 05/19/2022 ARTHUR J GALLAGHER RISK MGMT SERV INC 286,115.11 423309 05/19/2022 ROGER CLEVELAND GOLF INC 1,833.75 423310 05/19/2022 ACUSHNET COMPANY 191.10 423311 05/19/2022 WEST PUBLISHING CORPORATION 196.43 423312 05/19/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 28.56 423313 05/19/2022 TYLER TECHNOLOGIES INC 700.00 423314 05/19/2022 CALLAWAY GOLF SALES COMPANY 758.05 423315 05/19/2022 FLORIDA POWER AND LIGHT 71,351.24 423316 05/19/2022 FLORIDA POWER AND LIGHT 30,201.11 423317 05/19/2022 TAYLOR MADE GOLF CO INC 140.48 423318 05/19/2022 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,610.16 423319 05/19/2022 NEW HORIZONS OF THE TREASURE COAST 27,457.50 423320 05/19/2022 TREASURE COAST CONSTRUCTION MGMT LLC 1,465.00 423321 05/19/2022 LANGUAGE LINE SERVICES INC 103.23 423322 05/19/2022 INDIAN RIVER COUNTY HISTORICAL 4,445.00 423323 05/19/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 179.19 423324 05/19/2022 CHILDRENS HOME SOCIETY OF FL 1,000.00 423325 05/19/2022 BRIDGESTONE AMERICAS INC 7,297.37 423326 05/19/2022 HULETT ENVIRONMENTAL SERVICES 380.50 423327 05/19/2022 CINTAS CORPORATION NO 2 125.71 423328 05/19/2022 CINTAS CORPORATION NO 2 211.48 .R TRANS NBR DATE VENDOR AMOUNT 423329 05/19/2022 FLORIDA DEPT OF JUVENILE JUSTICE 42,392.00 423330 05/19/2022 BRIDGESTONE GOLF INC 1,920.06 423331 05/19/2022 SOUTHERN JANITOR SUPPLY INC 2,186.72 423332 05/19/2022 OCLC ONLINE COMPUTER LIBRARY CENTER 479.81 423333 05/19/2022 FLORIDA LEVEL & TRANSIT CO INC 3,034.80 423334 05/19/2022 GLOVER OIL COMPANY INC 136,328.73 423335 05/19/2022 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 8,196.45 423336 05/19/2022 CAROLE J MADIGAN 2,563.00 423337 05/19/2022 RUSH TRUCK CENTERS OF FLORIDA 7,405.60 423338 05/19/2022 FISHER & PHILLIPS LLP 7,792.59 423339 05/19/2022 PETER J CASSARA 2,500.00 423340 05/19/2022 VERO MILLWORK INC 336.00 423341 05/19/2022 KWACKS INC 852.00 423342 05/19/2022 WINSUPPLY OF VERO BEACH 145.80 423343 05/19/2022 BRENNTAG MID-SOUTH INC 3,220.99 423344 05/19/2022 FLORIDA COAST EQUIPMENT INC 3,604.60 423345 05/19/2022 OVERDRIVE INC 9,398.50 423346 05/19/2022 XYLEM WATER SOLUTION USA INC 1,370.00 423347 05/19/2022 GFA INTERNATIONAL INC 21,452.50 423348 05/19/2022 NEWSOM OIL COMPANY 852.50 423349 05/19/2022 MUNICIPAL EMERGENCY SERVICES INC 101.61 423350 05/19/2022 BURNETT LIME CO INC 10,015.60 423351 05/19/2022 STRAIGHT OAK LLC 207.68 423352 05/19/2022 BAUDVILLE INC 334.34 423353 05/19/2022 FLORIDA DESIGN DRILLING CORP 22,935.73 423354 05/19/2022 THE LAW OFFICES OF 2,217.50 423355 05/19/2022 STS MAINTAIN SERVICES INC 18,524.25 423356 05/19/2022 COBRA GOLF INCORPORATED 158.47 423357 05/19/2022 MICHAEL EDWARD HAMILTON 300.00 423358 05/19/2022 SYLIVIA MILLER 162.00 423359 05/19/2022 CATHEDRAL CORPORATION 2,307.50 423360 05/19/2022 UNIFIRST CORPORATION 1,071.27 423361 05/19/2022 WILSON SPORTING GOODS CO 1,506.87 423362 05/19/2022 BARSALOU VENTURES LLC 1,303.40 423363 05/19/2022 CDW LLC 199.99 423364 05/19/2022 MATHESON TRI-GAS INC 5,135.00 423365 05/19/2022 COLE AUTO SUPPLY INC 2,461.50 423366 05/19/2022 RHOADES AIR & HEAT 530.00 423367 05/19/2022 ROY I SMITH 254.95 423368 05/19/2022 KONICA MINOLTA BUSINESS SOLUTIONS 490.78 423369 05/19/2022 M N WORLDWIDE INC 400.00 423370 05/19/2022 RECYCLING ROCKS LLC 1,600.00 423371 05/19/2022 DAVE FORD PAINTING INC 25,000.12 423372 05/19/2022 RELX INC 410.00 423373 05/19/2022 DIRECTV GROUP INC 102.39 423374 05/19/2022 AMAZON CAPITAL SERVICES INC 5,272.55 423375 05/19/2022 TREASURE COAST PLUMBING LLC 283.88 423376 05/19/2022 PACE ANALYTICAL SERVICES LLC 453.60 423377 05/19/2022 AMERIGAS PROPANE LP 6,411.67 423378 05/19/2022 JORDAN POWER EQUIPMENT CORP 137.98 423379 05/19/2022 LIFE EXTENSION CLINICS INC 33,600.00 423380 05/19/2022 LIBERTY TIRE RECYCLING LLC 4,022.60 423381 05/19/2022 PC SOLUTIONS & INTEGRATION INC 34,157.14 423382 05/19/2022 MULLINAX FORD OF VERO BEACH 147.14 423383 05/19/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,188.62 423384 05/19/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 266.77 423385 05/19/2022 MT CAUSLEY LLC 30,697.04 423386 05/19/2022 FERGUSON US HOLDINGS INC 1,234.54 423387 05/19/2022 STAPLES INC 1,016.40 423388 05/19/2022 LOWES COMPANIES INC 2,715.99 47 4 TRANS NBR DATE VENDOR AMOUNT 423389 05/19/2022 HOLLINGER METAL EDGE 535.00 423390 05/19/2022 DEX IMAGING LLC 35.00 423391 05/19/2022 AQUATIC WEED CONTROL INC 145.00 423392 05/19/2022 CARLON INC 218.40 423393 05/19/2022 BRITTON INDUSTRIES INC 167.32 423394 05/19/2022 SCALESGEAR.COM LLC 702.94 423395 05/19/2022 FUN EXPRESS LLC 44.99 423396 05/19/2022 HIREQUEST LLC 3,779.85 423397 05/19/2022 PETERBILT STORE SOUTH FLORIDA LLC 592.39 423398 05/19/2022 A TEAM OF THE TREASURE COAST INC 2,283.00 423399 05/19/2022 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 423400 05/19/2022 UNION BUG UNITED LLC 1,211.40 423401 05/19/2022 MARUBENI AMERICA CORPORATION 938.80 423402 05/19/2022 GOMEZ BROTHERS CONTRACT SERVICES 3,573.00 423403 05/19/2022 SHRIEVE CHEMICAL CO LLC 5,734.00 423404 05/19/2022 BTAC HOLDING CORP 3,005.70 423405 05/19/2022 TPH HOLDINGS LLC 716.26 423406 05/19/2022 TARKETT USA INC 13,164.98 423407 05/19/2022 SEVEN ISLES CAPITAL 118.00 423408 05/19/2022 JORDAN ROSE 6,720.00 423409 05/19/2022 SHEARBERLAND LLC 755.00 423410 05/19/2022 DOUG FREEMAN 1,000.00 Grand Total: 1,503,983.78 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019557 05/13/2022 AT&T CORP 6.35 1019558 05/13/2022 AT&T CORP 13.12 1019559 05/13/2022 AT&T CORP 971.00 1019560 05/13/2022 AT&T CORP 5,454.37 1019561 05/13/2022 OFFICE DEPOT INC 676.71 1019562 05/13/2022 COMCAST 111.85 1019563 05/13/2022 WASTE MANAGEMENT INC OF FLORIDA 2,439.75 1019564 05/19/2022 PARKS RENTAL & SALES INC 170.75 1019565 05/19/2022 INDIAN RIVER OXYGEN INC 185.35 1019566 05/19/2022 DEMCOINC 80.50 1019567 05/19/2022 MIKES GARAGE & WRECKER SERVICE INC 453.20 1019568 05/19/2022 APPLE INDUSTRIAL SUPPLY CO 350.61 1019569 05/19/2022 GALLS LLC 114.64 1019570 05/19/2022 WORLD INDUSTRIAL EQUIPMENT INC 1,304.15 1019571 05/19/2022 GROVE WELDERS INC 206.70 1019572 05/19/2022 OFFICE DEPOT INC 140.96 1019573 05/19/2022 STRYKER SALES CORP 484.09 1019574 05/19/2022 RECHTIEN INTERNATIONAL TRUCKS 48.95 1019575 05/19/2022 L&L DISTRIBUTORS 1,794.38 1019576 05/19/2022 HYDRA SERVICE (S) INC 13,332.00 1019577 05/19/2022 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1019578 05/19/2022 NEXAIR LLC 111.83 1019579 05/19/2022 EFE INC 2,107.42 1019580 05/19/2022 FIRST HOSPITAL LABORATORIES INC 140.00 1019581 05/19/2022 AT&T CORP 3,202.52 1019582 05/19/2022 AT&T CORP 6.35 1019583 05/19/2022 AT&T CORP 5.29 1019584 05/19/2022 OFFICE DEPOT INC 1,078.02 1019585 05/19/2022 OFFICE DEPOT INC 369.12 Grand Total: 35,459.98 Sol ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 9566 05/13/2022 IRC FIRE FIGHTERS ASSOC 10,230.60 9567 05/13/2022 FL SDU 3,432.79 9568 05/13/2022 HUMANE SOCIETY 39,000.00 9569 05/13/2022 NATIONWIDE SOLUTIONS RETIREMENT INC 116,523.33 9570 05/13/2022 EDH HOLDINGS LLC 55,607.09 9571 05/13/2022 ALLEN CONCRETE & MASONRY INC 399,134.83 9572 05/16/2022 CLERK OF CIRCUIT COURT 5,554.69 9573 05/16/2022 PUBLIC DEFENDER 3,995.65 9574 05/16/2022 SCHOOL DISTRICT OF I R COUNTY 123,876.00 9575 05/16/2022 IRS -PAYROLL TAXES 506,273.99 9576 05/17/2022 VEROTOWN LLC 5,000.00 9577 05/17/2022 VEROTOWN LLC 177,541.85 9578 05/17/2022 WRIGHT EXPRESS FSC 39,126.78 9579 05/19/2022 KIMLEY HORN & ASSOC INC 1,555.00 9580 05/19/2022 INDIAN RIVER COUNTY SHERIFF 45,633.83 9581 05/19/2022 IRC CHAMBER OF COMMERCE 25,957.19 9582 05/19/2022 IRC CHAMBER OF COMMERCE 14,593.89 9583 05/19/2022 INDIAN RIVER COUNTY TAX COLLECTOR 3,000.00 9584 05/19/2022 SAVE ON SP LLC 27,759.15 Grand Total: 1,603,796.66 50 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 26, 2022 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 20, 2022 to May 26, 2022 & compTR .„ o` 9 " O yq��fR COUNty F� In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of May 20, 2022 to May 26, 2022. 51 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 423411 05/20/2022 JAMES VENTO 1,007.84 423412 05/26/2022 AT&T WIRELESS 43.23 423413 05/26/2022 AT&T WIRELESS 91.16 423414 05/26/2022 AT&T WIRELESS 147.92 423415 05/26/2022 AT&T WIRELESS 152.92 423416 05/26/2022 AT&T WIRELESS 981.81 423417 05/26/2022 INDIAN RIVER COUNTY HEALTH DEPT 64,633.66 423418 05/26/2022 VICTIM ASSISTANCE PROGRAM 6,485.91 423419 05/26/2022 ROGER J NICOSIA 1,500.00 423420 05/26/2022 CITY OF VERO BEACH 2,230.27 423421 05/26/2022 CITY OF VERO BEACH 11,987.50 423422 05/26/2022 AT&T CORP 657.74 423423 05/26/2022 AT&T CORP 1,586.14 423424 05/26/2022 AT&T CORP 1,586.14 423425 05/26/2022 AT&T CORP 1,353.69 423426 05/26/2022 INTERNATIONAL GOLF MAINTENANCE INC 101,775.60 423427 05/26/2022 GEOSYNTEC CONSULTANTS INC 13,555.90 423428 05/26/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 28.56 423429 05/26/2022 STATE ATTORNEY 9,915.07 423430 05/26/2022 TROY FAIN INSURANCE INC 108.00 423431 05/26/2022 BRYANT MILLER OLIVE PA 3,640.00 423432 05/26/2022 ST LUCIE COUNTY BOCC 40,484.33 423433 05/26/2022 ARCADIS U S INC 4,582.10 423434 05/26/2022 CELICO PARTNERSHIP 111.79 423435 05/26/2022 MASTELLER & MOLER INC 7,929.74 423436 05/26/2022 TORNABENE, ANGELO & GIOVANNA 68.35 423437 05/26/2022 KRISTIN DANIELS 40.00 423438 05/26/2022 HELPING ANIMALS LIVE -OVERCOME 21.00 423439 05/26/2022 DE LA HOZ BUILDERS INC 35,347.00 423440 05/26/2022 ATLANTIC ROOFING II OF VERO BEACH INC 112,930.60 423441 05/26/2022 SOUTHERN MANAGEMENT LLC 10,886.00 423442 05/26/2022 THE TRANSIT GROUP INC 10,356.37 423443 05/26/2022 ANFIELD CONSULTING GROUP INC 10,000.00 423444 05/26/2022 BOWMAN CONSULTING GROUP LTD 6,183.50 423445 05/26/2022 STATE OF FLORIDA 19,706.10 423446 05/26/2022 GATEWAY SERVICES USA LLC 42.00 423447 05/26/2022 LOWES COMPANIES INC 207.93 423448 05/26/2022 CLEAN SPACE INC 15,530.91 423449 05/26/2022 GIBRALTAR CONSTRUCTION COMPANY INC 252,187.87 423450 05/26/2022 SPIEZLE ARCHITECTURAL GROUP INC 437.40 423451 05/26/2022 NICHOLAS HAWKINS 50.00 423452 05/26/2022 UTIL REFUNDS 10.52 423453 05/26/2022 UTIL REFUNDS 25.03 423454 05/26/2022 UTIL REFUNDS 76.65 423455 05/26/2022 UTIL REFUNDS 71.92 423456 05/26/2022 UTIL REFUNDS 46.84 423457 05/26/2022 UTIL REFUNDS 53.75 423458 05/26/2022 UTIL REFUNDS 28.14 423459 05/26/2022 UTIL REFUNDS 26.12 423460 05/26/2022 UTIL REFUNDS 39.29 423461 05/26/2022 UTIL REFUNDS 100.00 423462 05/26/2022 UTIL REFUNDS 8.75 423463 05/26/2022 UTIL REFUNDS 87.21 423464 05/26/2022 UTIL REFUNDS 139.28 423465 05/26/2022 UTIL REFUNDS 262.98 423466 05/26/2022 UTIL REFUNDS 42.77 423467 05/26/2022 UTIL REFUNDS 28.59 423468 05/26/2022 UTIL REFUNDS 60.89 52 TRANS NBR DATE VENDOR AMOUNT 423469 05/26/2022 UTIL REFUNDS 61.42 423470 05/26/2022 UTIL REFUNDS 43.27 423471 05/26/2022 UTIL REFUNDS 18.39 423472 05/26/2022 UTIL REFUNDS 15.76 423473 05/26/2022 UTIL REFUNDS 66.48 423474 05/26/2022 UTIL REFUNDS 18.92 423475 05/26/2022 UTIL REFUNDS 107.36 423476 05/26/2022 UTIL REFUNDS 29.88 423477 05/26/2022 UTIL REFUNDS 45.89 423478 05/26/2022 UTIL REFUNDS 36.70 423479 05/26/2022 UTIL REFUNDS 17.01 423480 05/26/2022 UTIL REFUNDS 20.91 423481 05/26/2022 UTIL REFUNDS 80.54 423482 05/26/2022 UTIL REFUNDS 41.46 423483 05/26/2022 UTIL REFUNDS 69.66 423484 05/26/2022 UTIL REFUNDS 93.84 423485 05/26/2022 UTIL REFUNDS 100.00 423486 05/26/2022 UTIL REFUNDS 20.29 423487 05/26/2022 UTIL REFUNDS 15.43 423488 05/26/2022 UTIL REFUNDS 22.75 423489 05/26/2022 UTIL REFUNDS 21.46 423490 05/26/2022 UTIL REFUNDS 35.00 423491 05/26/2022 UTIL REFUNDS 45.39 423492 05/26/2022 UTIL REFUNDS 42.70 423493 05/26/2022 UTIL REFUNDS 81.67 423494 05/26/2022 UTIL REFUNDS 119.45 423495 05/26/2022 UTIL REFUNDS 49.56 423496 05/26/2022 CLEMENTS PEST CONTROL 5,850.00 423497 05/26/2022 COMMUNICATIONS INTERNATIONAL 403.24 423498 05/26/2022 SSES INC 37,843.06 423499 05/26/2022 TEN-8 FIRE EQUIPMENT INC 19,233.70 423500 05/26/2022 RANGER CONSTRUCTION IND INC 1,213.46 423501 05/26/2022 VERO CHEMICAL DISTRIBUTORS INC 686.15 423502 05/26/2022 RICOH USA INC 162.98 423503 05/26/2022 KIMLEY HORN & ASSOC INC 3,824.25 423504 05/26/2022 HENRY SCHEIN INC 84.00 423505 05/26/2022 SAFETY PRODUCTS INC 863.70 423506 05/26/2022 DATA FLOW SYSTEMS INC 63,360.00 423507 05/26/2022 BRENDA DICKHART 170.00 423508 05/26/2022 PARALEE COMPANY INC 16,555.70 423509 05/26/2022 INDIAN RIVER BATTERY 1,614.40 423510 05/26/2022 GRAINGER 1,092.59 423511 05/26/2022 REPUBLIC SERVICES INC 26,707.33 423512 05/26/2022 TEMPLE INC 691.00 423513 05/26/2022 WILD LAND ENTERPRISES INC 6.00 423514 05/26/2022 HACH CO 1,148.49 423515 05/26/2022 LFI FORT PIERCE INC 2,341.02 423516 05/26/2022 CLIFF BERRY INC 215.95 423517 05/26/2022 AVERY DENNISON CORPORATION 3,574.80 423518 05/26/2022 BOUND TREE MEDICAL LLC 6,044.95 423519 05/26/2022 TIRESOLES OF BROWARD INC 4,874.29 423520 05/26/2022 EDLUND DRITENBAS BINKLEY ARCHITECTS 7,887.50 423521 05/26/2022 ABCO GARAGE DOOR CO INC 818.19 423522 05/26/2022 NEWMANS POWER SYSTEMS 420.00 423523 05/26/2022 ODYSSEY MANUFACTURING CO 4,948.52 423524 05/26/2022 HUDSON PUMP & EQUIPMENT 16,980.00 423525 05/26/2022 K & M ELECTRIC SUPPLY INC 265.69 423526 05/26/2022 BAKER DISTRIBUTING CO LLC 25.07 423527 05/26/2022 PAUL CARONE 3,432.00 423528 05/26/2022 WILLIE C REAGAN 1,880.00 53 TRANS NBR DATE VENDOR AMOUNT 423529 05/26/2022 CREATIVE CHOICE HOMES XVI LTD 1,000.00 423530 05/26/2022 CLERK OF CIRCUIT COURT 10.00 423531 05/26/2022 CLERK OF CIRCUIT COURT 12.00 423532 05/26/2022 INDIAN RIVER COUNTY HEALTH DEPT 1,075.00 423533 05/26/2022 CITY OF VERO BEACH 1,203.03 423534 05/26/2022 INDIAN RIVER ALL FAB INC 11,088.85 423535 05/26/2022 HOME DEPOT USA INC 464.46 423536 05/26/2022 EBSCO INDUSTRIES INC 19,180.01 423537 05/26/2022 TREASURE COAST HOMELESS SERVICES 6,951.00 423538 05/26/2022 BRACKETT FAMILY LIMITED PARTNERSHIP 1,167.00 423539 05/26/2022 ENVIRONMENTAL LEARNING CENTER INC 7,400.95 423540 05/26/2022 ARTHUR J GALLAGHER RISK MGMT SERV INC 147.00 423541 05/26/2022 FLORIDA DEPT OF AGRICULTURE AND 100.00 423542 05/26/2022 FEDERAL EXPRESS CORP 55.22 423543 05/26/2022 CENTRAL A/C & REFRIGERATION SUPPLY INC 597.26 423544 05/26/2022 COMO OIL COMPANY OF FLORIDA 116.92 423545 05/26/2022 LIBERTY FLAGS INC 488.70 423546 05/26/2022 FAMOSO INC 221.76 423547 05/26/2022 TIMOTHY ROSE CONTRACTING INC 42,973.31 423548 05/26/2022 FLORIDA POWER AND LIGHT 134,639.38 423549 05/26/2022 FLORIDA POWER AND LIGHT 8,477.01 423550 05/26/2022 AMERICAN PLANNING ASSOCIATION 398.00 423551 05/26/2022 CATHOLIC CHARITIES DIOCESE OF PALM BCH 6,075.67 423552 05/26/2022 HIBISCUS CHILDRENS CENTER INC 3,647.05 423553 05/26/2022 TREASURE COAST SPORTS COMMISSION INC 14,187.60 423554 05/26/2022 THE ROOF AUTHORITY INC 1,450.00 423555 05/26/2022 NOTARY PUBLIC UNDERWRITERS INC 135.00 423556 05/26/2022 BE SAFE SECURITY ALARMS INC 239.70 423557 05/26/2022 INTERNATIONAL ASSOCIATION OF 360.00 423558 05/26/2022 INTERNATIONAL ASSOCIATION OF 120.00 423559 05/26/2022 INDIAN RIVER FARMS WATER CNTRL DIST 65.00 423560 05/26/2022 INDIAN RIVER FARMS WATER CNTRL DIST 320.00 423561 05/26/2022 INDIAN RIVER FARMS WATER CNTRL DIST 328.19 423562 05/26/2022 INDIAN RIVER FARMS WATER CNTRL DIST 528.19 423563 05/26/2022 LARRY STALEY 706.00 423564 05/26/2022 JOHN BROWN & SONS INC 10,890.00 423565 05/26/2022 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 6.93 423566 05/26/2022 ELXSI INC 338.82 423567 05/26/2022 FLORIDA DEPT OF BUSINESS & PROF 975.00 423568 05/26/2022 FLORIDA DEPT OF BUSINESS & PROF 150.00 423569 05/26/2022 DAVID SPARKS 808.00 423570 05/26/2022 FORT PIERCE HOUSING AUTHORITY 775.00 423571 05/26/2022 ST LUCIE COUNTY BOCC 3,096.30 423572 05/26/2022 THE PALMS AT VERO BEACH 2,355.00 423573 05/26/2022 INSTITUTE OF TRANSPORTATION 895.00 423574 05/26/2022 TRANE US INC 339,162.70 423575 05/26/2022 HULETT ENVIRONMENTAL SERVICES 352.50 423576 05/26/2022 ARTHUR PRUETT 734.00 423577 05/26/2022 SYNAGRO-WWT INC 71,734.86 423578 05/26/2022 FLORIDA RURAL LEGAL SERVICES INC 2,906.80 423579 05/26/2022 FASTENAL COMPANY 382.03 423580 05/26/2022 SOUTHERN JANITOR SUPPLY INC 2,091.05 423581 05/26/2022 SOUTHERN JANITOR SUPPLY INC 21356.74 423582 05/26/2022 SWANK MOTION PICTURES INC 465.00 423583 05/26/2022 MICHAEL JAHOLKOWSKI 512.00 423584 05/26/2022 JACKS COMPLETE TREE SERVICE INC 1,500.00 423585 05/26/2022 MASTELLER & MOLER INC 19,580.00 423586 05/26/2022 GERELCOM INC 1,400.00 423587 05/26/2022 RICHARD SCHLITT 862.00 423588 05/26/2022 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,107.78 54 TRANS NBR DATE VENDOR AMOUNT 423589 05/26/2022 SUNCOAST REALTY & RENTAL MGMT LLC 419.00 423590 05/26/2022 RUSH TRUCK CENTERS OF FLORIDA 161,998.00 423591 05/26/2022 PAMELA R CUMMINGS 689.00 423592 05/26/2022 JOHNNY B SMITH 210.00 423593 05/26/2022 MENTAL HEALTH ASSOCIATION IRC INC 6,455.85 423594 05/26/2022 GLOBALSTAR USA 193.87 423595 05/26/2022 INDIAN RIVER RDA LP 532.00 423596 05/26/2022 SOUTHEAST SECURE SHREDDING 45.00 423597 05/26/2022 TRADEWINDS POWER CORP 1,071.25 423598 05/26/2022 YOUTH GUIDANCE DONATION FUND 2,210.25 423599 05/26/2022 MAUI RIPPERS INC 134.25 423600 05/26/2022 ENVIRONMENTAL CONSERVATION LABORATORIES IN 3,644.00 423601 05/26/2022 NICOLACE MARKETING INC 9,121.42 423602 05/26/2022 CC CONTROL CORPORATIION 8,350.00 423603 05/26/2022 FEED THE LAMBS ENRICHMENT PROGRAM INC 3,125.00 423604 05/26/2022 OKEECHOBEE PARTNERS LLC 807.00 423605 05/26/2022 BRENNTAG MID -SOUTH INC 3,514.86 423606 05/26/2022 MISS INC OF THE TREASURE COAST 2,159.00 423607 05/26/2022 FIVE STAR PROPERTY HOLDING LLC 1,060.00 423608 05/26/2022 GAUDET ASSOCIATES INC 1,400.00 423609 05/26/2022 CARDINAL HEALTH 110 INC 1,176.69 423610 05/26/2022 MUNICIPAL EMERGENCY SERVICES INC 245.89 423611 05/26/2022 MUNICIPAL EMERGENCY SERVICES INC 3,067.86 423612 05/26/2022 BURNETT LIME CO INC 16,702.40 423613 05/26/2022 CHEMTRADE CHEMICALS CORPORTATION 6,540.98 423614 05/26/2022 MARKETING SPECIALTIES OF GEORGIA LLC 3,604.79 423615 05/26/2022 HAWKINS INC 498.26 423616 05/26/2022 AUGUSTUS B FORT JR 891.00 423617 05/26/2022 UNIFIRST CORPORATION 1,236.33 423618 05/26/2022 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 1,138.64 423619 05/26/2022 H&H SHADOWBROOK LLC 689.00 423620 05/26/2022 CDA SOLUTIONS INC 1,195.00 423621 05/26/2022 CDA SOLUTIONS INC 5,108.60 423622 05/26/2022 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 638.95 423623 05/26/2022 GOTTA GO GREEN ENTERPISES INC 280.36 423624 05/26/2022 HYDROMAX USA LLC 52,989.50 423625 05/26/2022 AWC INC 19,775.00 423626 05/26/2022 EASTERN PIPELINE CONSTRUCTION INC 11,375.00 423627 05/26/2022 AC VETERINARY SPECIALTY SERVICES 45.00 423628 05/26/2022 HELPING HANDS REAL ESTATE & INVESTMENT CO 872.00 423629 05/26/2022 ALIX DENEAU 750.00 423630 05/26/2022 DEBBIE CARSON 200.00 423631 05/26/2022 MATHESON TRI -GAS INC 6,620.25 423632 05/26/2022 WILLIS SPORTS ASSOCIATION INC 5,026.58 423633 05/26/2022 COLE AUTO SUPPLY INC 5,907.87 423634 05/26/2022 RHOADES AIR & HEAT 5,160.00 423635 05/26/2022 KONICA MINOLTA BUSINESS SOLUTIONS 728.94 423636 05/26/2022 BETH NOLAN 132.00 423637 05/26/2022 DAY DREAMS UNIFORMS INC 94.25 423638 05/26/2022 NKW PIP HOLDINGS I LLC 1,963.00 423639 05/26/2022 RECYCLING ROCKS LLC 800.00 423640 05/26/2022 FLORIDA BULB & BALLAST INC 65.00 423641 05/26/2022 NESTLE WATERS NORTH AMERICA 314.76 423642 05/26/2022 CORE & MAIN LP 5,474.42 423643 05/26/2022 JOE PAYNE INC 13,082.16 423644 05/26/2022 BROWNELLS INC 19,083.60 423645 05/26/2022 WOERNER AGRIBUSINESS LLC 80.00 423646 05/26/2022 TYKES & TEENS INC 3,066.67 423647 05/26/2022 TRAFFIC SUPPLIES & DISTRIBUTION LLC 1,782.33 423648 05/26/2022 BRANDON ROUER 1,013.00 55 TRANS NBR DATE VENDOR AMOUNT 423649 05/26/2022 HUDSON CONSULTING & MANAGEMENT LLC 997.00 423650 05/26/2022 AMAZON CAPITAL SERVICES INC 2,599.70 423651 05/26/2022 PACE ANALYTICAL SERVICES LLC 226.80 423652 05/26/2022 AMERIGAS PROPANE LP 7,804.43 423653 05/26/2022 THE HOPE FOR FAMILIES CENTER INC 3,652.23 423654 05/26/2022 JORDAN POWER EQUIPMENT CORP 106.99 423655 05/26/2022 JORDAN POWER EQUIPMENT CORP 220.94 423656 05/26/2022 MULLINAX FORD OF VERO BEACH 191.96 423657 05/26/2022 SHARON P BRENNAN 661.00 423658 05/26/2022 SOUTH CENTRAL PLANNING & DEVELOPMENT COMM 7,868.70 423659 05/26/2022 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 829.23 423660 05/26/2022 DESK SPINCO INC 1,483.45 423661 05/26/2022 IXORIA LLC 711.00 423662 05/26/2022 A PLUS PROPERTY MANAGEMENT INC 8,182.00 423663 05/26/2022 FERGUSON US HOLDINGS INC 88.75 423664 05/26/2022 ORCHARD GROVE VENTURE LLC 675.00 423665 05/26/2022 STAPLES INC 11.29 423666 05/26/2022 LOWES COMPANIES INC 8,197.48 423667 05/26/2022 SMI TRADING LLC 115.79 423668 05/26/2022 GEORGIA KING LLC 757.00 423669 05/26/2022 BREGO PROPERTIES LLC 2,021.00 423670 05/26/2022 CHRIS ZAVESKY 150.00 423671 05/26/2022 SREIT LEXINGTON CLUB LLC 2,309.00 423672 05/26/2022 REBECCA SIPLAK 16.00 423673 05/26/2022 VERO BEACH LEASED HOUSING ASSOC III LLLP 377.00 423674 05/26/2022 JLA GEOSCIENCES INC 7,200.00 423675 05/26/2022 MARLBROS HOLDINGS LLC 1,133.00 423676 05/26/2022 JARROD CANNON 1,003.00 423677 05/26/2022 BRITTON INDUSTRIES INC 206.15 423678 05/26/2022 SILVER ORANGE LLC 730.00 423679 05/26/2022 HIREQUEST LLC 4,270.80 423680 05/26/2022 PETERBILT STORE SOUTH FLORIDA LLC 1,210.31 423681 05/26/2022 PETERBILT STORE SOUTH FLORIDA LLC 202.80 423682 05/26/2022 A TEAM OF THE TREASURE COAST INC 860.00 423683 05/26/2022 CER SIGNATURE CLEANING LLC 750.00 423684 05/26/2022 HOSANNA RESTORATION & CLEANrIING LLC 11,018.24 423685 05/26/2022 MICHAEL MILLER 1,459.00 423686 05/26/2022 JBM PROPERTY MANAGEMENT LLC 1,400.00 423687 05/26/2022 RS REALTY ADVISORS LLC 2,810.00 423688 05/26/2022 TROPIC OIL COMPANY LLC 481.91 423689 05/26/2022 SCOTT B MCKINLEY 140.00 423690 05/26/2022 STEVEN GIORDANO 2,600.00 423691 05/26/2022 SHAMROCK ENVIRONMENTAL CORPORATION 12,592.86 423692 05/26/2022 GOMEZ BROTHERS CONTRACT SERVICES 180.00 423693 05/26/2022 STRATEGIC GOVERNMENT RESOURCES INC 1,793.00 423694 05/26/2022 SONIA SUSAN SOSA 993.00 423695 05/26/2022 ULTIMATE PROPERTIES & LOGISTICS LLC 5,456.00 423696 05/26/2022 SHRIEVE CHEMICAL CO LLC 14,458.18 423697 05/26/2022 BTAC HOLDING CORP 6,551.47 423698 05/26/2022 TK ELEVATOR CORPORATION 8,472.00 423699 05/26/2022 PB PARENT HOLDCO LP 600.00 423700 05/26/2022 PAUL DUFRESNE 6,500.00 423701 05/26/2022 CUBIC ITS INC 9,266.00 423702 05/26/2022 ALEX RICHARDSON 125.00 423703 05/26/2022 OUTLAW MARITIME LLC 34,100.00 423704 05/26/2022 SEVEN ISLES CAPITAL 81.00 423705 05/26/2022 OSCAR ALVARADO 709.00 423706 05/26/2022 OSCEOLA PHARMACY 231.95 423707 05/26/2022 JO-KELL INC 1,548.08 423708 05/26/2022 UNITED FILTERS INTERNATIONAL 188.90 56 TRANS NBR DATE 423709 05/26/2022 423710 05/26/2022 423711 05/26/2022 Grand Total: VENDOR KAREN CHENNELL JT VERO PROPERTIES LLC LAGARVIN RICHARDSON AMOUNT 2,243.00 3,031.00 100.00 2,323,091.99 57 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1019586 05/20/2022 WASTE MANAGEMENT INC OF FLORIDA 4,941.43 1019587 05/26/2022 PARKS RENTAL & SALES INC 170.75 1019588 05/26/2022 RING POWER CORPORATION 2,047.99 1019589 05/26/2022 AMERICAN CONCRETE INDUSTRIES INC 4,980.00 1019590 05/26/2022 MIKES GARAGE & WRECKER SERVICE INC 165.00 1019591 05/26/2022 IRRIGATION CONSULTANTS UNLIMITED INC 10.76 1019592 05/26/2022 WORLD INDUSTRIAL EQUIPMENT INC 1,658.99 1019593 05/26/2022 GROVE WELDERS INC 102.09 1019594 05/26/2022 SOUTHERN COMPUTER WAREHOUSE INC 2,735.82 1019595 05/26/2022 RECHTIEN INTERNATIONAL TRUCKS 141.08 1019596 05/26/2022 AUTO PARTNERS LLC 7,436.93 1019597 05/26/2022 L&L DISTRIBUTORS 133.24 1019598 05/26/2022 STAT MEDICAL DISPOSAL INC 450.00 1019599 05/26/2022 HYDRA SERVICE (S) INC 53,568.00 1019600 05/26/2022 RADWELL INTERNATIONAL INC 356.27 1019601 05/26/2022 NEXAIR LLC 150.21 1019602 05/26/2022 EFE INC 644.74 1019603 05/26/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 73.67 1019604 05/26/2022 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 149.42 1019605 05/26/2022 FIRST HOSPITAL LABORATORIES INC 286.00 1019606 05/26/2022 AT&T CORP 198.00 1019607 05/26/2022 AT&T CORP 5,453.07 1019608 05/26/2022 OFFICE DEPOT INC 3,032.18 1019609 05/26/2022 COMCAST 743.75 1019610 05/26/2022 WASTE MANAGEMENT INC OF FLORIDA 17,204.70 Grand Total: 106,834.09 58 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE 9585 05/23/2022 9586 05/24/2022 9587 05/24/2022 9588 05/26/2022 9589 05/26/2022 9590 05/26/2022 Grand Total: VENDOR BENEFLEX INC RX BENEFITS INC ELITE TITLE OF THE TREASURE COAST INC KIMLEY HORN & ASSOC INC TOWN OF INDIAN RIVER SHORES APTIM CORP AMOUNT 822.50 224,853.24 34,423.00 59,501.60 8,097.29 66,012.81 393,710.44 59 �1tivf it �3 4�.I INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: May 25, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Beth Powell, Director Parks & Recreation Subject: Approval of a License Agreement with Vero Beach Foundation Indians Football and Cheer Corporation (a Florida Not For Profit Corporation) to provide Youth Tackle Football and Cheerleading Programming and Enrichment Programs at the Victor Hart Sr. Community Enhancement Complex located at 4715 43rd Avenue Vero Beach, FL. DESCRIPTION AND CONDITIONS The Vero Beach Foundation Indians Football and Cheer Corporation (Foundation) utilizes the football field facilities at the Victor Hart Sr. Community Enhancement Complex (VHSCEC) for recreational programming to foster amateur sports competition with an opportunity to learn and grow in youth sports, and to be a part of a team and learn good sportsmanship. The attached Facility License Agreement (Agreement) memorializes the terms under which the County has and will provide and maintain the facilities for the benefit of the community's youth. This Agreement was initially approved by the Board on August 13, 2019, under the then named Vero Beach Foundation Gators Football and Cheer Corporation. On February 26, 2021, the Foundation formally changed their name with the State of Florida, Division of Corporations, to reflect the change from Gators to Indians. During the last three years, the Foundation experienced many obstacles to programming due to COVID-19. In this new agreement, the Foundation will continue to work to become more self-sufficient and strive to make contributions toward the maintenance, utilities, and capital improvements consistent with other public-private partnerships established between the County and other agencies for sports and recreational programming. The proposed license calls for a fee of $1 per year. There will be an initial term of 5 years with one consecutive 5 -year renewal option. The County shall have the right to terminate this Agreement without cause and thereby end any and all obligations created by this Agreement subject to sixty (60) days' notice to the League. The Agreement requires that the County be named as additional insured on the Foundation's insurance policy which has been received, reviewed, and approved by the County's Risk Manager. The Certificate of Liability Insurance, along with the Foundation's Articles of Incorporation, and IRS 501(c)(3) designation are on file and available for review at the Recreation Program Manager's office. Me FUNDING This Agreement does not require an increase in the current funding allocation for the maintenance and operation of the recreation fields at Victor Hart Sr. Community Enhancement Complex. The continuation of this Agreement is subject to annual funding and appropriations by the Board of County Commissioners. RECOMMENDATION Staff recommends the Indian River County Board of County Commissioners accept the Facility License Agreement with Vero Beach Foundation Indians Football and Cheer Corporation, and authorize the Chairman to execute the agreement after review by the County Attorney for legal sufficiency. ATTACHMENT Facility License Agreement — Indian River County Board of County Commissioners and Vero Beach Indians Football and Cheer Corporation Calvin Moment, Vero Beach Indians Football and Cheer Corporation Approved Agenda Item for June 7, 2022 61 Facilitv License Agreement THIS AGREEMENT FOR USE OF FACILITIES ("Agreement") is made and entered into this day of , 2022, by and between the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ("County"), and the Vero Beach Foundation Indians Football and Cheer Corporation, a Florida not for profit corporation ("Foundation"). Witnesseth That: WHEREAS, the County is the owner of a 39 -acre parcel of land commonly known as the Victor Hart Sr. Community Enhancement Complex ("VHSCEC"), located at 4715 43rd Avenue, Vero Beach, Florida; and WHEREAS, VHSCEC consists of two baseball fields (the Jackie Robinson Field and the Ralph Jay Lundy Senior Field), a football field (Wilson -Chisholm), a basketball court, a children's park with play equipment, restroom facilities, tennis wall and courts, covered pavilions and a fitness trail, fencing, parking, concession activities stand, press boxes and announcers' booths; and WHEREAS, the Foundation is a 501(c)(3) non-profit corporation organized under the laws of Florida. The Foundation is formed to develop, promote and foster sports talent for individuals by organizing local youth football and cheerleading; and WHEREAS, the Foundation has a present need to use Wilson -Chisholm Field and the restrooms (together hereinafter the "Premises") for their home game field to facilitate their football program; and WHEREAS, the County believes that granting a license for the use of Premises to the Foundation for five (5) years would be in the public interest by providing a valuable amenity for the recreational enjoyment of football enthusiasts in the Gifford Community as well as in Indian River County; and WHEREAS, the County and the Foundation understand that the initial obligations set forth in this Agreement reflect the current nature of the Foundation's limited financial capabilities and that both parties intend that these obligations and responsibilities will be reevaluated over time, NOW, THEREFORE, for in consideration of the license for the Premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: Section I — Adoption of "Whereas" Clauses. 1.01 Incorporation of Recitals: The above recitals are true and correct and are incorporated herein. 62 Section 2 — The License Agreement 2.01 Duration: The County shall permit the use of the Premises to the Foundation for the term of five (5) years at the rate of one dollar ($1.00) a year. The Agreement shall begin the day approved by the Board of County Commissioners and end five (5) years thereafter with an option to renew once for another five (5) years upon mutual agreement of both parties. If the County and the Foundation agree to extend the Agreement, the Foundation's obligations will be reevaluated by the County and the Foundation. 2.02 Contact Persons: The initial contact person for the Foundation shall be the Foundation's President, Calvin Moment, whose address is 8526 105d' Ave, Vero Beach, Florida, 32967 (hereinafter "Foundation's Representative"). The contact person for the County shall be the County's Recreation Program Manager, whose address is the iG Intergenerational Center located at 1590 9`h Street SW, Vero Beach, Florida 32962(hereinafter "Manager"). Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Foundation's Representative and the Manager for attempted resolution. The Foundation's Representative and the Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. The Foundation and the County will provide updated contact information, if necessary, to the other party on or before the annual anniversary date of this Agreement. Section 3 — The Premises 3.01 The Premises: The Premises are located in an area commonly known as the Wilson/Chisholm Football Fields located within the VHSCEC. The Agreement does not include any other areas of VHSCEC with the exception of limited use of Lundy Field as set forth in Section 5. 3.02 Foundation's Use of The Premises: The Premises shall be used by the Foundation for the purpose of developing, promoting, and fostering sports talent by organizing local and statewide youth, football competitions as well as cheerleading competitions. This includes the Foundation's Board of Directors meetings, player registration, concession stand activities, football games, and practices. Concession stand activities as used herein shall only include the sale of regularly distributed non-alcoholic beverages and snacks. Any license for the operation of concessions shall be the responsibility of the Foundation. The Foundation may also conduct fundraising activities on the Premises subject to notifying the Manager thirty (30) calendar days in advance of the activity. The Foundation shall obtain any and all necessary licenses, approvals, or permits required for any use of the Premises. No other use is authorized without the written approval of the Manager. 3.03 Required Documentation to Use the Premises: The Foundation shall provide the Manager with the following information within five (5) days of signing this Agreement, and no later than May 15th of each subsequent year, unless otherwise provided in this Agreement: a) Names and contact information for the Foundation Board of Directors as well as the name and contact information for the Foundation's Representative pursuant to Section 2.02; 2 63 b) Confirmation of continued active status as a non-profit organization in the State of Florida; c) Proof of insurance identified in Section 12 of this Agreement; d) A sworn, notarized statement regarding background screening of coaches and assistant coaches per subsection 6.04 of this Agreement; and e) A schedule of Foundation events, including fundraising activities, practices, and games for purposes of scheduling maintenance of the fields by July 1 st of each year. Changes to the schedule shall be submitted to the Manager at least 72 hours in advance. Section 4 — The Wilson -Chisholm Field 4.01 Exclusive Use of the Wilson -Chisholm Field: The County grants unto the Foundation the exclusive right to use on a year-round basis for purposes of conducting Foundation practices and games. The Foundation shall deliver to the County a list of its scheduled games in accordance with subsection 3.03. Subject to availability and without causing undue interference with regular activities and events previously scheduled by the Foundation, the County reserves the right to utilize the Wilson -Chisholm Field for games or special events at no charge to the County. The County agrees to provide a two (2) week notice to the Foundation of the time and date it intends on using the Wilson -Chisholm Field. 4.02 Foundation's Control of the Wilson -Chisholm Field: The Foundation will have control over the Wilson -Chisholm Field during the season to conduct games, practices, and events. Control does not include denying the County access to the Wilson -Chisholm Field for inspection or otherwise. Both the Foundation and the County will have keys to unlock the gates and access the Wilson -Chisholm Field. Section 5 — The Lundy Field 5.01 Non -Exclusive Use and Control of the Lundy Field: The County grants unto the Foundation the non-exclusive right to use the Lundy Field from May 1St to November 1 st of any given year (hereinafter "Primary Season") subject to County approval upon request by the Foundation. The Foundation shall deliver to the County a list of its proposed practices in accordance with subsection 3.03. At any time, the Lundy Field is not being used by the Foundation, it may be used by another sports group for compatible use (football, baseball, etc.). Both the Foundation and the County will have keys to unlock the gates and access the Lundy Field. Section 6 — The Foundation's Initial Obligations and Responsibilities 6.01 General Obligations: The Foundation agrees to: a) Not charge admission to any game or event under this Agreement; b) Not sell, give, permit or otherwise distribute any alcoholic beverages or tobacco products on the Premises or at VHSCEC; c) Use the Premises solely for the purpose of providing youth football and cheerleading activities; d) Leave the Premises free of litter, personal items, materials, and equipment at the end of each day; e) Provide in-kind services as delineated in subsection 6.02; 3 f) Maintain and replace, at the Foundation's expense and without obligation or liability to the County, all items or equipment belonging to the Foundation that is on the Premises; g) Take great care to ensure that Wilson -Chisholm Field is kept in its current condition by rotating practices and drill areas and following field use best management practices and guidance from the County; h) Remove all items from the playing surface, excluding bleachers and player benches, after all, practices and games to ensure proper maintenance; i) Once the Primary Season is complete, the Foundation will remove any perishable items from and clean the Lundy Field concession stand, and the restroom storage chase; j) As part of this License, the County will convey 263 Shoulder Pads which will become the sole property and responsibility of the Foundation. The County will not be responsible for replacing this equipment during or after it has reached the end of its life cycle and the Foundation is responsible for the proper disposal of such property. k) Submit to the County a Severe Weather Policy for suspending games and/or practices in the event of severe weather occurrences. 6.02 In -Kind Services: In lieu of payment of the annual maintenance costs to the County, the Foundation agrees to initially provide at a minimum the following in-kind services: a) Paint field lines as needed. The color shall be approved by the County's Recreation Program Manager and be consistent with the County's recreation fields; b) Maintain the scoreboard system including, but not limited to, the wireless control. Foundation shall be responsible for replacement of scoreboard controller if lost, stolen, damaged, or misplaced; c) Maintain the designated containers for trash; d) Place daily litter and trash located on the Premises, including the field, the bleachers, the parking area(s), the restrooms, the concession activity stands, and the common areas, into the designated containers so that the trash and litter can be properly disposed of, e) Clean and sanitize restrooms, including but not limited to keeping the restrooms stocked with toilet paper, soap, and hand towels that the County will provide to the Foundation. 6.03 Licenses, Permits, and Fees: The Foundation shall be responsible for any and all licenses, permits, and fees related to the operation of their programs at the Premises. As such, the Foundation shall be responsible for obtaining any license or permits required for the operation of concessions or for placing signs at the Premises. The Foundation shall comply with County's Temporary Sign permit process(hgps://ircgov.com/communitydevelopment/Applications/ Special Event Si TempoLM Event.pdf) and shall coordinate any permanent sign installation with the County's Recreation Program Manager. 6.04 Background Screening: The Foundation is required to run a background screen on its coaches and assistant coaches, consistent with the requirements set forth in Section 943.0438, Florida Statutes, for sexual offenders and sexual predators. If the Foundation wishes to add to the list of coaches or assistant coaches, it must first conduct a background screening and submit the name(s) to the Manager within five days of the approval of the background screening. 6.05 Thor Guard Lightening Operational System: The County maintains a Thor Guard Lightening Operating System for VHSCEC. The Foundation is responsible for ensuring that league 4 65 participants and spectators abide by the Thor Guard Lightning Warning Safety Tips posted on the Premises signs in the event the alarm is activated. The Foundation will submit its Severe Weather Policy to the County by July 1St of each year to the Manager as delineated in subsection 6.01. 6.06 Non-discrimination: The Foundation shall operate the Premises in a non-discriminatory manner complying with all local, state, and federal laws, rules, or regulations. 6.07 Improvements: The Foundation shall not make or allow to be made any alterations, additions, or improvements (hereinafter "Improvements") without obtaining the prior written approval of the County, which consent shall not be unreasonably withheld, delayed, or conditioned. The Foundation shall deliver to the County a copy of the construction plans and specifications for all Improvements, if applicable, which the Foundation proposes to make in or to the Premises. The Foundation agrees that all approved work shall be done in a good and workmanlike manner. The Foundation shall obtain, at the Foundation's expense, all necessary permits and approvals from governmental authorities for the commencement and completion of any such Improvements and shall furnish evidence of such approval to the County prior to the commencement of construction or installation of any such Improvements. All Improvements shall be constructed in accordance with all applicable building codes, laws, and regulations. All of Foundation's Improvements shall be deemed to be a part of the Premises, and the Foundation shall be obligated to maintain and repair the same. All Improvements in or to the Premises shall, when made, become the property of the County and shall be surrendered to the County upon termination of this Agreement. Section 7 — The County's Obligations and Responsibilities 7.01 The County's Obligations: Based on available staff and budget limitations, the County agrees to: a) Maintain Wilson -Chisholm Field with turf maintenance services; b) Do initial lining for the first game set forth in the Foundation's schedule; c) Provide field lighting for the Premises including all costs associated with maintenance of the equipment and bulb replacement; d) Pay for utilities including water, sewer, electric; e) Maintenance and operation of the Thor Guard Lightening Operating System. Section 8 — Emergency County Use 8.01 Emergency County se: In an emergency declared by the appropriate authorities under Chapter 252, Florida Statutes, the County reserves the right to use the Premises as a part of its emergency response and recovery operation as long as reasonably necessary in the County's opinion. In such an event, the County shall restore the Premises at the County's expense to the same condition as prior to the County's use. For said restoration, time will be of the essence. Section 9 — Rights to Assign 9.01 Assignment: Neither the County nor the Foundation shall have the right to assign any or all of its rights and interests under this Agreement to any successor in business or parent company without prior written consent of both parties. 5 Section 10 — Indemnification 10.01 Hold Harmless: The Foundation shall defend, indemnify and hold the County harmless from any and all claims for damages arising out of this Agreement, except for those claims arising out of the County's own negligence. This includes, without limitation, 'attorneys' fees, on account of injury or damage to persons, firms or corporations or to property directly or indirectly arising out of or relating to this agreement, the performance or breach thereof, or the use or occupancy of the Premises, the parking lot area or other areas of the Premises by the Foundation. In the event the Foundation shall fail to defend any such action on behalf of the County to the satisfaction of the County, the County may, but shall not be obligated to, defend the same by counsel of its choice, the cost of which defense to be borne exclusively by the Foundation. Nothing in this agreement shall be construed to affect in any way the County's rights, privileges, and immunities, including sovereign immunity as provided by Florida law. Section 11— Liability 11.01 Liability for Damage or Injury: The County shall not be responsible for any loss, damage, or injury which may be sustained by any party or persons at the Premises other than the damage or injury caused solely by the negligence of the County. 11.02 The Foundation is an Independent Operator: The Foundation is and shall be at all times, an independent operator that is responsible to all parties for all of its acts or omissions. 11.03 FYFL Charter Rules: The Foundation shall operate consistent with Charter Rules except as otherwise provided in this Agreement. Section 12 — Insurance 12.01 Insurance: The Foundation shall procure and maintain comprehensive general liability insurance throughout the term of this Agreement providing for a minimum of $1,000,000 per occurrence. If the Foundation participates in Away Games, it shall also procure and maintain automobile insurance throughout the term of this Agreement, providing for a minimum $1,000,000 combined single limit, to include molestation coverage. The insurance policies shall be written and with a company that is acceptable to the County's Risk Management Division (must have at least an A- VII rating with A.M. Best). The name of the insured on both policies must be the Foundation, and the County must be named as an additional insured. Within five (5) days of the execution of this Agreement, the Foundation shall provide the County with both certificates of insurance showing the additionally insured and specifying the deductible of the referenced policies. Updated certificates of insurance must be delivered to the County no later than July 1 st of each following year. The certificates shall provide for thirty (30) days prior written notice from the insurer to the County of any cancellation or amendment to the said insurance policies. In the event the Foundation fails to deliver the referenced certificates to the County in the above -stated manner, the County may immediately cancel this Agreement or, but shall not be obligated to, procure the required policies. 0 67 Section 13 — Termination and Breach of the Agreement 13.01 Termination: The County shall have the right to terminate this Agreement without cause and thereby end any and all obligations created by this Agreement subject to sixty (60) days' notice to the Foundation. 13.02 Breach of the Agreement: It is a breach of this Agreement if the Foundation fails to maintain the required insurance pursuant to Section 12, and the County may automatically terminate this Agreement. With the exception of Section 12, if the Foundation defaults in performing any of its obligations or breaches any of the material terms of this Agreement, the County will serve written notice on the Foundation and give it thirty (30) calendar days to cure the default or breach. If the Foundation does not cure the default or breach within the thirty (30) day time period, the County may immediately terminate this Agreement. 13.03 Mediation: In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Indian River County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential, and the results of the mediation or any testimony or argument introduced at the mediation shall be admissible as evidence in any subsequent proceeding concerning the disputed issue. Section 14 — Notice 14.01 Notice: Wherever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to or on the other, such notice or demand shall not be deemed to have been duly given or served unless in writing and either personally delivered or forwarded by registered or certified mail, postage prepaid, to the respective addresses hereinafter set forth. To County: Recreation Program Manager 1590 9" St S.W. Vero Beach, Florida 32962 With Copy To: Indian River County Attorney 1801 27th Street Vero Beach, Florida 32960 To Foundation: Calvin Moment, President Vero Beach Foundation Indians Football and Cheer Corporation 8526 105'h Ave Vero Beach, FL 32967 7 Section 15 — Governing Law 15.01 Rules and Regulations: The Foundation will observe, obey and comply with all rules and regulations of both its Florida Youth Football League charter and those adopted by the County and all laws, ordinances, and regulations of other governmental units and agencies having lawful jurisdiction. 15.02 Venue: Venue for any lawsuit shall be in Indian River County, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. In Witness Whereof, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of this day of , 2022. VERO BEACH FOUNDATION INDIANS FOOTBALL AND CHEER CORPORATION Im Authorized Representative Print Name: Date: Approved as to form and legal sufficiency: Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA n -M Peter D. O'Bryan, Chairman Date Approved: Jason E. Brown, County Administrator ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller IM Deputy Clerk 8 69 CONSENT: 6/7/2022 T k Office of TM INDIAN RIVER COUNTY Z. z. ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold- County Attorney DATE: May 23, 2022 SUBJECT: Resolution Cancelling Taxes — Christine Ford Resolution has been prepared for the purpose of earmarking the public use of the following property and cancelling any delinquent, omitted or current taxes which may exist on the property purchased by Indian River County: Public Purpose: 66th Avenue Right of Way purposes Location/Description: West side of 66th Avenue between 77th Street and 81' Street Purchased from: Christine L. Ford a/k/a Christine E. Ford Instrument: Warranty Deed recorded in Book 3530, Page 779, Public Records of Indian River County, Florida Public Purpose: Old Dixie Highway Right -of -Way Location/Description: 980 Old Dixie Highway SW Purchased from: Samuel F. Gagliano Trust, dated the 17th day of March, 2021 Instrument: Right -of -Way Deed FUNDING: There is no cost associated with this item. Board of County Commissioners 70 May 23, 2022 Page 2 RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolutions to cancel certain taxes upon the properties purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolutions to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. ATTACHMENT: Resolutions cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 71 purchased from Christine L. Ford a/k/a Christine E. Ford public purpose: 66th Avenue right-of-way tax parcel portion of #31-39-31-00000-7000-00010.0, RESOLUTION NO. 2022- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 72 RESOLUTION NO. 2022 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Christine L. Ford a/k/a Christine E. Ford, for 66th Avenue right of way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Special Warranty Deed describing lands, recorded in O.R. Book 3530, Page 779 of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Peter D. O'Bryan Commissioner Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of June, 2022. 2 73 RESOLUTION NO. 2022 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Z ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller as Deputy Clerk Peter D. O'Bryan, Chairman Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney 3 74 Purchased from Samuel F. Gagliano, as Trustee of the Samuel F. Gagliano Trust dated the 17th day of March, 2021 Public purpose: Old Dixie Highway Right -of -Way Part of tax parcels: 33403000000300000012.0 RESOLUTION NO. 2022- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 1 75 RESOLUTION NO. 2022 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Samuel F. Gagliano, as Trustee of the Samuel F. Gagliano Trust dated the 17th day of March, 2021, for Old Dixie Highway right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Right -of -Way Deed describing lands, recorded in O.R. Book 3527, Page 1549 of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner the motion was seconded by Commissioner vote, the vote was as follows: Commissioner Peter D. O'Bryan Commissioner Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss , and , and, upon being put to a The Chairman thereupon declared the resolution duly passed and adopted this day of June, 2022. 2 76 RESOLUTION NO. 2022 - ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller in Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $0.00 Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney Peter D. O'Bryan, Chairman 77 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Consent Agenda - B. CC 6.7.22 Ofc of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: June 1, 2022 SUBJECT: On -Airport Lease and Aircraft Rescue and Firefighting (ARFF) Agreement BACKGROUND. On April 5, 2022, the Indian River County Board of County Commissioners ("Board") approved the On - Airport Lease and Aircraft Rescue and Firefighting (ARFF) Agreement (collectively, the "Agreements") with the City of Vero Beach. After the approval, City staff and Emergency Services District staff agreed that it would be best to have the Agreements retroactive to October 1, 2021. This will actually result in a greater increase in the payment to the Emergency Services District for ARFF services than the increase in lease payments owed to the City of Vero Beach. In order to memorialize the retroactive application of the Agreements, County staff recommends the Board approve the revised Agreements, which reflect a date of October 1, 2021. Otherwise all other terms of the Agreements remain unchanged. FUNDING. The City payment for ARFF funding will increase retroactively back to October 1, 2021, which represents a difference of $2,552.50 per month or an increase of $22,972.50 through June 2022. The lease payment to the City during that same time period will go unchanged. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the revised On -Airport Lease and Aircraft Rescue and Firefighting (ARFF) Agreement retroactive to October 1, 2021. ATTACHMENTS. Agreement to Provide Aircraft Rescue and Firefighting Services, without Exhibits On Airport Land Lease, without Exhibits Memorandum of Land Lease Agreement, without Exhibits C. ICranicasllegismr5lL5lTempl&2)'8c61-87di-446c-9,36-dbdca76b360d.dx 78 AGREEMENT TO PROVIDE AIRCRAFT RESCUE AND FIREFIGHTING SERVICES BETWEEN THE CITY OF VERO BEACH, FLORIDA AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT Page 1 of 15 79 Contents AGREEMENT TO PROVIDE.............................................. 1 AIRCRAFT RESCUE AND FIREFIGHTING SERVICES ........................... 1 ARTICLE .......................................................... 4 PURPOSE........................................................... 4 ARTICLE 2.......................................................... 4 TERM; OPTION TO RENEW............................................ 4 ARTICLE3.......................................................... 5 PAYMENT; PAYMENT ADJUSTMENTS.................................... 5 ARTICLE 4.......................................................... 6 ARFF VEHICLES; MINIMUM OBLIGATIONS AND RESPONSIBILITIES ........... 6 ARTICLE.......................................................... 8 ARFF PERSONNEL AND TRAINING ...................................... 8 ARTICLE.......................................................... 9 AMENDMENTS TO AGREEMENT........................................ 9 ARTICLE 7......................................................... 10 ATTORNEY'S FEES AND COSTS........................................ 10 ARTICLE ......................................................... 10 NOTICE........................................................... 10 ARTICLE10........................................................ 12 INDEMNIFICATION.................................................. 12 ARTICLEII........................................................ 12 DISCLAIMER OF THIRD PARTY BENEFICIARIES .......................... 12 ARTICLE 12 ........................................................ 12 MISCELLANEOUS PROVISIONS........................................ 12 DISTRICT — INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT ........ 14 CITY — CITY OF VERO BEACH......................................... 15 ADMINISTRATIVE REVIEW........................................... 15 Page 2 of 15 80 AGREEMENT TO PROVIDE AIRCRAFT RESCUE AND FIREFIGHTING SERVICES BETWEEN THE CITY OF VERO BEACH AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT THIS AGREEMENT TO PROVIDE AIRCRAFT RESCUE AND FIREFIGHTING SERVICES ("Agreement"), is made and entered into as of the 1" day of October 2021, by and between THE CITY OF VERO BEACH, a municipal corporation organized and existing under the laws of the state of Florida, whose mailing address is 1053 20th Place, P.O. Box 1389, Vero Beach, FL 32961-1389 ("City") and THE INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, organized under the laws of the state of Florida, whose mailing address is 1801 27th Street, Vero Beach, FL 32960 ("District"). City and District may also be referred to herein individually as a "party" or collectively as the "parties." WHEREAS, the Vero Beach Regional Airport ("Airport") is owned by the City, and the City is vested with the power to operate the Airport, to lease premises and facilities on the Airport, and to grant related rights and privileges; and, WHEREAS, in complying with the requirements of 14 CFR Part 139, the Airport must meet certain provisions regarding Aircraft Rescue and Firefighting ("ARFF") services to retain its federal certification and to remain eligible for Federal Airport Improvement Funds; and, WHEREAS, the City previously entered into an "Agreement to Provide Fire Services" executed on July 19th, 1989, wherein the South Indian River County Fire District (now Indian River County Emergency Services District) and City agreed that the District would provide ARFF services to the Airport; and, WHEREAS, the District leases property at the Airport to provide ARFF protection at the Airport, Page 3 of 15 81 which provides valuable consideration for this Agreement; and, WHEREAS, the District has the equipment and capability to provide ARFF services, utilizing its leasehold on Airport property; and, WHEREAS, Agreement shall enable each respective local governmental unit to cooperate and to provide services and facilities in a manner that protects the health, safety, and welfare of its citizens. NOW, THEREFORE, City and District, for the consideration hereinafter named, agree as follows: ARTICLE 1 PURPOSE The parties agree that the above recitals are true and correct by this reference incorporated herein and made part thereof. ARTICLE 2 TERM; OPTION TO RENEW Section 2.1. Term. The Term of this Agreement shall be for a period of thirty (30) years from the Effective Date, commencing on October 1, 2021, and terminating on Sentember 30, 2051, ("hereinafter Term") Section 2.2. Option To Renew. Provided that this Agreement and any related agreement between the parties are in full force and effect, and neither party is in default or breach, the parties shall have the option to renew this Agreement for two 2 additional terms of ten (10) years per term. Such option(s) may only be exercised by signed, written agreement by the parties, and may only be exercised on the condition that District continues to provide ARFF services to City in accordance with a valid agreement, if City so requires. Page 4of15 82 ARTICLE 3 PAYMENT; PAYMENT ADJUSTMENTS Section 3.1. Payment. City shall pay District according to the following schedule: (1) Year One. Beginning with the effective date of this Agreement, City shall pay to District, as compensation for the services set forth herein, the sum of $168,950.40 for the year, payable in equal monthly installments of $14,079.20 per month for twelve (12) months. (2) Year Two. After the first year, City shall agree to pay to District the sum of $199,583.76 for the year of services, payable in equal monthly installments of $16,631.98 per month for twelve (12) months. (3) Year Three. After the second year, City shall agree to pay District the sum of $230,217.24 for the year, payable in equal monthly installments of $19,184.77 per month for twelve (12) months. (4) Year Four. After the third year, City shall pay to District the sum of $260,850.60 for the year, payable in equal monthly installments of $21,737.55 per month for twelve (12) months. (5) Year Five. After the fourth year, City shall agree to pay District the sum of $291,483.96 for the year, payable in equal monthly installments of $24,290.33 per month for twelve (12) months. (6) Years Six to Thirty: All future monthly payments will be agreed upon in advance by both parties by an Amendment to the Agreement consistent with Section 3.2 below: Section 3.2. Payment Adjustment. Beginning on October 1, 2026, and annually on each October 1St thereafter, including any renewal Term, City shall pay District an amount agreed upon by both parties. District shall submit to the City no later than May 1, 2026, and annually on each May 1St thereafter its proposal for any increases Page 5 of 15 83 in the annual payment amount, which must be directly related to providing ARFF services under this Agreement. Any proposed increase is limited to a maximum of fifteen percent (15%) of the prior year's total annual amount. Proposed increases shall be effective only upon the execution of an addendum to the Agreement that is signed by both parties. In the event the parties are unable to agree upon a proposed increase, City agrees to pay District the amount paid for the previous year. ARTICLE 4 ARFF VEHICLES; MINIMUM OBLIGATIONS AND RESPONSIBILITIES The District shall provide the City, and the City shall accept from the District, certified firefighting personnel as necessary to meet the requirements of Federal Aviation Regulations, Part 139 as provided herein, at the Airport: Section 4.1. ARFF Vehicles. (a) PURCHASING/OWNERSHIP: The vehicles dedicated to ARFF duties, hereinafter "Vehicles," shall be purchased by City and shall be provided to District for the purpose of complying with the Terms of this Agreement. Title to and ownership of Vehicles shall remain with City. Fuel for Vehicle shall be purchased by City. Unless expressly directed in writing by the Airport Director, or designee, Vehicles' sole purpose shall be the performance of ARFF services at the Airport. Vehicles may also be used for periodic ARFF training, and equipment testing and servicing. The City, in consultation with the District, will determine when replacement Vehicles or additional Vehicles are needed, and will coordinate to determine the type of Vehicles and associated equipment to be purchased. In the event of the temporary unavailability of any Vehicles, the City shall be responsible for ensuring that a temporary replacement Vehicle is available. In the event that that there is a change in ARFF Index under Part 139 as determined by the City, the City shall be responsible for any additional Page 6 of 15 84 necessary training costs required by such change. (b) INSURANCE: Commercial Auto Insurance: District shall maintain commercial auto insurance for replacement value and automobile liability insurance for the Vehicle(s). The liability insurance shall be a combined single limit of $3,000,000. (c) MAINTENANCE: District shall, at all times, ensure the operational condition of ARFF Vehicles through regular functionality checks and inspections. Maintenance/repair of the chassis/drive train/engine and pump components shall be the responsibility of the City and shall be coordinated through the City's Central Garage. (d) LIFE SAFETY: The maintenance and repair of Life Safety components and systems shall be the responsibility of District. In the event that repair and/or replacement of a Life Safety component is necessary, District shall follow the purchasing procedures of Indian River County. District shall then complete the purchase/repair, including payments of the vendor(s), and District may then request reimbursement from the City. All reimbursement requests must include proof of vendor payment and any backup documents required by City to ensure compliance with purchasing procedures and state and local law. Section 4.2. Minimum Obligations and Responsibilities. (a) ARFF RESPONSE: On a twenty-four (24) hour daily basis, District shall keep and maintain at least one (1) ARFF-trained firefighter at Fire Station No. 3 located at the Airport , to be prepared and assigned the sole duty of responding to Airport accidents and incidents as necessary, with the Vehicle(s). (b) EQUIPMENT: District shall, at all times, maintain and keep in operable condition at the Airport fire station, a Vehicle equipped to meet the applicable provisions of 14 CFR Part 139. The Vehicle's sole purpose shall be to respond only to ARFF duties at the Airport. The Vehicle shall respond Page 7 of 15 85 only to such emergencies unless authorized by the Airport Director or City Manager. The City agrees to provide all necessary communications equipment for all ARFF vehicles and the personnel assigned to these vehicles for continuous communications with all responding agencies on the Harris 800Mhz system. (c) FUELING AGENT INSPECTIONS: District shall ensure that ARFF personnel conduct fire safety fueling inspections at the physical facilities of each airport fueling agent, as defined by the Airport Certification Manual, and in accordance with the provisions of FAR 139.321. (d) SPILLAGE; HAZARDOUS MATERIALS: District shall ensure that ARFF personnel supervises and directs all activities relating to accidents involving the spillage or possible release of fuel, oil, and other hazardous materials, which may occur at the Airport, in accordance with all applicable laws and professional standards. ARTICLE 5 ARFF PERSONNEL AND TRAINING (a) REOUIREMENTS: The District shall ensure that all firefighters assigned to ARFF services at the Airport shall be trained, by District, in accordance with the applicable provisions of Part 139, the Federal Regulations governing Airport certification as they now exist or may hereafter be amended, or to an alternate level of training and proficiency as agreed upon by both parties in the event that Part 139 no longer applies. District shall provide ARFF services to Airport in accordance with 14 CFR Part 139, or to an alternate level of training and proficiency as agreed upon by both parties in the event that Part 139 no longer applies, or to the training requirements necessary for any change in ARFF index as determined by the FAA, Airport, or the City. In the event that Part 139 no longer applies, but ARFF services are still required, the City shall be responsible for any training costs that exceed those required by Part 139. Page 8 of 15 86 The District shall comply with all initial and recurrent training and recordkeeping required under Part 139.303, Federal Regulations. The District shall keep and maintain all training records for each individual performing such duties, whether on a full or part-time basis, at all times during the term of this Agreement and for at least five (5) years subsequent to the termination of this Agreement, or as required by law. In the event that that there is a change in ARFF Index under Part 139 as determined by the City, the City shall be responsible for any additional necessary training costs required by such change. (b) COSTS: Except as specifically stated herein, costs incidental to District's performance of services under this Agreement, including, but not limited to, salaries, employee benefits, worker's compensation coverage, utilities, liability, personal injury insurance, and required firefighting personnel, (`Costs") shall be at District's sole expense. The cost of the annual "Live Burn" training shall be divided evenly between District and City. City shall solicit and contract for live -burn training providers, and shall pay the entire upfront cost of each "Live Burn" training session as required by Part 139. Upon receipt of the Invoice, District shall promptly reimburse City for half (50%) of the total amount paid by City. ARTICLE 6 AMENDMENTS TO AGREEMENT The parties hereto agree to attempt to informally resolve the issue of whether any adjustments or amendments to the Costs contained herein may be necessary, before taking any other action. The parties agree to amend this Agreement and to adjust the cost, if necessary, to comply with any future amendments to 14 CFR Part 139 or as may be necessary due to a reclassification of the Airport under that provision. The parties may amend this Agreement only by written agreement of the parties. Page 9 of 15 87 ARTICLE 7 ATTORNEY'S FEES AND COSTS In the event there arises between the parties any dispute or litigation regarding the terms and conditions of this Agreement, each party shall be responsible for its own attorney's fees and costs. ARTICLE 8 NOTICE Any notices that are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand -delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed: To DISTRICT: Indian River County Emergency Services District Attn: Chairman 1801 27�h Street Vero Beach, Florida 32960 To CITY: Vero Beach Regional Airport Attn: Airport Director 3400 Cherokee Drive P. O. Box 1389 Vero Beach, Florida 32961-1389 Either party may change these addresses by providing written notification to the other. ARTICLE 9 INSURANCE District must procure and maintain during the Term of this Agreement, at its own expense, for the protection of City and District, in form satisfactory to City: Section 9.1. General Liability Insurance. District shall maintain general liability insurance providing all risks coverage which protects the City, the City's elected officials, employees, officers, and agents, and District, from claims arising from Page 10 of 15 88 bodily injury, property damage, operations, fire and legal liability. Such insurance coverage shall have a combined single limit of not less than $3,000,000 per occurrence/$3,000,000 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. District's insurance shall be primary and any other insurance maintained by the City shall be in excess of and shall not contribute with District's insurance. Section 9.2. Worker's Compensation Insurance. District shall maintain worker's compensation insurance meeting mandatory statutory limits, and include: • $1,000,000 each accident • $1,000,000 bodily injury by disease each employee • $1,000,000 bodily injury by disease policy limit. Section 9.3. Pollution Liability Insurance. District shall maintain pollution liability insurance for sudden or gradual release of pollutants. Such coverage shall have a minimum limit of $1,000,000 per occurrence. Section 9.4. Additionally Insured. The City shall be named as an additional insured for liability insurance, and shall include provision of at least thirty (30) days' advance notice to City prior to any policy change, amendment, termination or expiration of coverage. District shall provide proof of the required insurance to the City before each term of coverage. District's insurance shall be primary and any other insurance maintained by the City shall be in excess of and shall not contribute with District's insurance. District shall be responsible for the payment of any applicable deductibles set out in the insurance. Page 11 of 15 89 ARTICLE 10 INDEMNIFICATION Only to the limits set forth in section 768.28, Florida Statutes, District agrees to indemnify and hold harmless City 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 District's services at the Airport pursuant to this Agreement, except with respect to any condition existing that is in City's sole control or arising from City's willful misconduct or gross negligence. Nothing in this Agreement or any other document shall be deemed to affect, limit, or waive any right, privilege, or immunity of the City or the District or the limited waiver of sovereign immunity set forth in section 768.28, Florida Statutes. ARTICLE 11 DISCLAIMER OF THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the parties and no right or cause of action shall accrue to or for the benefit of any third party that is not a formal party hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon or give any person or corporation other than the parties any right, remedy, or claim under or by reason of this Agreement or any provisions or conditions of it; and all of the provisions, covenants, and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto. ARTICLE 12 MISCELLANEOUS PROVISIONS (a) This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. (b) This Agreement and incorporated attachments sets forth all the promises, agreements, conditions, and understandings, either oral or written, between the parties. No subsequent alteration, amendment, change, or addition to this Agreement will be binding on either party unless in writing and Page 12 of 15 90 signed by the parties. (c) District shall not assign or transfer any part of this Agreement without prior written consent of City, which shall be in City's sole discretion. (d) The terms of this Agreement shall be binding on the respective successors, contractors, representatives, agents, and assigns of the parties. (e) No claim or right arising out of a breach of this Agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in a writing signed by the aggrieved party. SIGNATURE PAGES TO FOLLOW [Remainder of Page Intentionally Left Blank] Page 13 of 15 91 DISTRICT — INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT (This section to be completed by DISTRICT only) ATTEST: 0 Jeffrey R. Smith Clerk of Courts and Comptroller INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, By its Board of County Commissioners U60 Peter D. O' Bryan Chairman Approved by BOCC: Approved as to form and legal sufficiency: Approved: IM Dylan Reingold County Attorney [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER Jason E. Brown County Administrator The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2022, by PETER D. O'BRYAN, Chairman, of the Board of County Commissioners, on behalf of INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, who ❑ is personally known to me or ❑ has produced as identification. Seal: Sien: Notary Public, State of Florida at Large Print Name: Notary Commission No.: My Commission Expires: Page 14 of 15 92 CITY — CITY OF VERO BEACH (This section to be completed by CITY only) ATTEST: IM Tammy K. Bursick City Clerk [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH, a Florida Municipal corporation Robert Brackett Mayor Date: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2022, by ROBERT BRACKETT, the Mayor, and TAMMY K. BURSICK, the City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. Sign: Notary Public, State of Florida at Large Seal: Print Name: Notary Commission No.: My Commission Expires: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: Approved as conforming to municipal policy: John S. Turner City Attorney Approved as to financial requirements: Cynthia D. Lawson Finance Director Monte K. Falls, P.E. City Manager Approved as to technical requirements: J. Todd Scher Airport Director Page 15 of 15 M ON AIRPORT LAND LEASE BETWEEN THE CITY OF VERO BEACH, FLORIDA AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT Page 1 of 41 Contents RECITALS....................................................... 4 ARTICLE 1 ...................................................... 5 PURPOSE AND INTENT ............................................. 5 ARTICLE2 ...................................................... 5 PREMISES....................................................... 5 ARTICLE3 ...................................................... 6 TERM; OPTION TO RENEW .......................................... 6 ARTICLE 4 ...................................................... 6 RENT; SECURITY DEPOSIT; TAXES; RENT ADJUSTMENT ................. 6 ARTICLE5 ...................................................... 8 USE OF PREMISES ................................................ 8 ARTICLE 6 ..................................................... 10 ENVIRONMENT; CONSTRUCTION ..................................... 10 ARTICLE 7 ..................................................... 13 RIGHT OF ENTRY ................................................ 13 ARTICLE 8 ..................................................... 14 COMPLIANCE WITH LAWS, ORDINANCES, AND REGULATIONS ............. 14 ARTICLE 9 ..................................................... 14 RELEASE, INDEMNITY, AND HOLD HARMLESS ......................... 14 ARTICLE 10 .................................................... 15 INSURANCE REQUIREMENTS ........................................ 15 ARTICLE 11 .................................................... 20 CASUALTY...................................................... 20 ARTICLE 12 .................................................... 25 GENERAL PROVISIONS ............................................ 25 ARTICLE 13 .................................................... 29 ADDITIONAL FAA CLAUSES ........................................ 29 ARTICLE14 .................................................... 30 CONDEMNATION.................................................. 30 ARTICLE15 .................................................... 31 CIVIL RIGHTS AND TITLE VI ..................................... 31 ARTICLE16 .................................................... 36 DEFAULT; REMEDIES ............................................. 36 ARTICLE17 .................................................... 37 Page 2 of 41 95 HOLDOVER ...................................................... 37 ARTICLE 18 .................................................... 37 TERMINATION................................................... 37 ARTICLE 19 .................................................... 38 CONSTRUCTION OF LEASE ......................................... 38 LESSEE — INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT...... 40 LESSOR — CITY OF VERO BEACH ................................... 41 ADMINISTRATIVE REVIEW ....................................... 41 Page 3 of 41 wt INTER -GOVERNMENTAL LEASE AGREEMENT ON -AIRPORT LAND LEASE BETWEEN THE CITY OF VERO BEACH AND INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT THIS ON -AIRPORT LAND LEASE (hereinafter "LEASE") is made and entered into this 1st day of October, 2021, by and between THE CITY OF VERO BEACH, a municipal corporation organized and existing under the laws of the state of Florida, whose mailing address is 1053 20th Place, P.O. Box 1389, Vero Beach, Florida, 32961-1389 (hereinafter "CITY" or "LESSOR") and THE INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, organized and existing under the laws of the state of Florida, whose mailing address is 1801 27h Street, Vero Beach, Florida, 32960 (hereinafter "LESSEE"). LESSOR and LESSEE may also be referred to herein individually as a "party" or collectively as the "parties." RECITALS WHEREAS, the Vero Beach Regional Airport (hereinafter "AIRPORT or "Airport") is a department of and is owned by LESSOR, and LESSOR is vested with the power to operate the AIRPORT, to lease premises and facilities on the AIRPORT, and to grant related rights and privileges; and, WHEREAS, LESSOR and the South Indian River County Fire District (now Indian River County Emergency Services District) previously entered into a thirty (30) year lease agreement, whereby LESSEE maintained a fire substation (hereinafter "FIRE STATION 3") on Airport property and made monthly lease payments for such property, which was executed October 1, 1989 and expired on September 30, 2019; and, Page 4 of 41 rA WHEREAS, the parties have agreed that LESSEE will continue to provide aircraft rescue and firefighting (hereinafter "ARFF") services to LESSOR, as long as LESSOR requires such services, which ARFF Agreement shall be executed simultaneously and incorporated herein, and, WHEREAS, LESSOR desires to maintain FIRE STATION 3 on AIRPORT property to provide ARFF services to AIRPORT, and LESSOR is, at this time, required by the Federal Aviation Administration ("FAA") to maintain such services; and, WHEREAS, LESSOR maintains the FIRE STATION 3 on Airport property to provide ARFF services to AIRPORT, where required, as well as to provide other firefighting and emergency services to areas off -premises, which is advantageous to the health, safety, and welfare of the citizens of Vero Beach and serves an important public purpose. NOW, THEREFORE, in consideration of the mutual promises herein, the parties hereby agree as above and as follows: ARTICLE 1 PURPOSE AND INTENT The parties agree that the above recitals are true and correct, and by this reference are incorporated herein to this Lease Agreement ("LEASE"). All Exhibits referred to in this LEASE are intended to be and hereby are specifically made a part of this LEASE. ARTICLE 2 PREMISES Subject to the terms, covenants, and conditions contained herein, LESSOR does hereby demise and lease to LESSEE, and LESSEE hires, rents, and leases from the LESSOR, the real property attached hereto marked Exhibit "A" boundary survey and legal description for Parcel FIRE STATION 3 furnished by the LESSOR, real property located at the AIRPORT at 2900 43`d Avenue, Page 5 of 41 Vero Beach, Indian River County, Florida, known as, Parcel ID: 32-39-26-00011-0480-00001.1, consisting of land of approximately 103,500 square feet (+/-), together with the nonexclusive right to use, in common with the AIRPORT and others, any public roads, walkways, and other public areas on the AIRPORT for access to and from the Leased Premises (hereinafter the "Premises"). Subject to all dedications, easements, restrictions, abandonments, reservations, and rights-of-way of record. ARTICLE 3 TERM; OPTION TO RENEW Section 3.1. Term. The Term of this LEASE shall be for a period of thirty (30) years from the Effective Date, commencing on October 1, 2021, and terminating on September 30, 2051, ("hereinafter Term"). Section 3.2. Option(s) to Renew. Provided that this LEASE and any related agreement between the parties are in full force and effect and neither party is in default or breach, the parties shall have the option to renew this LEASE for two 2 additional terms of ten (10) years per term. Such option(s) may only be exercised by signed, written agreement by the parties, and may only be exercised on the condition that LESSEE continues to provide ARFF services to LESSOR in accordance with a valid agreement, if LESSOR so requires. ARTICLE 4 RENT; SECURITY DEPOSIT; TAXES; RENT ADJUSTMENT Section 4.1. Rent. In addition to other good and valuable consideration, for the use of the Premises as detailed herein, LESSEE shall pay LESSOR as base rental payments: Two -Thousand, Two -Hundred and Page 6 of 41 a Thirty and 27/100 Dollars ($2,230.27) per month during the Term of this LEASE. This monthly base rental amount is based on 88,500 +/- square feet of land at $0.3024 per square foot per year, 15,000+/- square feet of drainage easement land at $0.00 per square foot per year, and 19399+/ - square feet of building at $0.00 per square foot per year. Rent shall be due on the first (1st) day of each month. Failure to pay the monthly amount due in full by the tenth (10th) of each month shall result in the assessment of a late charge of five percent (51/o) of the amount then owed or Fifty and 00/100 Dollars ($50.00), whichever is greater. Section 4.2. Rent Payment Location. By Mail: City of Vero Beach/Airport Lease Payments P.O. Box 1389 Vero Beach, Florida 32961-1389 In Person: City of Vero Beach/Cashiers 1036 20th Street Vero Beach, Florida 32960 Section 4.3. Security Deposit. No Security Deposit shall be required. Section 4.4. Taxes. LESSEE shall be responsible to pay all legally imposed taxes, fees, or assessments accruing during the term(s) of this LEASE, for which the leasehold is not otherwise exempt under Florida law. LESSEE acknowledges that nonpayment of any such tax cannot and does not constitute a lien against LESSOR'S interest in the Premises and will instead constitute a personal obligation of LESSEE to the governmental unit imposing such tax. Page 7 of 41 Section 4.5. Rent Adjustment. No Rent Adjustment shall be required during the Term of this LEASE. Section 4.6. Utilities. All taxes, fees, costs, utilities, and insurance costs due on the Premises during the Term shall be borne by LESSEE. LESSEE shall be responsible to ensure proper utility service to the Premises and must be in compliance with building code requirements. LESSEE shall pay for any and all impact fees and connection fees. LESSEE must pay for all utilities consumed or produced within the Premises, including, but not limited to, water, sewer, electricity, gas, telephone, television, Internet access, trash removal, grease removal, and hazardous waste removal, during the Term of this Lease and any subsequent terms. ARTICLE 5 USE OF PREMISES Section 5.1. Permitted Uses. LESSEE shall use the Premises only for the limited purpose of the continued existence of a FIRE STATION 3 at the Airport and for the emergency services purposes incident thereto. LESSEE is limited to the following activities for the Term of this LEASE and any option to renew period: (a) To provide ARFF Services to LESSOR in accordance with 14 CFR Part 139, or to an alternate level of training and proficiency as agreed upon by both parties in the event that Part 139 no longer applies, or to the training requirements necessary for any change in ARFF index, as determined by the CITY. (b) To store and maintain any equipment required under 14 CFR Part 139, and any other essential firefighting or emergency equipment; To provide ARFF Services to LESSOR in accordance with 14 CFR Part 139, or to an alternate level of training and proficiency as agreed Page 8 of 41 101 upon by both parties in the event that Part 139 no longer applies, or to the training requirements necessary for any change in ARFF index, as determined by the CITY. (c) To conduct appropriate firefighting and trainings as required by State and Federal law; (d) To conduct safety inspections at the physical facility of the Airport; and (e) To supervise and direct all activities relating to accidents involving potentially hazardous materials. Whether a use of the Premises meets this Section shall be determined in LESSOR's sole discretion by LESSOR's Airport Director, after consultation with LESSEE's County Administrator. Nothing in this LEASE shall be construed to limit the functions of LESSEE in the event of an imminent threat to health, safety, or welfare, or other emergency. Any additional uses of the Premises not involving ARFF services or other related emergency services must be approved by LESSOR through a signed, written agreement. All uses shall be in compliance with the CITY's comprehensive plan, and all applicable zoning and land use codes and other laws. Section 5.2. Non-interference with Airport Except where otherwise required in an emergency, LESSEE agrees to refrain from and prevent any use of the Premises or the Airport, which would interfere with, disturb, or adversely affect the operation or maintenance of the Airport, or otherwise constitute an Airport hazard or a nuisance. LESSEE shall make no unlawful, improper, or offensive use of the Premises. Section 5.3. Waste, Surrender of Possession. LESSEE will not commit or permit waste of the Premises and must quit and voluntarily deliver up possession of the Premises at the end of the Term in as good condition as at the beginning of this LEASE, and all fixtures, equipment, and improvements in as good condition as when installed or Page 9 of 41 102 constructed, excepting only ordinary wear and tear. LESSEE shall have no obligation to remove any of the fixed improvements. Section 5.4. Existing Building, Premises Leased "AS IS. " The Premises includes an existing building to be used by LESSEE for providing emergency services. The building and improvements on the Premises are leased in an "AS IS" condition, and the same are suitable for the uses intended by LESSEE. LESSEE agrees to accept the Premises strictly in "as is" condition, and no representation has been made to LESSEE concerning the suitability of the Premises for LESSEE's purposes. LESSEE will bear the sole cost and expense of all improvements on the Premises, including, without limitation, design, permitting, materials, construction, insurance, utilities, maintenance, and repair. ARTICLE 6 ENVIRONMENT; CONSTRUCTION Section 6.1. Ownership Held by LESSOR. The LESSEE is granted a leasehold in government property at the AIRPORT under this LEASE with the land, buildings, and other improvements being retained by LESSOR as a leased fee, as stated in this LEASE and as set forth in Attachment "B." All building and other improvements to real property (including those built or otherwise added by LESSEE) shall be owned by LESSOR from the outset and remain government property throughout the Term of this LEASE. LESSOR'S retained interest does not diminish or abridge any leasehold interest conveyed to LESSEE hereunder. If LESSEE exercises an option to renew, LESSEE'S rent shall be adjusted as set forth in Attachment 44B." LESSEE will have the right to remove any furnishings and improvements that have not assumed the nature of realty, provided same is done prior to termination or expiration of this LEASE, Page 10 of 41 103 LESSEE is not then in default hereunder beyond any applicable cure period, and LESSEE repairs any damage caused by such removal. Any such property remaining after the termination or expiration of this LEASE shall immediately become the property of LESSOR unless otherwise agreed by LESSOR in writing. Section 6.2. Environmental Site Assessment. (a) Attached hereto, and incorporated herein as Exhibit "C;' is a copy of the Environmental Site Assessment Phase I. LESSOR and LESSEE accept this report as an accurate representation of the environmental condition of the Premises as of the commencement date of this LEASE. (b) Upon termination of the LEASE, LESSEE, at LESSEE's expense, shall conduct a Phase I Environmental Assessment of the leased property. The results of this report shall be compared to the results of the Environmental Site Assessment Phase I described in paragraph (a) above, to determine whether or not the leased property was contaminated during the Term of the LEASE. If a Phase II Environmental Assessment is recommended by the environmental auditor and it is determined to have been caused by LESSEE, LESSEE shall be responsible for any and all costs associated with the Assessment and environmental remediation pursuant to the terms of Section 19, Environmental Provisions, of Attachment "B" of this LEASE if determined to be caused by LESSEE. Section 6.3. Stormwater Retention and Detention. As provided in LESSOR's leasehold development standards, all required stormwater retention and detention facilities must be located within the perimeter of the Premises, except that LESSEE may utilize an existing common -use stormwater retention system if LESSOR is satisfied that there is Page 11 of 41 104 one that serves the leasehold area and it has sufficient capacity (without enlargement) to accommodate the requirements of the leasehold. Any new stormwater detention or retention facilities must be designed in conformance with FAA Advisory Circular 150/5200-33A, "Hazardous Wildlife Attractants on or Near Airports." LESSEE acknowledges that the Airport's stormwater discharge permit is incorporated by reference into this LEASE. LESSEE covenants that its use of the Premises will not cause any violation of said permit. Further, LESSEE agrees to participate in any LESSOR -organized task force or other work group established to coordinate stormwater activities at the Airport. Section 6.4. Access To/From Premises. LESSOR shall have final authority to determine LESSEE's point or points of access to the site and final authority to review, and approve or reject, any plans proposed by LESSEE for LESSEE's construction of roadways, driveways, or the like, for ingress to and egress from the Premises. Section 6.5. Compliance with Environmental Laws. As a material inducement to LESSOR to lease the Premises to LESSEE, LESSEE covenants and warrants that LESSEE and LESSEE's use of the Premises will at all times comply with and conform to all Environmental Laws. "Environmental Laws" shall include any and all federal, state, and local statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses, agreements, or other governmental restrictions relating to the environment or to emissions, discharges, releases or threatened releases of pollutants, contaminants, chemicals, or industrial, toxic, or hazardous substances, materials or wastes into the environment including, without limitation, ambient air, surface water, ground water, or land, or otherwise relating to the Handling (as hereinafter defined) of pollutants, contaminants, chemicals, or industrial, toxic, or hazardous substances or Page 12 of 41 105 wastes. "Handling" shall include use, treatment, storage, manufacture, processing, distribution, transport, placement, handling, discharge, generation, production, or disposal. Section 6.6. Clean Air and Water Pollution Control. LESSEE agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 740-7671 q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251-1387). LESSEE agrees to report any violation to LESSOR immediately upon discovery. LESSEE assumes responsibility for notifying the Environmental Protection Agency (EPA) and the FAA. LESSEE must include this requirement in all subcontracts that exceed $150,000. ARTICLE 7 RIGHT OF ENTRY LESSOR's agents or employees will have the right to enter the Premises for any legal purpose, including, but not limited to: (a) view and inspect the Premises, or make repairs, at any time during LESSEE's regular hours; (b) view and inspect the Premises, or make repairs, at any time in the event of emergency; and (c) perform any and all things which LESSEE is obligated to and has failed to do after fifteen (15) days' written notice to act, including maintenance, repairs, and replacements to the Premises, unless LESSEE already is making a reasonable effort to effectuate corrective measures. The cost of all labor, materials, and reasonable overhead charges required for performance of such work will be promptly paid by LESSEE to LESSOR. Such access may be conditioned upon being escorted by LESSEE's agents or employees, Page 13 of 41 106 unless LESSOR's agents or employees in question: (a) are acting in their law enforcement capacity under LESSOR's police power; or (b) require immediate access to the Premises due to an emergency situation. ARTICLE 8 COMPLIANCE WITH LAWS, ORDINANCES, AND REGULATIONS LESSEE (including its officers, agents, servants, employees, contractors, suboperators, and any other person over which LESSEE has the right to control) shall comply at all times with all present and future laws, including the Airport Rules and Regulations, as amended, and as may be further amended or superseded, and all other statutes, ordinances, orders, directives, rules, and regulations, of the federal, state, and local governments, including LESSOR, the Transportation Security Administration ("TSA") and the FAA, which may be applicable to its operations at the AIRPORT. The provisions of Attachment "A" (Resolution 2015-30, Airport Leasing Policy) and Attachment "B" (Standard Lease Provisions for Airport Tenants), as adopted by LESSOR, and as amended from time to time, are incorporated herein and specifically made a part of this LEASE. The parties agree that should any provisions of this LEASE conflict with any provisions of the Attachments (A or B), the provisions of this LEASE shall prevail, unless otherwise noted. ARTICLE 9 RELEASE, INDEMNITY, AND HOLD HARMLESS Notwithstanding any minimum insurance requirements prescribed elsewhere in this LEASE, LESSEE agrees to release, defend, indemnify, and hold harmless LESSOR and its Council Members, officers, agents, and employees) from: 1) any and all injury, loss, or damage, of any nature whatsoever, to any person or property in connection with the use of the Premises by LESSEE, its subtenants, employees, Page 14 of 41 107 agents, contractors, and invitees, except to the extent caused by negligence of LESSOR (and/or its officers, agents, and employees); 2) any and all injury, loss, or damage, of any nature whatsoever, to any person or property (including but not necessarily limited to contamination to the environment) in connection with the installation, maintenance, repairs, and removal of any underground storage tanks or other tanks; and 3) any and all fines or penalties imposed on LESSOR by any governmental agency (including but not limited to the FAA and the TSA as a result of the failure of LESSEE or its agents, employees, or contractors, to abide by or comply with any statute, ordinance, rule, regulation, or other requirement (including, but not limited to, environmental damage or breaches of the Airport's security). LESSEE agrees to release LESSOR from any injury, loss, or damage, caused by criminal acts of third parties. LESSEE agrees that LESSOR is not responsible or liable for any acts, errors, or omissions of the TSA, FAA, or any other governmental agency. Nothing herein shall be interpreted or construed to mean that either party waives its common law sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statutes. ARTICLE 10 INSURANCE REQUIREMENTS LESSEE must procure and maintain during the LEASE Term at its own expense, for the protection of LESSOR and LESSEE, in form satisfactory to LESSOR: Section 10.1. General Liability Insurance. LESSEE shall maintain general liability insurance providing all risks coverage which protects LESSOR, LESSOR's elected officials, employees, officers, and agents, and LESSEE, from claims Page 15 of 41 1: arising from bodily injury, property damage, operations, fire, and legal liability. Such insurance coverage shall have a combined single limit of not less than $3,000,000 per occurrence/$3,000,000 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. LESSEE's insurance shall be primary and any other insurance maintained by LESSOR shall be in excess of and shall not contribute with LESSEE's insurance. Section 10.2. Property Insurance. LESSEE shall maintain during the full Term of the LEASE, at LESSEE'S sole cost and expense, LESSEE shall provide, maintain, and pay for a property insurance providing coverage of not less than one -hundred percent (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 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 percent (2%) 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 percent (5%) 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 LESSOR and LESSEE for losses covered under such policies. Page 16 of 41 109 In the event of damage and/or destruction to the buildings, improvements, betterments and equipment, all proceeds from such policy shall be utilized by LESSEE to repair and/or replace the damaged or destroyed buildings, improvements, betterments and equipment. LESSEE may request consent from LESSOR not to repair and/or replace the damaged or destroyed buildings, improvements, and equipment. LESSOR, in its sole discretion, may either accept or reject LESSEE'S request not to repair and/or replace. If the LESSOR rejects LESSEE'S request not to repair and/or replace, then LESSEE must utilize all insurance proceeds to repair and/or rebuild pursuant to this paragraph. If LESSOR consents to LESSEE'S request not to repair and/or replace, then the insurance proceeds shall be prorated between the LESSOR and the LESSEE based upon the time period left in the LEASE before the reversion of all structures and improvements (fixtures) to the LESSOR (example: if LESSOR consents to LESSEE'S request not to repair and/or replace and the lease is in the 28d' year of a 30 -year lease, the insurance proceeds would be dispersed 28/30th to the LESSOR and 2/30th to the LESSEE). As soon as is reasonably possible after damage and/or destruction to the buildings, improvements, betterments and equipment, but no later than eighteen (18) months after said damage and/or destruction, LESSEE shall, at the LESSEE'S sole expense (using insurance proceeds available for that purpose, along with LESSEE'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 LESSOR. In the event any insurance proceeds of such policy shall remain unused after the completion of restoration or rebuilding to the LESSOR'S satisfaction, evidenced in writing, and if the LESSEE Page 17 of 41 110 shall not be in default under the LEASE, then the remaining funds shall be paid to LESSOR for any unpaid rent and other sums due, with any remaining sum paid to the LESSEE. (a) 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 LESSOR. (b) Recognizing the extended term of the LEASE, LESSEE agrees that the LESSOR 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 insurance industry standards and practices, changes in LESSEE'S use of the Premises, measurable changes in local and national economic indicators and changes in City policies and procedures. (c) The insurance policies shall name the LESSOR 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 LESSOR by the insurer prior to any policy change, amendment, termination or expiration of coverage. LESSEE shall cause the insurer to provide proof of the required insurance to the LESSOR before LESSEE takes possession of the Premises and shall cause the insurer to continue to supply such proof to the LESSOR for each term of coverage. LESSEE'S insurance shall be primary and any other insurance maintained by the City shall be in excess of and shall not contribute with LESSEE'S insurance. (d) In the event that LESSEE should fail for any reason to procure or maintain insurance coverage at the minimum amounts required herein, or at the written request of LESSEE, LESSOR, at LESSOR's sole discretion, may secure insurance coverage at LESSEE's expense, or may declare LESSEE in default. LESSEE shall reimburse LESSOR for the cost of such insurance coverage secured by LESSOR within thirty (30) days of LESSEE's receipt of an invoice from LESSOR for Page 18 of 41 111 such insurance coverage. LESSEE shall be responsible for the payment of any applicable deductibles set out in the insurance policy secured by LESSOR. Section 10.3. CommercialAuto Insurance. LESSEE shall maintain commercial auto insurance for replacement value and automobile liability insurance for the ARFF vehicle(s). The liability insurance shall be a combined single limit of $3,000,000. Section 10.4. Worker's Compensation Insurance. LESSEE shall maintain worker's compensation insurance meeting mandatory statutory limits, and include: • $1,000,000 each accident. • $1,000,000 bodily injury by disease each employee. • $1,000,000 bodily injury by disease policy limit. Section 10.5. Pollution Liability Insurance. LESSEE shall maintain pollution liability insurance for sudden or gradual release of pollutants. Such coverage shall have a minimum limit of $1,000,000 per occurrence. Section 10.6. Additionally Insured. LESSOR shall be named as an additional insured for liability insurance, and shall include provision of at least thirty (30) days' advance notice to LESSOR prior to any policy change, amendment, termination or expiration of coverage. LESSEE shall provide proof of the required insurance to LESSOR before each term of coverage. LESSEE's insurance shall be primary and any other insurance maintained by LESSOR shall be in excess of and shall not contribute with LESSEE's insurance. LESSEE shall be responsible for the payment of any applicable deductibles set out in the insurance. Certificates of all policies evidencing the insurance required, including renewal policies, Page 19 of 41 112 must be delivered to LESSOR. Each such policy or certificate shall contain a valid endorsement that such insurance will not be canceled or materially changed or altered without first giving advance written notice to LESSOR. ARTICLE 11 CASUALTY Section 11.1. Notice to LESSOR. If the Premises, or any improvement thereon, is damaged or destroyed by fire, hurricane, tornado, or any other casualty, LESSEE shall promptly give written notice to LESSOR of the date and nature of such damage. Section 11.2. Damage Due to Insurable Cause within Term, or Minor Damage. If any improvements on the Premises are damaged and: (a) such damage: (1) occurs by fire, hurricane, tornado, or other casualty of the type which LESSEE is required to provide coverage for, or which is covered by any insurance policy carried by LESSEE; and (2) occurs within the Term (as set forth in Section 2.1 above); or (b) any building or buildings are damaged so as to collectively require, for Restoration, as defined below, an estimated expenditure of not more than ten percent (10%) of the full insurable value of all buildings on the Premises immediately prior to the casualty (as determined by an "Independent Architect" as defined below); then: 1) LESSEE shall, at its own cost and expense, promptly repair, replace, and rebuild it, at least to the extent of the value and as nearly as practicable to the character of the Premises and improvements existing immediately prior to the occurrence of such damage (the 'Restoration"); Page 20 of 41 113 2) LESSEE's Restoration shall be made in accordance with the procedures set forth above for LESSEE's initial construction (including but not limited to LESSOR's review and approval of plans); and 3) In the event of a casualty resulting in a loss payment for the improvements in an amount greater than One -Hundred Thousand and No/100 Dollars ($100,000.00) as adjusted by the change in the Rent from the commencement date of the date of the casualty, the proceeds of all insurance policies maintained by LESSEE attributable to the replacement of the improvements, but not LESSEE's personal property, shall be deposited in LESSOR and LESSEE's joint names in an escrow account at a bank or other financial institution designated by LESSOR, and shall be used by LESSEE for the repair, reconstruction, or restoration of the improvements. Such proceeds shall be disbursed periodically upon certification of the architect or engineer having supervision of the work that such amounts are the amounts paid or payable for the repair, reconstruction, or restoration. LESSEE shall obtain, and make available for LESSOR receipted bills and, upon completion of said work, full and final waivers of lien. 4) In the event of a casualty resulting in a loss payment for the improvements in an amount equal to or less than the amount stated above, the proceeds shall be paid to LESSEE, and shall be applied towards repair, reconstruction, and restoration. In the event the insurance company monitors the repair, reconstruction, or restoration of the improvements, the parties acknowledge that the proceeds may not be disbursed in advance of invoices from contractors, and therefore, not paid in advance, in order to escrow the proceeds. In the event the proceeds are not escrowed in advance of Page 21 of 41 114 payments due for the repair, reconstruction, or restoration of the improvements, the proceeds shall be jointly payable to LESSOR and LESSEE. 5) If the insurance proceeds are insufficient to pay the cost of Restoration, LESSEE must pay the shortfall. If the proceeds exceed the cost of Restoration, LESSEE will be entitled to the surplus, unless LESSEE is in default under this LEASE. In the latter event, the surplus must be applied to the default; the remainder, if any, will be paid to LESSEE. An "Independent Architect" shall mean an architect or engineer that is licensed to practice in the state of Florida, who has experience in estimating cost of construction and repair, and who is selected by agreement between LESSOR and LESSEE; however, if the parties do not agree and LESSEE rejects or does not approve, within thirty (30) days of LESSOR's written proposal, any two (2) independent licensed architects or engineers, then the "Independent Architect" may be selected unilaterally by LESSOR (but shall not be one (1) of the two (2) originally proposed by LESSOR, if such architect(s) or engineer(s) were expressly rejected by LESSEE in writing within said thirty (30) day time period). If the parties cannot agree on selection of an Independent Architect, LESSOR may choose one of the architects authorized to be used by the LESSEE per CCNA procedures. In any event, the fee charged by the "Independent Architect" shall be split equally between LESSOR and LESSEE. If the construction work on the Restoration has: 1) not commenced by the later of: a. twelve (12) months after the insurance settlement; or b. twenty-four (24) months after the casualty; or 2) has commenced but bona fide work is not actively continuing; Pale 22 of 41 115 LESSOR shall give written notice to LESSEE, of LESSOR's intention to terminate the LEASE within sixty (60) days, unless LESSEE can demonstrate that LESSEE has made and continues to make diligent effort to commence or continue bona fide construction work, failing which this LEASE shall terminate at the end of said sixty (60) day period, and any and all remaining insurance proceeds (whether held by LESSOR, the leasehold mortgagee, or otherwise) shall be applied, first, to completing the required Restoration, and second, to paying off the leasehold mortgage (but only to the extent the leasehold mortgage secures amounts actually spent by LESSEE on improvements to the Premises, plus interest), and third, to LESSOR. Section 11.3. Major Damage Due to Uninsurable Cause or Near End of LEASE Term. If any building or buildings are damaged and: (a) such damage: (1) occurs by a cause, such as war or nuclear attack, not of the type which LESSEE is required to provide coverage for, and which is not covered by any insurance policy carried by LESSEE; or (2) the damage occurs after the end of the Term; and (b) the building or buildings are damaged so as to collectively require, for Restoration, an estimated expenditure of more than ten percent (10%) of the full insurable value of all buildings on the Premises immediately prior to the casualty (as determined by an "Independent Architect as defined above), then: LESSEE shall have the option to elect to terminate this LEASE by providing written notice to LESSOR, in the manner provided herein, within six (6) months of the date of said casualty. If LESSEE does not so exercise this option to terminate, then: (1) LESSEE shall, at its own cost and expense, promptly repair, replace, and rebuild it, at least to the extent of the value and as nearly as practicable to the character of the Premises and improvements existing immediately prior to the occurrence of such damage; (2) LESSEE's Restoration shall be made in accordance with the Page 23 of 41 116 procedures set forth above for LESSEE's initial construction (including, but not limited to, LESSOR's review and approval of plans); and (3) any and all insurance proceeds attributable to the replacement of the improvements, but not LESSEE's personal property, shall be deposited in LESSOR and LESSEE's joint names in an escrow account at a bank or other financial institution designated by LESSOR (or, if required by a leasehold mortgage approved pursuant to Article 7 above, to the leasehold mortgagee) to be used by LESSEE for the repair, reconstruction, or restoration of the improvements. Such proceeds shall be disbursed periodically upon certification of the architect or engineer having supervision of the work that such amounts are the amounts paid or payable for the repair, reconstruction, or restoration. LESSEE shall obtain, and make available to LESSOR, receipted bills, and upon completion of said work, full and final waivers of lien. In the event the insurance company monitors the repair, reconstruction, or restoration of the improvements, the parties acknowledge that the proceeds may not be disbursed in advance of invoices from contractors and therefore not paid in advance in order to escrow the proceeds. In the event the proceeds are not escrowed in advance of payments due for the repair, reconstruction, or restoration of the improvements, the proceeds shall be jointly payable to LESSOR and LESSEE. If the insurance proceeds are insufficient to pay the cost of Restoration, LESSEE must pay the shortfall. If the proceeds exceed the cost of Restoration, LESSEE will be entitled to the surplus, unless LESSEE is in default under this LEASE. In the latter event, the surplus must be applied to the default; the remainder, if any, will be paid to LESSEE. If LESSEE does so elect to terminate the LEASE, then any and all insurance proceeds received and receivable as a result of on account of casualty damage shall be payable, first, to paying off the leasehold mortgage (but only to the extent the leasehold mortgage secures amounts actually spent by LESSEE on improvements to the Premises, plus interest), and second, split between LESSOR and Page 24 of 41 117 LESSEE on a pro rata basis, with LESSEE's percentage share being equal to the time that was (but for the termination) remaining on the Term of this LEASE (as extended by any options already exercised prior to the date of the casualty) as of the date of the casualty, divided by the time between the Rent Commencement Date and the end of the Term of this LEASE as extended by any options already exercised prior to the date of the casualty, and LESSOR's percentage being the remaining share. (For the purposes of this paragraph, the "Term of this LEASE" refers to the term applicable to the land under the damaged building or buildings.) Notwithstanding the preceding sentence, in the event LESSEE terminates this LEASE, LESSEE will pay LESSOR all rents and fees, which accrue, prorated as of the date LESSEE has so terminated and surrendered the Premises to LESSOR. ARTICLE 12 GENERAL PROVISIONS Section 12.1. Notice. Notice to LESSOR shall be sufficient if sent by registered or certified mail, postage prepaid, or by a nationally recognized overnight delivery service (e.g. Federal Express, UPS, Airborne Express, or DHL), to: City of Vero Beach Attn: Airport Director 3400 Cherokee Drive Vero Beach, Florida 32960 Section 12.2. Captions. with copy to: City of Vero Beach Attn: City Manager P.O. Box 1389 Vero Beach, Florida 32961-1389 The captions within this LEASE are inserted for convenience only, and are not intended to define, limit, or describe the scope or intent of any provisions, and shall not be construed to affect, in any manner, the terms and provisions hereof or the interpretation or construction thereof. Section 12.3. Breach of LEASE. Page 25 of 41 118 Any violation or breach of the duties and obligations imposed by the LEASE and incorporated documents and the rights and remedies on the part of LESSEE may result in the suspension or termination of this LEASE or such other action that may be necessary to enforce the rights of the parties to this LEASE. LESSOR will provide LESSEE written Notice, describing the nature of the breach and any corrective actions LESSEE must undertake, and shall include a reasonable date by which to correct the breach. The duties and obligations imposed by the LEASE and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Section 12.4. Time. Time is of the essence in the performance of this LEASE. Section 12.5. Governing Law; Forum Selection and Venue. This LEASE shall become valid when approved by LESSOR's City Council and the Board of County Commissioners, Vero Beach, Florida; it will be deemed made and entered into in the state of Florida and will be governed by and construed in accordance with the laws of Florida. In the event that that there is a change in ARFF Index under Part 139 as determined by the City, the City shall be responsible for any additional necessary training costs required by such change. In the event of a dispute between the parties, all actions or proceedings will be brought and litigated exclusively in the state courts located in Indian River County or in the federal courts located in St. Lucie County, Florida. Section 12.6. Assignment. Page 26 of 41 119 This LEASE shall not be assigned, transferred, hypothecated, sold, mortgaged, or otherwise encumbered. Any such assignment, transfer, or encumbrance shall be null and void and without legal effect. Section 12.7. Attorney's Fees and Costs. In the event there arises between the parties any dispute or litigation regarding the terms and conditions of this LEASE, each party shall be responsible for its own attorney's fees and costs. Section 12.8. Non -waiver of Rights. This LEASE may only be modified, altered, or amended, in whole or in part, by a written instrument setting forth such changes and signed by all parties hereto. This LEASE and attachments hereto constitute the entire agreement and understanding between the parties and all other agreements and understandings between them, related to LEASE of the Premises, whether oral or written, are hereby deemed void and merged into this LEASE. LESSOR's acceptance of rent, or any act of forbearance concerning any breach or violation of this LEASE by LESSEE shall not be construed as a wavier of any rights LESSOR has hereunder. No delay or omission on the part of LESSOR in exercising any right hereunder shall operate as a waiver of such right or any other right. Section 12.9. Administration of LEASE. Whenever in this LEASE, LESSEE is required or permitted to obtain the approval of, consult with, give notice to, receive notice from, or otherwise deal with LESSOR, LESSEE shall deal with LESSOR's authorized representative; and unless and until LESSOR gives LESSEE written notice to the contrary, LESSOR's authorized representative shall be LESSOR's Airport Director. Section 12.10. Airport Development. Page 27 of 41 IIVill LESSOR reserves the right to further develop, change, or improve the Airport and its routes and landing areas as LESSOR sees fit, without LESSEE's interference or hindrance and regardless of LESSEE's views and desires. Section 12.11. LESSEE's Use and Construction to Comply with Federal Aviation Regulations. LESSEE agrees to conform to all applicable Federal Aviation Regulations in any operation or construction on the Premises. LESSEE agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations (which may be amended or replaced by other regulations from time to time) before constructing any improvements or modifying or altering any structure on the Premises. Section 12.12. LESSEE's Noninterference with Aircraft.; LESSOR Noninterference with Emergency Services. LESSEE and its successors, assigns, and sublessees will not use the Premises or any part of the Airport in any manner, or act in any manner, that might interfere with any aircraft landing, taxiing, or taking off from the Airport or otherwise create a hazard. If this covenant is breached in any way, LESSOR reserves the right to enter the Premises and abate or eliminate the interference at the expense of LESSEE. LESSOR will not unreasonably interfere with LESSEE's use of the Premises to provide Emergency Services. Section 12.13. Maintenance of Premises and Equipment. LESSEE agrees that LESSOR shall have no responsibility for the maintenance of the Premises, including any improvements thereon, and that LESSEE shall, at LESSEE's own expense, keep in good order and repair, inside and out, all buildings, including, but not limited to, the air conditioning, machinery, plumbing, wiring, pipes, gas, steam, electrical fittings, and all other Page 28 of 41 121 emergency services equipment. It shall be LESSEE's responsibility to keep the Premises clean and to dispose of all debris and other waste matter which may accumulate. LESSEE shall maintain the grounds, landscaping, and parking areas in accordance with the same standards by which LESSOR maintains the Airport grounds, landscaping, and parking areas. ARTICLE 13 ADDITIONAL, FAA CLAUSES Section 13.1. Incorporation of Required Provisions. The parties incorporate herein by this reference all provisions lawfully required to be contained herein by the FAA or any other governmental body or agency. In the event that the FAA or any successor requires modifications or changes in this LEASE as a condition precedent to the granting of funds for the improvement of the Airport, or otherwise, LESSEE agrees to consent to such amendments, modifications, revisions, supplements, or deletions of any of the terms, conditions, or requirements of this LEASE as may be reasonably required. Section 13.2. Airport Protection. It shall be a condition of this LEASE, that LESSOR 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 Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for the navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the airport. LESSEE agrees for itself, its successors, and assigns, to restrict the height of structures, objects of natural growth, and other obstructions on the Premises to such a height so as to comply with Federal Aviation Regulations, Part 77. Page 29 of 41 122 LESSEE agrees for itself, its successors, and assigns, to prevent any use of the Premises, which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard. Section 13.3. Non -exclusivity. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this LEASE are non-exclusive and LESSOR reserves the right to grant the same or similar privileges to another lessee or other lessees on other parts of the AIRPORT. ARTICLE 14 CONDEMNATION Section 14.1. Complete Taking. If the entire Premises are taken or condemned for any public or quasi -public use or purpose, by right of eminent domain, this LEASE will terminate on the date title to the Premises vests in the taking authority. Rent will be prorated to the date of termination. Section 14.2. LESSEE's Option to Terminate in the Event of Partial Taking. If a portion of the Premises (or all reasonable access to the adjacent roadways from the then - existing or comparable curb cut locations) shall be taken or condemned for any public or quasi -public use or purpose, by right of eminent domain, LESSEE shall have the option to terminate this LEASE by advance written notice to LESSOR, given at any time after the taking authority files its notice of taking, but no later than sixty (60) days after entry of the order of taking, specifying the date on which the LEASE will terminate, which date shall be the last day of any calendar month that falls within the period for giving LESSEE's notice of its election to terminate. Such condemnation does not include condemnation by the City. Rent will be prorated to the date of termination. Page 30 of 41 123 If LESSEE does not elect to exercise this option, then: (1) LESSEE will be entitled to participate in the award of the taking only to the extent an award is made for business damages; (2) LESSEE shall promptly restore the remaining portions of the Premises to a condition comparable to the condition of the Premises at the time of such taking; and (3) this LEASE shall continue in full force and effect except that the rent payable hereunder shall be equitably adjusted to take into account the portion or portions of the Premises lost by the taking. Section 14.3. Award. If this LEASE is terminated by reason of a taking, any compensation awarded for such taking of the Premises will be equitably apportioned between the LESSOR and LESSEE to reflect the respective values of the encumbered fee and the leasehold interest. ARTICLE 15 CIVIL RIGHTS AND TITLE VI Section 15.1. General Civil Rights Provisions. LESSEE agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. If LESSEE transfers any of its obligation to another, the transferee is obligated in the same manner as LESSEE. This provision obligates LESSEE for the period during which the property is owned, used or possessed by LESSEE and the Airport remains obligated to the FAA. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. Section 15.2. Nondiscrimination — Title VI Assurances. Page 31 of 41 124 This LEASE is (or may be) subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23. LESSEE, for itself, successors, and assigns, as part of the consideration hereof, does hereby covenant and agree that, (1) 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 in the use of said facilities, (2) 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, (3) that LESSEE 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 VI of the Civil Rights Act of 1964, and as said Regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, LESSOR shall have the right to terminate the LEASE and re-enter as if said LEASE had never been made or issued; but this 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. Section 15.3. Transfer of Real Property Acquired or Improved Under the AIRPORT Improvement Program. (a) LESSEE, for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant Page 32 of 41 125 running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the property described in this LEASE for a purpose for which a FAA activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, LESSEE will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be amended) such 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. (b) In the event of breach of any of the above Nondiscrimination covenants, LESSOR will have the right to terminate the LEASE and to enter, re-enter, and repossess said lands and facilities thereon. Section 15.4. Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program. (a) LESSEE, for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that, (1) no person on the ground 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, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that LESSEE will use the Premises in compliance with all other requirements imposed by or pursuant to the List of Discrimination Acts and Authorities. Page 33 of 41 126 (b) In the event of breach of any of the above nondiscrimination covenants, LESSOR will have the right to terminate the LEASE and to enter or re-enter and repossess said land and the facilities thereon. Section 1 S. S. Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance of this LEASE, LESSEE agrees to comply with the following non-discrimination statutes and authorities; including, but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 USC§ 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); 2. 49 CFR part 21 (Non-discrimination in Federally- assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964); 3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 4. Section 504 of the Rehabilitation Act of 1973 (29 USC§ 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended (42 USC§ 6101 et seq.) (prohibits discrimination on the basis of age); 6. AIRPORT and Airway Improvement Act of 1982 (49 USC§ 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); 7. The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by Page 34 of 41 127 expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC§§ 12131 - 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; 9. The FAA's Nondiscrimination statute (49 USC§ 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 12. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et. seq.). Page 35 of 41 128 ARTICLE 16 DEFAULT, REMEDIES Section 16.1. Defaults by LESSEE; Remedies. (a) Default in Payment of Rent. Should LESSEE fail to pay to LESSOR any installment of rent when due, LESSEE shall be deemed in default of the LEASE and LESSEE shall either cure such default or surrender possession of the Premises to LESSOR within seven (7) days, after written notice of the Default is served on LESSEE. (b) Defaults Other than Rent. Should LESSEE fail to perform or comply with any of its obligations, covenants, conditions, agreements, or assurances, other than payment of rent, LESSEE shall be deemed in default of the LEASE and LESSEE shall either cure such default or surrender possession of the Premises to LESSOR within thirty (30) days after written notice of the Default is served upon the LESSEE. (c) Abandonment. Should the LESSEE abandon the Premises, whether such abandonment is actually known to LESSOR or presumed, the Lessee shall be deemed in default of the LEASE. Absent actual knowledge by LESSOR of abandonment of the Premises, abandonment shall be presumed when: (1) LESSEE has been absent from the Premises for a Period of thirty (30) consecutive days; (2) LESSEE has not notified LESSOR in writing of the absence being intended; (3) the rent is not current; and (4) ninety (90) days have elapsed since service of a written notice on LESSEE of the default and LESSOR's intent to retake possession. (d) Right of Possession on Default. LESSOR may retake possession of the Premises without judicial action upon surrender or abandonment of the Premises by LESSEE. Should Lessee fail to cure a default under the LEASE, or in the alternative to surrender or abandon possession of the Premises within the time provided, LESSOR shall have the right to recover possession of the Premises Page 36 of 41 129 as provided by law in an action for possession. LESSOR's retaking of possession of the Premises, whether by LESSEE's surrender or abandonment of the Premises, or by judicial action, shall not be deemed a waiver of any of LESSOR's other claims, rights or remedies and will not terminate the LEASE absent notice of termination by LESSOR. LESSOR may at any time after retaking possession or reletting, terminate the LEASE for the default because of which LESSOR reentered. ARTICLE 17 HOLDOVER If LESSEE remains in possession of the Premises after the LEASE expires or terminates for any reason: (a) Lessee will be deemed to be occupying the Premises as a Lessee from month-to-month at the sufferance of LESSOR; and (b) Lessee shall reimburse LESSOR for any additional damages, which LESSOR suffers by reason of Lessee's continued occupancy. ARTICLE 18 TERMINATION Section 18.1. Breach. In the event of any breach or threatened breach by Lessee of any of the terms, provisions, agreements, or conditions in the LEASE, LESSOR shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise as through termination, reentry, summary proceedings, and other remedies not provided for in the LEASE. Section 18.2. Surrender. Upon the Termination of the LEASE and/or Expiration of the Term, or upon the termination Page 37 of 41 130 of LESSEE's right of possession, whether by lapse of time or at the option of LESSOR, LESSEE will at once surrender possession of the Premises to LESSOR and shall have a reasonable time to remove any personal property and equipment (non -fixtures) from Premises. If possession is not immediately surrendered, LESSOR may obtain possession of the Premises as provided by law (Section 83.05, Florida Statutes, or as that provision may be amended). ARTICLE 19 CONSTRUCTION OF LEASE Section 19.1. Merger. This LEASE and its attachments set out the entire agreement between the parties. There are no implied covenants or warranties except as expressly set forth herein. Section 19.2. Modification. No provisions of this LEASE and the Attachments hereto may be amended, extended, or modified except by written instrument executed by all parties to the LEASE. Section 19.3. Subordination. The LEASE shall be subordinate and subject to the provisions of any existing or future contract between LESSOR and the United States, relative to 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. Section 19.4. Severability. If any part of the LEASE 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 FAA, such invalidity or unenforceability shall not affect the other provisions of the LEASE if Page 38 of 41 131 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 are declared severable. Section 19.5. Modifications by FAA. If any branch of the federal government having jurisdiction over the operation of the AIRPORT, including, but not limited to, the FAA, deems any provision to be in non-compliance, the parties agree to delete, insert, or modify to the extent necessary to bring such provision into compliance. Section 19.6. Review. The parties hereto acknowledge that they were given the opportunity to have their legal counsel review this LEASE and attachments, as well as the Attachments noted herein, and the terms and provisions shall be construed neither against, nor in favor of, any party hereto, but rather, in accordance with the fair and ordinary meaning thereof. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this LEASE on the date first written above. [SIGNATURE PAGES TO FOLLOW] Page 39 of 41 132 LESSEE — INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT (This section to be completed by LESSEE only) ATTEST: Jeffrey R. Smith Clerk of Courts and Comptroller Approved as to form and legal sufficiency: Dylan Reingold County Attorney [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER By: Peter D. O'Bryan Chairman Approved by BOCC: Approved: By: Jason E. Brown County Administrator The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this _ day of 2022, by PETER D. O'BRYAN, Chairman, of the Board of County Commissioners, on behalf of INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, who ❑ is personally known to me or ❑ has produced as identification. Seal: Sign: Notary Public, State of Florida at Large Print Name: Notary Commission No.: My Commission Expires: Page 40 of 41 133 LESSOR — CITY OF VERO BEACH (This section to be completed by LESSOR only) ATTEST: Tammy K. Bursick City Clerk [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER LESSOR: CITY OF VERO BEACH, a Florida Municipal corporation LIN Robert Brackett Mayor Date: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this _ day of 2022, by ROBERT BRACKETT, the Mayor, and TAMMY K. BURSICK, the City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. Sign: Notary Public, State of Florida at Large Seal: Print Name: Notary Commission No.: My Commission Expires: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: Approved as conforming to municipal policy: John S. Turner City Attorney Approved as to financial requirements: Cynthia D. Lawson Finance Director Monte K. Falls, P.E. City Manager Approved as to technical requirements: J. Todd Scher Airport Director Page 41 of 41 134 'Prepared by and return to: City Attorney City of Vero Beach P.O. Box 1389 Vero Beach, FL 32961-1389 MEMORANDUM OF ON -AIRPORT LAND LEASE AGREEMENT THIS MEMORANDUM OF ON -AIRPORT LAND LEASE AGREEMENT ("Memorandum") with an effective date of October 1, 2021, by and between the CITY OF VERO BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, whose mailing address is 1053 20th Place, P.O. Box 1389, Vero Beach, Florida, 32961-1389 ("Lessor"), and INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, organized and existing under the laws of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida, 32960 ("Lessee"). Lessor and Lessee may also be referred to herein individually as a "party" or collectively as the "parties." For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the agreements hereinafter set forth and those of the Lease Agreement memorialized herein, Lessor and Lessee hereby acknowledge and agree as follows: 1. Lessor and Lessee entered into that certain On -Airport Land Lease Agreement, including all exhibits and attachments thereto, effective as of October 1, 2021, ("Lease Agreement") by which Lease Agreement Lessor leased to Lessee, and Lessee leased from Lessor that certain real property located at Lessor's Vero Beach Regional Airport known as "Fire Station 3" consisting of a total 122,900 +/- square feet of land, being as more particularly described and depicted in Exhibit "A," attached hereto and incorporated herein (collectively "Leased Premises"). 2. Lessor and Lessee desire to record this Memorandum in order to place all persons on notice of the existence of the foregoing described Lease Agreement. To that end, this Memorandum shall serve as public notice of the rights of Lessor and Lessee with respect to the Leased Premises, pursuant to the terms of the Lease Agreement. 3. The term of the Lease Agreement commenced as of October 1, 2021, and continues for a period of Thirty (30) years, subject to Lessee's option to renew the Lease Agreement pursuant to its terms. 4. Reference is hereby made to the Lease Agreement for all other terms, conditions, and agreements between the parties, which terms, conditions, and agreements are incorporated herein by this reference. A true and correct copy of the Lease Agreement is available at the offices of Lessor, the City of Vero Beach, and Attn: City Clerk, at 1053 20th Place, Vero Beach, Florida 32960. 5. This instrument is merely a Memorandum and is subject to all of the terms and conditions of the Lease Agreement. Where the terms and conditions of this Memorandum and the Lease Agreement conflict, the terms and conditions of the Lease Agreement shall control and supersede. All terms herein shall have the same meaning as ascribed in the Lease Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the dates entered below and each party's respective signatory whose signature appears below hereby warrants and Paae 1 of 3 135 represents that such signatory has been and is on the date of execution of this Memorandum duly authorized to execute this Memorandum on behalf of and to bind their respective party. ATTEST: Jeffrey R. Smith Clerk of Courts and Comptroller Approved as to form and legal sufficiency: 0 Dylan Reingold County Attorney [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, By its Board of County Commissioners By: Peter D. O'Bryan Chairman Approved by BOCC: Approved: By: Jason E. Brown County Administrator The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2022, by PETER D. O'BRYAN, Chairman, of the Board of County Commissioners, on behalf of INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, who ❑ is personally known to me or ❑ has produced as identification. Seal: Sign: Notary Public, State of Florida at Large Print Name: Notary Commission No.: My Commission Expires: Page 2 of 3 136 ATTEST: Tammy K. Bursick City Clerk [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER LESSOR: CITY OF VERO BEACH, FLORIDA, a Florida municipal corporation By: Robert Brackett Mayor The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2022, by Robert Brackett, the Mayor, and Tammy K. Bursick, the City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. Notary Public, State of Florida at Large Seal: Print Name: Notary Commission No.: My Commission Expires: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: Approved as conforming to municipal policy: John S. Turner City Attorney Approved as to financial requirements Cynthia D. Lawson Finance Director Monte K. Falls, P.E. City Manager Approved as to technical requirements: J. Todd Scher Airport Director Page 3 of 3 137 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Assistant Public Works Director FROM: Richard Reichenbach, P.E. Project Engineer SUBJECT: Amendment 1 to Work Order No. AACE-1, Moorhen Marsh Low Energy Aquatic Plant System (LEAPS) IRC -2107 DATE: May 24, 2022 DESCRIPTION AND CONDITIONS On April 20, 2021, Work Order No. AACE-1 to Andersen Andre Consulting Engineers, Inc. was approved by the Board of County Commissioners in the amount of $80,505.00 for professional geotechnical engineering and construction testing/inspection services. The purpose of Amendment No. 1 is for the expanded level of effort needed to complete the construction testing services that are necessary for the facility's construction. Due to the global supply chain disruption and concrete material availability, material testing had to be conducted outside of normal working hours, which was not anticipated in the original work order. This Amendment for a Not -to -Exceed amount of $47,472.00, brings the total for Work Order No. AACE-1 to $127,977.00. FUNDING Funding in the amount of $47,472.00 is available from Optional Sales Tax/Public Works/CIP-Moorhen Marsh -PC North, Acct #31524338-066510-16018. Funding Source Amount Optional Sales Tax/Public Works/CIP-Moorhen Marsh -PC North, Acct #31524338-066510-16018 $47,472.00 RECOMMENDATION Staff recommends approval of Amendment No. 1 to Work Order No. AACE-1 with Andersen Andre Consulting Engineers, Inc. authorizing the professional services as outlined in the Scope of Work and authorize the Chairman to execute Amendment No. 1 to Work Order No. AACE-1 on their behalf for a Not -to -Exceed amount of $47,472.00. ATTACHMENT Andersen Andre Consulting Engineers Inc. Amendment No. 1 to Work Order No. AACE-1 APPROVED AGENDA ITEM FOR June 7, 2022 138 C:\Gra n icus\Legistar5\LS\Te mp\d36a4e4e-c037-4cbe-a362-Sb5b375&93f.doc AMENDMENT 1 TO WORK ORDER AACE-1 MOORHEN MARSH LOW ENERGY AQUATIC PLANT SYSTEM (IRC -2107) This Amendment oto Work Order Number AACE-1 is entered into as of this day of , 2022, pursuant to that certain Continuing Contract Agreement for Continuing Geotechnical Engineering Services dated December 4, 2018 and amended as of December 7, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ANDERSEN ANDRE CONSULTING ENGINEERS, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number AACE-1 , Effective Date April 20, 2021. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: ANDERSEN ANDRE CONSULTING ENGINEERS, INC. By: Print Name: Peter G. Andersen. P.E. Title: Principal BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 139 ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Geotechnical Engineering Construction Materials Testing Environmental Consulting Indian River County Board of County Commissioners Pubic Works Department 180127' Street Vero Beach, FL 32960 Attn: Mr. Richard Reichenbach, P.E. REQUEST FOR AMENDMENT TO WORK ORDER NO. AACE-1 MOORHEN MARSH LEAPS PROJECT (IRC -2107 INDIAN RIVER COUNTY, FLORIDA AACE File No. 21-163 May 23, 2022 Andersen Andre Consulting Engineers, Inc. (CONSULTANT) is pleased to provide Indian River County (CLIENT) with this Request for Amendment to Work Order No. AACE-1 in connection with the construction of the Moorhen Marsh LEAPS project. The estimated cost of this Request for Amendment to Work Order No. AACE-1 is $47,472.00 as detailed below, and is requested relative to additional man-hours and concrete testing. Please contact our office if you have any questions or if you require additional information. • Concrete Testing; - 30 sets of concrete cylinders during normal hours @ $88.00/set .......................... $2,640.00 - 30 sets of concrete cylinders during early/late hours @ $88.00/set x 1.5 .................... $3,960.00 • Senior Engineering Technician(l); - 6 weeks @ 40 hrs/week during normal hours @ $59.00/hour ........................... $14,160.00 - 6 weeks @ 40 hrs/week during early/late hours @ $59.00/hour x 1.5 ..................... $21,240.00 • Senior Project Engineer; 12 weeks @ 3 hrs/week @ $120.00/hour .............................. $4,320.00 • Technical Secretary; 12 weeks @ 2 hrs/week @ $48.00/hour................................... $1,152.00 TOTAL ............................... $47,472.00 [')Note: Our original budget included technician man-hours for 20 weeks, 40 hrs/week, Monday -Friday, 8AM to 5PM. We are presently on Week No. 31 and anticipate an additional 10-12 weeks will be necessary for project completion.] Best Regards, ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Peter G. Andersen, P.E. Principal Engineer 834 SW Swan Avenue, Port St. Lucie, Florida 34983 Ph: 772-807-9191 Fz: 772-807-9192 www.aaceinc.com 140 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Approval of Amendment No. 3 — FDEP Grant Agreement No. S0839 for Construction of an Oyster Reef Along Foot Island in the Indian River Lagoon DATE: May 23, 2022 DESCRIPTION AND CONDITIONS On March 8, 2016, Florida Department of Environmental Protection (FDEP) entered into grant Agreement No. 50839 with Indian River County, committing up to $50,000 on a cost reimbursement basis for construction of an oyster reef project in the Indian River Lagoon (IRL). No local match is required. The intent of the grant was to construct an oyster reef project as a way to improve water quality conditions of discharges from the 45th Street drainage ditch into the Indian River Lagoon and to construct new potential habitat for marine animals. Upon closer investigation, the 45th Street site was deemed unsuitable to support the proposed oyster reef and the project was relocated to Foot Island, a small island in the IRL a short distance south of the S.R. 60 Bridge and west of the Fire Rescue Station 2. The project has also become a partnership with the City of Vero Beach, with the City providing bathometric survey services and a seagrass survey and the County providing design drawings, permitting, bidding, and construction management services. Due to on-going delays experienced with obtaining the necessary permits and/or permit exemptions for the Foot Island Oyster Reef project, the County had requested an extension to the current grant terms identified in Amendment No. 2 which required the project be completed by March 31, 2022. As a result of the County's extension request, FDEP issued Amendment No. 3 which extends the construction completion date to June 30, 2024 and the Agreement expiration date to December 31, 2024. The purpose of this agenda item is to request Board of County Commissioner approval of Amendment No. 3 to FDEP grant 50839. FUNDING The grant requires the County to construct the project prior to reimbursement. Funding for the grant revenue and expense has been budgeted for $50,000 in the General Fund/Indian River Lagoon Division. 141 Approval of Amendment No. 2 to FDEP Agreement No. 50839 Agenda Item for June 7, 2022 BCC Meeting Page 2 of 2 Funding Source Amount General Fund/Indian River Lagoon Fund/ Other Professional $50,000.00 Services/Foot Island Oyster Reef. Account #00128337-033190-16014 RECOMMENDATION Approve Amendment No. 3 to FDEP Grant Agreement No. S0839 and authorize the Chairman to execute it on behalf of the County. ATTArwhAFIUTC Amendment No. 3 to FDEP Agreement No. 50839 APPROVED AGENDA ITEM FOR JUNE 7. 2022 142 AMENDMENT NO.3 TO AGREEMENT NO. S0839 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment to Agreement No. S0839 (Agreement), as previously amended, is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Indian River County Oyster Bed Project (Project), effective March 8, 2016; and, WHEREAS, the Grantee has requested an extension of the Agreement due to unanticipated permitting delays; and, WHEREAS, other changes to the Agreement are necessary. NOW THEREFORE, the parties agree as follows: Section 2 of the Agreement is hereby revised to change the expiration date to December 31, 2024. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2. Section 32. is added to the Agreement as follows: REFUND OF PAYMENTS TO THE DEPARTMENT Any balance of unobligated funds that have been advanced or paid must be refunded to the Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to the Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 3. Attachment A-2, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-3, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment A-2 shall hereinafter refer to Attachment A-3, Revised Grant Work Plan. 4. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0839, Amendment No. 3, Page 1 of 2 143 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. INDIAN RIVER COUNTY Lo Authorized Signature Peter D. O'Bryan, Chairman Print Name and Title Date: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 0 Secretary or Designee Angela Knecht, Division Director Print Name and Title Date: Evan Beitsch, DEP Grant Manager Zachary Easton, DEP QC Reviewer List of attachments/exhibits included as part of this Amendment: Specify Type Attachment Letter/ Number A-3 Description Revised Grant Work Plan DEP Agreement No. S0839, Amendment No, 3, Page 2 of 2 144 ATTACHMENT A-3 REVISED GRANT WORK PLAN PROJECT TITLE: Indian River County Oyster Bed Project PROJECT LOCATION: Latitude/ Longitude: 27.651817, -80.371698 PROJECT BACKGROUND: The Indian River Lagoon has more than 2100 species of plants and 2200 species of animals making it North America's most diverse estuary. Indian River County (Grantee) is committed to protecting and preserving the Indian River Lagoon. In the past, the Grantee has successfully established an oyster bed reef in an area adjacent to Spoonbill Marsh in Vero Beach, Florida, which has reduced the amount of total nitrogen (TN) and total phosphorus (TP) entering into the Indian River Lagoon in the area. The Grantee wishes to continue its efforts by constructing a living shoreline/oyster reef along the shoreline of Foot Island. Foot Island is a roughly 2,750 sq. foot island located within Vero Beach, Florida. Evidence of erosion has been observed along the western and southern portions of the island where dead mangroves were exposed, likely due to boat wake and a relatively large fetch. The purpose of the proposed oyster reef would be to a) stabilize the Foot Island shoreline and b) improve water quality conditions of discharges from the adjacent Florida Department of Transportation (FDOT) outfall pipe into the Indian River Lagoon. At this point in time, the project's conceptual design is complete and the Grantee has received permission from the Indian River Board of County Commissioners to proceed with the proposed project. PROJECT DESCRIPTION: The project will require the Grantee to construct living shoreline/oyster reef along much of the Foot Island shoreline with emphasis on the western and southern portions of the island. The southern and western portions of the island are also adjacent to the FDOT outfall pipe. The oyster bags will be stacked to create void spaces throughout the reef structure of differing sizes, dimensions, and openings to the Indian River Lagoon. The proposed oyster reef is approximately 27,500 square feet. The reef location is close enough to the Foot Island that it will not inhibit the navigability of the area. The reef provides a habitat for attached and encrusting organisms such as oysters, and other invertebrates such as stone crabs, juvenile fish species, and game fish species. In turn, the reef will act as an in-situ water treatment system to facilitate the removal of total nitrogen (TN) and total phosphorus (TP) from stormwater discharged through the FDOT outfall into the Indian River Lagoon. The reef is self-perpetuating in that the attached and encrusting invertebrates and turf algae will continue to overgrow any bare areas created in the future. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Construction Deliverables: The Grantee will construct an oyster bed reef in accordance with the construction contract documents. Documentation: The Grantee will submit 1) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 3) a signed Engineer's Certification of Payment Request (as applicable). Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. DEP Agreement No. S0839, Attachment A-3, Page 1 of 2 145 Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task Budget Budget Task Start Task End Task Title No. Category Amount Date Date 1 Construction Contractual $50,000 07/01/2015 06/30/2024 Services Total: $50,000 Note that, per Section 4 of the Agreement, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Grantee with this and future requests for extension. DEP Agreement No. S0839, Attachment A-3, Page 2 of 2 146 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: May 20, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Robert J. Tobar, EI, Utility Design Engineer Subject: Amendment 2 to Work Order No. 3 for Bowman Consulting Group, Ltd., West Wabasso Septic to Sewer Phase 313 Background/Analysis: On June 22, 2021, the Board of County Commissioners (BCC) approved Amendment 1 to Work Order (WO) 3 for Bowman Consulting Group, Ltd. (Bowman) for professional services related to the design of the West Wabasso Septic to Sewer (S2S) Phase 3 project. The goal of this project is to eliminate septic systems and connect homes to the County sewer system. West Wabasso Phase 3B will consist of 59' Avenue and 58" Court, directly south of County Road -510 in Vero Beach. Indian River County Department of Utility Services (IRCDUS) is recommending the BCC approve Amendment 2 to Work Order No. 3 to Bowman Consulting, Ltd., for a lump sum amount of $7,540 for civil design services. Funding: Funds in the amount of $7,540 are available in account number 472-169000-21512, Impact Fee/WIP/ West Wabasso Sewer Phase 3. This comes from Utilities capital funding, which is generated from impact fees. Account Name Account Number Amount Impact Fee/WIP/West Wabasso —t Sewer Phase 3 472-169000-21512 $7,540 Recommendation: Staff recommends that the Board of County Commissioners approve Amendment 2 to Work Order No. 3 for Bowman Consulting, Inc., for a lump sum amount of $7,540 and authorize the Chairman to sign, upon approval. Attachments: 1. Amendment 2 to Work Order No. 3: Bowman Consulting, Inc. 147 M6 CCNA2018 WORK ORDER 3 — AMENDMENT 2 West Wabasso Septic to Sewer Phase 313 This Work Order Number 3 — Amendment 2 is entered into as of this _ day of , 2021, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Bowman Consulting Group, Ltd. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Bowman Consulting Gro" d. OF INDIAN RIVER COUNTY By: By: , Chairman Print Name: Erik Juliano, P.E. Title: Branch Manager BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney SCOPE OF SERVICES We propose to provide the following services: Task 1 - Civil Design Services (Bowman Consulting) System Re-evaluation and Design 1. Phase 36 has been re -designed to remove the future development/improvements from the properties to the south of the neighborhood. This resulted in raising the sanitary elevations on the gravity sewer system and lift station wet well for a cost savings on construction. The lift station was redesigned for the reduced flows. 2. Phase 3A lift station has been relocated to address 8596 as directed by the County Utility Department. The gravity sewer main has been redesigned to accommodate the relocation of the lift station. EXHIBIT B — FEE SCHEDULE COMPENSATION We will provide the requested services on a Lump Sum Cost, with estimated task breakdown below: Design Services: Task Design Services Fee 1. Civil Design Services Bowman $7,540 Grand Total $7,540 149 Pow11� L,'' man 5/4/22 Estimated Staff Loading For: Indian River Co. Utilities - West Wabasso Septic to sewer Amendment 2 TASK Sr Proj Mgr Sr Engr Proj Engr Engr Sr Dsgnr Clerical TOTAL Task - Design Services 0 1. Phase 3B Redesign 4 4 10 4 10 2 34 2. Phase 3A Redesign 4 4 8 4 6 2 28 0 0 0 Staff By Category Totals 8 8 18 8 16 4 62 Billing Rate ($/hr) $165 $150 $130 $100 $105 $50 Total Personnel Cost ($) $1,320 $1,200 $2,340 $800 $1,680 $200 $7,540 Staffing Ratio (% of total hrs 12.9 12.9 29.0 12.9 25.8 6.5 Average Personnel Cost ($/hr) 121.61 Description of Other Project Costs VALUE ($) Total of other costs ($) $0 Total Estimated Project Cost () $7,540 West Wabasso Fee Est 20220504.xls 150 MIN Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: May 18, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Subject: Reclaimed Water Agreement between Indian River County and New Indian River Club Inc. Background/Analysis: In June of 2021, county staff met with New Indian River Club, Inc. (NIRC) President, Marybeth Cunningham, to renew discussions about supplying reuse water to their site and renewing the original 1996 Reuse Agreement (Attachment 1). What transpired from those discussions is what is being presented to the Board of County Commissioners (BCC) for review and approval. A proposed Reclaimed Water Agreement (RWA) between Indian River County (IRC) and NIRC Attachment 2 and Exhibit A of the agreement includes a legal description and aerial map of the areas to be irrigated. The following highlights of the agreement are listed below: • There is a phased approach for increasing the fees and charges for reuse water that is delivered to the NIRC property denoted by dates and amounts below: — Phase 1: $0.15 per 1,000 gallons for reclaimed water delivered to the Property up to 200,000 gallons per day until December 31, 2022 — Phase 2: $0.18 per 1,000 gallons for reclaimed water delivered to the Property up to 200,000 gallons per day From January 1, 2023, to December 31, 2023 — Phase 3: Beginning January 1, 2024, NIRC shall pay the prevailing rate, which currently is $0.22 per 1,000 gallons for reclaimed water delivered to the Property up to 200,000 gallons per day • After Phase 3, NIRC will continue to be billed at the prevailing rate approved by the BCC, which is currently $0.22/1,000 gal (November 9, 2021, BCC approved rates) • Term: 20 years beginning on the effective date • Cancellation: 180 days' notice • NIRC is responsible for complying with the Florida Department of Environmental Protection (FDEP) regulations and associated reclaimed water treatment requirements • This agreement supersedes the 1996 irrigation agreement Funding: This agreement will result in income to Indian River County Department of Utility Services (IRCDUS). Monthly income amounts will be varied depending on how much reclaimed water is used. These fees will be put into account number 471034-343530, Utilities/Service Charges/Reclaimed Water Sales. 151 Consent Item Account Name Account Number Amount Utilities/Service Charges/Reclaimed Water Sales 471034-343530 Varies Recommendation: Staff recommends that the Board of County Commissioners approve the Reclaimed Water Agreement between Indian River County and the New Indian River Club, Inc., and authorize the Chairman to sign on their behalf after review and approval by the County Attorney. Attachments: 1. 1996 Indian River Club Agreement 2. Reclaimed Water Agreement between Indian River County and The New Indian River Club. 3. Exhibit A 152 n AGREEMFjy'1' FOR THE DEI.,FVERY OF RF. -USE WATER between . INDIAN RIVER COUNTY, FLORIDA and THE INDIAN RIVER CLUB, LTD. THIS AGREEMENT, made this S day of ' .e 199, by and between ' INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is ,1840 25th Street, Vero Beach, FL 32960 (hereafter County), 1 THE INDIAN RIVER CLUB, LTD., a Florida limited partnership, the address of which is 2055 U.S. #I1 S., Vero Beach, FL 32961 (hereafter Owner), WITNESSETH: WHEREAS, County operates and maintains publicly -owned regional wastewater treatment plants producing re -use water which may be used to irrigate citrus groves, pastures, golf courses, urban residential lawns and other properties; WHEREAS, Owner presently owns a golf course that is ]mown as Indian River Club Golf Course, which is more particularly described on Exhibit "A" attached hereto and which can use the re -use water for irrigation; . WHEREAS, in compliance with the conditions of issuance of the St. Johns River Water Management District Permit (Consumptive Use Permit), the Owner understands that using re -use water for irrigation and other purposes before using a higher -quality water source is required in water Conservation Rule 40C -2.301(f) and (g), Florida Administrative Code; WHEREAS, the County has other alternatives available for disposition of re -use water, .including but not limited to spray distribution on wetlands owned by the County; and WHEREAS, the County will make available to Owner re -use water and the Owner will utilize the re -use water in accordance with the terms of this Agreement and the Consumptive Use Permit. NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration including the mutual covenants herein contained, the receipt of which is hereby acknowledged, County and Owner agree as follows: 1. County ,shall deliver and Owner agrees to receive re -use water at Owner's property at a mutually agreeable point. Owner, at its expense, will install a transmission line from the boundary of the tubdivision being developed by Owner to storage ponds located within or adjacent to the golf course. Any such construction shall be in accordance with plans subject to the reasonable approval of the County. Owner and County have entered into an Agreement dated January 19; 1995,te rsuant to which Owner, at the County's cost, will construct a re -use water transmission line. County shall be responsible for acquiring any easements necessary for Owner to construct the transmission line and to connect such transmission line to the boundary of the subdivision being developed by Owner. 153 2. Owner shall utilize re -use water for golf course irrigation - purposes, Notwithstanding anything to the contrary, Owner shall, subject to the terms of the Consumptive Use Permit, have the right to use ground water to irrigate the golf course to the extent there is insufficient re -use Ater available to Owner. Owner shall have the right to permit Indian River Club Community Association, Inc. (the "Association") to utilize the re -use water for irrigation, The Owner may require the Association to pay a portion of the costs incurred by Owner for the acquisition and use of re -use water. 3. The term of this Agreement is ten years. This Agreement shall be renewed automatically for successive ten-year terms at the expiration of any preceding term, unless any party notifies the others of cancellation by written notice not less than 90 calendar days in advance of the expiration date of the preceding term. 4. County shall install a re=use water meter at a mutually agreeable point of delivery on Owner's property to monitor the volume of re -use water delivered to Owner and shall allow County access to meter for maintenance reasons. County shall install, at the site of the meter, water flow control facilities which can be utilized by Owner in controlling the acceptance of re- use water to be stored in Owner on-site storage pond. The cost of the re -use water meter and water control facilities will be paid by Owner.' 5. County will allocate a volume of 300,000 gallons of re -use water per day for Owner. Owner shall control the volume of re -use water accepted, stored and utilized by Owner. Notwithstanding anything to the contrary, Owner shall not be obligated to accept re -use water which does not meet the standards set forth in section 7 below, or at any time the Owner's storage ponds are at or nearing capacity. In such event the County shall use other disposal alternatives reasonably available to the County. If the County determines in its sole discretion that it does not have sufficient quantities of re -use water to service all of its re -use water customers, then the County shall make available to the Owner the first Three Hundred Thousand (300,000) gpd- 6. There shall be no charge to Owner for the re -use water during the initial term of this Agreement. Thereafter, any re -use water provided to Owner shall be the then current rate for re -use water as established and approved by the Board of County Commissioners. The rate charged shall be reasonable and nondiscriminatory. The rate shall be no greater than the approximate cost to County of producing and providing re -use water to users thereof. Such costs shall be fairly allocated to the provision of re -use water and wastewater treatment. 7. County warrants that the re -use water has been treated by a method sufficient to rdmove harmful levels of bacteria, viruses, and other constituents which would pose a danger to human health or cause it to be unsuitable for purposes of irrigating said golf course and meets EPA and FDER standards. When the County determines that the re -use water has dropped below the applicable governmental standards it shall not thereafter deliver the re -use water to the Owner until it has retested the re -use water and determines the re -use water meets the applicable governmental standards. County shall, immediately after it determines the re -use water fails to melt the standards set forth in this section, use its best efforts to repair the wastewater system to permit the County to deliver re -use water that meets the applicable governmental standards. Agreement For the Delivery or Re -Use Water Page -2- 154 8. Owner covenants that it shall not directly discharge re -use water into any body of water in the State of Florida other than the ponds and lakes owned by Owner. Owner will take all reasonable precautions to prevent the use of re -use water received as potable wa�t_er. "Re -Use Water in Use" warning signs shall be erected in strategic places to prevent consumption of the water. 9. If, through no fault of the party involved, any federal, state, or local government or agency (excluding County) fails to issue necessary permits, grant necessary approvals, rr requires a material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to this Agreement to reflect the change in condition. If it becomes impossible or impracticable to perform under the terms of this Agreement because of the above, then this Agreement shall terminate and the parties shall have no further obligations to the other. 10. This Agreement may be recorded in the official public records. The obligation to accept re -use water shall be condition which shall run with the land and shall bind subsequent owners of the property for the term of this Agreement. IN WITNESS WHEREOF, County and Owner have entered into this Agreement on the date first above written. Attest: ,` `, � • _r .:' �-'— ,�^�'�--� `"'stir � Jeffrey B Clerk Witness Print Name Witness Print Name INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: �a, 6 Fran B. Adams, Chairman THE INDIAN RIVER CLUB, LTD. a Florida 'mited partnership B c.E tNEst V� Indian River General Partner, Inc., a Florida corporation, U eneral partner Agreement For the Delivery of Re -Use Water Page -3- 155 STATE OF FLORIDA COUNTY OF INDIAN RIVER BEFORE MV=., the undersigned authority, personally appeared Fran B. Adams and I.K. Barton respectively as Chairman and Clerk to the Indian River County Board of County Commissioners, on behalf of said Board. ICIA M. RtdC�Gt-/ a:�:, De.Pu7/ CCfz'K F6L WITNESS my hand and official seal in the County and State last aforesaid this day of, 1996. ry� PATFU A L JONES Notary Publi !.n' Mk"SSI{}t! l CC4368 12 EJ(PIRES -d FoEruiry 25, 1994 DORM0 TTw may FACT *Cu wW a. 0C. (Official Seal) ina:ti fln r AGG`o'trd [r>, :e STATE OF FLORIDA COUNTY OF INDIAN RIVER Aarr'rL y I Z67 4 i to 9 BEFORE ME, the undersigned authority, personally appeared Rodger I. �w�rrT known to me and known by me to be the Yrce Feesi.oAryr of Indian River General Partner, a Florida corporation, as general partner of The Indian River Club, Ltd., a Florida limited partnership, and acknowledged before me that he executed the foregoing as such officer for and on behalf of said limited partnership. He has produced a Florida Driver's as identification or is personally known to me. _ WITNESS my hand and official seal in the County and State last aforesaid this is41day of 4-) c,+ 199,5. (Official Seal) August S, 1996 iadian/water.agt Notary Public Agreement For the Delivery of Re -Use Water Page --4- C,.dita Harvey rY p::Air- Sttty of Florid: n til iTiris Apt 17. 2000 No CC548388 Mu Tttk4r Y►nry 4a rtrf I -� x74) 723-0 t 21 156 • 44-4.WP...IIaI a •. AtI—tharo-certllh -frattrfr, Fireelr af'land'-lyI Sn'"SKtlo.f'ITo-mixif sogrF. —' .;+1191 40 East and Section 34, To mshlp 33 South, Rlfiye 11 tilt. Indian Rlrrr G wolf, Flarias, afore particularly deicrlbld as follows: PARCEL 1 FARLEL 'A' lath At in iron rod and cep ate ad L.A. 4114 located at the tnteraectton of %he Horth rlght•af-why lana of latarsl canal 1.10 and the (asterlr right-of•wlr 1SM of 12th Avoaul S.Y. 11ha,.n on LM plat of Vero $each HtphlAnds Unit i as recorbod In Fitt look 6, rage 341. Pvbltc Records of Ia41AA River C;.unty, Ilorldit thence, Korth 00' 01' t7' tilt, olon 1414 Cast right -if -Why line a distoncs of 104.94 feet to e feutW Iter rod end cep strvv d P.L.S. 3431 and a poln{ of currattrre; thanca &I"g a curve to the fight having a delta or t0' OJ' Il`, t ridiul of ti feat 14 In length of 31.37 fait to a found Iron rod end cap sttsped i.L.i. 1666 end the paint of tingeAey and 4110 being the South right-of-wly 1111/ of 11th Placa S.W. according to 11d Flat of YotO It ILh HigQhlands Unit It ekance South ' 4Z' IS, tact ala4 Bald South rtf{ht- on af•wy lima, a h distlnca of 1.$60,-60 fret to a sat irrod aAd cop stLapod,t.1. 41114 lacktsd 70.90 fort Veit of tNa East right-of-vsy lin. of Itk Avinul S.W. 11 JAo+r�{ On Plat of yero leech RtgAlslods Wit Z, as ncordid ti Plat Lok 1, ►apo 77, Peblit Aeeards of 11141411 River GbuAty, Florldit tk hc4 south 00. 11' it' West along a lino 70.00 feat llflt Wad Parlliel u acid East rt •►f -stay Jim of Ith AvanuA S.Y., a dlctance of 930.!.6 (Ott to A lot Iran rad a++d 41pp 1tee od L.A. 4644 and the Forth rilnt-of-ray lime of Lateral Canal 1-10; th4ree Myth t!' 42' OQ' Veit aloha laid North right-of-wsy lint of Lateral C41t4i i-10. A dlstsace of 2,174,17 fait back to Sha referred oint of tohereIn.Ise16-f t Afnraltlonalot r11 of puroages-inlrjUna �frl or lacy. 6x11 ac n aye T06ETWER WITH PAUIL 't' [eiiA at in iroe rod and cap 1ta.uvd L.A. 4444 locatod ow the South right-of-way lino of Lataral Canal 5.10 or the L4vtharly projectloa of tM eawterllAo of Ith avenue S.W. octardln to the Plot of Vero Lesch Highlands Unit Z a-6 rfterded in Flat took 1. pays 77, Public Records of I^dIaA River Count , Flerid< thence Utrth At' 47' WWatt lion! said South right-of-way line of L1 oral C4n4l -10. a distance of !.&06.12 foot to a oft Iran rod and ca pp sta.p4d L.I. 4-644 a*d the inLorsectlon of the Cast right -of• way line of 12th Road S.If 4tcordtnp 1p the Pitt et Vora taAch HtQh1a>,ds Unit S, as recorded in Plat stook I )ago Sit, Pvb11t Keterd! of Irsdia,+ River County, FlorSdal thanca loath 00' Dd' E71 Best, alms said Eastkt•sf-way 1iM , s dittlnce of I30,S1 telt *to a set iroel rad and oa0 Itarped tele 4644"!M a joint of curl4turst thfncs 110110 A earns tf the left iavt A delta of 2t' 33' 13', a radlas of 2S1.111 IM arc length of 134.20 felt to a sot iron rod VW tip rt.sROW L.S. 4144 2nd tA1 point of LATIT; ryy; thou cordti" along slid Geterly rig*t-of-wy Itns of 12th Road S.Y. Savth tt` ZS' 43' East, a distance of 911.!5 feet to A tot ir" rod and top aiaa�pp b lel. 4144 and a PO At of curvetural the es al W4 a canna LA the left hevin9 A lilt, of t0. 17' 03'. a radius of IN -30 fast eA arc lrngth of 271.1.2 fret to a sat Iron rod and cap stesp*d L.A. 4644 and the meant of taeAS:yt thence continus slonq the North rt ht -of -say line of ISM Stradi S.V, as *1 ih� and ea the Plat of V1r* Itacl% Rlrll unit 6, at recorde4 to Plat look I, Pate I K 140 And SK, Public Rtcorda of IM tIn Atvlr.County, Florida! tNnet South 1f 42' �1' telt a dtst-6ncs of•3,111.20 foot to a sat Iron rod &Ad coy stAmW L.A. 4411 and 1 point of wrvsturti thin;+ IIWV a curve to thf lift having 4 Iolts of 21' 77' 0I1, 1 ra.fSU or t3g.16 fort an arc 1fn1tk of 21-6.23 to a net Iron r*d gad cap itae*ed L.I. 4644 oho point of ta�oncyt U*Ace continua along 2111d Xsrth richt-6r-+Pty lin+ of Urd Street S.V. Barth I9' S1' 41' Eget, 1 IlltuKt a/ I.D�1o.t0 fret to I sat tram rod sad cap stviged L.A. 4144 And the proposed V11t.arly r4 ht-of•way 1IA1 (proposed 60 fe0t right-of-wl��rr) of 11th Avinve S.W. chit Ilan Morth of t�rl itriat S.W. sod Is lor_Ated on ts,e wrtherlext.ttllon of Ith AvlAuf S.W, is recorda+d Io Official Racord look 64l, Pope l 1641, IL I and Illi, h olic Atcords of Jndlar River Cou+sty, floridl; thfAto s4rl► I1' 19' 51' West 41069 s41d proposed WeIterlr rl4ht•of•v4y 1in4, a dlst4rnei of 702.07 root to a 1st iron rod and CID M u"d L.B.4146 and the Intirticti" of the Uutl right-of-way llho of literal Canal I.10; Lhtncl Korth 92' All air Vett along laid South right -of -w U IIAe of ttlerel Canal 1.10 2,203.14 fist back to the Point of 9"11%niA9. Contiln169 I fist sirs ff 11f.71 acres Hari or less. (All icriagf referred Lo htroln Is for informational PUPPOaai 0Aly) GOntin�ed.,, (page i of 3) 95/16%96 14: IS CHERRY L SPENCER 40?62700?S TOCETSER MR PAACEL 1*0nnin9 it the lntirsecticn of AA n9af 3f and 10 Eaft With the South right•of•rsy list of Lateral Canal e•10j ths*Cl harth It' a1' 3G' Matt along 1143 South ript+t•of• va.Y line, a distance of 2i�.li fact to 3 set iron rad and tip ILLWd 1.1. 4144; ty,et►ce So 00' I6' 22' West. A distance of 50.00 Asst to l oat iron rod red cep staAPW L•1. 4144; thence South 60' ao' lo' West, r distance of $o.Dl fall to a sod iron rod and cap It4ap L. 1.4 644fsM the pro;os* Cott thLt laarlsortltolflard Streline et S.W. (proposed to foot rtqhof tato proposed Eastarlr rt ht-of•wy Ile: 11 located +n the wrtmrlyy oxti,ltion of 6th Ararrut t.tf„ at rocord4d in Official Rrcor4 :4ok 647, F6981 1641, 1' 1 end dls6td,3alastq Pvbltc Aecordt of lnd(iA River County. rofgLh ; _ tka proposes tasterly right -of -rale lid 16i1tindYtM latartatttontol tAtfNorth trightt to 1 Aft Iran rod Ind cap it+rF+d L• of-rsy l lna of 21rd Street S.W. as shave on the Plat of Yrrt {a ack ovaty,++F ri t S of racord*d in Plat 3.041 1. Poq+ 164, Nablit Records of lis/ia; livor C(,aty, along said and said pro"31d Easterly rt ht -of -ray Itn+; thanta Nor" 80' 31' 49' Elit Along fatd Berth right-ar-Yar line of 23rd Street S.W., a dtatan'se of I,ISQ.sl rt*t tt i setlCanal Parker Ral*A Nail Ind tat latorsection of the South rig t -of -ray Mara of LateraItil 4-1; thence North "1 31, to, V*lt along laid South r+vnt-of-way 1tr* or Lataril CA J•S, a dtttlnca at III j S reet to the taint of bagihn w rontatAio9 I not arta of 6,S1 Acres more or los;. (A11 acretq+ refirred to har+lln is for ia(or+atloeal purpotes only) Ta(d parcel I contlfntn9 I net area, of 189.11 acrif nor* or lett. TOGEML VITX ?AXEL I c4natal Fllattaf LIMA ofath4 641assRiver3 Firrli Colpy 4tviilaAc"tr cor'osdhlnlatt frri�stlltng 1 ndPb4tnq!{noIA4 116 Riverc COUAty= rlorldl b41 a9Cior+ fullyr4eterisbeddtfa4 fallart: - Le9iAMF4 at the (ntarfectiOA of as tstenslon of Lhe Korth rip�t-of-+tar line of 23rd Pltcs S.K. of Own on the P1st of Y*ro 646th HlOhle'"s tlilit Vivol41 riKo4*ddtth plat Mak a 't;pa lift of the P,rpltc Record[ of Indltn River County, his EAttor�y ripht•Of.WtY ltea ar tt% AV�f+<tla S.W. at raterda#d ilk &ffititl Record look 417, to 1541, 1142 aald 1w, ?(blit siectrdt of trwdiats hirer C44atir Florida. Sold ptiat t,tinogf at a fatted taatrata M�x+M at rite tress d111C VA a point of turvatora to the right; thence Northerly W uo tl+aattarl� itar.q the arc of said curve htrt41 a radius of 260.00 feet and a central ii{le tl 31 I1' 21• for a� arc diatanea of 14 .e9 r.at to A found eencrats "auaae•e +A+�*a A +lot of r`vers@ cU n'� 1f A circular Cuaryl to the lefts thtnte Narthaasta�ly and 1brLMrlr la ! red tut of 640.04 fast and a iostLAits�#4 1111IAnd a �IIInt ofuw,pa,n,4scurvatur* I��a fat( to A found (nacre a ern teeo circular tura* contihulp9 to l4a t*rst tharce ltvrtMrar central fsertMIs of along the arc of said curyl baviep a rLdIVI of SZ1.01 feat and a ttntral angle of I�19:iMo�, for ;n arc 011t4nc6 of t61.?4 fw to A round catcrots .owa nt s }stet of tolomyl Owl N#rtk tt, to' $2,h�6Ot�3!'+e4'atAttlet of 111�portion off O contrite soatp•ant etW##4 11511 South right -of -+ray line of, 23rd Stmt S,Si. a1 iM�rn o+ sIIQIat a Yare Mich Higqhlands unit Fiw t far a (Istanta or 1.21o.is stat I* a tat trot rod sed CAP It -W l.b. 4,144 ted s paint a 4 South right-of-wly Ilse of Casal J -S. thence South "I 3l' 40' East, slanq a perticA of tM laid 3outh terul r!p►t•af•r►y ltn�, a dist4nca of 211.91 fest to a tat tract r.I and tap ftss+pad l.l. 1144 and a point on the W41 torlY right -of -ray tins of Lateral Canal J1 thanta Satttli la' 00, 00• [1st. along a portion of the slid We its fly right•of-War lins�l± t31t0o•aOf �tttISa0dsstanc■ or 44):(24 fiatrloa aonutiont Alms a O.C�:; tMnce Ha .are or less. (All the Point or IIginni Centlietr+4 a eat area or s2oAatea�lt scrsagt rafcrred to Narrilo i; ser Iti onrK eAIionil jvrp Y) tnutd.. (Poet 2 of 31 12 0 LM -o N as c� w t w �•., . � - ... �.flClvi I 8 �� 1 i7 rf (bG f t'>t7 !.i :il rT..l. •3�3 �/ry rMimi Intgo ..,)......._- _�-- • .�-�..--rte forcffct to11 a t w�t�t{tuiljr �etnbN ill�illa10 ("t a►eh ttidR or � *iftt►�►4 h fa at a set iris red and ca ttomV0 L.J. 46.44 at the In1•ro•ct1.a 0 the SW it rig t•of-w y 11" of Moral Casal J -t 1aa t1N Uv th t( ht•11f•jtA Ifni ft lard "k 4, s.ff. �t iwim •a two fiat of Vero hack Nlgklaado Ua1t . ati r•arhQ in rill Malc i, P:r tit, fu111c Roc•rd1 •f Ind1Ni River tiomt�r Fl•ri4bl tWc' South M' 1" 40' E��t alaaq said South right-•f-�f��,yy 11ns� a dtsiiwce of If.Tp t••tl CMM• fouill !t' 3 ' aZ• C;tt, a dlttl1nco sl 371.33 t M tt Maac• South 1�' 3S' N ' [ut, • ilttanco •f tlt.ai fest: Swth 13' ti' ". rant. a d1 t ti t $0.30 fe•tl thWe iwt► 1i• fill • aa• Elite a dt3tanca Qf 3tr.0i flat! tctV a' !� !1• Waal, a distant• of $1.1! fo•tt south 11' 1f0f lf• Wat, a dfltlnet df 17334 flatl South W' 78' ii! Wit. 1 ai'tancl or 11.14 feet; liortk 11. 43f W illy distli 1' ooff, $3.00 1411 X �1'W.liOfa�I tilt, I lift nce ff N .ii t 1 tioru Ci• iS� II' Eajt, i distuKe of 1.13 test; ;era 13 d! 0t' *tt, a dill"* of a11.di f••tt Korth 1S' 30, 3V 1klt, t diltan V of lot,t4 fwtt W1h 17' IS' S:`. volt. a d Utaace of 21t.74 foot( R+rth 144 31' t!• ift4t, a Ilttahtl of 371111 flit to Slid S"th r14ht-of-war lifts of said Lard Str•ot S.Y.{ tksnt• }httk go, 31 tY All, I aist►xo •f 1.04 f•ee eo the Fv1at •f i•gim %4. c4m a{ritM • ?At arta of 11.10 ►ay -s sort or loll. (All acrett• wfsrrt4 u a, "ta is for tafor'si►tlsaal Mr1+ only) I (Ph. 3 of 3) A: "i RECLAIMED WATER AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND INDIAN RIVER CLUB THIS RECLAIMED WATER AGREEMENT ("Agreement") is made this day of , 2022, (the "Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801271 Street, Vero Beach, Florida 32960 (hereinafter the COUNTY) and NEW INDIAN RIVER CLUB, INC.., a Florida Not -For -Profit Corporation, the address of which is 800 Carolina Circle SW, Vero Beach, FL 32962 (hereinafter INDIAN RIVER CLUB). WITNESSETH: WHEREAS, the COUNTY operates and maintains publicly owned wastewater treatment facilities which are capable of producing irrigation quality wastewater effluent (hereinafter referred to as "Reclaimed Water", "Reuse Water" or "IQ Water") as that term is defined by the Florida Department of Environmental Protection (FDEP) for use on grass, woodlands, landscape, pastures, golf courses and other types of approved vegetation; and; WHEREAS, INDIAN RIVER CLUB is a golf club located within a residential subdivision operated by Indian River Club Community Association, Inc. The golf course is located at 800 Carolina Circle SW, Vero Beach, FL 32962, in the unincorporated area of Indian River County described in Exhibit "A". The golf course and the residential subdivision shall collectively be referred to as the "Property"; and WHEREAS, COUNTY and INDIAN RIVER CLUB desire to enter into this Agreement for Reclaimed Water; and NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Section 1. Delivery and Acceptance: (a) COUNTY will deliver and INDIAN RIVER CLUB agrees to receive up to 1,000,000 gallons per day from October 1 to May 31 of non -pressurized reclaimed water and 700,000 gallons per day from June 1 to September 30 of non -pressurized reclaimed water at the Property. (b) INDIAN RIVER CLUB covenants that it shall not directly discharge reclaimed water into any water body of the State of Florida other than to any impoundments owned and maintained by INDIAN RIVER CLUB. INDIAN RIVER CLUB shall take reasonable precaution to prevent the use of reclaimed water received as potable water. Signs shall be strategically posted in accordance with Florida Department of Environmental Protection (FDEP) requirements. INDIAN RIVER CLUB's reclaimed water facilities shall be operated, maintained, and administered in a manner which adheres to the codes, standards, and guidelines established by the COUNTY and the respective regulatory agencies. Page 11089 FAUti1ities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\060722 BCC Agenda Items\Indian River Club Reuse Agreement\Indian River Club Reuse Agreement 05182022.doc (c) INDIAN RIVER CLUB shall use the reclaimed water to irrigate the Property in a manner consistent with all Federal, State and local laws and regulations. Section 2. COUNTY's Liability for Failure to Deliver Reclaimed Water: (a) INDIAN RIVER CLUB understands and acknowledges that the COUNTY will not guarantee the delivery of a set amount of reclaimed water. However, any potential interruption of service, that may or may not be caused through no fault of COUNTY or if caused by others that affects the ability of COUNTY to provide irrigation quality water to INDIAN RIVER CLUB shall be repaired expeditiously by the COUNTY (b) INDIAN RIVER CLUB further agrees that the COUNTY shall not be held liable to INDIAN RIVER CLUB for any damages or expenses incurred by INDIAN RIVER CLUB because of the COUNTY's failure to deliver reclaimed water. Section 3. INDIAN RIVER CLUB's Oblisations: (a) INDIAN RIVER CLUB shall comply with reasonable requests by the COUNTY concerning on-site operations and maintenance including but not limited to all FDEP and St. Johns River Water Management District (SJRWMD) regulations relating to reporting requirements, signs, spraying, and color -coding of reclaimed water equipment. Sign location and color of the posted signs shall be in conformance with FDEP regulations. In addition, exposed reclaimed water piping shall be painted `Panton Purple 522C'. (b) INDIAN RIVER CLUB shall be deemed in possession of the reclaimed water on INDIAN RIVER CLUB's side of the reclaimed water meter, however INDIAN RIVER CLUB shall not be deemed to own the reclaimed water and may not transfer or sell the reclaimed water to any party for use offsite of the Property without written permission from the COUNTY. (c) INDIAN RIVER CLUB may change the location of the site or sites where the reclaimed water is applied provided such change does not interrupt nor diminish INDIAN RIVER CLUB's ability to accept all of the reclaimed water and such change remains in compliance with all Federal, State and local regulations and the terms and conditions of this Agreement. (d) INDIAN RIVER CLUB shall convey to the COUNTY a non-exclusive easement for the reclaimed water meter site and the reclaimed water system. In addition, INDIAN RIVER CLUB shall grant to the COUNTY a non-exclusive ingress -egress easement necessary for the COUNTY to install, maintain, operate, and monitor the reclaimed water meter and reclaimed water system. (e) INDIAN RIVER CLUB shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use, monitoring, and storage of the reclaimed water. (f) INDIAN RIVER CLUB is not obligated to accept reclaimed water which does not meet FDEP Standards but will endeavor to accept as much wet weather reclaimed water discharge as is necessary for continued wastewater operation. Both parties also recognize that adverse weather conditions or unforeseen circumstances may result in a need for reclaimed water greater than the volume set forth in section 7(a). Page Mt FAUti1ities\00_UTiLITY - AGENDA TEMPLATE a GUIDELINES\2022 Agenda 1tems\060722 BCC Agenda Items\Indian River Club Reuse Agreement\iridian River Club Reuse Agreement 05I82022.doe Section 4. Oualitv of Reclaimed Water: The COUNTY will provide reclaimed water meeting the standards set forth by FDEP as defined in the COUNTY's Wastewater Treatment Facility (WWTF) Operating Permits Reclaimed Water. Sampling for conformance with reclaimed water quality shall be performed at the location and frequency defined in the FDEP WWTF Operating Permits at no cost to INDIAN RIVER CLUB. Only reclaimed water meeting FDEP water quality standards will be delivered to the Property. Section 5. Property to be Served: INDIAN RIVER CLUB shall use the reclaimed water only on the Property described in Exhibit "B", attached hereto and incorporated by reference, referenced as Parcel 1 - Parcel "A", Parcel 1 — Parcel "B". Parcel 1 — Parcel "C" and Parcel 2. Section 6. Prohibition on Use of Other Water Resources: Notwithstanding anything to the contrary, herein INDIAN RIVER CLUB shall no longer use groundwater for irrigation except for wells already permitted by SJRWMD for use as backup. Otherwise, INDIAN RIVER CLUB shall relinquish any rights to such use and transfer such rights to be used as credits by COUNTY as permitted by law. Section 7. Fees and Charees: (a) INDIAN RIVER CLUB shall pay the current charged rate of $0.15 per 1,000 gallons for reclaimed water delivered to the Property up to 200,000 gallons per day until December 31, 2022. From January 1, 2023, to December 31, 2023, INDIAN RIVER CLUB shall pay a rate of $0.18 per 1,000 gallons for reclaimed water delivered to the Property up to 200,000 gallons per day. Beginning January 1, 2024, INDIAN RIVER CLUB shall pay the prevailing rate, which currently is $0.22 per 1,000 gallons for reclaimed water delivered to the Property up to 200,000 gallons per day. Any additional acceptance per Section 1 in excess of 200,000 gallons per day of reclaimed water supplied by COUNTY shall not be charged to INDIAN RIVER CLUB. The Parties agree that beginning January 1, 2025, the Parties have the right to renegotiate the charged rate. (b) Except as set forth in subsection (a) above, the COUNTY shall have the sole and exclusive right to set fair and reasonable fees and charges for reclaimed water (usually expressed in terms of dollar amount per thousand gallons). The reclaimed water fees and charges may be changed at any time at the sole discretion of the COUNTY and such charges shall apply to INDIAN RIVER CLUB and this Agreement at the time of such change. (c) INDIAN RIVER CLUB shall be invoiced according to the COUNTY's normal billing practices for water customers. INDIAN RIVER CLUB shall pay interest at the rate in place at the time of any past due amounts from the date the amount came due until the date paid. Written or verbal notice of delinquency is not required for the interest to accrue. Section 8. Reserved: Section 9. Term: The term of this Agreement is twenty (20) years beginning on the Effective Date, as provided above. This Agreement shall be renewed automatically for successive 10 -year terms at the expiration of Page 316N FAUti1ities\00_UTTLITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda items\060722 BCC Agenda Items\Indian River Club Reuse AgreetnentUndian River Club Reuse Agreement 05182022.doc any preceding term, unless any party notifies the other of cancellation by written notice not less than 180 consecutive calendar days in advance of the expiration date of the preceding term. The Term of this Agreement shall run concurrently with the COUNTY's Regional WWTF FDEP Operating Permit serving the area. Section 10. No Direct Offsite Discharee: Unless expressly authorized by a state or federal agency, INDIAN RIVER CLUB covenants that it shall not directly discharge reclaimed water into any body of water in the State of Florida other than the ponds or lakes (impoundment) owned by INDIAN RIVER CLUB. INDIAN RIVER CLUB will take all reasonable precautions to prevent the use of reclaimed water received as potable water. "Reclaimed Water in Use" warning signs shall be posted in strategic places to prevent consumption of the water. Section 11. Amendment: A written instrument executed by the party or parties to be bound thereby may only amend this Agreement. Section 12. Authority: Each party hereto represents and warrants to the other that the execution of this agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. Section 13. Captions: Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. Section 14. Definition: All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. Section 15. Entire Aueement: This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there are no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. Section 16. Governing Law & Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such State and all actions arising out of this Agreement shall be brought in Indian River County. All of the parties to this agreement have participated freely in the negotiation and preparation hereof; accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. Page 410 FAUtilities\00_UTILITY - AGENDA TEMPLATE & GUiDELINES\2022 Agenda Items\060722 BCC Agenda Items\Indian River Club Reuse AgreementUndian River Club Reuse Agreement 05182022.doc Section 17. Multiple Counterparts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. Section 18. Recording of Agreement: The Agreement shall be recorded in the public records of Indian River County. The obligations defined in this Agreement shall be a condition, which shall run with the land and shall bind subsequent owners of the Property for the term of this Agreement. INDIAN RIVER CLUB shall pay for the cost of recording. Section 19. Severability/Invalid Provision: If any provision of the Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. Section 20. Time of Essence: Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the United States or the State of Florida, then, in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. IN WITNESS WHEREOF, the COUNTY and INDIAN RIVER CLUB have accepted, made and executed this Agreement upon the terms and conditions above stated on day and year first above written. Witness (signature) Printed Name INDIAN RIVER CLUB: Date: Witness (signature) Printed Name President Page 510 6 F:\Utlities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\060722 BCC Agenda Items\Indian River Club Reuse Agreement\Indian River Club Reuse Agreement 05I82022.doc STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of , 2022, by , the of , a (state) corporation, on behalf of the corporation, who is ❑ personally known or ❑ produced identification in the form of NOTARIAL SEAL: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, CHAIRMAN ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency: By: Dylan Reingold, County Attorney Approved by: By: Jason E. Brown, County Administrator NOTARY PUBLIC Printed Name: Commission No.: Commission Expiration: Page 6LN FAUtlities\00_UTTLITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\060722 BCC Agenda items\Indian River Club Reuse Agreement\indian River Club Reuse Agreement 05I82022.doc 6/2/2021 Landmar:< Web Utticiat Kecords Jearch EXHIBIT •A" LEI DESCRIPTION All those certain Tracts or Parcels of land lying in Section 31, Township 33 South, Range 40 East and Section 36, Township 33 South, Range 39 East, Indian River County, Florida, more particularly described as follows: PARCEL I PARCEL "A" Begin at an iron rad and cap stamped L.B. 4644 located at the intersection of the North right-of-way line of Lateral Canal B-10 and the Easterly right-of-way line of 12th Avenue S.W. a shown on the Plat of Vero Beach Highlands Unit 5 as recorded in Plat Book 8, Paye 66A, Public Records of Indian River County, Florida; thence, North 00. 09' 27" East, along said East right-of-way line, a distance of 904.98 feet to a found iron rod and csp stamped P.L.S. 3435 and a point of curvature; thence along a curve to the right having a delta of 90. 08' 181, a radius of 25 feet an arc length of 39.33 feet to a found iron rod and cap stamped P.L.S. 3435 and the point of tangency and also being the South right-of-way line of 19th Place S.W. according to said Plat of Vero Beach 11 hlands Unit 5; thence South 89. 42' 15" East along said South right- of-way line, a distance of 2,550.60 feet to a set iron rod and cap stamped L.B. 4644 located 70.00 feet West of the East right-of-way line of 8th Avenue S.W. as shown on Plat of Vero Beach Highlands Unit 2, as recorded in Plat Book 5, Page 77 Public Records of Indian River County, Florida; thence South 000 Il' S9" West aiong a line 70.00 feet West and parallel to said East right-of-way line of 8th Avenue S.W., a distance of 930.23 feet to a set iron rod and cap stamped L.B. 4644 and the North right-of-way tine of Lateral Canal B-30; thence North 89' 42' 00" West along said North right-of-way line of Lateral Canal 0-10, a distance of 2,574.97 feet back to the Point of Beginning. Containing a net area of 54.99 acres more or less. (All acreage referred to herein is for informational purposes only) TOGETHER WITH PARCEL "8" Begin at an iron rod and cap stamped L.B. 4644 located on the South right-of-way line of Lateral Canal 8-10 on the Southerly projection of the centerline of 8th Avenue S.W. according to the Plat of Vero Beach Highlands Unit 2 as recorded in Plat Book 2, Page 77, Public Records of Indian River County, Florida; thence North 89' 42' 00" West along said South right-of-way line of Lateral Canal 8-10, a distance of 2,609.92 feet to a set iron rod and cap stamped L.B. 4644 and the intersection of the East right-of- way line of I2th Road S.W. according to the Plat of Vero Beach Highlands Unit 5, as recorded in Plat Book 8, Page 56C, Public Records of Indian River County, Florida; thence South 00. 09' 27" West, along said East right-of-way line, a distance of 130.56 feet to a set iron rod and cap stamped L.B. 4644 and a point of curvature; thence along a curve to the left having a delta of 29. 35' 1511, a radius of 259.87 and arc length of 134.20 feet to a set iron rod and cap stamped L.B. 4644 and the point of tangency; thence continue along said Easterly right-of-way line of 12th Road S.W. South 29. 25' 48" East, a distance of 928.25 feet to a set iron rod and cap :tamped L.B. 4644 and a point of curvature; thence along a curve to the left having a delta of 60. 17' 031, a radius of 260.30 feet an are length of 273.88 feet to a set iron rod and cap stamped L.B. 4644 and the point of tangency; thence continue along the North right-of-way line of 23rd Street S.W. as shown on the Plat of Vero Beach Highlands Unit 5, as recorded in Plat Book 8, Pave 56C, 56D and 56E, Public Records of Indian River County, Florida; thence South 89 42' 52" East, a distance of 3,271.20 feet to a set iron rod and cap stamped L.B. 4644 and a point of curvature; thence along a curve to the left having a delta of 29. 37' 090, a radius of 538.25 feet an arc length of 278.25 to a set iron rod and cap stamped L.B. 4644 the point of tangency; thence continue along said Northright-of-way line of 23rd Street S.W. North 60. 39' 49" East, a distance of 1,040.50 feet to a set iron rod and cap stamped L.B. 4644 and the proposed Westerly right-of-way line (proposed 80 foot right-of-way) of 6th Avenue S.W. that lies North of 23rd Street S.W. and is located on the Northerly extension of 6th Avenue S.W. as recorded in Official Record Book 667, Pages 1541, 1542 and 1543, Public Records of Indian River County, Florida; thence North 29. 19' 59" West along said proposed Westerly right-of-way line, a distance of 702.07 feet to a set iron rod and cap stamped L.B. 4644 and the intersection of the South right-of-way line of Lateral Canal B-10; thence North 89. 41' 38" West along said South right-of-way line of Lateral Canal 8-10 2,205.44 feet back to the Point of Beginning. Containing a net area of 125.71 acres more or less. (All acreage referred to herein is for informational purposes only) *ON ontinued.. (Page 1 of 3) 0 CM a.G to —a ry Cn https://ori.indian-river.org/searchliindex?theme=.blue&section=searchCritoriaBookPage&quickSearchSelection=# 167 3/5 EilMU11 Landmark Web Uthcial Records Search TOGETHER WITH PARCEL "C" Beginning at the intersection of Ranges 39 and 40 East with the South right-of-way line of Lateral Canal B-10; thence North 89. 41' 38" West along said South right-of- way line, a distance of 265.16 feet to a set iron rod and cap stamped L.B. 4644; thence South 00. 18' 22" West, a distance of 50.00 feet to a set iron rod and cap stamped L.B. 4644; thence South 60. 40' 10" West, r distance of 50.02 feet to a set iron rod and cap stamped L. B. 4644 and the proposed Easterly right-of-way line (proposed 80 foot right-of-way) of 6th Avenue S.W. that Ties North of 23rd StreetS.W. said proposed Easterly right-of-way line is located on the Northerly extension of, 6th Avenue S.W., as recorded in Official Record Book 667, Pages 1541, 1542 and 1543, Public Records of Indian River County, Florida; thence South 29. 19' 69" East, along the proposed Easterly right-of-way line of 6th Avenue S.W., a distance of 570.56 Beet to a set iron rod and cap stamped L. B. 4644 and the intersection of the North right- of-way line of 23rd Street S.W. as shown on the Plat of Vero Reach Highlands Unit 5 as recorded in Plat Book 8, Page 56E, Public Records of Indian Rivar County, Florida; and said proposed Easterly right-of-way line; thence North 60. 39' 49" East along said North right-of-way line of 23rd Street S.W., a distance of 1,150.37 feet to a set Parker Kalon Nall and the intersection of the South right-of-way line of Lateral Canal J-5; thence North 89. 35' 40" West along said South right-of-way line of Lateral Canal J-5, a distance of 973.35 feet to the Point of Beginning. Containing a net area of 8.58 acres more or less. (All acreage referred to herein is for informational purposes only) Said parcel I containing a net area of 189.28 acres more or less. TOGETHER WITH PARCEL II Being a portion of Section 31, Township 33 South. Range 40 East, according to the last General Plat of Lands of the Indian. River Farms Company Subdivision as recorded in Plat Book 2, Page 25. of the Public Records of St. Lucie County, Florida. Said land now lying and being in Indian River County, Florida being more fully described as follows: Beginning at the intersection of an extension of the North right-of-way line of 23rd Place S.W. as shown on the Plat of Vero Beach Highlands Unit Five as recorded in Plat Book 8, Page 56E, of the Public Records of Indian River County, Florida, and the Easterly right-of-way line of 6th Avenue S.W. as recorded in official Record Book 667, Pages 1541, 1542 and 1543, Public Records of Indian River County, Florida. Said point being at a found concrete monument with brass disc and a point of curvature to the right; thence Northerly and Northeasterly along the arc of said curve having a radius of 260.00 feet and a central angle of 31' 13' 26" for an arc distance of 141.69 feet to a found concrete monument and a point of reverse curvature of a circular curve to the left; thence Northeasterly and Northerly along the arc of said curve having a radius of 640.00 feet and a central angle of 31. 31' 11" for an are distance of 352.08 feet to a found concrete monument stamped 1859 and a oint of compound curvature of a circular curve continuing to the left; thence Northerly and Northwesterly along the arc of said curve having a radius of 526.01 feet and a central angle of 29. 20' QI" for an arc distance of 269.30 feet to a found concrete monumentstamped 1859 and a point of tangency; thence North 29. 19' 59" West, a distance of 181.12 feet to a found concrete monument stamped 1859; thence North 60. 39' 49" East, along a portion of the South right-of-way line of 23rd Street S.W. as shown on said Plat of Vero Beach Highlands Unit Five, for a distance of 1,290.36 feet to a set iron rod and cap stamped L.S. 4644 and a point on the South right-of-way line of Canal J-5, thence South 89' 35' 40" East, along a portion of the said SouthCanal right-of-way line, a distance of 214.81 feet to a set iron rod and cap stamped L.B. 4644 and a point on the Westerly right-of-way line of Lateral Canal J; thence South 14' 00' 00" East, along a portion of the said Westerly right-of-way line, a distance of 1579.58 feet to a found concrete 4.0 monument :tamped G.U.C.; thence North 89' 43' 00" West, a distance of 1696.24 feet to -- the Point of Beginning. Containing a net area of 42.39 acres more or less. (Ali 1-0acreage referred to herein is for informational purposes only) 44"NN ontinued... -J (Page 2 of,3) https://ori.indian-river.org/searchlindex?theme=.blue&section=search Criteria BookPage&quickSearchSelection=# 1.68 4/5 oiucuc i LaTIUMalK vveu umuciI meLmuu Jearun Subj*ct to a twenty (20) foot Easewent lying 10 feet each side of an existing fore"ain being more fully described as follows: Begin at a set iron rad and cap stamped L.B. 4644 at the intersection of the South rigqht-of-way line of Lateral Canal 0-5 and the South riyyht-af-way line of 23rd Street ST as shown on the Plat of Vero Beach Highlands Unit 5, as recorded in Plat Book 8, Page 56E, Public Records of Indian River County, Florida; thence South 89. 35' 40" East along said South right-of-way line, a distance of 16.70 feet; thence South 14• 31' 42" East, a distance of 372.33 feet; thence South 13' 35' S3" East, a distance of 219.83 feet; South 13. 59' 30" East, a distance of 509.20 feet; thence South 13. 49' 08" East, a distance of 367.08 feat; South 09. 55, 51' West, a distance of 69.59 feet; South 82. 00► 55" West, a distance of 173.54 feet; South 68. 30' 12" West, a distance of 16.24 feet; North 89. 43' 00" West, a distance of 53.90 feet; North 68+ 30' 12" East, a distance of 68.66 feet; North 82. 00' S5' East, a distance of 161.35 fest; North 09' 65' 51" East a distance of 50.83 feet; North 13. 49' 08" West, a distance of 362.85 feet; Horth i5' 39' 30" West, a distance of 509.24 feet; North 13. 35' 53' West, a distance of 219.74 feet; North 14. 31' 42" West, a distance of 375.45 feet to said South right-of-way line of said 23rd Street S.W.; thence North 60. 39' 49" East, a distance of 4.00 feet to the Point of Beginning. Containing a net area of 0.80 acres more or less. (Ail acreage referred to herein is for informational purposes only) 169 515 Leslie R. Swan Indhiji ltivei, t ocerrty Siipej-i7Sor- of Elections —0 May 27, 2022 The Honorable Peter O'Bryan, Chairman Board of County Commissioners Indian River County Administration Building A 180127 1h Street Vero Beach, FL 32960-3388 RE: Polling Place Update Dear Chairman O'Bryan, FMII VoteIndianRiv er.gov 3375 43rd Avenne Vero Beach, FL 32967 772-226-4700 The Supervisor of Elections appeared before the Board of County Commissioners on May 3, 2022. 1 presented the proposed precinct map, along with the polling locations for each voting precinct. The Board of County Commissioners approved the new map. My office was recently contacted by Holy Cross Catholic Church, located at 500 Iris Lane, indicating that they have reconsidered and would like to continue serving as a polling location. Voters in Precinct 34 (previously Precinct 18) will continue to vote on Election Day at Holy Cross Catholic Church. I respectfully request the Board of County Commissioners to approve the change to the previously submitted voting precinct list. The Supervisor of Elections is extremely grateful to Holy Cross Catholic Church for allowing the Elections Office to utilize their wonderful facility as an Election Day voting site. Sincerely, Leslie R. Swan Supervisor of Elections Enclosures cc: Jason Brown, County Administrator 170 M M co M M M M 00 M M M Co M r—rl_ r— ti C` M O O O O O co N N N co M M M M M (D 't � M Lf) Lf) Lf) Lf) Lf) LO LO CD (D M CQ cc M M M M CD co (D CO CD M M CO CD CO Cfl CO (D co 0) O') O) O O O O CD O CS) C3) 0 0 0 0 0 0 O) O O 0) O O O (Y) 0) O O) O O 0) Cid O) O N N CV N N N N N N N N N N N N C`J N N CN N N N N N N N N N N N N N N N xco, M 0 co co M M M, r M co cM,co co M M M M M M co M M M M M (1)� N L L L L L L L L L L L L L L L L L L L L L L L L U U U C C C C C U U U U U U U U U U U U U U U U U U U M M ca La ca M La ca La ca ca m ca N Ca ca m ca m ca ca ca ca co U) U) U) Co La N m E y m m m m m N CD m m m m m m m m m m m [b CD CD CD CO >>>> C(l CD o---Q-Q-Q-Q-cn-o-co 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 E E CEE 0 0 O LL LL U) U) co U) co U) U) U) 0 0 0 O 0 O O 0 O O 0 0 O O 0 O 0 0 0 > >., > > > > > > > >, > > >_ > > >C6 f0 C_4 (_B > > -6 � -6 -5 C C C C U) 'i '> a) Q) > I- -> >— m Q Q > fn L: + + L +> > + > + > a) C Cn r r r r r 0 o cn c c cn L L Q Q U) U) u Q U) Q > > L ca Q Q Q Q Q L y' -Y (a U a) ❑ ❑ L L L L L L L L Cn U) Q U) Q Q) U) > > > > > C) U U ca >> o o r� r� r� c i o i L L O L L o c J O-) == U) Z Z O U) m m O7 O Lo Cfl LT CO �t N N O O co O M E Lf) z z r Lf) Lf) ❑ co r❑❑ Lf) m O O O O Ln ti O N N d (N LO F— > O r r r r Lf) — lf) O O O r r 0 0 0 Lf) LC) O Lf) O Lf) Lf) CO O7 f— I- O r- Lf) CO O M O O O O Lf) O d' N N O M M M M O M M V'41- Lf) N M N M r— LO CO CD LO CO Lf) O O Lo O O O O ti O r r r r r N f-- - r " r r CD M CD M :I' CO r CO CD M CD C1' CO It r CD CO CO CO M M L L L L L L C C C) i =3 D -. 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L 00 L U p O C C u 0 LL @ CO > E 7 v...L T 1:i T VZ L 2 KC ,V�o O U p=YUU-0 U U LU U C U C p ON Oc of Z U o Y o c Y u o E E •� L L c •� v a > u c u u w u , E° c E L L u o a, c c c c "' Q p c v n E v> O O m m m m O L U Q c L L E to ra c E T O _ o Q) U .Y — Z- Y +- -E U U C d 111 m U Y (6 (6 (6 (SS O O O Y l9 N _i C N U cc O OT U O J LL Z (n N N N vi CC (D U D U LL G O_ C C u = N M m M N m ci -1 N r -I r-1 r•i N M o Lri 00 m o c m Ln Lo I, 00 of m r-1 N Ln I, 00 -i —i .--I r-1 -1 N N N N cV N N N f+1 M N N O N Ln N Ln N /A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Brandon C. Creagan, LEED Green Associate; Senior Planner, Current Development DATE: May 23, 2022 SUBJECT: Bhakta Farms, LLC's Request for Major Site Plan and Special Exception Use Approval for a Farm Based Rum Distillery (Agricultural Industry) with Associated Accessory Residential Units [SP -SE -20-07-26 / 2004020221-86955] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of June 7, 2022. DESCRIPTION & CONDITIONS Mills, Short & Associates, LLC, on behalf of Bhakta Farms, LLC, have submitted an application for major site plan and special exception use approval to construct and operate a farm based rum distillery (agricultural industry) with associated accessory residential units. The subject site is approximately 173.9 acres in size and is located on the north side of State Road 60 approximately 2,723 feet east of the intersection of State Road 60 & 130th Avenue (see attachment 2). The site is zoned A-2, Agricultural -2 (up to 1 unit per 10 acres), a zoning district in which special exception use approval is required for agricultural industries. The proposed project will consist of four (4) phases that will include office space, employee housing, sugar cane/fruit fields, the distillery, barrel/bottling storage areas, a tractor barn, a guard house, a pool/guest house, guest cottages, and expansion areas as needed (see attachment 5). The BCC now needs to consider the special exception use request for the proposed farm based rum distillery (agricultural industry) with associated accessory residential units, conduct a public hearing, and either approve, approve with conditions, or deny the request. Pursuant to Section 971.05 of the LDRs, the PZC is to consider the appropriateness of the requested use for the subject site and compatibility of the use with the surrounding area. The BCC may recommend reasonable conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. PLANNING AND ZONING COMMISSION (PZC) RECOMMENDATION: At its meeting of April 28, 2022, the PZC voted 6-1 to recommend that the BCC grant major site plan and special exception use approval with the conditions recommended by staff (see attachment 1). 173 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 81@BCL@640BD366\@BCL@640BD366.docx ANALYSIS 1. Area of Development: 173.9 acres Note: The area of development is a sub -area of the larger f 900 -acre farm owned by Bhakta Farms, LLC. 2. Zoning Classification: A-2, Agricultural -2 (up to 1 unit per 10 acres) 3. Land Use Designation: AG -2, Agriculture -2 (up to 1 unit per 10 acres) 4. Impervious Area: Proposed: 359,408 square feet or 8.25 acres 5. Building Areas: Office: 3,500 SF Distillery: 5,625 SF Bottling: 7,200 SF Barrel Storage: 42,000 SF Q separate buildings) Total: 58,325 SF 6. Open Space: Required: 80% Proposed: 95.2% 7. Traffic Circulation: The project site will be accessed by two existing driveway connections as well as an emergency access all off of State Road 60. There will also be an internal roadway system to allow access between the different development areas within the site. Based on the project's proposed traffic generation, a traffic impact study was not required. Also, based on the project location and the project's proposed traffic generation, no off-site traffic improvements are required or proposed. The project's driveway locations, design, and internal circulation plan have been reviewed and approved by Traffic Engineering and Fire Prevention. 8. Off -Street Parking: The site plan will provide sixty-nine (69) total parking spaces on site that will be distributed between each phase. Phase 1 will contain forty-one (4 1) spaces, Phase 2 eleven (11) spaces, Phase 3 seventeen (17) spaces, and there are no additional spaces proposed for Phase 4. The bulk of the parking spaces will be located within the distillery area, and the rest of the parking spaces will be situated throughout the residential areas of the project. 9. Landscape Requirements: Due to the fact that all of the properties that immediately abut the parcel are vacant and that all of the distillery operation is contained no closer than 867 feet from any property line, the project will only provide internal buffering, with the exception of the required State Road 60 landscape buffer. The project's landscape plan shows the required landscape improvements, and those landscape improvements shall be installed prior to the issuance of a project certificate of occupancy (C.O.) for each phase with the exception of the State Road 60 landscape buffer that will be required to be installed with the C.O. for Phase 1. 10. Environmental Issues: Based on the environmental assessment provided by the applicant, additional coordination with USACOE, USFWS, and FWC will be required due to potential impacts to listed species (e.g. Audubon's crested caracara, sandhill cranes, wood storks, etc.). Verification of approval/concurrence from these agencies will be required prior to site plan release. The County Environmental Planner has reviewed and approved the site plan pe>f*g C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@640BD366\@BCL@640BD366.docx 2 the above site plan release conditions. No other special environmental features exist within the area of development. 11. Stormwater Management: The applicant submitted a preliminary stormwater management plan that has been reviewed and approved by Public Works. That plan proposes to utilize the existing grove furrows/ditches to convey and treat the minimal amount of stormwater runoff that will be generated by the project. Prior to site plan release, the applicant must obtain a County Type "B" Stormwater Permit pursuant to Chapter 930 of the County LDRs. 12. Utilities: The project is outside of the Urban Service Area and County water/sewer services are not available. Therefore, water/wastewater services will be provided via private on-site well(s) and septic systems(s). The County Department of Utility Services and the Department of Health have reviewed and approved the proposed site plan. 13. Specific Land Use Criteria: Pursuant to LDR section 971.08(2), the following criteria for agricultural industries apply to this project: Agricultural industries may be allowed to locate within the A-1, A-2, or A-3 districts only upon a finding by the reviewing body that such industries are directly related to active agricultural operations and that such industries, due to the characteristics of the operation, would not be more appropriately located in an industrial zoning district; Note: The Subject property is located within the A-2 zoning district, and is a sub -part of a f 900 -acre farm. Therefore, it is staffs opinion that the unique nature of the proposed operation, coupled with the project's location, size, and scale, is more appropriate in the A-2 zoning district, rather than an industrial zoning district. The operation is also directly tied to an active agriculture operation because many of the ingredients will be grown/produced directly on the same project site. 2. All buildings and structures shall be located at least one hundred (100) feet from all property lines; Note: The site plan demonstrates that all structures are at least 100 feet from all property lines. 3. Agricultural industries shall include but not be limited to stockyards, feedlots and packinghouses; Note: The proposed project would qualify as an agricultural industry as there are agricultural components like sugar cane and fruit fields that are being implemented as part of this project. There are also aspects of the project that would be most similar to a packinghouse where produce or other goods are processed, packaged, and distributed. In this case a distillery will be in operation where farm products and ingredients will be processed on-site and then packaged, stored/aged, and distributed to wholesale consumers. 175 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@640BD366\@BCL@64OBD366.docx 3 4. The business must be located in an area designated either as AG or R on the comprehensive plan land use map; Note: It is confirmed that that property is within an area that is designated as AG -2 on the comprehensive plan land use map, and meets the above referenced requirements. 14. Surrounding Land Use and Zoning: North: Agricultural Land, Vacant / A-2 East: 130th Avenue, Residence, Agricultural Land, Vacant / A-2 South: State Road 60, Citrus Groves, Agricultural Land, Vacant / A-2 West: Agricultural Land, Vacant / A-2 All conditions recommended by staff have been accepted by the applicant. RECOMMENDATION Staff recommends that the BCC grant major site plan and special exception use approval for a farm based rum distillery (agricultural industry) with associated accessory residential units to be known as Bhakta Farms Distillery with the following conditions: 1. Prior to site plan release, the applicant shall obtain all required jurisdiction permits as listed on the site plan and verification of approval/concurrence of environmental impact to protected species from the USACOE, USFWS and FWC 2. Prior to issuance of a project certificate of occupancy (C.O.) for each Phase, the applicant shall install all required landscape improvements as shown on the approved project landscape plan. The State Road 60 landscape buffer will be required to be installed with the C.O. for Phase 1. ATTACHMENTS 1. Excerpt from Draft April 28, 2022 PZC Minutes 2. Location Map 3. Aerial 4. Site Plan 5. Overall Landscape Plan 6. Detailed Landscape Plan 176 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@640BD366\@BCL@640BD366.docx 4 Chairman Day read the following into record: B. Bhakta Farms: Request for major site plan and special exception use approval for a farm based rum distillery (agricultural industry) with associated accessory residential units. Bhakta Farms, LLC, Owner. Mills, Short & Associates, LLC, Agent. Zoning: A-2, Agricultural -2 (up to 1 unit per 10 acres). Land Use Designation: AG -2, Agriculture -2 (up to 1 unit per 10 acres). [SP -SE -20-07-26 / 2004020221-869551 (Quasi -Judicial) Chairman Day asked if any members had any ex -parte communication or conflict that would not allow them to make an unbiased decision. There were none. Mr. Brandon Creagan, IRC Senior Planner, reviewed information regarding Bhakta Farms, LLC's request for major site plan and special exception use approval for a farm based rum distillery with associated rental units and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. Mr. Creagan described the special exception process and said that staff has determined the project is appropriate and meets the land use criteria. Mr. Creagan noted there are two public hearings scheduled; one taking place tonight and one at the BCC at a later date. Mr. Creagan explained that tonight the Planning and Zoning Commission is asked to make their recommendation to the BCC for an approval request, an approval request with conditions, or a denial request for the plan. Mr. Creagan showed an aerial map and described the site location is a 900 acre farm located in the A-2 zoning district west of Interstate 95, north of the intersection of Route 60 and 130th Avenue. Mr. Creagan ended his presentation by recommending the Planning and Zoning Commission recommend the BCC grant major site plan and special exception approval for the proposed Bhakta Farms, LLC distillery with conditions listed in the staff report. The commissioners inquired about the necessity of the proposed residential housing units. Mr. Sweeney responded by explaining there is not a change in zoning, but that a special exception approval is being granted for the distillery portion of the agricultural industry and that the residential units are considered a related use or accessory. Mr. Sweeney said that the 3 employee housing units and 4 guest cottages planned are not intended for rental or vacation purposes, and noted that A-2 zoning allows 1 unit per 10 acres. When asked if the expansion of housing would be possible, Mr. Sweeney responded it would not be allowed without a revision of the site plan. Chairman Day asked if the distillery operation would be similar to a winery and whether or not tours, tastings, or a gift shop ...etc. would be allowed. Deputy County Attorney Mr. William DeBraal clarified that any business taking place on site would have to be directly related to the distillery activities. Mr. Mucher asked about the number of employees and if there would be seasonal workers for the sugar cane farm mentioned. Mr. Sweeney said the applicant has grown some test crops but it is still unknown. Mr. Polackwich asked if the definition of "agricultural Attachment 1 PZC Unapproved Draft Minutes 1 April 28, 2022 177 component" is being expanded for agricultural industry, noting the rationale in the memorandum is that the components of sugar cane and fruit fields are being implemented into the project but that it seems far beyond components such as packing houses and stockyards. Mr. Sweeney responded by saying he doesn't feel the allowance is being expanded, noting the scale of the project being a 900 acre farm that is devoting 180 acres to the distillery and production operation. Mr. Polackwich asked if alcohol could be served on the site. Mr. Sweeney said he was unsure and that the issue of whether or not spirits can be served on site is determined by State law. Mr. Sweeney noted that if the site were to try to operate as a bar it would be considered a completely different use and would no longer be considered an agricultural industry as it is under the current proposal. The condition of whether or not to allow served alcohol was discussed. Mr. Phil Matson clarified the proposal before the commission is not for a bar but for an agritourism type industry. Mr. DeBraal reiterated that any activity taking place on site would have to be related to the approved industry and pointed out that a bar is a commercial business with specific zoning regulations that would not be allowed in an agriculturally zoned area. In response to concern about the planned guest and entertainment areas, Mr. Sweeney explained the intent is to entertain guests and clients of the distillery business. Chairman Day opened the item for public comment. Mr. Leo Gibson spoke and explained he has worked for Mr. Bhakta for ten years. Mr. Gibson said they currently have a similar farm based distillery in Vermont and explained the business is a processed food crop. In regard to the housing proposed, Mr. Gibson explained it would be for marketing associates and stockholders to show them the product and operation of the farm. Mr. Gibson said their product will be at an ultra-high price point and described the distillery as a smaller farm -based distillation operation that will have an onsite tasting room. Mr. Gibson explained they have a small scale vision of preserving the farm and catering to an upscale clientele. Mr. Gibson said that the operation doesn't require a large number of employees and that in terms of the residential units planned, expansion is not anticipated. Mr. Gibson encouraged the commissioners to visit the Whistle Pig Farm in Shoreham, Vermont to see their farm in operation. Mr. Mucher asked about the existing use of the property. Mr. Gibson responded that they currently have some cattle and gave some history of the lands use and previous owners. Mr. Polackwich asked if the distilling process produces any odor. Mr. Gibson said very little, and that would probably not be detectible outside of the boundaries of the farm. Resident Lex Kromhout spoke and said that he is not opposed to what is planned but that he shares some of the concerns expressed by the commissioners. Mr. Kromhout asked what would happen with the special exception if the crop could not meet the needs of the distillery, for example, if the sugar cane crop froze. Mr. Kromhout also expressed concern about odors asked if constraints should be set in place if it were to become a problem. In regard to the guest houses, Mr. Kromhout noted they would be about '/4 mile from his property. Mr. Kromhout expressed concern about his continued peaceful enjoyment of PZC Unapproved Draft Minutes 2 April 28, 2022 Attachment 1 178 the privacy and quiet of his land. Mr. Kromhout said he has concerns about noise from parties and that he would like the agricultural area preserved. Mr. Kromhout asked if the cottages planned are being treated as single-family units and noted there is potential for more with the 1-10 units allowed in the existing zoning. Mr. Kromhout again expressed that he enjoys his privacy and doesn't want noise from parties or odors nearby. Mr. Kromhout also commented on the high speed of traffic on SR 60 west of 1-95 with there being little patrolling for speed enforcement. Mrs. Malinda Kromhout spoke and said that she can see the proposed site from her barn apartment kitchen window. Mrs. Kromhout said that, like her husband, she was curious to know if there would be any odor emitted from the distillery and also asked about the height of the buildings. Mr. Sweeney responded that the 35 height limitation applies and the architecture of the office component is approximately 25 feet and that the residential units proposed are single story. Mrs. Kromhout asked if the cottages are going to be classified as single-family residences. Mr. DeBraal responded they would be permitted as a single-family residence and noted that IRC does not have a code designation for a cottage, nor any requirement about how many people can live in a single-family house. Mr. Stewart pointed out the cottages planned are ancillary structures to the distillery operation. Ms. Melissa St. Anne Mittag asked about the square footage of the planned distillery and questioned if there should be a one-time restriction on the square footage. Mr. Sweeney responded that the distillery building planned will be 5,625 square feet and that the larger structures are for barrel storage. Mr. Sweeney explained that the site plan itself is controlling, meaning that if they wanted to expand the distillery or barrel storage by more than 10% the applicant would have to go through the entire approval process again including more public hearings. Chairman Day closed the item for public comment. There was discussion among the commissioners expressing concern the project operation will be as described and whether or not there should be some conditions being that it is a special exception application. Mr. DeBraal commented that Code Enforcement would be responsible for any site plan or noise violations. Mr. Polackwich said that he thinks it would be appropriate to put some conditions in place being the special exception use ordinance speaks to that point. Mr. Sweeney noted the agricultural district has existing noise and odor restrictions. Mr. Sweeney also explained that once the site plan and use is set it cannot be arbitrarily altered and that operational characteristics are controlled by existing code. Mr. Gibson commented that in regard to their existing distillery in Vermont, they have not had any code enforcement action or neighbor complaints. In response to a question about number of employees, Mr. Gibson said he anticipates it will scale based upon the success of the business but that it is not initially labor intensive. Attachment 1 PZC Unapproved Draft Minutes 3 April 28, 2022 179 Mr. Landers asked about where the sugar cane will be grown and if there would potentially be burning. Mr. Sweeney said that he does not believe the scale of growth requires burning. Mr. Sweeney said that they have grown test crops and the applicant feels confident they can yield needed amounts to produce their product. Chairman Day called for a Motion. ON MOTION BY Todd Brognano, SECONDED BY Jordan Stewart. Alan Polackwich OPPOSSED. The members voted (6-1) to approve staff recommendations with its associated conditions on this Quasi -Judicial matter. Commissioners Matters There were none. Planning Matters Mr. Sweeney said he will update the commissioners on the Board's ruling on this matter. Mr. Sweeney said we will probably not hold the first meeting in May but there should be one on May 261H Attorney's Matters There were none. Adjournment There being no further business, the meeting was adjourned at 9:35pm. Attachment 1 PZC Unapproved Draft Minutes 4 April 28, 2022 180 /iii A'CV 0 V 0 J a (a ' X ^ r 5 x,. a i' s' ,e f ."t t is r- on. 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E M to I I I I I Q I I o I a I ------------------------ � I i -----------J I I I o D 0 I Bhakta Farms Distillery Major Site Plan & Special Exception Use Board of County Commissioners June 7, 2022 Special Exception Process ➢ Special Exception Use — Appropriateness and compatibility of the requested use — General criteria for special exception uses — Specific Land Use criteria [971.08(2)] — Two public hearings (1 PZC & 1 BCC) ➢ BCC is to: — Approve request — Approve request with conditions — Deny request I 0.A.1. 06/07/2022 z 65.1 I 0.A.1. 06/07/2022 Aerial 'OO x i J f n �e i 4 I 0.A.1. 06/07/2022 Overall Site Plan Vehicular �1 F1 - - ----- ------------------------------------------------- I �� a.,aea.Mae,c Existing driveway II' i connections to S.R. 60 1 I • j0 connection between Cej project areas Office:3,500 SF I j Distillery: 5,625 SF I Bottling: 7,200 SF I � Bartel Storage: 42,000 SF buildings) I (3 separate Total: 58,325 SF Ij5 ij , ------------ Emergency Acccss Vehicular Access Plan �1 F1 I �� a.,aea.Mae,c Existing driveway connections to S.R. 60 1 I !!tiltInternal roadway j0 connection between Cej project areas �Y 1 Ij5 ij Emergency Acccss - i 185- 3 Overall Landscape Plan -m a S.R. 60 Landscape Buffer Residential area landscaping i Detailed Landscape Plan I 0.A.1. 06/07/2022 I O.A.1. 06/07/2022 PZC Recommendation ➢At its meeting of April 28, 2022, the PZC voted 6-1 to recommend that the BCC grant major site plan and special exception use approval with the conditions recommended by staff. Staff Recommendation That the BCC grant major site plan and special exception approval for the proposed Bhakta Farms Distillery with conditions stated in the staff report, related to: • Environmental & Jurisdictional agency permits • Landscaping 9 10 I 0.A.1. 06/07/2022 -t�, riESTEIEVAiION � Iiiiillllll ELEVATION tic ynfT II � fill VIII ,11I II'll6�i'1 11 l Eli, ffil2W l NORTH ELEVATION =n (!)W- ATION 12 ., EARyow SUIfONOEITERIM ELLWATTONS f"S5- 6 I 0.A.1. 06/07/2022 (S5 1 7 Randi Wardlow From: Sent: To: Subject: Sent from my Whone Begin forwarded message: Dylan Reingold <dreingold@ircgov.com> Tuesday, June 7, 2022 9:39 AM Randi Wardlow Fwd: [External] Bhakta Farms Request for Special Exception Use Approval (SP - SE -20-07-26 / 2004020221-86955) Public Hearing on June 7, 2022 at 9:00 a.m. From: Jason Brown <jbrown@ircgov.com> Date: June 7, 2022 at 9:38:36 AM EDT To: Dylan Reingold <dreingold@ircgov.com> Subject: FW: Bhakta Farms Request for Special Exception Use Approval (SP -SE -20-07-26 / 2004020221- 86955) Public Hearing on June 7, 2022 at 9:00 a.m. From: Ed Offutt Sent: Monday, June 6, 2022 3:09 PM To: Jason Brown <jbrown@ircgov.com>; Phil Matson <pmatson@ircgov.com> Subject: FW: Bhakta Farms Request for Special Exception Use Approval (SP -SE -20-07-26 / 2004020221- 86955) Public Hearing on June 7, 2022 at 9:00 a.m. Gents, FYI on the below. Best regards ed Edwin J. Offutt Commissioner Assistant (Districts 2 and 3) Indian River County 180127'' Street Vero Beach, FL 32960-3388 772-226-1919 (Office) 772-226-1451 (Fax) ya` xN,rf K PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from County officials regarding county business are considered to be public records and will be made available to the public and the media upon request. Your email messages and email address may, therefore, be subject to public disclosure. From: Cynthia <cynthiacolella@gmail.com> Sent: Monday, June 6, 2022 2:18 PM To: Susan Adams <sadams@ircgov.com>; Joseph E. Flescher <iflescher@ircgov.com>; Joe Earman <iearman@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com>; Laura Moss <Imoss@ircgov.com> Subject: Bhakta Farms Request for Special Exception Use Approval (SP -SE -20-07-26 / 2004020221- 86955) Public Hearing on June 7, 2022 at 9:00 a.m. CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Dear County Commissioners, My name is Cynthia Colella, and I'm a long time resident of Indian River County, with property adjacent to Bhakta Farms' proposed industrial distillery, and also adjacent to our pristine east marsh. I believe Bhakta's endeavor to create a farm to table business is a noble proposition, and I am not opposed to it. Our County's citrus growers have long understood the significance of such a business, and nothing in Florida is more farm to table than growing citrus and producing orange juice. Florida's agricultural industry is without a doubt one of the most cherished and historic aspects of our State. However, Florida Statutes are very clear when it comes to regulating agricultural businesses, and allowable agricultural land uses. I'd like to share some concerns I have regarding Bhakta's industrial distillery proposal, as well as my concern with the County's representation that the Bhakta distillery falls under an agricultural industry classification. There is a clear distinction in Florida Statutes, that classifies the growing and production of crops, and separates it from the post production of the crops. Specifically, growing and harvesting is classified as agricultural; and extraction, distillation, packing, warehousing, and wholesaling, is specifically EXCLUDED from an agricultural industry, and is classified as industrial. This important distinction in the law appears to have been overlooked in this particular matter, and I don't understand why. These are the same Statutes that apply to all growers in the State of Florida, and their respective businesses. The industrial processes of an agricultural business are typically performed on land zoned as industrial or commercial; not agricultural. This is the law for good reason. Because industrial processes are usually harmful or negatively impact agricultural land. In all of the County's reports and memos regarding the Bhakta distillery, the County classifies the distillery's use as: "an agricultural industry use per the Land Development Regulations, and requires special exception approval per Section 971.08(2)." However, it appears the County's classification is incorrect. According to Section 971.08(1), Florida Statutes, agricultural processing, extraction, distillation, packing, warehousing, and wholesaling, are all specifically EXCLUDED from the agricultural industries that are permitted in Section 971.08(2), Florida Statutes. Section 971.08(3), Florida Statutes, further states "Agricultural businesses SHALL NOT be interpreted to permit wholesaling or processing operations." To be clear, the Florida Department of Agricultural and Consumer Services (DACS) and federal regulations classify a distillery, and any fruit or vegetable crop processing, extraction, distillation, packing, warehousing, or wholesaling, as industrial, not agricultural. Moreover, Section 971.26 of our Municipal Code, classifies fruit and vegetable juice extraction, packinghouses, and warehouses, as industrial uses, not agricultural uses. The County's memos also use the term "farm" quite often, and suggest that the Florida Right to Farm Act allows the industrial processing of agricultural crops on agricultural land; which it does not. The Florida Right to Farm Act is designed to protect agricultural activities on farm land from nuisance law suits. The Act does not include or protect the industrial processes which are specifically excluded per Section 971.08(1), Florida Statutes, to wit, a distillery. Again, I am not opposed to the Bhakta's distillery, however, I am concerned that if the County Commissioners ignore the misclassification of the distillery, and allow a 50,000+ sf industrial distillery operation to be built on land which is zoned agricultural, without following the proper safeguards permitted by our laws and regulations, to protect against the inherent pollutants and hazards of a distilled spirits plant, there will undoubtedly be a detrimental effect on one of the most sensitive and pristine natural land areas in our entire County (along with all of the wildlife that call it home). It appears that Bhakta's "distillery operation" should be properly classified as an "industrial industry" not an "agricultural industry" per Florida Statutes and DACS, as is the case with all other growers in the State of Florida, when processing, packing, warehousing, and wholesaling operations are involved; and the proper conditions and safeguards permitted by our laws and regulations should be followed. It is also important to note that to date, neither the Florida Fish and Wildlife Conservation Commission, nor the St. John's Water Management District, have been notified by Bhakta regarding this project, nor have they been asked to provide oversight and input regarding the environmental or water management issues related to the project. These Agencies' valuable input is required by law, when an industrial land use is being proposed on an agriculturally zoned property. It is my sincere hope that our state and local laws are correctly applied to this matter. It is also my sincere hope that Bhakta Farms will be able to achieve their intended goal for their property, with the guidance of our local and state agencies, to ensure that our natural resources, wildlife, and the neighboring community, are all protected. Thank you for your time and consideration. Sincerely, Cynthia --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- I b5 Io Treasure -. e s re Coast Newspapers PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U,S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement, Issue(s) dated before where the dates are noted or by publication on the newspaper's website, if authorized, on 05/22/2022 Subscribed and sworn to before on May 23,,22 Notary, State of 4, County of Brown 1 —77� My commission expires KATHLEEN ALLEN Notary Public State 0'f Wisconsin Publication Cost: $126 54 Ad No: 0005258843 Customer No: 1310785 PO #: Bhakta Farms NOTICE OF PUBLIC HEARING - SPECIAL EXCEPTION USE This is notice of a pubh hear- ing of the Indian lover County Board of County Commission- ers to consider recommending special exception use approval for the construction of a farm based rum distillery (agricul- tural industry) with associated accessory residential units to be located at 12600 State Road 60; Section 01, Township 335, Range 37E A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commission- ers of Indian River County, Florida, in the County -Com- mission Chambers of the Countyy Administration Build - Ing, located at 1801 27th Street, Vero Beach, Florida on Tuesday, June 7, 2022 at 9:00 a.m. Please direct planning -related questions to the Current De- velopment Planning Section at 772-226-1003. All docu- ments pertaining to this re- quest are on file in the Indian River County Planning Divi- sion, located at 1801 27th Street within building "A" of the County Administration Complex. Documents may be reviewed by members of the public: during, normal business hours. All members of the public are invited to attend and participate in the public hearing. Anyone who may wish to ap- peal any decision, which ma�yy be made at this meeting, wfit need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON- TACT THE COUNTY'S AMERI- CANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 772- 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEET- ING. INDIAN RIVER COUNTY PLANNING AND ZONING COMMIS51ON BY -s- Peter D. O'Bryan, Chairman Pub May 22, 2022 TCN5258843 m. W . # of Affidavit'; 1 ( I I 10k), INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Brandon C. Creagan, LEED Green Associate; Senior Planner, Current Development DATE: May 23, 2022 SUBJECT: Henry Fischer's Request for Abandonment of the North and West 12 -foot -Wide Strips of Land Reserved for a Public Road that are Located Within the Bounds of the Property Located at 10105 Industrial Park Blvd [ROWA-21-09-01 / 2021060061-90141] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 7, 2022. DESCRIPTION AND CONDITIONS: Henry Fischer is requesting abandonment of the north and west 12 -foot -wide strips of land reserved for a public road that are located within the bounds of the property located at 10105 Industrial Park Blvd. The subject property is now located within the city limits of the City of Sebastian. However, in an abundance of caution, the County is processing this abandonment application to relinquish any possible claim to right-of-way within this property. As required by the County land development regulations (LDRs), prior to the Technical Review Committee (TRC) meeting at which the subject petition was reviewed, staff notified by mail each property owner adjacent to the subject right-of-way. No questions or responses were received from any adjacent property owners. Additionally, all County divisions and utility providers having jurisdiction or potential interests have reviewed the abandonment request and support the request. At this time, the applicant requests that the subject portion of right-of-way be abandoned. ANALVISUS- Consistent with guidelines established by the Board of County Commissioners, this petition was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the subject 12 -foot -wide strips of land reserved for a public road that are located within the bounds of the property located at 10105 Industrial Park Blvd. Upon review, all reviewing departments recommended approval, to support the request for abandonment. Therefore, all departments support the request for abandonment, and no easements are being retained within any portion of the area being abandoned. If approved, the abandonment request will slightly increase C:\Granicus\Legistar5\L5\Temp\03864cda-1 t26-4cd5-a74d-dcc7e77337e2.docx Pagel of 2 the buildable area for the applicant's property and will ensure that any possible claim of right-of- way is abandoned within the bounds of the property. As noted on the County Thoroughfare Plan, the subject right-of-way is not part of the County's major roadway system and is not needed for the thoroughfare system or for traffic circulation in the surrounding neighborhood. In this case, the subject right-of-way does not provide primary access to any property. The abandonment will not affect the right of convenient access to any surrounding properties. The abandonment will also relinquish any possible right-of-way claim within property that is within the jurisdiction of the City of Sebastian. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. RECOMMENDATION: Staff recommends that the Board of County Commissioners abandon its rights to the subject portion of the subject right-of-way, and authorize the chairman to execute the attached abandonment resolution. ATTACHMENTS: Location Map Abandonment Resolution 187 C:\Granicus\Legistar5\L5\Temp\03864cda-lf26-4cd5-a74d-dcc7e77337e2.docx Page 2 of 2 CL Sm G •0 U J r■ I X7 - '' _ C6 w 4-1 ro A � g r 4 Y wa ¢ Y RESOLUTION 2022 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF THE NORTH AND WEST 12 -FOOT -WIDE STRIPS OF LAND RESERVED FOR A PUBLIC ROAD THAT ARE LOCATED WITHIN THE BOUNDS OF THE PROPERTY LOCATED AT 10105 INDUSTRIAL PARK BLVD WITHIN THE CITY OF SEBASTAIN LOCATED IN INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County originally received a duly executed and documented petition from Henry Fischer on June 8, 2021, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to the north and west 12 -foot -wide strips of land reserved for a public road that are located within the bounds of the property located at 10105 Industrial Park Blvd within the City of Sebastian located in Indian River County, Florida.; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that the subject right- of-way is not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way segment more particularly described as follows: PARCEL "A" The North 12 feet of the East 275 feet of the North 233 feet of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 20, Township 31 South, Range 39 East, Indian River County, Florida. PARCEL "B" The West 12 feet of the East 275 feet of the North 233 feet of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 20, Township 31 South, Range 39 East, Indian River County, Florida, less and except the North 12 feet thereof. Lying and being in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated (see attached Exhibit A). 2. The closing, vacation, and abandonment of this segment of public right-of-way is in the best interests of the public. 3. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof. AttachrbW 2 RESOLUTION 2022- 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. 5. The subject right-of-way shall revert entirely to and be absorbed into the unplatted property with the address of 10105 Industrial Park Blvd located within the City of Sebastian in Indian River County, Florida. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joseph Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of , 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk State of Florida County of Indian River Attachment 2 190 RESOLUTION 2022- I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS mm Phillip J. Matson, AIC?, Community Development Department Notary Public AttachAeM 2 U N P L A T T E D N.E. COR. OF N.W. 1/4 SECTION 20-31-39 SW. 1/4 SEC770N 17, AKA NORTH 1/4 TYR. 31 S, RGE 39 E COR. SECTION 20 275.00' CEL UNE OF N.W. 114 SECRON 20 o UNPLATT£D xo W N 275.00' UNPLATTED nFgrRIPTlt1N PARCEL 'A' The North 12 feet of the East 275 feet of the North 233 feet of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 20, Township 31 South, Range 39 East, Indian River County, Florida. PARCEL 'B' The West 12 feet of the East 275 feet of the North 233 feet of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 20, Township 31 South, Range 39 East, Indian River County, Florida, less and except the North 12 feet thereof. EXHIBIT A SE. 1/4 SEC77ON 1 T%P. 31 S, RCE: 39\1 NOTES: 1. This sketch Is not a surrey. 2. Lands shown hereon were not abstracted for rights—of—way or easements of record. 3. Reproductions of this drawing are not valid without the original signature and seal of a Florida licensed Surveyor and Mapper. GRAPHIC SCALE 0 25 5;0 (IN FEET) 1 inch=50 feet William B. Zentz & Associates, Inc. Prdbalk rlal-g1Wft&M8PPkg CERTIFICATE or Old Dixie H hwLB) y 6840 ft1 684 Old Dixie Highway Vero Beach, FI 32962 Phone: (772) 567-7552 Wawa a REWS7EWED STATE OF F No. 5276 JOB No. 176-034 D1F 7/20/21 SHEET OF 1 1 192 Fischer Right -of -Way Abandonment Board of County Commissioners June 7, 2022 Location Map 10.A.2. 06/0/72022 Vqz- 1 Summary • Located in the City of Sebastian • All reviewing departments have reviewed and recommended abandonment • Not needed for County roadway or access to any surrounding properties • No easement required Staff Recommendation Staff recommends that the Board of County Commissioners abandon its rights to the subject portion of the subject right-of-way, and authorize the chairman to execute the attached abandonment resolution. 10.A.2. 06/0/72022 4 IRZ- 2 Treasure Coast Newspapers PART OF THE USATODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn. Kathy Charest INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Issue(s) dated before where the dates are noted or by publication on the newspaper's website, if authorized, on 05/22/2022 Subscribed and sworn to before on May 23, Z02Z Notary, State of WI, C my of Brown I --7 My commission expires CKLAT7HEEN ALLEN ry Public Wisconsin Publication Cost: $128.25 Ad No: 0005250549 Customer No: 1310785 PO #: NOTICE OF PUBLIC HEARING — ABANDONMENT This is notice of a public hear- ing of the Board of County Commissioners to consider Henry Fischer's request for Abandonment of the north and west 12 -foot -wide strips of land reserved for a public road that are located within the bounds of theproperty lo- cated at 10105 Industrial Park Blvd; Section 20, Township 31, Range 39. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commission- ers of Indian River County, Florida, in the County Com- mission Chambers of the Countyy Administration Build. ing, located at 1801 27th Street, Vero Beach, Florida on Tuesday, June 7, 2022 at 9:00 a. M. Please direct planning -related questions to the Current De- velopment Punning Section at 772-226-100,3. All docu- ments pertaining to this re- quest are on file in the Indian River County Planning Divi- sion, located at 1801 27th Street within building "A" of the County Administration Complex. Documents may be reviewed by members of the public during normal business hours. All members of the public are invited to attend and participate in the public hearing. Anyone who may wish to ap- peai any decision, which inayy be made at 'this meeting, will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON- TACT THE COUNTY'S AMERI- CANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 772- 226.1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEET- ING. INDIAN RIVER COUNTY PLANNING AND ZONING COMMISSION BY -s- Peter D. O'Bryan, Chairman Pub May 22, 2022 TCN5250549 # of Affidavits 1 112-3 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 1603 Public Hearings - B.C.C. 6.7.22 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: June 1, 2022 ATTORNEY SUBJECT: Public Hearing to Consider a Resolution Electing to Use the Uniform Method for the Levy, Collection and Enforcement of Non -Ad Valorem Assessments for Street Paving in the Oslo Park Area - LEGISLATIVE BACKGROUND. On October 19, 2021, the Indian River County Board of County Commissioners ("Board") voted to direct the County Attorney and Public Works Director to initiate the process of creating a Municipal Service Benefit Unit ("MSBU") for the Oslo Park area to raise funds for future road paving projects, with a timeline that would allow final approval by March 2022. On February 15, 2022, the Board adopted Resolution 2022-11, electing to utilize the uniform method for the levy, collection, and enforcement of non -ad valorem assessments as set forth in section 197.3632, Florida Statutes for paving, and associated drainage improvements, in the Oslo Park area. Since then, the County sent letters to all of the owners and residents concerning the proposed MSBU and the public meeting being conducted by Commissioner O'Bryan on April 4, 2022 at the iG Center. In the letter the residents and owners were told that the assessment would be established on a per parcel basis, with the amount to be levied per parcel being $398.00 per year for 20 years. The total revenue collected from the assessment would be $3.75 million, which would be combined with a $1,250,000 from the County. Roughly 80 people attended the April 4, 2022 public meeting at the iG Center. At the meeting the concept was raised about moving up the timing of the improvements, instead of having periodic improvements similar to how improvements are handled in Vero Lake Estates. Thus, in preparation of this public hearing, County staff sent letters to the owners within the proposed MSBU stating that although it was initially proposed that the amount to be levied per parcel would be $398.00 per year for 20 years, the amount to be levied per parcel will now be $500.00 per year for 20 years. The letter indicated that the increase will assist in addressing the desire to accelerate the timing of C.-IG-.i—L,gismr51L51T,,.ptcf 134d-21d.-43fd-41-632927627e,8.d. 193 Board of County Commissioners June 1, 2022 Page 2 the improvements and increases in construction costs. The total revenue collected will be $5 million. This proposed assessment is based upon a 25 percent contribution to the cost of construction from the County. Per the statute, at this public hearing, the Board is to receive written objections and hear testimony from all interested persons. Per the statute, notice has been provided by first-class mail to each person owning property subject to the assessment. Additionally, per statute, notice has also been provided by publication in a newspaper generally circulated within Indian River County. The draft ordinance will establish the Oslo Park Street Paving District MSBU with a rough boundary of 11th Street to 13th Street, and 17th Avenue to 9th Court. The proposed assessment would now be $500.00 per year for twenty years, which would be used to pave all of the unpaved roads with in the MSBU. The draft ordinance would also amend section 200.11 (Street paving) of the Indian River County Code of Ordinances to update the Code to reflect the Oslo Park Street Paving District MSBU. County staff does wish to propose an alternative funding mechanism for paving the streets in the Oslo Park area. In order to address the desire to have all of the roads paved sooner rather than later, the most appropriate method would be through a traditional special assessment project, under Chapter 206 of the Indian River County Code of Ordinances. Through that process, the Board would establish an assessment roll and then perform the project. Once the project is completed, the Board would approve a final "as - built" assessment for all properties that are benefitted by the project. In that case, the project would be performed up front and the assessment would be determined based upon the actual final costs of the project. Although, this MSBU was not started through the traditional petition process, the Board still has the authority to initiate such an assessment project. Finally, County staff is still supportive in this instance of the 25 percent County contribution, much like a paving assessment project. FUNDING. Funding for this proposed MSBU has not yet been established. Should the Board establish the MSBU, a separate fund will be set up. The assessment would be $500/parcel per year for 20 years with a contribution from the County's Secondary Roads fund. If the Board approves the creation of the MSBU, staff will present a more detailed financial plan for assessment rates and construction timelines and scope once design plans have been completed and permitted. Current costs including the notification for the two public hearings and mailing notices to owners have been paid from the General Fund/County Attorney/Legal Ads, account 00110214-034910. RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the draft ordinance or in the alternative direct staff to begin a special assessment project under Chapter 206 of the Indian River County Ordinance Code. ATTACHMENT(S). Draft Ordinance Assessment Roll C: IGraai—ILegBfarnSlTemp kfca134d-21de43fda 41-631917617ce8.dw �7� ORDINANCE NO. 2022 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING THE OSLO PARK STREET PAVING DISTRICT MUNICIPAL SERVICE BENEFIT UNIT; PURPOSE; LEVY OF ASSESSMENT, ADOPTION OF BUDGET; DISPOSITION OF PROCEEDS FROM THE LEVY OF ASSESSMENT; AMENDING SECTION 200.11 OF CHAPTER 200, MUNICIPAL SERVICE TAXING OR BENEFIT UNIT, OF THE INDIAN RIVER COUNTY CODE OF ORDINANCES; AND PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, property owners within Oslo Park have asked the County for assistance in providing paving, and associated drainage, for their community; and WHEREAS, the property owners within Oslo Park have expressed a willingness to fund the necessary improvements through a specially established Municipal Service Benefit Unit (MSBU); and WHEREAS, the rough boundaries of the proposed MSBU include 11' Street to 13th Street, and 17th Avenue to 91h Court; and WHEREAS, the Board finds that establishment of a Municipal Service Benefit Unit to raise funds through the equitable assessment of property owners within the Oslo Park area is the best available means of accomplishing the desired goal, NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 CREATION OF MUNICIPAL SERVICE BENEFIT UNIT There is hereby established in Indian River County, the Oslo Park area Paving District Municipal Service Benefit Unit under the authority of, and with all those powers conferred by, the Constitution of the State of Florida and Florida Statutes 125.01(q) and 125.01(r). The real property included within the boundaries of this Municipal Service Benefit Unit and subject to all provisions hereof is described as follows: All that certain property lying within the following described boundaries: OSLO PARK STREET PAVING DISTRICT LEGAL DESCRIPTION Being a parcel of land lying in portions of Sections 25 and 26, Township 33 South, Range 39 East, Indian River County Florida. Said parcel also including portions of the following; Plat of Indian River Farms Company, Plat Book 2, Page 25, Of the public records of St. Lucie County, Florida (now Indian River County, Florida) and the following plats as recorded in the public records of Indian River County, Florida; Oslo Park Unit No. 2, Plat 1 195 ORDINANCE NO. 2022 - Book 4, Page 13; Oslo Park Unit No. 2-A, Plat Book 4, Page 31 and Oslo Park Unit No. 2- B, Plat Book 4, Page 24. Said parcel being more particularly described as follows: BEGINNING at the northwest corner of Lot 7, Block B, according to the plat of Boxwood Estates, as recorded in Plat Book 11, Page 84, of the public records of Indian River County, Florida; thence run Northerly to the Southeast corner of those lands as described in official records book 630, page 2318, of the public records of Indian River County, Florida. Said point also being the intersection of the westerly right-of-way line of 17th/ Avenue SW and the northerly right-of-way line of 13th/ Street SW; thence northerly along the east line of said lands (said line also being the west right-of-way line of 17th/ Avenue SW) to the northeast corner of said lands; thence run easterly to the northwest corner of Block "O", according to the aforementioned plat of Oslo Park Unit No. 2. Said point also being on the south right-of-way line of 11th/ Street SW (Nebraska Street as platted); thence run easterly along said south right-of-way line to the northeast corner of Lot 25, Block "M", according to the aforementioned plat of Oslo Park Unit 2-13; thence continue easterly to the northwest corner of those lands as described in Official Records Book 1962, Page 1101, of the public records of Indian River County, Florida; thence run easterly along the north line of said lands to the northeast corner thereof; thence run southerly along the east line of said lands, and its southerly prolongation to its intersection with the north line of those lands as described in Official Records Book 2911, Page 2421, of the public records of Indian River County, Florida; thence run easterly to the northeast corner of said lands; thence run southerly and westerly along the east and south lines of said lands to the southwest corner thereof; thence run northerly along the west line of said lands to the southeast corner of those lands as described in Official Records Book 2982, Page 2436, of the public records of Indian River County, Florida; thence run westerly along the south line of said lands to the southwest corner thereof; thence run northerly along the west line of said lands to the southeast corner of those lands as described in Official Records Book 743, Page 330, of the public records of Indian River County, Florida; thence run westerly along the south line said lands, and the south line of those lands as described in Official Records Book 2515, Page 614, of the public records of Indian River County, Florida, to the southwest corner of said lands. Said southwest corner also being on the east line of those lands as described in Official Records Book 1481, Page 2918, of the public records of Indian River County, Florida; thence run southerly and westerly along the east and south lines thereof to the southwest corner of said lands; thence run northerly along the west line of said lands, and the west line of those lands as described in Official Records Book 1670, Page 152, and Official Records Book 596, page 753, of the public records of Indian River County, Florida, to the southeast corner of a parcel of land as described in Official Records Book 667, Page 1611, of the public records of Indian River County, Florida; thence run westerly along the south line of said lands, and the westerly prolongation thereof to its intersection with the east line of a parcel of land as described in said Official records Book 667, Page 1611; thence northerly along the east line of said parcel to the northeast corner of said parcel. Said point also being the southeast corner of those lands as described in Official Records Book 938, Page 963, of the public records of Indian River County, Florida; thence run westerly along the south line of those lands as described in Official Records Book 938, page 963, and Official Records Book 1945, Page 2465 (said line also being z 196 ORDINANCE NO. 2022 - north line of said lands per Official Records book 667, page 1611) to the southwest corner of those lands described in Official Records Book 1945, Page 2465; thence run southerly along the east line of, and westerly along the north line of that certain parcel of land as described in said Official records Book 667, Page 1611, and its westerly extension to a point in the east line of Block "D", according to the plat of Boxwood Estates, as recorded in Plat Book 11, Page 84, of the public records of Indian River County, Florida; thence run northerly along the east line of said Block "D" to the northeast corner of Lot 7, Block "D"; thence run westerly to the northwest corner of Lot 7, Block "B" of said plat of Boxwood Estates and the Point of Beginning. ALL LYING IN INDIAN RIVER COUNTY, FLORIDA. and as depicted below: OSLO PARK MUNICIPAL SERVICE BENEFIT UNIT - INDIAN RIVER COUNTY Ezmfo S;1 1/0 s � $ i 3 ; . . 7INS, a v a+ sv« Gou,ry •anal i.erl,^,J iG >..rd B-8 ro-o. S e.t� irwt sa:Can:r vxc) ..+� AG 0. Sn-te•arat B-9 Grxg[ �a sr �-a�,,.a..r w a) of IGD. S.s-loran B-8 Cmwl . �i �! Jr{• fia 2 • iS^ 4 Ia - P: s. h ] OF o�Y !b 9 .r ... ' 3m S;.c. 'V Cx. xs t" bt*s 1 ..... bar T2 ma+ � ;}��t• rte, sem.' � aa<. •e eKr •c Ezmfo S;1 1/0 s � $ i 3 ; . . 7INS, a v 3 I 197 a+ sv« Gou,ry •anal i.erl,^,J iG >..rd B-8 ro-o. e.t� irwt sa:Can:r vxc) ..+� AG 0. Sn-te•arat B-9 Grxg[ �a sr �-a�,,.a..r w a) of IGD. S.s-loran B-8 Cmwl . 3 I 197 ORDINANCE NO. 2022 - SECTION 2 PURPOSE A. This Municipal Service Benefit Unit is created for the purposes of funding street paving, and associated drainage, within the boundaries of the unit; and funding design, engineering and construction of those improvements deemed necessary or desirable. B. The Municipal Service Benefit Unit may fund all or any of the aforementioned services or improvements through either current year funding, tax anticipation or multi-year notes or bonds, provided any debt instrument or obligation made must be repayable solely from revenues collected by the Municipal Service Benefit Unit pursuant to the authority and means provided by this ordinance. SECTION 3 LEVY OF ASSESSMENT, ADOPTION OF BUDGET A. The Board of County Commissioners hereby authorizes a levy of a non ad valorem assessment under the authority of section 200.04, Indian River County Code in an amount determined annually based on estimated costs of providing street paving to the benefited Oslo Park area properties for the ensuing County fiscal year as defined under this ordinance for any or all of those purposes above described, on an assessment per parcel/acre. B. Pursuant to said authority, the Board hereby further authorizes the levying and collection of non ad valorem assessments in a uniform manner for those Municipal Service Benefit Unit expenditures which are determined to provide a reasonably uniform special benefit to all those properties within the Municipal Service Benefit Unit against which such non ad valorem assessment is made. C. Non ad valorem assessments authorized by this section shall be levied and a budget prepared and adopted by the County Commission at the same time and in the same manner as the Board prepares and adopts its annual budget and levies taxes as provided by law. D. Non ad valorem assessments authorized under this section shall be assessed, levied, collected, remitted to and accounted for at the same time and in the same manner as the assessments, levies, collection, and remittance of taxes to the General Fund by the County Commission as provided by law. The budget for this Municipal Service Benefit Unit in each year shall contain that portion of the estimated cost of providing services hereunder, including debt service, for which costs will be incurred in the given year. SECTION 4 DISPOSITION OF PROCEEDS FROM LEVY OF TAXES All funds obtained by the levy of a non ad valorem assessment on the property within the boundaries for the Oslo Park Street Paving Municipal Service Benefit Unit shall be maintained in a separate account and used solely for the purpose of providing those services set forth above. 4 =1 ORDINANCE NO. 2022 - SECTION 5 ADOPTION OF ASSESSMENT ROLL, AMOUNT AND UNIT OF MEASUREMENT The Board hereby adopts the assessment roll attached to this ordinance and incorporated herein; adopts the amount of the assessment as being $500.00 per year for twenty years; and adopts the unit of measurement for the assessment as being per lot. SECTION 6 AMENDMENT TO SECTION 200.11 (STREET PAVING) OF PART II (ADDITIONAL SERVICES) OF CHAPTER 200 (MUNICIPAL SERVICE TAXING OR BENEFIT UNIT) New language indicated by underline, and deleted language indicated by strikethFG6igI4. Section 200.11 (Street paving) of Part II (Additional Services) of Chapter 200 (Municipal Service Taxing Or Benefit Unit) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 200 — MUNICIPAL SERVICE TAXING OR BENEFIT UNIT PART II. — LIFE SUPPORT SERVICES Section 200.11 Street paving. An additional service of street paving is added to a portion of Oceanside Replat, which additional service shall sunset after the fifth year of assessment. An additional service of street paving, and associated drainage is added to an are in Oslo Park, which shall be known as the Oslo Park Street Paving District. SECTION 7 CODIFICATION It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Code of Indian River County, and that the sections of this ordinance may be renumbered or relettered, and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intention. 61 199 ORDINANCE NO. 2022 - SECTION 8 SEVERABILITY If any portion of this ordinance is held or declared by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, which shall remain in full force and effect. SECTION 9 EFFECTIVE DATE The provisions of this ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Indian River Press Journal on the day of , 2022, for a public hearing to be held on the 7th day of June, 2022, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this 7th day of June, 2022. ATTEST: Jeffrey R. Smith, Clerk and Comptroller go Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. 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F x x x x x x x x x x x x x x x x x x x F x i x x x x x x x x x= xx = x x = x x '.. o > v M M M m M m M m G M a a a a v a ti n = ~ oo 11 Tl 0 p o o o 0 0 0 m o O O 0 o 0 0 g o o o o o o a o 0 0 o o a o a mo o 0 0 0 0 0 o o 0 0 0 0 o gxgx o 0 0 0 0 0S�o 0 o 0 rv�M m m m M m m m M M MI M M m M m M 0 q o 0 o 0 0 0 0 0 0 0 0 0 ry a 6-, 0 0 0 0 0 0 o a o 0 o a ok 0 0 0 0 0 0 0 0 o o cc 0 0 0 0 0 0 0 0 Q o 0 0 o 0 0 0 0 0 0 0 a o a oo 0 0 0 0 0 0 0 0 o 0 0 0 o 1 0 0 0 0 0 0 0 0 o. 0 0 0 NS o a o n m m m m m m m m m m m m m m m m m m M M m m m m M m m m m m m m m m m m m ^m m m m m m m m m m m m m m m m m m m m N §\\ \\\\\\\\\\ / \ \ j \ \ \ \ \ \ ! ! » a » ! 7 ! » ! \\\\\\\\\\ Treasure Coast Newspapers PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY ATTORNEYS OFFICE 1801 27TH ST VERO BEACH, FL 32960 ATTN STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he is a legal clerk of the Indian River Press Journal: a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 5/17/2022 Subscribed and sworn to before on May 17th, 2022 Notary, State of , Coun o rown My commissi Aires Publication Cost: $472.50 Ad No: GC10882584 Customer No: 461741 PO#: PUBLIC NOTICE THIS IS NOT AN INVOICE NANCY HEYRMAN Notary Public State Of Wisconsin 2022 r• Lt � z -,r. r tom' E 212 NOTICE OF INTENT - PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will conduct a Public Hearing on Tuesday, June 7, 2022 at 9:00 a.m. or as soon thereafter as the matter may be heard, in the Commission Chambers located in Building A of the Indian River County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, to consider the adoption of an ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING THE OSLO PARK STREET PAVING DISTRICT MUNICIPAL SERVICE BENEFIT UNIT; PURPOSE; LEVY OF ASSESSMENT, ADOPTION OF BUDGET; DISPOSITION OF PROCEEDS FROM THE LEVY OF ASSESSMENT; AMENDING SECTION 200.11 OF CHAPTER 200, MUNICIPAL SERVICE TAXING OR BENEFIT UNIT, OF THE INDIAN RIVER COUNTY CODE OF ORDINANCES; AND PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The"proposedd ordinance may be inspected by the public during regular'' business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at the Office of the Clerk to the Board of County Commissioners, located on the second floor of Building A of the Indian River County Administrative Complex, 1801 27th Street, Vero Beach, Florida. The proposed schedule for the assessment is $500.00 per parcel per year for twenty years. The proposed assessment is scheduled to be imposed upon approval by the Board of County Commissioners and will appear on the tax bill for 2022. The assessment will be collected by the tax collector. All affected property owners or interested parties have the right to appear at the Public Hearing and be heard with respect to the proposed ordinance. All affected property owners have the right to file written objections to the proposed ordinance within 20 days of the publication of this notice and send the objections to: Board of County Commissioners Attn: Richard B. Szpyrka, P.E., Public Works Director 1801 27th Street Vero Beach, FL 32960 Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans With Disabilities Act (ADA) Coordinator at 567-8000, Ext. 1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PETER D. O'BRYAN, CHAIRMAN OSLO PARK MUNICIPAL SERVICE BENEFIT UNIT - INDIAN RIVER COUNTY 1 �1 .:.wM�,-'v 1.. 'ry i 1• �..v M.. y,;•io-'- .- � .ev .". v V 7. I _ _..I C _ j•t•_.s _ �_ _._ , F _ 7RGC6d9h640f 213 ssv-ia ISHIA 031NOS3Hd Uo m N m 4- W Od zZ /04-3 Randi Wardlow From: Dylan Reingold <dreingold@ircgov.com> Sent: Monday, June 13, 2022 1:13 PM To: Christina Moore; Kim Moirano; Jason Brown; Kristin Daniels; Randi Wardlow Subject: [External] Oslo Park Ordinance I spoke with Commissioner O'Bryan and he was okay with the decision of the Board to set the assessment at zero, would be a denial of the ordinance. --Warning-- ]'his ernail was sent to you by sorneone outside of'the Clerk's Office. 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Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: John Stoll; Chief, Long Range Planning FROM: Chris Balter; Senior Planner, Long Range Planning DATE: May 25, 2022 RE: Indian River County Board of County Commissioners, and Kelly Stanton of Supermix request to Rezone Approximately ±9.24 Acres from A-1, Agricultural -1 District (up to 1 unit/5 acres) to IG, General Industrial District (RZON2021090086- 90882) [Quasi -Judicial] It is requested that the following information be given formal consideration by the Indian River County Board of County Commissioners at its regular meeting of June 7, 2022. DESCRIPTION AND CONDITIONS The applicants request to rezone ±9.24 acres located south of and adjacent to 53rd Street and 20 Court, from A-1, Agricultural -1 District (up to 1 unit/5 acres) to IG, General Industrial District. The parcels have sat unutilized since the previous mining operation has ceased operation. The purpose of this request is to secure the zoning necessary to develop the site at a density consistent with the density allowed by the site's comprehensive plan land use designation. The subject site is depicted in the image below (Figure 1). Note: The current A-1 zoning designations of the subject parcels are considered remnant "holding zones" within the Urban Service Area (USA) until the property owner, based on market conditions, requests a rezoning consistent with the property's land use designation. The purpose of this request is to secure the zoning necessary to develop the properties with uses appropriate in the USA and permitted in the requested zoning districts. 215 Existing Zoning Map Depicting Subject Site a, RM -4 IL RM -4 North Relief Canal , PC► CGS CH IG IL PD R-5 IG _-_ CG 2890 Industrial t \ Blvd LLC ! A-1 IG CG CG +j- 9.140 Acres j PD A-1 to IG A-1 Cac Vero I LLC +/- 0.100 Acres A-1 to IG r - . IL Aerial Image o - Subject Properties and Surrounding Uses awk's Nest Gol Corse S 531d Streeto�. 2890 Industrial 40 Blvd LLC +�- 9.140 Acres , A-1 to IG ' Cac Vero I LLC +/- 0.100 Acres A-1 to IG` 2 216 Existing Land Use Pattern The properties surrounding the subject site consist primarily of industrial uses, commercial retail uses, and vacant sites. The subject properties are currently zoned A-1 Agricultural District (up to 1 unit/5 acres) to the west and to the east, IG General Industrial District. The abutting property to the east contains Titan America LLC a cement facility (IG zoned) and a portion of a man-made lake from a prior mining operation (A-1 zoned). Zoning District Differences In terms of permitted uses, there are substantial differences between the existing A-1 and IG districts and the proposed IG district. The respective zoning districts' purpose statement best illustrates the differences between the zoning districts. These purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: IG: General Industrial District: The IG, general industrial district, is intended to provide areas where a broad range of industrial activities may locate and operate without significant adverse impacts on nearby properties. The IG district is further intended to promote the establishment of employment centers that are accessible to the transportation system and other necessary urban services. A-1: Agricultural -1 District: The A-1, agricultural district, is intended to provide areas suitable for agriculture, silviculture, and the conservation and management of open space, vegetative cover, natural systems, aquifer recharge areas, wildlife areas, and scenic areas. These districts are also intended to provide opportunities for residential uses at very low densities to promote housing opportunities in the county. These districts are further intended to permit activities that require non -urban locations and do not detrimentally impact lands devoted to rural and agricultural activities. Analysis The following analysis is per Chapter 902: Administrative Mechanisms, Section 902.12(3) which states that all proposed amendments shall be submitted to the Planning and Zoning Commission, which shall consider such proposals in accordance with items a through k of Section 902.12(3). Item A - Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations. Staff cannot identify any conflicts with the proposed amendment with any of the land development regulations. Item B - Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan. 3 217 The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions that the County will take in order to direct the community's development. As courses of action committed to by the County, policies provide the basis for all County land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1. 17, 1.18, and 1.43. Future Land Use Element Policies 1.17 and 1.18 Future Land Use Element Policy 1.17 states that all commercial/industrial uses must be located within the County's Urban Service Area. Future Land Use Element Policy 1.18 states that the commercial/industrial land use designation allows uses, subject to applicable zoning district regulations, that include business and personal services, retail, office, and storage/warehousing uses. Since the subject property is located within the County's Urban Service Area and the requested IG, district is intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.17 and 1.18. Future Land Use Element Policy 1.43 Future Land Use Element Policy 1.43 provides criteria that the Board of County Commissioners may use to determine whether or not a proposed zoning district is appropriate for a particular site. Below are tables listing the specific rezoning criteria from Policy 1.43, the IG zoning, district and staff determinations of how the criteria have been met. Table 1 SUBJECT PROPERTY #1 Proposed General Industrial IG) Zoning District Review Criteria Meets Comments Criteria? 1. Along arterial roads and major Yes The subject properties abut 53rd Street to the north intersections which is an Urban Principal Arterial roadway. Nearby to the east, 53`d Street intersects with U.S.-1 and Old Dixie Highway. 2. Along railroad tracks Yes Subject Properties are within 700 feet of the railroad tracks. 3. Near industrial areas Yes The CEMEX facility north of the subject properties; to the east is Titan; both zoned IG, General Industrial. 4. Separated from residential Yes The subject property is over 1/4 mile away from development by a major roadway or Waterway Village (the nearest residential intervening property development). 5. Separated from retail and office areas Yes There are no retail or office areas adjacent to the subject property. Retail uses are east of the FEC Railway and Old Dixie Highway. 4 218 Item C - Whether or not the proposed amendment is consistent with existing and proposed land uses. The proposed amendment for the subject properties is designated C/I, CommercialAndustrial, on the Future Land Use Map. Since IG zoning is allowed in the C/I designation, the proposed zoning district is consistent with the Future Land Use Map designation. The properties surrounding the subject site consist primarily of industrial uses, commercial retail uses, and vacant sites. Item D - Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan. The subject properties abut 53`d Street. This roadway is classified as an Urban Principal Arterial road on the future roadway thoroughfare plan map. Located within an approximate 150-220' wide public road right-of-way (width varies), this segment of 53`d Street is a four -lane divided paved road. There are currently no planned road improvements for this section of 53`d Street listed in the County's Comprehensive Plan. Item E - Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below the level adopted in the comprehensive plan. The proposed rezoning request's Traffic Impact Analysis (TIA) was reviewed and approved by Traffic Engineering Division staff. That analysis showed that all roadway segments within the area of influence would operate at an acceptable level of service with the most intense use of the property under the proposed zoning district. Item F - Whether or not there have been changed conditions which would warrant an amendment. The subject area of the county consists of a mixture of commercial, industrial, recreational, conservation, and residential uses. To the north of the subject properties are the CEMEX Construction Materials site and cement facility and to the east of the site is the Titan America LLC cement facility. Changes to the commercial industrial node have been identified by staff that would support the need for a rezoning for the subject properties to the proposed zoning district. Item G - Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation. Based upon the analysis conducted by staff it has been determined that all concurrency -mandated facilities, including, stormwater management, solid waste, water, wastewater, and recreation have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. Per Indian River County Land Development Regulations, the Applicant may be required to pay connection and other customary fees, and comply with other routine administrative procedures. If approved, rezoning does not guarantee any vested rights to receive Water and Wastewater treatment service. As with all development, a more detailed concurrency review will be conducted during the development approval process. 040.7 As per section 910.07 of the County's LDRs, conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, County regulations call for the concurrency review to be based upon the most intense use of the subject property allowed within the requested zoning district. For industrial rezoning requests, the most intense use of a property varies with the zoning district. In the case of A-1 zoned property, the most intense use (according to County LDRs) is 10,000 square feet of retail agricultural trade gross floor area per acre. For the IG rezoning requests, the most intense use is 20,000 square feet of general industrial gross floor area per acre. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: 19.24 acres 2. Existing Zoning District: A-1, Agricultural -1 (1 Unit Per 5 Acres) 3. Proposed Zoning District: IG, General Industrial District 4. Most Intense Use of Subject Property Under Existing Zoning District: 5. Most Intense Use of Subject Property Under Proposed Zoning District: 92,400 square feet of Retail Agricultural Trade 184,800 square feet of General Industrial Item H - Whether or not the proposed amendment would result in significant adverse impacts on the natural environment. The subject properties proposed to be rezoned from A-1 to IG currently contain vacant, and partially vegetated lands with a freshwater pond. Since the subject property contains no land designated by the State of Florida or the U.S. Federal Government as environmentally sensitive or protected, such as wetlands or sensitive uplands, rezoning the site is anticipated to have no adverse impacts on environmental quality. When development is proposed for the subject site, a more detailed environmental analysis based on the site-specific development proposal will be conducted. Item I - Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern. The proposed amendment is consistent with the comprehensive plan and the surrounding land uses and will provide for a logical and orderly pattern of uses. Item J - Whether or not the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of the land development regulations. 6 220 Staff has not identified any detrimental effect to the public welfare and believes the request is in harmony with the purpose and intent of the land development regulations. Item K - Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services. Based upon the analysis conducted by staff it has been determined that all concurrency -mandated facilities, including, police protection, fire protection, and emergency medical services have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. CONCLUSION The requested IG, zoning district is compatible with the surrounding area and is consistent with the goals, objectives, and policies of the Comprehensive Plan. Located in an area deemed suitable for commercial and industrial uses, the subject properties meet all applicable criteria to be rezoned as proposed. Further, rezoning to the proposed zoning districts will make the zoning consistent with the properties' C/I future land use designation. For those reasons, staff supports the request. Planning and Zoning Commission Action On April 28, 2022 a public hearing to consider this rezoning request was held before the Indian River County Planning and Zoning Commission (PZC). After receiving no public comment, the PZC voted 5 - 0 to recommend that the Board of County Commissioners approve the rezoning request. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission unanimously recommended that the Board of County Commissioners approve this request to rezone the Subject Properties from A-1 to IG. ATTACHMENTS 1. Rezoning Application 2. Table of Uses for Agricultural Zoning Districts 3. Table of Uses for Industrial Zoning Districts 4. Future Land Use to Zoning District comparison table (Source: County LDRs) 5. Rezoning Ordinance 221 ` APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: RZON - D=? — l, Curren( 0 \ nor Applicant (Contract Purchaser) Agent Name: See Exhibit A Supermix/Kelly Stanton Bruce D. Barkett, Esq. Complete Mailing Address: 770TS77Z Avenue Miami, FL 33155 756 Beachland Blvd Vero Beach, FL32963 Phone #: (including area code) (772)231-4343 Fax #: (including area code) (772)234-5213 E -Mail: Bb@verolaw.com Contact Person: ` n Bruce Barkett, Esq. Siunature of O-*% ner or Auent: Proverb Information Site Address: 2980 Industrial Blvd., Vero Beach, Florida Site Tax Parcel I.D. #s: Parcel 1: 323922-000001-00000003.1 Parcel 2: 323922-000001-00000003.2 Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning District: A-1 Existin<a Land Use Designation: C:1 Requested Zoning District: 1G Total (gross) Acreage of Parcel: 9.2 Acreage (net) to be Rezoned: 9.2 Existing Use on Site: Vacant Proposed Use on Site: General Industrial THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. Attachm�Ai 1 r' REZONING APPLICATION CHECK 1,1ST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. ITEI\iti Applicant's Checklist Staff Checklist I _ Fee: x.000.00 ' Completed Rezoning Application Form front page) �. Letter of Authorization from Current Owner(s) OR Current Owner is Applicant 4. Verified statement (separate letter) naming every individual or entity having legal or equitable _ ownership in the property. CfAn1;� fI One (1) Copy of the current Uwner's Deed 0. A Current Owner's Title 11olicy OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownership of the property. XV (.8,,,t 7. One (1) SEALED boundary survey of the area to be rezoned. The boundary survey shall include, but not be limited to the following: o a legal description of the land to be rezoned • the size of the land to be rezoned o [k he public road right-of-way width of adjacent roads. [and j v u[3 north arrow 8. Electronic version (MS Word is preferable) of the Ole al description 9. Provide a digital map file of the boundary Survey provided in Item 7 above in either AutoCAD (.dwg) or Esri Shape file (.shp) format. 10. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency Certificate, including traffic study, ifapplicable ✓' NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: February 18, 2021 Attachment 1 223 Indian River County Future Land Use Map Amendment/Rezoning Authorization Form TO: Planning Division Indian River County 1801 27h Street Vero Beach, FL 32960 FROM: Patricia L. Mach, Co -Trustee (Property Owner) 3005 51st Place Vero Beach, FL 32967 Property Tax I.D. ##: 32392200000100000003.1 Property Address: 2980 Industrial Boulevard Vero Beach FL The undersigned is hereby authorized Bruce Barkett to act as agent and/or make application to Indian River County for the above referenced property for the following applications (please mark the appropriate box): El Future Land Use Amendment E] Rezoning 4 f:�ak,r►c_ j rj L- 1� �1 Owners Name (Print) Owners Signature STATE OF FLORIDA COUNTY OF INDIAN RIVER r 241 2 Date ry—� GJ--, The foregoing instrument was acknowledged before me this (A day of claw: j j �— 120,21 byAWIA ftGk7 'Owner, who is personally known to me or who has produced nrivesy Loa- W- (passport or driver's license) as identification. NOTARY PUBLIC: Printed Name: Commission Number: Commission Expiration: / UIZolZDZ`1 Attachment 1 224 rya °J=LINDSEYA GARCIA':��tate of FloridaHH 016125es Ott 20, 2024 NOTARY PUBLIC: Printed Name: Commission Number: Commission Expiration: / UIZolZDZ`1 Attachment 1 224 CM Indian River County Future Land Use Map Amendment/Rezoning Authorization Form TO: Planning Division Indian River County 1801 27a' Street Vero Beach, FL 32960 FROM: Brian lenkins, Co -Trustee (Property Owner) 3005 51 st Place Vero Beach, FL 32967 Property Tax I.D. #: 32392200000100000003.1 Property Address: 2980 Industrial Boulevard Vero Beach FL The undersigned is hereby authorized Bruce Barkett to act as agent and/or make application to Indian River County for the above referenced property for the following applications (please mark the appropriate box): 0 Future Land Use Amendment E] Rezoning �Vt P,j ZfA V.WS Owners Nwe (FIj t) „ // Owners Signatdi-e STATE OF FLORIDA COUNTY OF INDIAN RIVER n The foregoing instrument wa I�3uSl- 20 Z( by or who has produced (SEAL) ;��,• BRUCE BARKEIT MY COMMISSION S HH 120790 EXPIRES:Apn122,2025 ' •!►o: i���' Bonded Ttvu Notary Publk Lkwuwftm SL2.0 � 1 Date acknowledged before me this ZJ day of Owner, who is personally known to me (passport or driver's license) as identification. NOTPUBLIC: Sign: Printed Name: Commission Number: Commission Expiration: Attachment 1 225 Indian River County Land Development Regulations TABLE OF USES from Section 911.06. - Agricultural and Rural districts (4) Uses. Uses in the agricultural and rural districts are classified as permitted uses, administrative permit uses and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings and permitted agricultural uses. No residential development in agriculturally designated areas shall occur unless such development is approved as a planned development and meets the requirements of section 911.14; the following activities shall be exempt from this requirement: (a) Construction of a single-family dwelling unit on a tract or parcel existing on October 1, 1990. (b) Division of a tract or parcel into two (2) lots, each meeting or exceeding the minimum lot size of the agricultural zoning district and meeting the lot split criteria of section 913.06(3); any subsequent split of such property shall require approval in accordance with subdivision ordinance Chapter 913 requirements or planned development requirements. (c) Division of a tract into parcels of at least forty (40) acres in size. (d) Division of a tract via a subdivision plat or affidavit of exemption approved in accordance with subdivision ordinance Chapter 913 requirements. District Uses A-1 A-2 A-3 RFD RS -1 Page 1 Attachment 2 226 Kennel and animal boarding places Noncommercial Fruit and vegetable juice extractions and packing houses Small animal specialty farms Tenant dwelling Residential migrant housing facility Nursery and greenhouses Noncommercial Commercial (cultivation, wholesaling, and off- site landscaping services allowed; no retail sales allowed on-site) Agricultural businesses, excluding wholesaling and processing Agricultural industries Fish farms and water dependent plant and/or animal production Agricultural research facilities Page 2 Attachment 2 227 District Uses A-1 A-2 A-3 RFD RS -1 Fruit spreading (subject to subsec Residential Accessory single-family dwi Single-family dwellii Mobile homes Accessory housing for night, Guest cottage or servant's Single-family docks and observation/fishing piers on Bed and breakfast Institutional Child or adult care faci Foster care facilitie Cemeteries Places of worship Group home (level Group home (level II ar Community Servic( Page 3 Attachment 2 228 District Uses A-1 A-2 A-3 RFD RS -1 Emergency services Educational centers, including primary and secondary schools r Correctional institutions Cultural and civic facilities Governmental administrative building Colleges and universities Civic and social membership organizations (M-1 and M-2 areas only) Recreation Country clubs Golf courses Public parks and playgrounds Major sports and recreation areas and facilities Dude ranch Retreats and camps Commercial hunting and fishing lodges Off-road vehicle tracts (commercial and noncommercial Page 4 Attachment 2 229 District Uses A-1 A-2 A-3 RFD RS -1 District Uses A-1 A-2 A-3 RFD RS -1 70 feet to 150 1 Camouflag Monopole (minimun Not camouflaged and Over 150 feE All tower types (see 971. criteria) Utility Public and private utiliti Public and private utilit Reservoirs, water fi Industrial Recycling center (including vi mulching) Small-scale bio -fuel proc Large-scale bio -fuel proc Mining Very Heavy Indus Demolition debri! Page 6 Attachment 2 231 P - Permitted use A - Administrative permit use S - Special exception use *See 971.44(4) to determine whether the administrative permit or special exception use process applies. 1 The requirements of subsection 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers. Z For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. Page 7 Attachment 2 232 Indian River County Land Development Regulations TABLE OF USES from Section 911.11. - Industrial districts Section 911.11. - Industrial districts. (4) Uses. Uses in the industrial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings. District Use IL IG Agriculture Agricultural Production Crops i Horticultural and landscape P ;i Plants and specialties Mulch products and services p <ennels and animal boarding P Services I Farm labor and management services P Landscape services P P Veterinary services P Commercial fisheries - Commercial Construction General building contractors P Page 1 Attachment 3 233 _ Use Special trade contractors ( Personal Services I Linen supply Carpet and upholstery cleaning Dry cleaning plants Crematoriums Auto Repair, Services and Parking 1 Automobile parking and storage Automobile Repair -nd paint shops utomotive repair arwashes aneous Repairs trical repair Reupholstery and furniture Welding Heavy machinery Social Services P P P P P P P Page 2 Attachment 3 234 Use Job training ser Wholesale Th Durable goods (not including demolition center) Non -durable g Auction facilities, ur Flea marke Recycling center (including veget Auto and home sup r -- Gasoline service Boat dealer Recreational vehicl Motorcycle de Automobile sales (new Automotive fluid sales and service Retail Trad Convenience sl Medical marijuana trea District j Page 3 Attachment 3 235 Use District IL IG Amusement and Recreation ----- ----- Enclosed commercial amusements, gyms, dance studios Eating and Drinking Establishments Restaurants Take out restaurants P Drive through low Bars and lounges Bottle clubs Fuel dealers P Adult entertainment facilities S Marine -Related Commercial Activities Boat sales and rental Commercial marina Marine repair and services =F P Industrial M1 Manufacturing Food and kindred products P Tobacco products P Page 4 Attachment 3 236 District Use IL IG Fruit and vegetable juice extraction "" A AL .i P Fruit and vegetable packing houses P Textile products P ." # II P Lumber and wood P Furniture and fixtures P Paper manufacturing P Printing and related support activities P Chemicals P Petroleum products P Rubber and plastics P Tires - P Rubber and plastic footwear i P Hose belts , gaskets and packing � P Fabricated rubber products P P Drugs and pharmaceuticals P ..- P Tanning and finishing P Footwear P Other leather goods low." P P Page 5 Attachment 3 237 Use Brick and tile Glass and glass products Cement and concrete products Other nonmetallic mineral products Primary metal industries Fabricated metal products Machine shops Industrial machinery and equipment Electronic and other electric equipment Transportation equipment Instruments and related products Junk and salvage yards Demolition debris site Transportation and Utilities Airports/airstrips Heliports/helipads Railroad and bus transportation services Trucking and courier services District Page 6 Attachment 3 238 Commercial warehousing & storage Self storage Outdoor storage Vehicle storage lot (paved/unpaved) Z Postal services Water transport services Air transport services Pipelines r— Transportation Services Communications towers (wireless facilities including cell towers) Communications towers (non -wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) Less than 80 feet 80 feet or taller (see 971.44(4) for special criteria) Commercial Page 7 Attachment 3 239 Use Up to 70 feet: Camouflaged Non -camouflaged 70 feet to 150 feet: Camouflaged Monopole (minimum of 2 user Not camouflaged and not mono Over 150 feet: All tower types (see 971.44(1) for spec'. Freight transport arrangemerr Utilities Public and private utilities, heap Gas services Electric services Water services Sanitary services Irrigation systems Residential Uses District Page 8 Attachment 3 240 P= Permitted use A= Administrative permit use S= Special exception use The requirements of section 917.06(11) of the accessory uses and structures chapter, shall apply to towers less than seventy (70) feet. z Standards for unpaved vehicle storage lots are found in section 954.08(6). 3 For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. "See 971.44(4) to determine whether the administrative permit or special exception use process applies. Page 9 Attachment 3 241 RELATIONSHIP OF THE ZONING DISTRICTS WITH THE FUTURE LAND USE MAP DESIGNATIONS Zoning C-1 C-2 C-3 AG -1 AG -2 AG -3 R L-1 L-2 M-1 M-2 C/I PUB REC RC BCID T MHRP District i A-1 A-2 A-3 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -10 RMH-6 RMH-8 PRO Page 1 Attachment 4 242 P P P P P P P P P 1pl P P I I P I I I P T I I I I P P -F]P P P P P P P T T I P I P T] I - P P P P P P T T T T P p P P P P P T T P P P P P P P P P P P TT -1 I I P FP P I I I Ii P P P P I I I P P P P P P I IP p � p p Page 1 Attachment 4 242 Zoning C-1 C-2 C-3 AG -1 AG -2 AG -3 R L-1 L-2 M-1 M-2 C/I PUB REC RC BCID T MHRP District OCR MED CN CL CG CH IL IG Con -1 Con -2 Con -3 CRVP R -BCI D Rose -4 AIR -1 PD P - District permitted T - District permitted when used as transition from less intense/dense development or consistent with existing development Blank - District not permitted Page 2 Attachment 4 243 I I P P I I I P P P P P P P i P P P P P P P li P P j F JT IP TT I I T fl I I I I I I I -T I I I I I I � P P I I II I I I I I I I --T- P P P P P P NP j; .-�P ..._�P� ..__�J. . P P P P P P P P P P P P P fl:n P - District permitted T - District permitted when used as transition from less intense/dense development or consistent with existing development Blank - District not permitted Page 2 Attachment 4 243 ORDINANCE NO. 2022A AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±9.24 ACRES LOCATED WEST OF AND ADJACENT TO 29TH COURT, FROM A-1, AGRICULTURAL -1 DISTRICT, TO IG, GENERAL INDUSTRIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: A PARCEL OF LAND IN NE % SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA NORTHWEST CORNER OF THE NE % OF THE NE % OF SAID SECTION 22: THENCE RUN EAST 26.17 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE TO RUN EAST A DISTANCE OF 377.90 FEET; THENCE SOUTHERLY PARALLEL TO THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD, A DISTANCE OF 1197.07 FEEET TO THE NORTH LINE OF THE SOUTH 5 ACRES OF SAID NE % OF THE NE %; THENCE RUN WEST ALONG SAID LINE, A DISTANCE OF 377.66 FEET; THENCE RUN NORTHERLY PARALLEL TO THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD, A DISTANCE OF 1197.24 FEET TO THE POINT OF BEGINNING. CONTAINING 9.24 ACRES Attachmeri6d ORDINANCE NO. 2022 - is changed from A-1, Agricultural -I District to IG, General Industrial District. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 7t' day of June, 2022. This ordinance was advertised in the Press -Journal on the 25th day of May 2022, for a public hearing to be held on the 7t' day of June, 2022 at which time it was moved for adoption by Commissioner , seconded by , and adopted by the following vote: Peter D. O'Bryan, Chairman Joseph Earman, Vice Chairman Susan Adams, Commissioner Joseph E. Flescher, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Peter D. O'Bryan, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney Attachmeriet ORDINANCE NO. 2022 - APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP; Community Development Director Attachmer�W3 10.A.4. 06/0/72022 Indian River County Board of County Commissioners June 07,, 2022 Indian River County Board of County Commissioners, and Kelly Stanton of Supermix Rezoning Request Location & Existing Land Uses Located South of and Adjacent to 53rd Street and 29th Court 2-4o- 1 10.A.4. 06/0/72022 Purpose • Secure the zoning necessary to develop the site with uses that are allowed under the IG zoning district at a density consistent with the allowed density of its comprehensive plan land use designation (which is C/1). •Uses under any commercial or industrial zoning district subject to Other Corridors Special Development Regulations PZC Action •On April 28, 2022, PZC recommended that BCC approve the request unanimously. 10.A.4. 06/0/72022 A-1 Zoning •A-1 district within the Urban Service Area (U.S.A.) serves as a "holding zone" until the property owner, based on market conditions, requests a zoning consistent with the property's land use designation. IG Zoning • IG: General Industrial District: The IG, general industrial district, is intended to provide areas where a broad range of industrial activities may locate and operate without significant adverse impacts on nearby properties. The IG district is further intended to promote the establishment of employment centers that are accessible to the transportation system and other necessary urban services. 24o - 3 10.A.4. 06/0/72022 Other Corridors Special Development Regulations • Aesthetic regulations for: • Buildings • Landscaping • Signs • Lighting • Pedestrian connections required Future Land Use Map 10.A.4. 06/0/72022 C/I Future Land Use Designation The Commercial/Industrial Future Land Use Designation is intended to provide areas for the development of industrial and commercial uses. • Located in areas with suitable levels of service and infrastructure for urban scale development. • Located along major transportation routes and separated from residential areas. 24� 5 10.A.4. 06/0/72022 Criteria Analyzed •Concurrency • Consistency with the Comprehensive Plan •Consistency with County Land Development Regulations • Environmental impact •Compatibility with surrounding uses Concurrency Check for sufficient capacity for certain facilities • Transportation • Water • Wastewater • Solid Waste • Stormwater Management A detailed concurrency review will be done at the time of project development 10.A.4. 06/0/72022 Most Intense Use with Existing Zoning • Agricultural -1 (A-1): 92,400 Sq.Ft. of Retail Agricultural Trade Most Intense Use with Proposed Zoning • General Industrial (IG): 184,800 Sq. Ft. of General Industrial Consistency with the Comprehensive Plan Future Land Use Obiective 1 • Promotes a compact and energy efficient land use pattern Future Land Use Policies 1.17 I% • Within USA (Urban Service Area), near Urban Center Future Land Use Policy 1.18 • This request would encourage the development of Commercial / Industrial in Commercial/ Industrial areas Future Land Use Policy 1.43 • For the subject properties IG is appropriate given the locational criteria of FLUE Policy 1.43 KM 10.A.4. 06/0/72022 Future Land Use Policy 1.43 Table 1 SUBJECT PROPERTY 41 Proposed General Industrial (IG) Zoning District Review Criteria Meets Comments Criteria? 1. Along arterial roads and major Yes The subject property abuts 53rd Street to the north, intersections which is an Urban Principle Arterial roadway. Nearby to the east, 53rd Street intersects with US -1 and Old Dixie Highway, 2. Along railroad tracks Yes Subject Properties are within 700 feet of the railroad tracks. 3. Near industrial areas Yes The CEMEX facility north of the subject properties; to the east is Titan; both zoned IG, General Industrial 4. Separated from residential Yes The subject property is over 114 mile away from development by a major roadway or Waterway Village (the nearest residential development). intervening property 5. Separated from retail and office areas Yes There are no retail or office areas adjacent to the subject property. Retail uses are east of the FEC Railway and Old Dixie Highway. Consistency with County Land Development Regulations Rezoning request is consistent with all applicable sections of the County Land Development Regulations(LDRs), including Section 902.12(3) standards of review. 10.A.4. 06/0/72022 Environmental Impacts • Currently contains vacant land that is vegetated. • Rezoning the property is anticipated to have no adverse impacts to the environment. A detailed analysis on potential environmental impacts resulting from development will be conducted during the development review phase Conclusion Requested IG is: • Compatible with surrounding uses • Consistent with the comprehensive plan and Land Development Regulations • Meets Concurrency test • Meets Criteria to be Rezoned • No additional environmental impacts • Staff supports request X- 9 10.A.4. 06/0/72022 Recommendation Staff and the PZC recommend that the BCC approve the rezoning request from A-1 to IG I I I 1 10. 4.4. BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY NOTICE OF REZONING - PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will consider the adoption of a County ordinance rezoning land within the unincorporated portion of Indian River County. A public hearing at which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday, June 7th, 2022, at 9:00 a.m. in the County Commission Chambers of the County Administration Building, Building A, located at 1801 27th Street, Vero Beach, Florida. The proposed ordinance to rezone the subject property is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY #9.24 ACRES LOCATED WEST OF AND ADJACENT TO 29TH COURT, FROM A-1, AGRICULTURAL -1 DISTRICT, TO IG, GENERAL INDUSTRIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. The rezoning application may be inspected by the public at the Community Development Department ofthe County Administration Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more information, contact Chris Baiter at (772) 226-1243. The Board of County Commissioners may adopt another zoning district, other than the district requested, provided that the adopted zoning district is consistent with the county's comprehensive plan. Anyone who may wish to appeal any decision that may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By: -s- Peter D. O'Bryan, Chairman 29801ndustdal Boulevard LLC /• 9,,140 Acres A.1 t. W, � t tj t Cac Vero I LLC /- 0.100 Ac— Al to IG r-V......�..... <I � t fN—GG19860 )S /it's Treasure Com Newspapers PART OF THE USATODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY PLANNING 1801 27TK ST VERO BEACH, FL 32960 ATTN STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 5/25/2022 Subscribed and sworn to before on May 25th, 2022 tl. Notary, State of Wf. C44unty of Brown My commission expires: L .-7 KAiHLEE ALLEN Publication Cost: $315.00 Notary Public Ad No: GC10888147 Customer No: 463755 State of Wisconsin PO#: BCC SUPERMIX THIS IS NOT AN INVOICE fflw Final Publication Date 5/25/2022 Ad Number GC10888147-01 Publication INDIAN RIVER Market TREASURE COAST Delivery Method Email Number of Affidavits Needed 1 Customer Email kcharest@ircgov.com Your Name PATTI ROUSE Email Address Prouse@gannett.com )-4�-r3 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission Bill Rigby, Ronald Reeves, and Vernon Reason NAME OF INDIVIDUAL OR ORGANIZATION: West Wabasso Progressive Civic Club 8468 59th Ave ADDRESS: SUBJECT MATTER FOR DISCUSSION: PHONE: 772-501-4753 Dasie Hope Center/West Wabasso Progressive Civic Club Lease Termination IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone YES Yl NO F-1 YES 1:1 NO COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 247 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: John Stoll; Chief, Long Range Planning DATE: May 25, 2022 RE: Consideration of Lemnature AquaFarms USA, Inc's Request for a Local Jobs Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its meeting of June 7, 2022. DESCRIPTION AND CONDITIONS As part of the County's initiatives to improve the local economic base, a package of economic development incentives designed to attract targeted businesses to the county and to encourage existing businesses to expand their operations within the county was established in 1996. Included in that package of incentives was a local job grant program. That program, which was revised by the Board of County Commissioners in October 2000, December 2006, and March 2009, provides a financial incentive to businesses that create good paying, full-time jobs in Indian River County. Lemnature AquaFarms USA, Inc has applied for a local job grant for its business which will utilize aquaculture to produce plant -based food and beverages. As proposed, Lemnature AquaFarms USA, Inc will bring a targeted business with approximately 46 new jobs to the county. To be eligible for the County's Local Job Grant Program, an applicant must create at least 5 new jobs, and those jobs must pay wages equal to or greater than 75% of the county's average annual wage ($46,289 current average annual wage). Currently, seventy-five percent of the County's average annual wage is $34,716.75. All of the proposed forty-six jobs meet the minimum wage requirements for the job grant application. Based upon proposed wages and jobs, Lemnature AquaFarms USA, Inc. is eligible to receive up to a $200,000 jobs grant. KM ANALYSIS Company Lemnature AquaFarms USA, Inc is planning to expand in Indian River County and create 46 new jobs. All forty-six of the proposed jobs meet the minimum annual wage requirements under the Indian River County Local Jobs Grant Program. Due Diligence As part of the process of evaluating Lemnature AquaFarms USA, Inc. for participation in the County's Local Jobs Grant Program, County staff and Chamber of Commerce staff conducted research on the applicant, its officers, and agents. Actions taken as part of this due diligence process included: • Obtaining and evaluating a Dun and Bradstreet credit/financial report for Lemnature AquaFarms USA, Inc • Conducting a general internet search for Lemnature AquaFarms USA, Inc. and its officers using key words such as, but not limited to, "foreclosure", "lawsuit", "crime", "criminal", and "defendant"; • Checking the Florida Department of State Division of Corporations website for corporate registrations and liens; • Searching County official records for tax liens, judgments, and pending litigation; • Using Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions; and • Other searches as needed Staff focused its due diligence research on the main sources of data readily available. Based upon that research and an evaluation by the Chamber's project review committee, Lemnature AquaFarms USA, Inc appears to be financially acceptable and appears not to have significant legal problems among its principals and officers that might raise concerns for providing Lemnature AquaFarms USA, Inc with public funds through the Local Jobs Grant Program. Under the jobs grant program, public funds are expended only after performance is verified (new jobs created at adequate wage levels). Local Jobs Grant Eli ig'bility Review ➢ Industry Classification of Business To qualify for the County's Local Job Grant Program, a company must be one of the county's targeted industries. Under the County's target industry list, Lemnature AquaFarms USA, Inc. 2 a, % qualifies for the jobs grant program under the "Manufacturing/Warehouse/Distribution — Food Manufacturing." ➢ Job Creation Threshold As structured, the county's jobs grant program provides $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage; $5,000 for each new position created that pays from 100% to 149.99% of the County's average annual wage; and $7,000 for each new position created that pays 150% or more of the County's average annual wage. Currently, the County's average annual wage is $46,289. It is anticipated that Lemnature AquaFarms USA, Inc will create 46 new jobs in Indian River County, and all 46 of the proposed jobs will meet the minimum job grant qualification of having wages that are above 75% of the County's average annual wage ($34,716.75). Grant Calculation The following table indicates the number of proposed jobs in each wage category and the amount of job grant associated with that wage category and the total jobs grant amount. Category Qualified Jobs Amount per Job Total 75% of county average wage 23 $3,000 $69,000 100% of county average wage 15 $5,000 $75,000 150% of county average wage 8 $7,000 $56,000 Sub -Total Grant Amount $200,000 Jobs Grant Agreement If the Economic Development Council recommends that the Board of County Commissioners approve Lemnature AquaFarms USA, Inc Local Job Grant Application, staff will prepare a local job grant agreement to be executed between the County and Lemnature AquaFarms USA, Inc. That agreement will stipulate various requirements, including that: The grant will be payable over a four-year period by phase. Lemnature AquaFarms USA, Inc will provide copies of its quarterly reemployment compensation reports (RT — 6 forms) to the County so that the County can verify that the number of jobs claimed for each local job grant payment level is being provided. Lemnature AquaFarms USA, Inc will supply documentation to the County showing that employees reside within the County or in adjacent counties. 250 The agreement will also include automatic termination provisions that are dependent upon performance (or lack thereof) by Lemnature AquaFarms USA, Inc. Under those provisions, automatic termination will occur either on the date the County has made the last jobs grant payment or upon failure of Lemnature AquaFarms USA, Inc to meet the minimum of 5 jobs hiring deadline or upon failure to provide quarterly reports for a period of three years. Funding & Proposed Payment Schedule If approved, the local jobs grant will be funded from County General Fund contingencies taken from four separate County fiscal years starting in County fiscal year 2022-23. The following table indicates the proposed grant funds to be distributed to Lemnature AquaFarms USA, Inc by fiscal year. FY Proposed Job Grant Payments 2022/23 $16,666.67 2023/24 $66,666.66 2024/25 $66,666.67 2025/26 $50,000 Total $200,000.00 The proposed payment dates and payment amounts stated will vary, depending upon actual performance by Lemnature AquaFarms USA, Inc. Since there may be unanticipated delays in hiring new employees, an allowance for an administratively approved extension of up to one year will be included in the jobs grant agreement. That allowance could shift grant payments out by up to one year. CONCLUSION Based on the analysis conducted, staff has determined that Lemnature AquaFarms USA, Inc qualifies for a local job grant of up to $200,000. ECONOMIC DEVELOPMENT COUNCIL ACTION At its regular meeting on May 17, 2022 the Economic Development Council voted unanimously to recommend that the Board of County Commissioners approve a local jobs grant of up to $200,000 for Lemnature AquaFarms USA, Inc with an effective date of May 17, 2022. El 251 RECOMMENDATION Staff and the Economic Development Council recommend that the Board of County Commissioners: 1. Approve a local job grant of up to $200,000 for Lemnature AquaFarms USA, Inc with an effective date of May 17, 2022. 2. Authorize the chairman to sign the Jobs Grant Agreement for Lemnature AquaFarms USA, Inc after approval of the agreement by appropriate county staff and the county attorney's office (draft agreement attached). ATTACHMENTS 1. Jobs Grant Application 2. Draft Jobs Grant Agreement FACommunity Development\Users\EDplannr\INCENTIVES & FUNDING\JOBS GRANT PROGRA-M\ACTIVE JOBS GRANTS\Project Green\BCC agenda item - Project Green.doc 252 (E INDIAN RIVER COUNTY LOCAL JOBS GRANT PROGRAIVII APPLICATION Overview To attract new businesses to locate in Indian River County and to encourage existing businesses to expand locally, the Board of County Commissioners (the Commission) has established the Local Jobs Grant program. The program offers eligible businesses (those within the County's Target Industry list) financial incentives for creating new higher -wage jobs within the County and maintaining those jobs over multiple years. Targeted businesses that create five (5) or more new jobs within the County paying at least 75% of the current county average annual wage are eligible to apply. Effective 1/1/2022, the county uses the State's 2020 Average Annual Wage for IRC of $46,289. Qualifying businesses will be paid per job in accordance with the table below. An additional 10% bonus is available for a business that locates within the Indian River County/City of Vero Beach Enterprise Area of Gifford. Percent of Average Wage* of New Qualified Jobs Grant Amount per New Job Created 75% to 99.99% of county average annual wage $3,000 per job 100% to 149.99% of county average annual wage $5,000 per job 150% or more of county average annual wage $7,000 per job *Average Annual Wage includes salary, bonuses, and commissions (excluding benefits). Local Jobs Grant payments are provided on a per job basis, with 1/3rd of the designated payment being made 1 year after the job is in place, 1/3rd of the designated payment being made 2 years after the job is in place, and 1/3rd of the designated payment being made 3 years after the job is in place. Application Review Process Generally, the Local Jobs Grant application and award process takes 30-45 days. Because the Jobs Grant program is an economic development incentive, jobs provided by a company prior to local jobs grant application review and approval are not eligible and should not be included in a Local Jobs Grant application. Applications are first reviewed simultaneously by the Indian River County Chamber of Commerce and the Indian River County Community Development Department to verify that the business meets eligibility criteria and that the application is complete. Once that determination is made, the Local Jobs Grant application is scheduled for review by the Indian River County Economic Development Council (EDC). ATTACHMENT 1 253 The EDC is an advisory board to the County Commission. As such, the EDC reviews Local Jobs Grant applications and provides comments and recommendations to the Commission. Generally, Local Jobs Grant applications are scheduled for consideration by the Commission approximately 1 to 2 weeks after EDC review. If the Commission approves the application, a Local Jobs Grant agreement is executed between the County and the business and is effective on the day of the Commission approval. For any questions about the Local Jobs Grant program, please call the Indian River County Economic Development Planner at (772) 226 — 1243 or the Indian River County Chamber of Commerce Economic Development Director at (772) 567 — 3491, extension 121. Please Note: Both the Indian River County Chamber of Commerce and Indian River County conduct due diligence on local jobs grant applicant businesses, owners, officers, and agents. As part of the due diligence process, additional information may be requested. Confidential information and results of the County's and Chamber of Commerce's due diligence will be shared only between applicable county staff and the Chamber's Economic Development Director. If the Local Jobs Grant applicant is also applying for state economic development incentives, this confidential information and results of due diligence findings may be shared with Enterprise Florida staff, as covered by State Statute. 2 ATTACHMEW 1 zi LOCAL O. PROGRAM APPLICATION I. APPLICANT INFORMATION: lease Fill In the Grey Shaded Cells Lemnature A uaFarms USA, Inc. Frank Jimenez, CEO Business Name Daniel Wiethorn, CFO Gene Lang, General Council Business Owner(s) Full Legal Name(s) (e..,,,. John Howard Smith, Jr.) Officers Full Legal Names Agent(s) Full Legal Name(s) (Enter Officers in multiple lines above) 1991 74'hAve., Suite B Vero Beach FL 32966 Address City State Zip Code 772-263-7609 Juli.daloiaWlemnatureusa corn www.lemnatureusa.com Phone Number E-mail Website Juli-Anne W. D'Aloia Vice President of Human Resources Contact Person (Legal Name) Title Business Unit's Federal Employer Identification Number: 46-2359555 Business Unit's Unemployment Compensation Number: Which of the following best describes this business: Yes/No No New business to Indian River Countv Yes - X Existing business in Indian River County If an expansion, how many 'obs are currently in the business? 115 II. PROPOSED SITE LOCATION (if known): 455 1461' Ave. Vero Beach 32966 Address City Zip Code 33371500000300000001.0; 33371500000300000001.0 Property Parcel Number(s) Current Location (if different) Address City Zip Code Property Parcel Numbers) ATTACHMEN451 III. BUSINESS DESCRIPTION: Give a full description .of the primary business activities/functions: Lemnature Aquafarms USA's mission is to create a model to feed the world and improve health with plant - powered foods through a global, highly sustainable aquacultural footprint. When we accomplish this mission, we will achieve our vision of becoming one of the world's leading and environmentally conscious providers of plant - based nutrition. Our vertically integrated farming system allows us to grow, harvest, and processes our crop 365 -days a year, which produces a novel and highly innovative plant -based food ingredients with superior nutritional and functional properties. List the NAICS Code(s) for the business: 31119 91 axxa, /A Note: NAICS Codes for business types can be found at the following website: https://www.census.,ov/eos/�vw-w/mics/ Will the site be a dedicated headquarters office (regional national or international)? SIV. JOB CREATION INFORMATION: Anticipated number of new full-time jobs that will be created by the business in Indian River County: Salary range of new full-time jobs identified in the previous question: (PLEASE LIST ALL NEW POSITIONS AND SALARIES ON APPENDIX A OF APPLICATION) Phase Number of net new Date by which promised jobs will be Year Average full-time equivalent provided (Please circle the appropriate quarter end Annual jobs created by the date) Wages ($) business List jobs in no less than I and no more than 3 List at least 3 jobs in Phase I. phases. I Dec. 31st Mar. 31st June 301 Sept. 301' 46 9 37 2022 $70,000.00 II Dec. 31st Mar. 31st June 30th Sept. 30th III Dec. 31st Mar. 31st June 30th Sept. 30th Total 4 ATTACHMENT V. CRIMINALICIVIL FINES OR PENALTIES: List and explain any criminal or civil fines or penalties or ongoing investigations that have been imposed upon the company, its executives, or its affiliates and any recent bankruptcy proceedings of the applicant or its 2Eent com an : None. VI. CONFIDENTIALITY: In accordance with Section 288.075 of the Florida Statutes, the Applicant may request that Indian River County maintain the confidentiality of all information regarding the Project (including information contained in this application) for the lesser of a 12 month period after the date of this application (which may be extended for an additional 12 months upon request), 6 months after the issuance of the final project order approving the project or until the information is otherwise disclosed. 3 Please indicate whether the Applicant is requesting confidential treatment of the Project in ! accordance with Section 288.075 of the Florida Statutes. F Yes No To best of my knowledge, the information included in this application is accurate. of Owner or Authorized Representative D'Aloia Printed Name 14 - Date ATTACHMENT 157 JOBS GRANT APPLICATION CHECKLIST ATTACHMENT 1 258 YES I NO I' Cover letter requesting confidentiality X II. Brief narrative that describes nature of applicant's business X III. Letter of Authorisation from owner if applied for by anyone other than X owner IV. Sworn Statement on Disclosure of Relationships and Disclosure of X Financial Conflict of Interest ATTACHMENT 1 258 04 :.:C4PC v MP �& .0 S .mPC b t ... n " w ''p er V rte. U rte+ q V M L� � -80 1.' � Wo it 0 ° 1a 6�c moi v A Aft a� as CQ rA G � G � da a� A � ! 4 _ VJ O a t SO 0o C4 EM 0 o NO C14.N., .N.V. co R(UQ ,O� .� ,�O .r V 1 .� �� U W.0 Q w� ps Ip a � Qa d ~ �.�y a w 4 O O d 1eq O N C N ,a t«, N N N N U. -a i A 0 H O 33�* H .5 b U 71 ti a c x SO N N O eq o iS 80 �a n d as o D' � O da t y N �+ N S a c '~ L L2 O C O i C h � N N O SWORN STATEMENT ON DISCLOSURE OF RELATIONSHIPS AND DISCLOSURE OF FINANCIAL CONFLICT OF INTEREST THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Local Jobs Grant Applications. 2. This sworn statement is submitted by: Lemnature AquaFarms USA. Inc. (Name of entity submitting Statement) whose business address is: 1991 741 Ave.. Suite B. Vero Beach. FL 32966 3. My name is Juli-Anne W. D'Aloia (Please print full legal name of individual signing) and my relationship to the entity named above is Vice President of Human Resources 4. I understand that an "affiliate" means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. I understand that business relationships and other financial relationships between affiliate and a County Commissioner or County employee, as each of these terms are defined under items 4 and 5 above, must be disclosed as part of this sworn statement. 7. Based on information and belief, the Disclosure of Relationships statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have an\ relationshil)s as defined under item number 5 above, with any County Commissioner or County employee. ATTACHMENT 1 263 Local Jobs Grant Applicant Sworn Statement on Disclosure of Relationships Page 1 of 3 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity, have the following relationships with a County Commissioner or County employee: Name of Affiliate or entity Name of County Commissioner or Employee Relationship 8. Based on information and belief, the Disclosure of Financial Conflict of Interest statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have an financial or business relationships as defined under item number 6 above, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity, has the followinu financial or business relationships with a County Commissioner or County employee: Name of Affiliate or Entity Name of County Commissioner or Employee Description of Business or Financial Relationship -91-14(Signature) (Date) ATTACHMEN�6� Local Jobs Grant Applicant Sworn Statement on Disclosure of Relationships Page 2 of 3 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of r 2022, by Juli-Anne W. D'Aloia who is ersonally known me or who has produced as identification. NOTAR JBLIC SIGN: PRIN' . � -�.e -- 1 t Notary Public, State at large` My Commissio, SEN es (Seal) ZQ5tON FACommunity Development\Usm\EDplannAIncentives & FundingVobs Grant Pmgram\ApplicationTINAL Disclosure of Relationships Form.doc ATTACHMENT 1 265 Local Jobs Grant Applicant Sworn Statement on Disclosure of Relationships Page 3 of 3 JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND LEMNATURE AQUAFARMS USA, INC. THIS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ("Agreement") is made as of the 17th day of May, 2022 (the "Effective Date") by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as COUNTY, and Lemnature AquaFarms USA, Inc, a company authorized to do business in the State of Florida, hereinafter referred to as COMPANY. BACKGROUND RECITALS: WHEREAS, it is the policy of COUNTY to stimulate economic growth in COUNTY by either attracting new businesses to COUNTY or by encouraging the expansion of existing businesses within COUNTY; and WHEREAS, the creation of new employment opportunities for residents of COUNTY and the increased tax revenues resulting from such business expansions or relocations within COUNTY is beneficial to the local economy; and WHEREAS, COUNTY has determined that offering a Jobs Grant Program encourages businesses to expand within or new businesses to locate in COUNTY and thereby creates new employment opportunities for the residents of COUNTY; and WHEREAS, COUNTY, through its Board of County Commissioners, has created a local Jobs Grant Program; and WHEREAS, COMPANY currently has 113 full time employees employed within Indian River County, and WHEREAS, COMPANY, in accordance with the COUNTY's Jobs Grant Program criteria, is a Existing Business that will expand its business in COUNTY to create 46 additional full-time jobs which pay at least 75% of COUNTY's average annual wage level; and WHEREAS, COUNTY has determined that COMPANY is eligible to receive a Jobs Grant; and WHEREAS, COMPANY acknowledges that this Agreement shall be based upon compliance with COUNTY Jobs Grant Program requirements; and, WHEREAS, COUNTY finds and declares that it is in the public interest to award a Jobs Grant to COMPANY pursuant to the terms of this Agreement. -1- Attachment 2 266 DRAFT NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. Definitions. As used in this Agreement, the following terms shall mean: a. "Adjacent Counties" means Brevard, Osceola, St. Lucie, Okeechobee, and Martin Counties. b. "Annual Wage" - includes salary, bonuses, and commissions. c. "Default" - failure to comply with the terms of this Agreement. d. "Expanding Business" — shall be defined as a business expanding its operation over and above its base employment amount at the time of jobs grant approval by 5 or more new jobs to employ 5 or more new full-time employees in the COUNTY within the term of the Grant. e. "Full-time Equivalent Job" - shall be defined as a position that is scheduled for at least 35 hours per week. f. "Indian River County Average Annual Wage" — shall be defined as the average annual wage per job in COUNTY as determined by Florida Agency for Workforce Innovation, Labor Market Statistics Center, Quarterly Census of Employment and Wages Program, in cooperation with the U.S. Department of Labor, Bureau of Labor Statistics. Currently, the COUNTY's average annual wage is $46,289 (effective January 1St 2022 for the state QTI Tax Refund Program). This dollar value shall be used for the duration of this Agreement for determining local jobs grant incentives. g. "New Business" —shall be defined as a business establishing 5 or more new jobs to employ 5 or more new full-time employees in the COUNTY within the term of the Grant (as such term is hereinafter defined), provided that such business first begins operations on a site in the COUNTY clearly separate from any other operation owned by the same business. h. Commencement Date" — the date that the COUNTY begins tracking qualifying jobs for potential local jobs grant payments. Such date shall start on one of the following dates: January 1St, April 1St, July lst, or October 1St of a year agreed to by COUNTY as established within this Agreement or as otherwise modified in accordance with this Agreement. i. "Qualifying job" —a full-time equivalent job having an annual wage equal to or greater than 75% of Indian River County's Average Annual Wage. Such jobs must be filled by people who live in COUNTY or Adjacent Counties. -2- Attachment 2 267 DRAFT "Quarterly Reemployment Compensation Report (RT -6 form)" — Form from the Florida Department of Revenue that businesses in the state of Florida must complete and submit to the state on a quarterly basis. Information collected on the form includes the names of employees, their social security numbers, and the gross wages paid to each employee on a quarterly basis. The information is used for reemployment compensation should employees cease to be employed. For purposes of this Agreement, this definition shall also include other similar COUNTY approved certified forms from COMPANY or COMPANY's professional employer organization. k. "Relocation of a business" — a business relocating to COUNTY and employing 5 or more full-time employees in the COUNTY. 1. "Target Industry" — An industry identified within the Target Industry List of the Economic Development Element of COUNTY's Comprehensive Plan (Policy 2.5 of the Economic Development Element). 2. Term; Termination. This Agreement shall be effective as of the date of this Agreement stated on page 1 and shall automatically terminate after one of the following has occurred (whichever occurs first), unless terminated earlier by COUNTY because of a Default by COMPANY. a. COUNTY has made the last payment to COMPANY; b. COMPANY did not employ a minimum of 5 new Qualifying Jobs by the Commencement Date, as may be modified; or c. COMPANY failed, for a period of 3 consecutive years (12 quarters), to provide required Quarterly Reemployment Compensation Reports (RT -6 form) to COUNTY. Grant Eligibility; Payment Schedule. a. COMPANY will be eligible for total Jobs Grant Funding (hereinafter a "Grant") in an amount of up to $200,000. COMPANY acknowledges and agrees that the initial Grant under this Agreement is payable on a re -imbursement basis. The number of jobs estimated to be provided is listed below. Jobs grant payments are dependent upon the number of employees exceeding the company's employment level at the time that this Agreement is approved by the Indian River County Board of County Commissioners, and by the criteria set forth below. (i) For Phase I, 9 new qualifying jobs meeting the wage level commitment in Section 5 of this Agreement shall be provided by the phase -3- Attachment 2 NES DRAFT commencement date 7/01/22. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMPANY shall receive 1/3 of the Grant amount for those 10 jobs. (ii) For Phase II, 36 new qualifying jobs meeting the wage level commitment in Section 5 of this agreement shall be provided by the phase commencement date 10/01/22. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMPANY shall receive 1/3 of the Grant amount for those 36 jobs. (iv) It is understood that the quantity of jobs proposed above, their annual wages, and dates of hire are estimates. Because of that, the quantity of jobs provided may be less than 46, and the Commencement Date (for Grant tracking) may be extended. Proposed jobs will remain eligible for Grant incentives provided: a. The minimum number of qualifying jobs provided in Phase I is 5. b. The maximum number of jobs eligible for local jobs grant funds for Phases I, and II is 46. c. The maximum extension for a phase commencement date shall be one year. Such commencement date extension may be approved administratively by the County Community Development Director or his designee provided the extension date meets the requirements of Section 3 of this agreement. If any of the 46 eligible jobs proposed for Phases I, and II are created after the Phase II commencement date or, if applicable, after an administratively approved extension to the Phase II commencement date, those jobs shall not be eligible for local jobs grant funds. In no case shall the total Grant exceed $200,000. (v) Failure of COMPANY to maintain claimed jobs for at least 3 years at required wage levels will result in the reduction of the Grant amount paid to COMPANY, as set forth herein. If, by the end of any of the annual periods, COMPANY has not maintained the total number of claimed jobs required or if COMPANY has provided the total jobs required, but the annual wage for any of those jobs is less than required for that year, the Community Development Department Director, or his designee, will lower the jobs grant award for the respective year by the amount allocated in such year for each job for which the requirements of this agreement are not met. -4- Attachment 2 269 DRAFT Thus, the total jobs grant award could be less than $200,000 by the end of this Agreement. (vi) If COMPANY changes the products or services it provides in such a way that would make COMPANY no longer qualify as a "Target Industry" or if COMPANY relocates outside of Indian River County, COMPANY shall be in Default of this Agreement. COMPANY shall reimburse COUNTY for payments made to COMPANY while COMPANY was not a "Target Industry or if while COMPANY was not relocated within Indian River County." (vii) During the Term of this Agreement, COMPANY shall have a majority (greater than 50%) of its goods and services, attributable to the Indian River County location, sold or distributed outside of Indian River County. COMPANY shall reimburse COUNTY for payments made to COMPANY while COMPANY did not meet this requirement. b. Performance Evaluation for Payment. Prior to the submittal of COMPANY's 1" Quarterly Reemployment Compensation Report COMPANY shall provide to the COUNTY Community Development Director, or his designee, an employee census and a copy of the Quarterly Reemployment Compensation Report for the Effective Date of this Agreement. That employee census must list employee name, job title, city and state in which the employee lives, annual salary, location where employee works, and date of hire. COMPANY's performance evaluation will be conducted on an annual basis using the information provided on the Quarterly Reemployment Compensation Report (RT -6 form) and COMPANY's quarterly updates to its employee census. Each updated employee census must include the information referenced above plus the date of termination for each employee (if the employee terminates employment with the COMPANY). COMPANY shall supply additional documentation to the Community Development Director, or his designee, in a form acceptable to the Community Development Director, or his designee, showing that positions for which Grant funds will be awarded are filled by people who live in COUNTY or Adjacent Counties. The Grant eligibility determinations will cover one year periods, with each yearly period beginning and ending as follows: -5- Attachment 2 270 Phase Grant Eligibility Determinations is` 2 n 3 r (final Begin End Begin End Begin End I 7/01/2022 6/30/2023 7/01/2023 6/30/2024 7/01/2024 6/30/2025 II 10/01/2022 9/30/2023 10/01/2023 9/30/2024 10/01/2024 9/30/2025 (i) Each job must meet the minimum wage requirements specified in this Agreement. Payment of Grant funds shall be made based on the County's current adopted payment calculation methodology (methodology approved by the BCC on 10-24-2017) within forty-five (45) days after the date COMPANY submits the latest Quarterly Reemployment Compensation Report comprising the Annual Job Status Report (as defined in Paragraph 6), and this payment obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, should the date for filing the last Quarterly Reemployment Compensation Report, as described above, not coincide with the date that an eligibility determination is made, COMPANY shall have the right to file a Quarterly Reemployment Compensation Report, in a form substantially similar to a Quarterly Reemployment Compensation Report, and such Quarterly Reemployment Compensation Report shall constitute the Annual Job Status Report, the filing of which shall begin the running of the forty-five (45) -day period within which payment shall be made. If COMPANY applies for a Qualified Target Industry (QTI) Tax Refund from the State of Florida and if COMPANY has that QTI Tax Refund approved by the State, the Community Development Director or his designee will reduce the Grant amount paid directly to COMPANY for each eligibility determination in an amount sufficient to cover COUNTY's QTI Tax Refund 20% contribution obligation to the State for COMPANY's QTI Tax Refund agreement. The Community Development Director or his designee will submit the 20% payment obligation to the State for placement in the Florida Economic Development Trust Fund. (ii) If at the time of performance evaluation for payment as described in subsection 3.b COMPANY is not current on COUNTY Real Estate and Tangible Personal Property Taxes, COUNTY shall withhold Grant payments for that eligibility determination time period and COMPANY shall automatically forfeit its right to collect Grant payments for that eligibility time period. COMPANY shall remain eligible for any remaining future Grant payments for future eligibility time periods provided COMPANY is current on such taxes referenced above at the time of future Grant eligibility determination time periods. -6- Attachment 2 271 F 4. Job Creation Commitment. COMPANY estimates that it will provide 46 new Qualifying Jobs within COUNTY as set forth in Exhibit `B", which is attached hereto and made a part hereof. The exact number of jobs actually supplied and their salaries, however, may vary. Grant funds will be awarded up to a maximum of $200,000. The Grant award will be based on the following: Category* Amount Per Job 75% to 99.99% of Indian River County 53,000 Average Annual Wage 100% to 149.99% of Indian River County 55,000 Average Annual Wage 150% of Indian River County Average $7,000 Annual Wage (or greater) *One average annual wage category will be utilized consistent with Exhibit "D" and the County's current adopted payment calculation methodology. 5. Wage Level Commitment. COMPANY estimates that it will pay 23 employees whose jobs are eligible for a Grant hereunder an annual wage of not less than $34,716.75, will pay 15 employees an annual wage of not less than $46,289, and will pay 8 employees an annual wage of not less than $69,433.50. The annual wage of the positions will be determined without taking into account the value of any benefits. COMPANY shall, in accordance with the provisions of paragraph 6 below, provide written verification of such wages satisfactory to the Community Development Director or his designee. 6. Annual Job Status. COMPANY must provide the Community Development Director or his designee with Quarterly Reemployment Compensation Reports (Form RT -6) of its business operations within COUNTY on State form RT -6, as amended, a sample of which is attached hereto and made a part hereof as Exhibit "C". COMPANY must also provide the Community Development Director or his designee with quarterly updates to its employee census for employees working at its Indian River County location(s) (see section 3.b. of this Agreement). The cumulative Quarterly Reemployment Compensation Reports required to be filed for the annual period, correlated with each eligibility determination and the corresponding quarterly employee census shall collectively comprise the Annual Job Status Report. Quarterly, COMPANY must also provide the Community Development Director or his designee a signed statement indicating the percent of its total sales/services from the Indian River County location provided outside of Indian River County for the jobs grant payment time period. -7- Attachment 2 272 Starting with calendar quarter 3 in 2023, quarterly reports must be submitted for Grant eligibility determination. Those quarterly reports must be submitted no later than 60 days after the end of each quarter, until the termination of this Agreement. Submittal deadline may be waived by the Community Development Director, for good cause. 7. Default; Termination. Except as set forth herein, in the event that COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, COUNTY may, at its option, terminate this Agreement. 8. Indemnification. COMPANY shall indemnify and hold harmless and defend COUNTY, its agents, servants, and employees from and against any and all claims, liabilities, losses, and/or causes of action which may arise from any negligent act or omission of COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 9. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Indian River County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Parties hereby waive their right for a jury trial. 10. Lobbyist Certification. COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for COMPANY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 11. No Discrimination Certification. COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 12. Attorneys Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. -8- Attachment 2 273 13. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY's failure to maintain its job creation commitment or annual wage level commitment for any one year will result in the decrease of the Grant amount it was scheduled to receive for that year; however, such decrease will not preclude the COMPANY's receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and wage level commitment. 14. Assignment. COMPANY shall not, directly or indirectly, assign or transfer any of its rights or obligations under this Agreement, or any interest therein (the foregoing herein collectively "Transfer"), without the express prior written consent of the Community Development Director. The Community Development Director shall not unreasonably withhold its consent to any Transfer. Any such attempted Transfer without the express prior written Community Development Director consent shall be null and void and may, at the option of the County Community Development Director, be deemed a Default under this Agreement. COMPANY acknowledges and agrees that the Community Development Director has the right, in granting or withholding consent to any Transfer, to consider, among other things, the financial responsibility and business reputation of the proposed assignee or transferee (the foregoing herein collectively "Transferee"); and any other items that the COUNTY Community Development Director, in his sole discretion, deems appropriate. If COMPANY seeks the Community Development Director's consent for a Transfer, COMPANY shall submit to the Community Development Director a written request therefore, accompanied by the following documentation: (i) the name, address, and telephone number of the proposed Transferee; (ii) a description of the business and jobs, including wages, to be created in COUNTY; and (iii) a financial statement or other reasonably detailed financial information concerning the proposed Transferee. If the Community Development Director withholds the consent to Transfer, COMPANY may appeal to the County Administrator. If the County Administrator withholds the consent to Transfer, COMPANY may appeal to the Board of County Commissioners. COMPANY acknowledges and agrees that: (a) the County Administrator or his designee, or the Indian River County Board of County Commissioners, has the right to request any additional information deemed necessary to make the decision relating to consent to the Transfer; and (b) if appealed to the Board of County Commissioners such request for a Transfer is expressly subject to the approval of the Transfer by the Board of County Commissioners, and such Transfer shall become effective only when -9- Attachment 2 274 ra!Xlm signed by the Transferee and approved by the Board, which consent shall not be unreasonably withheld. The foregoing covenant shall be binding on the permitted successors or assigns of COMPANY. The prohibition on Transfers shall not prohibit a change in the form in which COMPANY conducts business. COMPANY will be released from further liability under this Agreement in the event of an approved Transfer; provided that the COUNTY's consent to any Transfer will not otherwise relieve COMPANY from any pre-existing obligation to COUNTY under this Agreement. 15. Conflict of Interest. COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes Part III, Chapter 112. COMPANY further represents that no person having any interest shall be employed for said performance. 16. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to COUNTY shall be mailed to: Community Development Director Indian River County 1801 27th Street Vero Beach, Florida 32960 and if sent to COMPANY shall be mailed to (or current, official address): 199170 Ave., Suite B Vero Beach FL 32966 17. Entire Agreement. COUNTY and COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 18. No Pledge of Credit. COMPANY shall not pledge COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 19. Public Records. COMPANY shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement, as modified by exemptions in Chapter 288, Florida Statutes. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. -10- Attachment 2 275 DRAFT 21. General. The Background Recitals are true and correct and form a material part of this Agreement. 22. TERMINATION IN REGARDS TO F.S. 287.135: COMPANY certifies that it and those related entities of COMPANY as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, COMPANY certifies that it and those related entities of COMPANY as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if COMPANY is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if COMPANY, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 23. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verifv.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has made and executed this Agreement on behalf of COUNTY and COMPANY has hereunto set its hand the day and year above written. -11- Attachment 2 276 DRAFT BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY I:AT Peter D. O'Bryan, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney COMPANY: BY: Title: Typed Name WITNESS: Signature Title: -12- Attachment 2 277 DRAFT EXHIBIT "A" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & DIAMOND DRINKS OF FLORIDA, INC COMPANY Identification and Information: Application received date: April 27, 2022. COMPANY description: LEMNATURE AQUAFARMS USA, INC. is an existing manufacturer in the County that manufactures plant -based food & beverage products. COMPANY'S current mailing address: 1991 74`h Ave., Suite B Vero Beach FL 32966 -13- Attachment 2 278 EXHIBIT "B" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & DIAMOND DRINKS OF FLORIDA, INC I. Target Industry Categories eligible for application: COMPANY qualifies for the Jobs Grant Program under the "Manufacturing/Warehouse/Distribution" category. Under the North American Industrial Classification System (NAICS), COMPANY's activities are classified in the category of "Beverage Manufacturing", NAICS Code #3121. II. Employment Commitment: The COMPANY is receiving this Grant based upon its representation that it will bring the following employment opportunities to COUNTY: 1) 23 # of new, full-time employees whose annual wages are between 75% and 99.9% of Indian River County's average annual wage. 2)__L5 # of new, full-time employees whose annual wages are between 100% and 149.99% of Indian River County's average annual wage 3) 8 # of new, full-time employees whose annual wages are 150% or greater of Indian River County's average annual wage III. Maximum Potential Grant Amount Category Qualified Jobs Amount per Job Total 75% of county average wage 23 $3,000 $69,000 100% of county average wage 15 $5,000 S75,000 150% of county average wage 8 $7,000 $56,000 Sub -Total Grant Amount $200,000 *The actual amount of the grant will depend upon the actual number of jobs provided and the salary paid for those jobs. In no case shall the total amount of the grant exceed $200,000. As noted in the agreement, incremental payments will be made for qualified jobs based upon phase dates and actual company performance in meeting local jobs grant requirements. FXommunity Development\Users\EDplannr\INCENTIVES & FUNDING\JOBS GRANT PROGRAM ACTIVE JOBS GRANTS\Diamond Drinks\BCC Agenda Item\Proposed Jobs Grant Agreement - Diamond Drinks V2.docx -14- Attachment 2 279 DRAFT Exhibit "C" Use black ink. Exurnple A - HandiNrittion Exanple B - Typed Florida Department of Revenue Employer's Quarterly Report E—pit e SEmployers are required to file quartedy tmWage reports regardless of employment activity or whether any taxes are due. , RT -6 Use Black Ink to Complete This Form R. 01/15 QUAFTER ENIDNG DUE DATE PENALTYAFrER DATE TAX RATE RTACCOUNTNUNEER T V1711I F Do not month gesuIII II IIID II III II II IIII I II IIII II thepareuiredbregisterpeehioslrwfions}informs form. F.E.I.NUMBER Name Mailing Addre ss City/St/ZIP Location Address City/stfzlp 1. Enter the total number of full-time and part-time covered workers who performed services during or received pay for the payroll period including the 12!h of the month. if El I st Month 1] _1 2nd Month i;—i r7171 F7 Li 3rd Mmth I I F IL Check if firial return. i H i Lj Date operations Ceased. 1V Li Check if you had out -d -state wages. Attach Enpk)yieris, QUaltertif Report for Out -of -State Takabk- Wages, (RT-6NF). read !hr� S ign here Title !7 1 �Phone Fax - ---- -- Dare :.Phone check -1 Preparer's Preparer's Paid signature if self-employed SSN or FTIN PreParerS Firm's name (or yours FON Dale orgy tselt-empfoyel arId address ZIP Preparer's pricne number DO NOT ------------------------ MACA -------------------- To Rule 7384M037 Employer's Quarterly Report Payment Coupon RT -6 Florida Administrative Code R. 01/15 Effective Date 11/14 Florida Effective of Revenue COMPLETE and MAIL with your REPORT/PAYMENT. DOR USE ONLY i Please write your RT ACCOUNT NUMBER on check Make check payable to: Florida I.I.C. Fund POSTMARK OltIHA�D� 7 _DE LIWRY DATIE FIT ACCOUNT NO. t L __j -U.S. Dollars Cents GROSSWAGES F.E.I. NUMBER LJ 1 !1 Ll (From Line 2 above.) ■ AMOUNT ENCLOSED rom Line Ob above.) 7� L IE F-17 Name PAYMENT FOR QUARTER Mailing ENDING MM/YY Address Check here if you are electing to Check here if you transmitted City/Stfzlp pay tax due in installments. funds electronical280 L gi.nn n 99999999 nnL.An;4nqi. 7 ;nn9999999 nnnn 4 It changes are needed,, request and complete an F—i EmployerAccount Ch8n99 F— (RTS -3). FOR OFFICK 119 011Y POSTMAK DKE Reverse Side Must be Completed �Ht 2. Gross wages paid this quarter (Must total all pages) 11 D 1. Excess wages paid this quarter (See rstructons)Ll pjlj ILI 4. Taxable wages paid his quarter instructions) lLi(See 5. Taxdue (Mulblety Line 4 by Tax Rate) F :0 L J' --- 6. Penalty due (See instructions) ! F-1 [7� I Interest due (See instructors) (See Instrualions) I_i Lj Tatalawasaidoe See instructions) E11---, 1`01 El 0_1 [I r IF] Anwast Eadesed F] F^ If you are filing as a sole proprietor, is this for domestic (household) employment only? read !hr� S ign here Title !7 1 �Phone Fax - ---- -- Dare :.Phone check -1 Preparer's Preparer's Paid signature if self-employed SSN or FTIN PreParerS Firm's name (or yours FON Dale orgy tselt-empfoyel arId address ZIP Preparer's pricne number DO NOT ------------------------ MACA -------------------- To Rule 7384M037 Employer's Quarterly Report Payment Coupon RT -6 Florida Administrative Code R. 01/15 Effective Date 11/14 Florida Effective of Revenue COMPLETE and MAIL with your REPORT/PAYMENT. DOR USE ONLY i Please write your RT ACCOUNT NUMBER on check Make check payable to: Florida I.I.C. Fund POSTMARK OltIHA�D� 7 _DE LIWRY DATIE FIT ACCOUNT NO. t L __j -U.S. Dollars Cents GROSSWAGES F.E.I. NUMBER LJ 1 !1 Ll (From Line 2 above.) ■ AMOUNT ENCLOSED rom Line Ob above.) 7� L IE F-17 Name PAYMENT FOR QUARTER Mailing ENDING MM/YY Address Check here if you are electing to Check here if you transmitted City/Stfzlp pay tax due in installments. funds electronical280 L gi.nn n 99999999 nnL.An;4nqi. 7 ;nn9999999 nnnn 4 III II VIII I II III II II VIII I II IIII II III II L Florida Departmentof Revenue Employer's Quarterly Report R RT-61 Employers are required to 61e quarterly tax./wage rayons regardless of employment activityor whether arty t�css are due. Use Black Ink to Complete This Form QUARTER ENDING EMPLOYER'S NAME RT ACCOUNT NUMBER i —I -- I LLJLJL i LJ L-1 10. EMPLOYEE'S SOCIAL SECURITY NUMBER lu, I❑" --i- - 71 [11-10-0111-00-1100] L 11. EMPLOYEE'S NAME Weaseprinittw*echmWersofhastnarne and firs l eight grade s of tf91 Warne lo tMxes) dMPLOYEES --�f( --------------------. 12a. EMPLOYEES GROSS WAGES PAID THS QUARTER 12b. E TAXABLE WAGES PAID THIS QUARTER -----------------DETACH----------------------------------------------------------------------- only the rust SrOM paid to each employee per calendar year i�s talz". L -t Nan Social security numbers (SSNs) are used by the Florida Department of Revenue as unique Reemployment Tax �;L i' f _ purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not �11■l.1 subject to disclosure as public records. Collection of your SSN is authorized under state El nst Marne --I0-- for more information regarding the state and federal law governing the collection, use, or ii Atznle Ell €rasa` ,�. release of SSNs, including authorized exceptions. FLast est (( r— --7r Miwia H Pia ie }--` f tu�L— � _ 12a. � I!❑0,00 n !❑t 1� Fit Way. �EI0 i �AtGeie j __;i€ r' I�,—`: irr•7 12b.Last ! 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SSNs obtained for tax administration Florida Department of Revenue purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not 5050 W Tennessee St Bldg L subject to disclosure as public records. Collection of your SSN is authorized under state Tallahassee FL 32399-0180 and federal law. Visit our website at www.myflorida.com/dor and select "Privacy Notice' for more information regarding the state and federal law governing the collection, use, or release of SSNs, including authorized exceptions. Please save your instructionsf Quarterly Report instructions (RT-6N/RTS-3) are only mailed with new accounts or when there are change218111 misplace your instructions, you can download them from www.myflorida.com/dor y INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT COUNCIL Local Jobs Grant Program • Financial incentives for "Targeted Industries" to locate or expand within Indian River County — Policy 2.5 • $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage ($34,717 to $45,826) for each new position created that pays from 100% 149.99% of the County's average annual wage ($46,289 to $69,429) • $7,000 for each new position created that pays 150% or more of the County's average annual wage ($69,434). Owml T.-Irev nf 1" 1&--fIns rIn, cc1flo n Itinh Project Green is a Food Manufacturing Business Applicant qualifies for the jobs grant program under the County's "Manufacturing/Warehousing/Distribution" Ta Industry Categories Location will be in Indian River County %/ Date Proposed Jobs Will Be in Place 40" Number of New Date by which Amount of Job Grant Employees proposed jobs will be provided 7/1/2022* $5010 3, 10/1/2022X $1509000. TOTAL $2009000 * Date can be administratively extended up to one year Mwwn Proposed Jobs Salary Range and Payment Per Job Category Qualified Amount per Total 1-11 Jobs Job of county average wage J0" 23 $3,000 $69,000 32,384 to $43,177) ) 100% of county average wage 15 $5,000 $75,000 ($43,178 to $64,766) 150% of county average wage 8 $7,000 $56,000 (5649767) Sub -Total Grant Amount $200,000 Date Proposed Jobs Will Be in Place 40" Number of New Date by which Amount of Job Grant Employees proposed jobs will be provided 7/1/2022* $5010 3, 10/1/2022X $1509000. TOTAL $2009000 * Date can be administratively extended up to one year Potential Payments by Fiscal Year (FY) FY Total Proposed Job Grant Payments $16,666.67 $66,666.66 $66,666.67 $50,000 $200,000.00 ECONOMIC DEVELOPMENT COUNCI ► At its regular meeting of May 17, 2022, the Indian River County Economic Development Council voted unanimously to recommend approval of Lemnature AquaFarms USA, Inc's local job grant application with an effective date of May 17, 2022. RECOMMENDATION Staff and the Economic Development Council recommend that the Board of County Commissioners approve a local job grant of up to $200,000 for Lemnature AduaFarms USA, Inc with an effective date of May 17, 2022. fPIN DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM To: Jason Brown County Administrator From: From: Suzanne Boyll- Human Resources Director Date: May 23, 2022 Subject: Group Insurance Recommendations for Plan Year 2022/23 BACKGROUND Indian River County offers a comprehensive group insurance program for our employees and eligible dependents consisting of: Medical Insurance Health Advocacy Pharmacy Planned Surgery Telemedicine Dental Insurance Vision Insurance Flexible Spending Accounts Life Insurance Voluntary Long Term Disability Insurance Employee Assistance Program Diabetes Management Program Supplemental Insurance (Individual Policies) Florida Blue Health Advocate Express Scripts administered by RXBenefits Inc. Surgery Plus Teledoc Ameritas Eyemed P&A Group Mutual of Omaha (Up for Renewal) Mutual of Omaha (Up for Renewal) Health Advocate Kannact AFLAC (Recommending Group Short Term Disability and Worksite Benefits with Mutual of Omaha) The Constitutional Officers' (Sheriff, Property Appraiser, Tax Collector, Clerk of Courts, and the Supervisor of Elections) eligible employees anc dependents also participate in the group benefit program. In addition, retirees and eligible dependents may elect to continue group health benefits at retirement. 282 The group insurance plan is an essential part of the employee benefit package and important to recruitment and retention efforts. The County has engaged the services of a professional benefits consultant, Lockton Companies, to review plan experience and provide recommendations to maintain a benefits package that is: ✓ Affordable ✓ Competitive ✓ Sustainable Below are the recommendations for the plan year beginning October 1, 2022 through September 30, 2023. Medical & Pharmacy Plan Performance The group medical and pharmacy plan is performing within budget. Therefore, no plan changes or increases in funding are being recommended. We continue to offer two plans —Premier Gold and Premier Silver plan. Current rates are: oyer Paid Employee Paid Premium Monthly Monthly Single Gold $810.00 $700.00 $110.00 Family Gold $1,505.00 $1,105.00 $400.00 Single Silver $715.00 $700.00 $15.00 Family Silver $1,312.50 $1,105.00 $207.50 The County's medical plan is administered by Florida Blue and we have a current ASO agreement that expires September 30, 2023. Lockton solicited proposals for administrative services to evaluate competitiveness and Florida Blue responded with improved pricing. EES 1 3 1664 ASO Fee S53-04 549.55 Member Services (Specialty) N/A N/A Chronic ConditionXisease included Management included Included Utilization Management 100% to IRC 100° to IRC (Point of Care) Included included Case Management Included Included 24/7 Nurseline included Included 24/7 Telemedicine $1.50 Included (Plus cost of cc. )suit, - Teladoc (Plus cost of consult) - Tekrdoc Estimated Monthly 190,755 582,451 Estimated Annual 51.089,055 $989414 Maternity Management included AdHocReporting N,1A N/A Shared Savings 100% to IRC 100° to IRC Subrogation 19% of Net Recoveries 19% of Net Recoveries Third Party Vendor Integration included Included Wellness Credit S50k (annual) S50k (annual} Other $75k in 2022 Current pricing valid through $49.55 through 9/30/24, 551.04 Noteworthy 9/30/23 through 9/30/26 283 Our current ASO fee is $53.04 + $1.50 per member per month (PMPM) for Telemedicine. Under the proposal, the ASO fee is reduced to $49.55 and the Telemedicine fee is included. This fee would be valid through September 30, 2024 and the fee effective October 1, 2024 would be $51.04 and would be valid through September 30, 2026. Under this proposal, the County would receive $75,000 in wellness funds upon approval by the BOCC as well as continue to receive $50,000 in wellness funds every October through September 30, 2026 for a total wellness contribution from Florida Blue of $275,000. In addition to the wellness contribution, the projected savings from the reduced ASO fee is $339,056 over the four (4) year agreement. EES Current 1664 2022/23 1664 2023/24 1664 2024/2S 1664 2025/26 1664 ASO Fee $53.04 $49.55 $49.55 $51.04 $51.04 24/7 Telemedicine $1.50 $0.00 $0.0_0 $0.00 $0.00 $54.54' $49.55' $49.55 $51.04' $51.04 Estimated Monthly ASO $90,754.56 $82,451.2C $82,451.2C $84,930.56 $84,930.56 Estimated Annual ASO $1,089,054.72 $989,414.40 $989,414.40 $1,019,166.72 $1,019,166.72 Savings from Current $99,640.32 $99,640.32 $69,888.00 $69,888.00 $339,056.64 Total ASO Savings Health Advocacy This benefit is offered through our Employee Assistance Program vendor Health Advocate at a rate of $1.20 per member per month (PMPM). We are up for an annual renewal October 1, 2022, and the proposed rate increase was an additional $.05 (PMPM); however, Lockton has secured a rate pass for 2022/23 plan year. There are no changes to the plans. Planned Surgery with Surgery Plus This planned surgery program was approved by the BOCC in May 2021 with a July 1, 2021 implementation date. The program is running smoothly and we will monitor for ongoing performance and plan savings and report back at a future date. Telemedicine This benefit was added in FY 2021/22 at a cost of $1.50 PMPM. Under the ASO renewal agreement proposed above, the $1.50 PMPM fee is waived and will be included at no additional charge. Dental Insurance The Ameritas Dental Plans are performing well and Lockton negotiated a rate pass for the 2022/23 plan year. There are no changes to the plans. Vision Insurance The vision insurance is offered through Eyemed and we have a rate hold through 2025. There are no changes. Flexible Spending Accounts We are entering the 2nd year of a multi-year agreement with P&A Group. There are no changes. Employee Assistance Program This program is provided through Health Advocate. There are no recommended changes at this time. Diabetes Management Program The diabetes management program is administered by Kannact. We have a rate hold through 2023. There are no recommended change at this time. Basic Life & AD&D/Voluntary Life/Long Term Disability (LTD) Mutual of Omaha (MOO) is our provider for life insurance and LTD. Our current rate agreement is up for renewal 10/1/2023. We are pleased with Mutual of Omaha's processing of life and LTD claims. They provide excellent customer service. However, our plan experience has been unfavorable and we received notification of proposed rate increases as follows: • Basic Life and AD&D: Rate increase of 52% • Voluntary Life and AD&D: Rate increase to age banded rates (10%) • Long -Term Disability: Rate increase to age banded rates (15%) • Retiree Life: Rate increase from $.75 to $1.20 per $1K coverage Currently, the County does not offer group policies for STD, Accident, Critical Illness, and Hospital Confinement. Individual policies to include Accident, Cancer, Disability, Critical Care, and Hospital Confinement are available through a local AFLAC representative and we provide payroll deduction for these benefits. The AFLAC benefit is independent of our group benefit program and group benefit enrollment. All enrollments are handled through AFLAC and the administration of the benefit is independent of the County's Human Resources Department. In order to improve our group benefit offering, Lockton marketed our Basic Life & AD&D, Voluntary Life (supplemental, spouse, & child), and Long Term Disability (LTD) benefits and requested proposals to offer group Short Term Disability (STD), worksite benefits to include Accident, Critical Illness, and Hospital Confinement. Responses were received from Mutual of Omaha (MOO), the Standard, MetLife and NY Life. MOO presented the most competitive overall proposals with three options as follows: Option 1: Renew As Is This proposal would be an increase in employer paid Basic Life insurance of approximately $68k and a slight increase on both the employee paid Voluntary Life and Voluntary Long Term Disability (LTD). Retiree Life rate would increase from $.75 to $1.20 per $1K coverage Option 2: Renew & Add Voluntary Short -Term Disability (STD) This proposal provided a bundled discount to the Basic Life insurance valued at approximately $20k if IRC chooses to add Voluntary STD. The Retiree Life rate would remain $.75 per $1K of coverage. The addition of STD benefit has no impact on the renewal rate for the Voluntary Life or LTD benefits. MOO is proposing two STD plans that 285 will align with the elimination period of the existing MOO Voluntary LTD plans of either a 90 day waiting period or 180 day waiting period. Under this proposal, both the STD and LTD benefits would be with the same carrier and would streamline administrative processes. Option 3: Renew & Add Voluntary STD & Add Worksite Benefits This option includes the bundled discount in Option #2, as well as an additional discount to the Basic Life rate to implement voluntary Critical Illness and Accident coverage through MOO for all entities, except the Sheriff's department who maintains separate voluntary benefits. The value of this additional discount is another $10k in savings, for an overall reduction of $30k from the estimated Basic Life renewal impact. The Retiree Life rate would remain $.75 per $1K of coverage. The Critical Illness and Accident policies are voluntary and offered on a guaranteed issue basis (if 5% minimum participation is reached). The Critical Illness plan pays a flat dollar amount upon diagnosis of a critical illness, including cancer. The Accident plan pays a flat dollar amount for injuries and expenses related to an accident. The Accident benefits include emergency transportation, hospital admission, confinement, rehab and accidental death. Lockton recommends Option #3 and staff supports this recommendation. The addition of STD and the Critical Illness and Accident worksite benefit policies will result in the best savings on the employer -paid benefits and maintain the Retiree Life premium. This renewal option includes an increase in voluntary life and LTD rates which is consistent with all three options. The County would offer the group worksite benefits to all full-time benefit eligible employees during the open enrollment period and the policies would be guaranteed issue. AFLAC Staff is recommending that we offer group worksite benefits through Mutual of Omaha in place of AFLAC individual policies. Current employees with AFLAC benefits will be able to continue those benefits or transition to the MOO group worksite benefits and payroll deductions for AFLAC individual policies would no longer be offered to new hires. Supporting Employee Wellness The County continues to support wellness and provides a $25 gift card wellness incentive for employees who complete their annual wellness exam and redeem points on the Florida Blue Cafe Well website. Although the annual benefits fair has not been held due to COVID, we continue to have on site 3D mammography every quarter. The RFP process for an Employer sponsored Health Clinic is underway and staff will be bringing additional information to the Board when the RFP review process is completed. As part of the implementation of an onsite/near site Employee Health Clinic, we will be working with our broker and our clinic provider to evaluate and make recommendations for ongoing wellness activities and meaningful incentives. BUDGETARY IMPACT The County publishes the health fund performance each quarter with the distribution of the County Connection newsletter. The May 2022 newsletter reflected the fund balance as of March 31, 2022 was $17,525,289. Most recent plan performance indicates that claims experience for the medical and pharmacy benefit is within budgeted premiums. No additional funding is projected for the FY2022/23 plan year. Fiscal Year End Fund Balance History September 30, 2018 September K, 2019 September 30, 2021 September 30, 2021; $13,14.8,724 $12,197,911 $12,807,209 $15,0013,116 Fund Balance Change Through 2nd Quarter FY 21/22 September 30, 2021* March 31, 2022*" lncJDec. °d Inc./Dec. $15,003,116 $17,525,289 $2,522,173 16.81°.a *On November 16, 2021, the Board of County Commissioners approved a $1.2¢x+9 transfer from the CARES Act Fund into the Health Insurance Fund to cover a portion of the $2.8M in COVID-19 related claims incurred by employees, spouses, and their dependents. **On March 1, 2022, the Board of County Commissioners approved a $1.9M transfer from the CARES Act Fund into the Health Insurance Fund to cover the remaining unreimbursed COVID-19 related claims incurred by employees, spouses, and their dependents which had increased to a balance of $3.1M. For the medical plan, the ASO recommended renewal with Florida Blue will result in approximately $100K savings in the first year with an additional $75K in wellness funds from Florida Blue. For the life insurance program, the Option 3 renewal recommendation with MOO would result in an overall increase of approximately $38K in Basic Life insurance premiums. This is $30K less than renewing without the addition of voluntary STD and Worksite benefits as reflected in Option 1. The overall impact is a reduction in costs of approximately $62K for the upcoming 2022/23 plan year and a current year increase in wellness funds of $75K. RECOMMENDATION Staff recommends and respectfully requests the Board of County Commissioners approve, effective with the plan year beginning October 1, 2022, the ASO fee proposal from Florida Blue for a four (4) year agreement through September 30, 2026 resulting in a reduced ASO fee of $49.55 per member per month to include the Telemedicine (Teledoc) benefit, a $75K wellness contribution upon approval of the agreement, a $50K wellness contribution annually each October; Option 3 renewal with Mutual of Omaha for Life Insurance, Voluntary Long Term Disability (LTD), the addition of Voluntary Short Term Disability (STD) and Worksite Benefits (Accident and Critical Illness Plans) in place of future offerings of AFLAC individual benefits, and continuation of other benefit offerings to include Medical, Pharmacy, Health Advocacy, Dental, Vision, Flexible Spending, Employee Assistance Program, and Diabetes Management Program; and authorizing the Board Chair to execute necessary documents after review and approval by the County Attorney for legal sufficiency. 287 rz-,�5f INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Indian River County Board of County Commissioners VIA: Jason E. Brown, County Administrator FROM: Dan Russell, Information Technology Director SUBJECT: Admin to EOC Fiber Procurement DATE: June 1, 2022 BACKGROUND: On December 14th 2021 the Indian River County Board of County Commissioners directed staff to provide the Indian River County Sheriff's Office access to the Indian River County traffic camera system. This direction included expanding the County's fiber-optic network to provide the necessary network connectivity. ANALYSIS The staff has recently been made aware that the lead time for fiber optic cabling is approximately 52 weeks. The County has been offered the opportunity to procure a master reel (46,690 linear feet) of Corning 144 strand single -mode fiber from Gerelcom, Inc. for $2.60 per linear foot totaling $121,394.00 for the reel. That reel of fiber will be available to Gerelcom on June 27th, 2022. Gerelcom, Inc. is one of the County's suppliers of fiber optic products and services under the Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation Agreement. All fiber optic products available via that agreement are priced as furnished and installed. In this particular case, the County would be procuring only the fiber which is not priced separately in the agreement. The fiber installation will occur in conjunction with another work order after the design engineering for the project is completed. FUNDING Funding for $121,394.00 is available to procure this fiber in Account No. 31522019-066510-03006/ Optional Sales Tax/Facilities Management/Fiber Optics. Account Name Account Number Amount Optional Sales Tax/Facilities Management/Fiber Optics 31522019-066510-03006 $121,394.00 RECOMMENDATION Staff recommends that the Board authorize the advance procurement of a master reel of Corning 144 stand single -mode fiber. Staff further recommends that the Board waive the requirement for bids and authorize the Purchasing Division to issue a Purchase Order to Gerelcom Inc., in the amount of $121, 394.00. ATTACHMENTS IRC 144 Strand Fiber Quote 46,690'.pdf -M, DISTRIBUTION Dylan Reingold - County Attorney Kristin Daniels - Director of Management and Budget Jennifer Hyde - Purchasing Manager Rich Szpyrka — Director, Public Works :• Gerelcom, Inc. -PROPOSAL To: Dan Russell (CISSP, ISSEP, PMP) Contact: Matt Aiello Director, Information Technology Phone: 772-340-5998 Address: Indian River County Cell: 772-201-2186 180127th Street Fax: 772-340-3666 Vero Beach, FL, 32960 (772) 226-1698 Project Name: supply 144 strand singlemode fiber IRC Fiber Bid 2021003 Project Location: IRC Gerelcom Estimate # 226178B Bid Date: 5/19/2022 Item Code I Item Description Est. Quantity Unit Unit Price I Total Price 633.4.113-144 Fiber Optic Cable 144 strand SM LT Furnish only 46,690 feet $2.60 $121,394.00 Scope of Work: Supply 46,690' of Corning 144 strand loose tube singlemode fiber forfuture installation. The quote is for material only. TOTAL PRICE $121,394.00 ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satsfactory and Gerelcom, Inc. are hereby accepted. Buyer: Signature: Authorized Signature: Matt_Xu/fa Date of Acceptance: Estimator: Matt Aiello 290 0-r- f DEPARTMENTAL ITEM INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: May 24, 2022 THROUGH: Jason E. Brown, County Administrator FROM: Kristin Daniels, Director, Management & Budget SUBJECT: Tourist Development Council 2022/2023 Budget Recommendations DESCRIPTION AND CONDITIONS On May 11, 2022, the Tourist Development Council (TDC) reviewed budget requests for fiscal year 2022/2023 to be paid from the Tourist Tax revenue. The budget requests are listed in the table below. File copies of the applications for each agency are available in the Board of Commissioners office for review. Table 1 TOURIST DEVELOPMENT COUNCIL AGENCY REQUESTS Fiscal Year 2022/2023 Funding Applications Organization 2021/2022 Funding 2022/2023 Request Increase (Decrease) % Increase (Decrease) Indian River County Chamber of Commerce $537,043 $656,084 $119,041 22.2% Sebastian River Area Chamber of Commerce $110,050 $140,000 $29,950 27.2% Cultural Council $49,301 $65,000 $15,699 31.8% Historical Society $32,000 $32,000 $0 0.0% Treasure Coast Sports Commission $210,000 $250,000 $40,000 19.0% Vero Heritage $26,000 $32,000 $6,000 23.1% Coastal Connections $0 $7,500 $7,500 N/A City of Vero Beach* $0 $450,000 $450,000 N/A Sub Total $964,394 $1,632,584 $668,190 69.3% Cash Forward $41,100 $150,012 $108,912 265.0% Reserve for Contingency $83,997 $111,375 $27,378 32.6% Grand Total $1,089,491 $1,893,971 $804,480 73.8% *Applications from other governmental agencies or municipalities are not eligible per the Indian River County Outside Agency Funding Policy. 291 Board of Commissioners Page 2 of 4 May 24, 2022 Funding and Analysis Staff estimates total funding of $1,426,064 available for distribution to tourism development agencies in FY 22/23. As of the most recent April 2022 monthly report, Tourist Tax revenues are exceeding last year's collections by 39.6% or $742,111, and exceeding budgeted estimates by 61.1% or $991,427. Because Tourist Tax revenues have been quite strong over the past fiscal year, staff proposes the budget be increased by 31%, or $336,573. On February 2, 2021 the Board of County Commissioners approved allocating UP of the half - cent of Tourist Tax revenue proceeds made available from funding the Jackie Robinson Training Complex, to the Tourism Development Fund. This increased allocation is estimated to generate approximately $148,500 in the upcoming fiscal year. Furthermore, a Reserve for Contingency has been set up to earmark 75% of this additional funding per Board direction. The Reserve for Contingency account is budgeted at $111,375 and will be available to fund any mid -year adjustments or unanticipated funding opportunities that may arise. In light of the increased allocation, as well as the strong performance of Tourist Tax revenues and their associated increase to the budget, staff is proposing 10% of budgeted revenues be retained. Although Tourist Tax revenues are currently exceeding budgeted estimates, there will likely come a time when that trend will no longer be a reality and budgets will need to be reduced. By setting aside funds when collections are high, the County will be able to award additional funding during a potential downturn when tourism promotion is crucial to our economy. An additional $200,283 or 20.8% is available to be awarded to the TDC agencies, after the Reserve for Contingency and Cash Forward allocations are funded. The funding amounts agreed to at the Tourist Development Council meeting, following completion of scoring sheets by TDC members, are summarized in Table 2 below. Following a motion made by Mr. Nunn and seconded by Mr. Collins, the funding levels were approved with a 7-1 vote, with Jennifer Bates dissenting. Table 2 TOURIST DEVELOPMENT COUNCIL Fiscal Year 2022/2023 TDC's Funding Recommendation Organization 2021/2022 Funding 2022/2023 Recommendation Increase (Decrease) % Increase (Decrease) Indian River County Chamber of Commerce $537,043 $656,084 $119,041 22.2% Sebastian River Area Chamber of Commerce $110,050 $140,000 $29,950 27.2% Cultural Council $49,301 $65,000 $15,699 31.8% Historical Society $32,000 $32,000 $0 0.0% Treasure Coast Sports Commission $210,000 $250,000 $40,000 19.0% Vero Heritage $26,000 $32,000 $6,000 23.1% 292 Coastal Connections $0 $7,500 $7,500 N/A Sub Total $964,394 $1,182,584 $218,190 22.6% Cash Forward $41,100 $132,105 $91,005 221.4% Reserve for Contingenc±$1,089,491 $83,997 $111,375 $27,378 32.6% Grand Total $32,000 $1,426,064 $336,573 30.9% The award amounts approved by the TDC exceed Staff s recommended allocation by $17,907. The TDC motion included funding the $17,907 overage by reducing the Cash Forward amount recommended by Staff. Per the TDC ranking process, all agencies are to be ranked utilizing the set criteria, which then scores agencies highest to lowest. The agency ranked with the least amount of points is to have its funding request reduced by the funding shortfall. If the shortfall exceeds the lowest ranked agency, the agency with the second lowest ranking then has their request reduced by the remaining budgetary shortfall. Staff s recommendation is consistent with the TDC ranking process. The agency with the lowest ranking is Coastal Connection, whose request should be reduced to fund the budget shortfall of $17,907. Because Coastal Connection's request is only $7,500, the remaining shortfall of $10,407 should be taken from the second lowest ranked agency which is the Cultural Council. Staff's recommendation is to reduce the Cultural Council's request from $65,000 to $54,593. It is important to note that even after the proposed reduction, Cultural Council's budget is still increasing $5,292 or 10.7% in FY 22/23. Staff s recommendation is summarized in Table 3 below. Table 3 TOURIST DEVELOPMENT COUNCIL Fiscal Year 2022/2023 Staffs Funding Recommendation Organization 2021/2022 Funding 2022/2023 Recommendation Increase (Decrease) % Increase (Decrease) Indian River County Chamber of Commerce $537,043 $656,084 $119,041 22.2% Sebastian River Area Chamber of Commerce $110,050 $140,000 $29,950 27.2% Cultural Council $49,301 $54,593 $5,292 10.7% Historical Society $32,000 $32,000 $0 0.0% Treasure Coast Sports Commission $210,000 $250,000 $40,000 19.0% Vero Heritage $26,000 $32,000 $6,000 23.1% Coastal Connections $0 $0 $0 N/A Sub Total $964,394 $1,164,677 $200,283 20.8% Cash Forward $41,100 $150,012 $108,912 265.0% Reserve for Contingency $83,997 $111,375 $27,378 32.6% Grand Total $1,089,491 $1,426,064 $336,573 30.9% 293 Board of Commissioners Page 4 of 4 May 24, 2022 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the funding amounts recommended in Table 3 for a total allocation of $1,426,064 and authorize the County Attorney to prepare standard grant agreements for all funding recipients. 12.F.1. 06/0/72022 ORIR A * TOURIST DEVELOPMENT COUNCIL FY 22/23 Award Recommendation June 7, 2022 2-14- 1 12.F.1. 06/0/72022 TDC Recommended Full Funding FY 22/23 Organization 2021/2022 Funding 2022/2023 Recommendation Increase Decrease % Increase Decrease Indian River County Chamber of Commerce $537,043 $656,084 $119,041 22.2% Sebastian River Area Chamber of Commerce $110,050 $140,000 $29,950 27.2% Cultural Council $49,301 $65,000 $15,699 1 31.8% Historical Society $32,000 $32,000 $0 0.0% Treasure Coast Sports Commission $210,000 $250,000 $40,000 19.0% Vero Heritage $26,000 $32,000 $6,000 23.1% Coastal Connections $0 $7,500 $7,500 N/A Sub Total $964,394 $1,182,584 $218,190 22.6% Cash Forward $41,100 $132,105 $91,005 221.4% Reserve for Contingency $83,997 $111,375 $27,378 32.6°:o Grand Total $1,089,491 $1,426,064 S336,573 30.9% *Shortfall of $17,907 taken from Cash Forward. 2q4' 2 12.F.1. 06/0/72022 Staff Recommendation FY 22/23 2021/2022 2022/2023 Increase %Increase Organization Funding Recommendation Decrease Decrease Indian River County Chamber of Commerce $537,043 $656,084 $119,041 22.2% Sebastian River Area Chamber of Commerce $110,050 $140,000 $29,950 27.2% Cultural Council $49,301 $54,593 $5,292 10.7% Historical Society $32,000 $32,000 $0 0.0% Treasure Coast Sports Commission $210,000 $250,000 $40,000 19.0% Vero Heritage $26,000 $32,000 $6,000 23.1% Coastal Connections $0 $0 $0 N/A Sub Total $964,394 $1,164,677 $200,283 20.8% Cash Forward $41,100 $150,012 $108,912 265.0% Reserve for Contingency $83,997 $111,375 $27,378 32.6% Grand Total $1,089,491 $1,426,064 $336,5731 30.9% *Shortfall taken from lowest ranked agencies. �% 3 HOW IS TOURIST TAX SPENT? ► 1 2/3 Cents for Tourism Development Agencies ► 1 5A Cents for Beach Restoration ► '/2 Cent for JRTC Lease Obligations 12.F.1. 06/0/72022 /a%' INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Melissa Meisenburg, Lagoon Plan Environmental Specialist SUBJECT: Completion of April/May 2022 Derelict Vessel Removal DATE: May 25, 2022 This is an update to inform the Board of County Commissioners (BCC), Indian River County's (IRC) residents and visitors of the completion of the April/May 2022 derelict vessel removal project in the Indian River Lagoon. DESCRIPTION AND CONDITIONS Derelict vessels are defined by the state in section 823.11, F. S. as vessels that are left, stored or abandoned in a wrecked, junked or substantially dismantled condition upon the waters of the state, at a port without the consent of the agency or upon private property without the consent of the owner. Vessels under the derelict designation are sinking, degraded and inoperable, creating navigational hazards and pose threats to the environment. Officers from Florida Fish and Wildlife Conservation Commission investigate abandoned vessels to determine derelict status in accordance with Florida Statutes, 705.101(3) and 823.11. The derelict vessel designation from FWC allows the County to remove and dispose of abandoned vessels, improving boater safety, removing hazards to navigation and to the environment. Indian River County Coastal Division staff routinely monitor the Statewide FWC Derelict Vessel database for information on vessels within the County undergoing derelict status investigations. In February 2022, updates to FWC's database indicated six (6) vessels within the County had attained derelict status and were available for removal and disposal. Outlaw Maritime, LLC (Outlaw Maritime) provided a cost proposal to the County of $34,300.00 to remove all six (6) derelict vessels in accordance with FWC Best Management Practices. County Coastal Division staff applied for a Derelict Vessel removal grant from FWC in February and were awarded with a $34,300.00 Bulk Derelict Vessel Removal Grant (Agreement 21255) to cover the costs associated with the removal and disposal of the six (6) derelict vessels from the Indian River Lagoon. The grant agreement was approved by the Board of County Commissioners on March 15, 2022. Prior to the removal start date, County staff received an authorization letter from FWC for the removal of an additional derelict vessel. The Bulk Derelict Vessel Removal Grant did not cover the costs associated with the removal of the 7th vessel. Outlaw Maritime provided a separate proposal to remove the 30' sailboat at a cost245 Page 2 Completion of April/May 2022 Derelict Vessel Removal June 7, 2022 BCC Meeting $4,500.00. The County supported the removal of the vessel outside of grant reimbursement to minimize impacts to the environment and improve boater safety. Coastal Division Staff met with the team from Outlaw Maritime on April 12tt'to view the seven (7) derelict vessels and establish a removal plan. At the time of viewing, the team was unable to locate derelict vessel six (6). After communicating with FWC, it was determined derelict vessel six (6) had been towed to St. Lucie County for removal by the vessel owner. Outlaw Maritime began derelict vessel removal on April 12, 2022. The removal process was completed on May 2, 2022. Six (6) vessels were removed from the water following Best Management Practices set forth by FWC. The contractor disposed of the vessels at an authorized landfill per Agreement 21255, providing the Countywith documentation of removal and disposal. County staff are now completing the grant reimbursement request to seek reimbursement for five (5) of the derelict vessels identified in the FWC Agreement 21255. FUNDING Reimbursement Grant funding was awarded to the County for the removal of the original six (6) derelict vessels identified in the FWC Grant Application. One (1) of the identified vessels had been removed by the owner prior to the County's April/May 2022 Derelict Vessel removal event, therefore the County requested that FWC apply the unused grant funds to cover the cost of removing derelict vessel seven (7). Since FWC grants are specifically issued to cover identified vessels and cannot be transferred within the grant, the County's request to receive reimbursement for the removal of Derelict Vessel seven (7) was denied. The County has paid Outlaw Maritime for the removal of six (6) derelict vessels and is currently seeking reimbursement in the amount of $29,600.00 from FWC for the removal of five (5) vessels identified in Grant Agreement 21255. The removal and disposal costs associated with the vessel not covered by the grant has been paid out of the Florida Boating Fund, Other Contractual Services Account, Act # 13321072-033490 in the amount of $4,500. RECOMMENDATION There is no BCC action needed under this Derelict Vessel Project update. ATTACHMENTS IRC DV Removal Map APPROVED AGENDA ITEM FOR JUNE 7, 2022 F:\Public Works\COASTAL\OPERATIONAL\_Derelict_Vessel_Removal_Program\2022 Removals\2022_April 296 Removals\Agendas Derelict Vessel Removal Project (2022-01) Seven derelict vessels identified and approved by Florida Fish and Derelict vessel Wildlife Conservation Commission for removal by local municipality. BREVARD Sebastian Inlet 22 -DV -2i L)V-1 t ,r l 22 -DV -7 r SitISIt MapID 22 -DV -1 FWCCaseNumbwr FWNE-2I-OFF-009717 Vessel Description 25' EndeavarSailboat Number FL 22=17 DA 22 -DV -2 FWNE-I&OFF-016593 2S' Sailboat CT 2123 AW 22 -DV -3 FWNE•20-OFF-M249 28'iMSCruiser FL4270Gt 22 -DV -4 rWCC-2I-OFF-011819 1:5' Si nature uakfwwn 22 -DV -5 FWCC-21-OFF-012998 3rTrojan Cruiser FLSOD7EG 22 -DV -6 wc-21-oirF-013751 78'HunterSailboat 00634126 22 -DV -7 FWCC-21-OFF-012464 3G Sailboat Unknown Derelict Vessel Removal April -May 2022 Public Works Department Coastal Engineering Division June 7, 2022 • Officers of the Florida Fish and Wildlife Conservation Commission or of a law enforcement agency investigate vessels at risk of becoming derelict in accordance with section 327.4107. • At risk vessels are defined as: a. A vessel taking on or has taken on water. q b. Enclosed spaces are incapable of being sealed. c. The vessel has broken loose or is in danger of breaking loose. d. The vessel is listing. e. The vessel does not have effective means r `V of propulsion within 72 hours after the owner is notified. 06/0/72022 • Officers of the Florida Fish and Wildlife Conservation Commission or of a law enforcement agency investigate derelict vessels in accordance with section 823.11. • (b) Derelict vessels are defined as left, stored or abandoned: 1. In a wrecked, junked or substantially dismantled condition upon any public waters of this state. 2. At a port in this state without the consent of the agency having jurisdiction thereof. 3. Docked, grounded, or beached upon the property of another without the consent of the owner of the property. • Due process outlined in Section 705.103(2). • A reasonable effort is made to locate and notify the owner. • Notice of derelict status placed upon the vessel. • FWC officer will issue a letter of authorization after the 21 day hold period has ended. • The owner is responsible for associated costs of removal. • Hold on title registrations in Florida. 06/0/72022 211. 2 06/0/72022 Derelict At Risk Vesse A Any law enforcement agency is able to Vessel investigate vessel status, contact the vessel owner and recommend the vessel for removal. Investigation ve Up to 6 Months7—: • to. Months V led, "C&M._ Z— Mail/Return Receipt -0 Move to Derelict•Status 21 Days Florida Fish and Wildlife `te Owner Compliant Conservation Commission Law Removal RequestVessel No Longer at Sent to tain Risk Enforcement approves vessels for Approval for removal. L (O�fCONSFR�Pt��ac • Create navigational hazards • Debris • Pollutants • Fuel • Cleaners • Electronics • Damage to • Oyster reefs • Shoreline plants • Submerged aquatic vegetation; i I • Entanglement and entrapment risk for marine organisms �' 3 :. D red V's e` Real Gra • Florida Fish and Wildlife Conservation Commission (FWC), pursuant to sections 206.606 & 376.15, F. S., established a reimbursement grant program for the costs associated with the removal of derelict vessels from the public waters of the state. • 100% reimbursement to the grantee for all eligible vessels in the grant contract. • Funding is appropriated annually. • Grant submittal opens July 1 • Closes when funds are exhausted • $1,369,345.00 2021/2022 FY • IRC was awarded $34,300.00 through a Bulk Derelict Vessel Removal Grant to remove 6 derelict vessels. • Outlaw Maritime, LLC was contracted to remove the authorized vessels. • Provided a cost proposal for six (6) vessels, $34,300.00. • FWC released a seventh (7th) vessel prior to the start date. • A separate contract for $4,500.00 was entered to remove vessel 7. • The vessel was not reimbursable under the grant agreement. 06/0/72022 n Z1 - 4 06/0/72022 2q)- 5 06/0/72022 ° Coastal Division staff and Outlaw Maritime, LLC met onApril 12mto view the vessels and establish a removal plan. " Vessel 6was removed bythe owner prior tmthe April 12m' ~ Vessel removal began on April 12 t» . ~ Removal mfGvessels was completed May a� 2"*' The contractor disposed ofa|| vessels at an authorized landfill. ° Documentation of removal and disposal was provided by the contractor. ���' x�-[ / 6 06/0/72022 )IT Questions & Answers Thank you! Further questions or comments please send us an email at Coastal@ircgov.com 06/0/72022 /a6 DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard D. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., Asst. Public Works Director SUBJECT: Work Order No. 51- Kimley-Horn and Associates, Inc. Aviation Boulevard Extension — Alternative Alignment Study (IRC -1761) DATE: May 24, 2022 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with Kimley-Horn and Associates, Inc. The purpose of Work Order No. 51 is to provide an Alternative Alignment Study (Study) for the extension of Aviation Boulevard from US -1 to 36th Street. The Study will evaluate alternative roadway alignments associated with extending Aviation Boulevard from the US Highway 1 to 361h Street. The purpose of the newly contemplated roadway corridor will be to serve as an alternative route to improve existing and future access to the Cleveland Clinic Indian River Hospital, the medical services within this area, and provide traffic congestion relief to 37th Street, which is nearing vehicular capacity. The study includes geotechnical evaluations, sidewalk, drainage and roadway design for alternative roadway alignments. The alternative alignments considered will be those that maximize the utilization of existing road right-of-way, minimized impacts to the environment, and resulted in minimized impacts to private property within the corridor. Work Order No. 51 is for a total lump sum amount of $262,055.00. FUNDING Funding in the amount of $262,055.00 for Work Order No. 51 is available in Account No. 10415241- 066510-22010/Traffic Impact Fees/2020-District 2. Account Name Account Number Amount Traffic Impact Fees 2020/District 2/Aviation Extension US Highway 1- to 371h Street 10415241-066510-22010 $262,055.00 RECOMMENDATION Staff recommends approval of Work Order No. 51 to Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 51 on their behalf for a lump sum amount of $262,055.00. 298 PAGE TWO BCC Agenda Item WO No. 51— KHA —Aviation Boulevard Extension Alterative Alignment Study For June 7, 2022 ATTAC H M E NTS Kimley-Horn Work Order 51 AGENDA ITEM FOR JUNE 7, 2022 299 9e864 -e 74f -4e ld-b413-6e e03868288 e. d oc WORK ORDER NUMBER 51 AVIATION BLVD EXTENSION ALTERNATIVE ALIGNMENT STUDY This Work Order Number 51 is entered into as of this _ day of 2022, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A — SCOPE OF WORK The COUNTY desires to evaluate alternative roadway alignments associated with extending Aviation Boulevard from the US Highway 1/Aviation Boulevard intersection to 36th Street. The purpose of the newly contemplated roadway corridor will be to serve as an alternative route to improve existing and future access to the Cleveland Clinic Indian River Hospital and provide relief to 371h Street, which is nearing vehicular capacity. The Alternative Alignment Study will consider five (5) key factors: • long-range planning • alternative alignments • public safety • cost • environmental impacts The alternative alignments considered will be those that maximize the utilization of existing roadway right-of-way, minimized impacts to the environment and resulted in minimized impacts to private property. 300 Work Order No. 51 Aviation Boulevard Extension Alternative Alignment Study A. Corridor Survey: The Consultant will provide topographic design survey services necessary to support and facilitate contemplated design and permitting activities associated with this project. This task will consist of the preparation of digital base map topographic surveys in accordance with the Professional Land Surveyors in Chapter 5J-17, Florida Administrative Code, pursuant to the intent of the Florida Standards of Practice set forth by the Florida Board of Professional Surveyors in Section 472.027, Florida Statutes. TOPOGRAPHIC SURVEY 1. Establish horizontal and vertical control. • Horizontal Control will be based on North American Datum of 1983 (NAD83), State Plane Coordinate System, Florida East Zone. • Vertical Control will be based on North American Vertical Datum of 1988 (NAVD88). 2. Locate all improvements and utilities, as evidenced by above ground features or if designated and marked by the Utility Owners or their designated representative or a contracted service at the original time of field visit. 3. Obtain spot elevations on natural ground and existing improvements suitable for interpolation of one -foot contours to be shown on the final drawing. 4. Establish a minimum of two (2) site benchmarks. 5. Topographic coverage will be limited to the area outlined in red on the attached Exhibit "B". 6. Location, top elevation, pipe size and type, and pipe invert elevations for all inlets, storm and sanitary manholes, and control structures. 7. Locate trees 8 -inch diameter and larger measured at breast height (DBH). 8. Locate wetlands line as flagged by clients Environmental Consultant if required. 9. Locate soil borings as established by the client's Geotechnical consultant if required. SKETCH AND DESCRIPTIONS Provide Surveying Services to meet the Standards of Practice as prescribed by the Florida Board of Professional land Surveyors in Chapter 5J-17 FAC, Section 472.027 of the Florida Statutes. The survey will include the following: 1. Prepare six (6) descriptions as designated by the client. 2. Prepare six (6) sketches of the same, suitable for recording in the Public Records of Indian River County, Florida. B. Geotechnical Investigation: The scope of our work will include collecting existing pavement section data, soil stratigraphy data, and groundwater level data within the proposed roadway improvement areas. In addition, we will provide soil parameters to be used in the design of the drilled Page 2 of 11 301 Work Order No. 51 Aviation Boulevard Extension Alternative Alignment Study shaft foundations. The following summarizes our proposed scope of work and associated fees for conducting the subject exploration. FIELD EXPLORATION The requested field exploration program will include the following: The SPT borings will be drilled using truck -mounted drilling equipment and a procedure similar to the Standard Penetration Test outlined in ASTM D-1586. The borings will be sampled at 18 -inch intervals to 10 feet deep and at 5 -foot intervals below 10 feet. The auger borings will be drilled with a 4 -inch diameter, truck -mounted continuous flight auger or a 3 -inch diameter, hand-held bucket auger. Each sample will be removed from the auger or sampler in the field and then examined and visually classified by our crew chief. Representative portions will be sealed and packaged for transportation to our laboratory for further analysis as required. Water level observations will be made in the boreholes during the drilling operation. Upon completion of drilling, the boreholes will be backfilled with soil cuttings. In addition, four pavement cores will be performed collected within the project limits using a portable coring machine fitted with a 4 -inch diameter core barrel. The pavement cores will be performed to a maximum depth of 2 feet below the top of pavement surface. The asphalt cores and samples of the existing base and subbase materials (if present) will be packaged and returned to our laboratory for observation. Maintenance of traffic (MOT) services will be necessary to perform the pavement cores. The MOT services will be provided by a sub consultant that specializes in these types of services. One day of MOT services is included in this proposal. As requested, we will also install two 2 -inch diameter, PVC piezometer wells to maximum depth of 10 feet below existing ground surface at locations on the project site selected by Page 3 of 11 302 Depth Below Ground Description Number of Borings Surface (feet) Mast Arm Pole Foundations - 4 SPT 40 US Highway 1 Mast Arm Pole Foundations — 36th Street 2 SPT 40 Stormwater Pond 4 SPT 25 6 Auger 10 Roadway Improvement Areas 24 Auger 6 The SPT borings will be drilled using truck -mounted drilling equipment and a procedure similar to the Standard Penetration Test outlined in ASTM D-1586. The borings will be sampled at 18 -inch intervals to 10 feet deep and at 5 -foot intervals below 10 feet. The auger borings will be drilled with a 4 -inch diameter, truck -mounted continuous flight auger or a 3 -inch diameter, hand-held bucket auger. Each sample will be removed from the auger or sampler in the field and then examined and visually classified by our crew chief. Representative portions will be sealed and packaged for transportation to our laboratory for further analysis as required. Water level observations will be made in the boreholes during the drilling operation. Upon completion of drilling, the boreholes will be backfilled with soil cuttings. In addition, four pavement cores will be performed collected within the project limits using a portable coring machine fitted with a 4 -inch diameter core barrel. The pavement cores will be performed to a maximum depth of 2 feet below the top of pavement surface. The asphalt cores and samples of the existing base and subbase materials (if present) will be packaged and returned to our laboratory for observation. Maintenance of traffic (MOT) services will be necessary to perform the pavement cores. The MOT services will be provided by a sub consultant that specializes in these types of services. One day of MOT services is included in this proposal. As requested, we will also install two 2 -inch diameter, PVC piezometer wells to maximum depth of 10 feet below existing ground surface at locations on the project site selected by Page 3 of 11 302 Work Order No. 51 Aviation Boulevard Extension Alternative Alignment Study the Client. The piezometers will be installed using the hand-held bucket auger, the annulus of the borehole will be backfilled with soil cuttings, and a small grout seal will be placed near the ground surface at each piezometer location. The piezometers will be left in place for periodic groundwater level measurements. Our services will include performing initial groundwater level measurements in the piezometers immediately after installation and then additional measurements over a 90 -day time frame. LABORATORY PROGRAM Routine laboratory visual classification of the soil samples collected from the borings will be performed by a geotechnical engineer along with specific classification tests deemed necessary (i.e., percent fines, organic content). ENGINEERING REPORT The existing pavement section data, soil stratigraphy data, and groundwater level data collected within the project area will be provided in a written report upon completion of the study. We will also provide estimates of soil effective unit weight, friction angle, and cohesion based on the soil boring results to be used in the design of the drilled shaft foundations. C. Cultural Resource Assessment Survey: A cultural resources assessment survey (CRAS) will be conducted in compliance with Section 106 of the National Historic Preservation Act (NHPA), Chapter 267.061 of the Florida Statutes (F.S.), Rule 1A-46 of the Florida Administrative Code (F.A.C.), and the conditions and specifications set forth in the Florida Division of Historical Resources (FDHR) Module 3: Guidelines for Use by Historic Preservation Professionals (Florida FDHR 2003). The Principal Investigator will meet the Secretary of the Interior's Professional Qualification Standards (48 FR 44716). The objective of the survey will be to identify archaeological sites and historic resources with the project area and assess their eligibility for listing on the National Register of Historic Places (National Register) per the criteria set forth in 36 CFR Section 60.4. LITERATURE REVIEW AND BACKGROUND RESEARCH A literature and background search for information pertinent to the project area will be conducted to determine the types, chronological placement, and location patterning of archaeological sites within the project area and vicinity. A summary of the project area's archaeological context and pertinent environmental features will be prepared from the results of the background research and literature review. This overview will describe the project area's archaeological record, important events, locations, structures, and individuals associated with the area. The environmental description will include a discussion of both present and past environmental conditions. This information will also provide the context in Page 4 of 11 303 Work Order No. 51 Aviation Boulevard Extension Alternative Alignment Study which the significance of any archaeological sites identified during the project can be evaluated. CULTURAL RESOURCE ASSESSMENT SURVEY The CRAS will include a pedestrian survey of the project area, subsurface testing for archaeological sites within the project area and the identification and evaluation of historic resources within the project area as well as adjacent parcels up to a distance of 150 feet (ft.) from the edge of the project area to allow for the consideration of potential visual impacts. ARCHAEOLOGICAL SURVEY The archaeological survey will include surface and subsurface testing techniques. The intensity of this testing will be keyed to the ranked site probability zones established during the background Janus Research Page 2 research. Subsurface testing in areas of high site potential will be conducted at approximately 25- meter (80 feet) intervals and in areas of moderate site potential at approximately 50 -meter (160 feet) intervals. In addition, at least 10 percent of the low probability areas will be tested at 100- meter intervals in keeping with FDHR requirements. Subsurface tests will be 0.5 meters (20 inches) in diameter and excavated to a minimum depth, subsurface conditions permitting, of one meter (3.3 feet). All excavated soils will be sifted through 6.4 -millimeter (0.25 -inch) metal hardware cloth screen suspended from portable wooden frames. Any cultural materials recovered will be stored in plastic bags with all provenience data recorded. Field notes on each test performed will be recorded, and the location of all tests will be marked on aerial photographs of the project area. The laboratory processing will consist of the cleaning, inventorying, packaging, and temporary storage of any artifacts recovered. Artifact analysis will involve the morphological and functional classification of artifacts and, if possible, the identification of their temporal and cultural affiliations. HISTORIC RESOURCES SURVEY A historic resource survey will be conducted to evaluate and document the National Register eligibility of the previously recorded resources and to identify and document whether there are any unrecorded significant historic resources within the project area and buffer. From the edge of the project area to allow for the consideration of potential visual impacts. The estimated date of construction, distinctive features, and architectural style will be noted. Digital photographs will be taken, and National Register significance will be evaluated. DOCUMENTATION AND REPORT PREPARATION FMSF forms will be completed for each resource identified during the survey. A report presenting the methods, findings, evaluations, and recommendations of the cultural resource assessment will be prepared. Upon acceptance of the report, Janus Research will Page 5 of 11 304 Work Order No. 51 Aviation Boulevard Extension Alternative Alignment Study provide a submittal letter, the required submittal package, including a completed Survey Log, mapping, separate electronic FMSF forms, and all necessary documentation to submit the report to State Historic Preservation Officer and the FDHR Compliance and Review Section. If requested, Janus Research will submit the final report and the required submittal package to the SHPO/FDHR on behalf of the client. EFFECTS EVALUATION FOR FEC RAILROAD AND DIXIE HIGHWAY The significant railroad tracks and Dixie Highway will be documented and effects to the linear resources will be assessed according to the Criteria of Adverse Effects. The assessment of effects documentation typically includes a description of improvements that may indirectly and directly affect the significant resources. The results of this assessment will be included within a Section 106 Case Study Report if needed, and this will be submitted to the State Historic Preservation Officer (SHPO)/Florida Division of Historical Resources (FDHR) for concurrence with the findings. D. Alignment Study: The Alignment Study prepared to support evaluating the Aviation Boulevard Extension between US Highway 1 and 36th Street, approximately 3,300 linear feet to document the alternative alignments developed and evaluation performed to identify a preferred alignment which addresses the project needs. The scope of improvements will consist of identifying up to three (3) alternative alignments and evaluating their unique characteristics between the limits identified above to meet current County roadway standards relative to lane width, 7 -foot bike lane facilities, drainage requirements and Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Street and Highways. The Corridor Study shall memorialize how the evaluation was performed relative to following five critical factors: • long-range planning • public safety • environmental impacts • alternative alignments • cost The alternative alignments considered were those that maximize the utilization of existing roadway right-of-way, minimized impacts to the environment and resulted in minimized impacts to private property. The Alignment Study shall summarize the project need, discuss the corridors evaluated, and provide a recommendation for the preferred corridor. NATURAL RESOURCE ASSESSMENT The Consultant will conduct a Natural Resource Assessment (NRA) to identify and evaluate potential impacts to the approximate limits of wetlands and surface waters and upland habitats (including potential sensitive habitats) within the project corridor(s) Page 6 of 11 305 Work Order No. 51 Aviation Boulevard Extension Alternative Alignment Study and will evaluate the potential for usage by listed species. The Consultant will review previously prepared environmental documentation (if any) and conduct field reconnaissance on-site. In preparing the NRA, the Consultant will conduct the following tasks: • Review readily available natural resource documentation, previous environmental studies (provided by client), readily available permits and listed species information; • Review existing GIS databases including the Florida Natural Areas Inventory (FNAI) and the Florida Fish and Wildlife Conservation Commission (FWC) regarding known occurrences of listed species on and near the subject property; • Review aerial photography, soils maps, and mapping of existing wetland and surface water features; • Review of FEMA FIRM map; • Review of Florida Master Site File data for known historic or archaeological resources; • Conduct site reconnaissance to review the site and ground -truth the findings from the database searches; Following site reconnaissance and database review, a Technical Memorandum will be prepared summarizing the results of the data collection efforts as well as additional surveys required, if applicable, such as detailed listed species surveys. A summary of federal, state, and local environmental permitting requirements will be prepared as well as a discussion of federal, state and local jurisdiction of environmental features and a brief discussion of potential mitigation requirements. The following exhibits will be prepared: • A land cover map classifying the habitats on-site based on the Florida Land Use, Cover, and Forms Classification System (FLUCFCS) and showing approximate acreage of each land cover. The acreage of habitats shown will be approximate based on aerial interpretation. • Wetland/Surface Water Map with approximate boundaries (if applicable) • USGS 7.5 Minute Quadrangle Map, • Soils map, • Location map, • Listed species map/maps, if applicable. Page 7 of 11 306 Work Order No. 51 Aviation Boulevard Extension Alternative Alignment Study ALTERNATIVE ALIGNMENT EVALUATION The Consultant will identify up to three (3) alternative alignments to assist in identifying a Preferred Corridor. The corridors) will be studied to assist in identifying a preferred alternative to serve the identified purpose and community needs. The corridor(s) will be examined for increase mobility, safety improvements and operational benefits. If a Preferred Corridor is identified, the Consultant will prepare Preliminary Engineering and Design Plans (30% Construction Documents) to support the identified corridor. COST EVALUATION The Consultant will evaluate cost factors that will be associated with each alternative corridor evaluated. These cost factors will consist of the following: • Construction • Right -of -Way Acquisition • Environmental Impact Mitigation • Franchise Utility Relocations Page 8 of 11 307 Work Order No. 51 Aviation Boulevard Extension Alternative Alignment Study EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Corridor Survey Cultural Resource Assessment Survey Geotechnical Investigation Alignment Study Project Total = (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Labor Fee $ 58,686 $ 43,429 $ 18,800 $ 141,140 $ 262,055 Page 9 of 11 308 Work Order No. 51 Aviation Boulevard Extension Alternative Alignment Study EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately nine (9) months from the Notice to Proceed (NTP). NTP contingent upon approval Alternative Alignment Study 9 months following NTP 309 Work Order No. 51 Aviation Boulevard Extension Alternative Alignment Study The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: Brian Good, P.E. Title: Senior Vice President By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney Page 11 of 11 310 Y m m ct 'IT v O i N N D O w LQ QN L fl - N cD cDO M M c0 y N N CD = O C1 M d cA O O O la N N M El w U Q Y tLE � N N � c c E E c m m M c m m Cl) O CL M CL 7 00 V V CO N N a) c O CO c0 N 0 f7 Cl) N a7 m c O N N y O N O W O V O V N w O a` a � y c L Q NN O O O O N N _ 07 � N N D R M OL aL A c L p Q N C N 0 0 r 0 N 0 - 0 N O N N O a7 a7 N O a` m n. U c O N O N a` N C N C m C N U N n a .2 C m O E m c 0- C) _m N a)� Q m ca> c m c a O > C Q) O m > W Q J c W a N Y N a C m m C O O N >+ m C C Q c E d aE m LU > m >` m c > cca � a E L o �' U o U a C7 N M 12.G.2. 06/0/72022 OPTION CA _ _-- 10-01.2021 f LR.C.-1761 / r � I 3-I ?IlI 1 I=3� 31Z 1 Of Ce Of Attorney's Matters 06/07/2022 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: May 24, 2022 SUBJECT: Counteroffer for a Parcel of Right -Of -Way Located at 805566 th Avenue, Vero Beach, FL 32967 Parcel 130 Owned by Robert and Mary Grace Sexton On February 15, 2022, the Board of County Commissioners extended an unconditional offer to Robert and Mary Grace Sexton (the Sextons) to purchase property needed for right-of-way at the northern end of the 66th Avenue Improvement Project, Phase II. You will recall the Sextons own an 18.85 -acre parcel of property that lies on the west side of 66th Avenue between 77th and 81St Streets. This site is rectangular in shape. The property is located outside the urban service boundary and is zoned A-1, Agricultural, up to one unit per five acres and is improved with an active citrus grove. The County needs a 0.40 -acre triangle shaped parcel to be used as right-of-way for the 66th Avenue project. The right-of-way parcel has 590 feet of frontage along 66th Avenue and is 72 feet wide at its deepest point. Improvements within the 0.40 acres are citrus trees with accompanying irrigation and fencing. An aerial photo of the parent parcel and sketch and legal description of the part to be taken are attached to this memorandum. The property is an active, producing grove. A recent appraisal establishes the value of the partial taking to be $20,500.00 which equates to a value of $51,250 per acre. A copy of the appraisal is available for review at the Board of County Commissioners' office. At the Board's meeting in February, an unconditional offer of $40,000.00 was approved. Staff has been negotiating with the Sextons, and relayed the Board's unconditional offer of $40,000 to them. The Board is required to make an unconditional offer to the Sextons prior to filing suit in eminent domain. Suit was filed by the County's outside counsel, Bill Doney, on March 22, 2022. The Sextons have not hired an attorney or any expert witnesses and 313 Sexton 66th Avenue Counteroffer June 2, 2022 Page 12 have continued to negotiate a settlement with the County. In a meeting held May 13, 2022, the Sexton's counteroffered with $50,000.00 in full and final settlement of all claims for damages, fees and costs they may have against the County. They contend that the appraisal and the unconditional offer do not provide adequate compensation for the fence that lies within the area of take. The Sextons are not seeking any extended possession or driveway improvements. They will accept responsibility for replacement of the fence after it is taken down during the clearing of the right-of-way when construction begins on Phase II of the project, from 69th to 81St Streets. Recent offers to properties along 66th Avenue include the following: Ken Chestnut property acquisition at 6900 65th Street, Parcel 303: • appraisal report established fair market value at $29,500 • 0.38 acre take from a 10 -acre parcel • Board offered incentive amount of $47,000 and permitted second driveway (59.3% above appraised value) or $123,684iacre Johnny and Jackie Dent acquisition at 6855 69th Street, Parcel 313: appraisal report found fair market value to be $20,700 0.53 acre take from a 10 -acre parcel Board offered $40,000 for the right-of-way (93.2% above appraised value) or $75,472/acre and a driveway cut. It should be pointed out that both of the above settlements contained significant expert witness and attorney's fees. The proposed counteroffer by the Sextons is in line with the Board's preference that the benefit of the settlement should go to the aggrieved landowner rather than out of town experts and attorneys. After review of the file and discussion with staff, it is recommended that the Board approve the Sexton's counteroffer in the amount of $50,000. There are no expert witness fees, attorney's fees or costs associated with the settlement. Funding: Funding in the amount of $50,000 for the acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave/69th Street — 85th Street, Account # 10215141-066120-16009. Recommendation: Staff recommends the Board approve the counteroffer to purchase the necessary right-of-way from the Sextons at a price of $50,000 and authorize the County Attorney's Office or outside counsel to execute any documents needed to settle the lawsuit. Attachments: Aerial photo Sketch and Legal Description 314 Indian River County, FL m s �• • A .sw.r ... $.• /: H �y s a A � t � iv4 �F=� ��. L� Legend ® Parcels Street Centerlines Subdivisions i Municipal Boundaries 2 IRCprivate_Sdwo Government Facilities D FEDERAL GOVERNMENT COUNTY GOVERNMENT ® LOCAL GOVERNMENT t SCHOOL ® HOSPITAL FIRE STATION g LAW ENFORCEMENT 4 STATEPARK 315 COUNTY PARK CITY PARK 6 BOATRAMP • CANOELAUNCH • CANOE LANDING Golf Courses Water Parcel ID 31393100000700000002.0 ProplD 39482 Owner SEXTONROBERTG& Last2Sales Sec/Twp/Rng 31-31-39 Class 6600- Address MARYGRACEM Date Price Instr Type Qual Property 805566TH AV Citrus 1071 INDIAN MOUND TRAIL 12/V2014 $100 Warranty U Address VERO BEACH Acreage 18.84 VERO BEACH,FL 32963 Deed Clear Title 12/1/2014 $15000 Warranty U Deed District 1- NORTH COUNTY W/SEB INLET Plat Book Link Brief Tax Description ALL THATPARTOF THE N 825.00 FT OF THE SE OF SEC 31 TWP 31 S RGE 39 ELYING E OF THE FOLL DESC LINE; BEG ATA PTON THE N LINE OF THE SE OF SEC 31 TWP 31 S RGE 39 E SAID POB LYING N 89 DEG SS MIN 29 SEC WA DIST OF 1298.55 FT FROM THE NE COR OF SAID SE O - (Note: Not to be used on legal documents) Date created: 2/9/2022 315 N - W »> E 0 S X00• GRAPHIC SCALE rim 14 6=001'38'49° L=83.93' (TO TCE) UNE TABLE UNE LENGTH BEARING L1 1 25.00 1 N89'27'05"Vl O.C. P.O.B. ' 25 10' TCE--^j'�° t t Cl 31393100000700000002.0 z L�007'25'36' L=378.49' (TO TCE) PARCEL 130 17,515 0.40 ACRES POINT CF REVERSE N 0 CURVE p 1c, I I� C2 N89'55'41"W o 72.54' I 0 N 81st STREET a� I I( 68'—{ I LJ LLJ Jl I$3 a� Q a � w CD CO CURVE TABLE PARCEL — RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT ihls oertifl- that a legal d—Hptl— and sketch of Me property shown hereon — made under my -P&-d.1— and that this legal descriptiaa and sketch meats the standards of prod/— ant forth by the FlMdo Board of Pror as'ond 5—.K- and AGapp— Tn Chapter 51-17, f7orlda CURVE LENGTH I RADIUS rANGENT_ CHORD I BEARING DELTA C1 579.22 2920.00 290.56 I 578.27 N06 -43'18"E 11'21'55" C2 15.98 3080.00 7.99 15.98 1 N12'15'21"E 00'17'50" LEGEND SECTION UNE EASEMENT UNE PROPERTY LINE PROPOSED RIGHT OF WAY 316 PARCEL — RIGHT OF WAY LINE P.O.C. POINT OF COMMENCEMENT ihls oertifl- that a legal d—Hptl— and sketch of Me property shown hereon — made under my -P&-d.1— and that this legal descriptiaa and sketch meats the standards of prod/— ant forth by the FlMdo Board of Pror as'ond 5—.K- and AGapp— Tn Chapter 51-17, f7orlda 8 P.O.B. POINT OF BEGINNING Adrnl"W-tl`n Code, pursuant to Sectton 472.027, ��-Stotutes, and R/W RIGHT OF WAY that this drowng U a t— and ocw ata eproasyoC the ear to the best of my kaowtedge bel7aL Subject CRB OFFICIAL RECORDS BOOK and t 6t- and notat/one shown hereon. a PG PAGE TCE TEMPORARY CONSTRUCTION EASEMENT E.G D£AI£7EN. P.5.Al. Na 5779 FOOT FLORIDA DEPARTMENT OF JLJL_ 2 TRANSPORTATION oAT£ SECT. SECTION Not `d/d without the s/gnotum and the orfglnol ralsed seal of a Rorlda uaenaed .51—jvr and Mapper " ''�"m' ,��®�� g �m ° oro f& g "��1eT ora © IDn RMtY-Malp NO A9�¢'I[; XG oATe 7/io/ 7 LEGAL DESCRIPTION AND SKETCH OF PARCEL 130 7 OF 2 S o¢a®wECD .,e aenr sera r, ossa ax w+a g.�c., n ssnoo rxcac m-nw.eim nx min.--nw I aaa.aae PROXCT No. 047035041 INDIAN RIVER COUNTY, FLORIDA 316 LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCE= OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO WIT: COMMENCING FOR REFERENCE AT THE EAST %, CORNER OF SAID SECTION 31; THENCE, BEARING SOUTH 0032'5" WEST, ALONG THE EAST UNE OF SAID SECTION 31, A DISTANCE OF 235.21 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'27'06" WEST, A DISTANCE OF 25.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 66TH AVENUE AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 00'32'54' WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 590.02 FEET TO A POINT; THENCE, LEAVING SAID WEST RIGHT OF WAY LINE, BEARING NORTH 89'55'41" WEST, A DISTANCE OF 72.54 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 00'17'50", A CHORD LENGTH OF 15.98 FEET BEARING NORTH 12'15'21" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 15.98 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2,920.00 FEET, A CENTRAL ANGLE OF 11'2155 A CHORD LENGTH OF 578.27 FEET BEARING NORTH 06'43'18" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 579.22 FEET TO A POINT; THENCE, BEARING SOUTH 89'55'16" EAST, A DISTANCE OF 7.11 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 17,515 SQUARE FEET OR 0.40 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SJRVEY, IS THE EAST LINE OF SECTION 31. SAID LINE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWNG MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY SURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. i m I LEGAL DESCRIPTION AND SKETCH OF © mn rcmi.-Haa+ ao .�cvns ac PARCEL 130 .� ze x am¢. o xao vaa¢cr o. INDIAN RIVER COUNTY, FLORIDA nw� nz--n�-am raa m-n.-.,ap OS7035041 swnecr-�.ma nI A SHM NUMBER 20F2 317 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 13 QffiCe of County Attorney's Matters 06/07/2022 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: May 25, 2022 SUBJECT: Acquisition of Right -Of -Way from Venda Burgess for 58th Avenue/331d Street Intersection Improvements — 3335 58th Avenue Venda Burgess (Ms. Burgess) is the owner of a 0.30 -acre parcel of property located on the northwest corner of 58th Avenue and 33rd Street as shown below as Figure I. Nx, P! k � t'i $• a• Figure 1. Burgess property aerial photo The parcel is zoned RS -3, single family, up to three units per acre and lies inside of the Urban Services Boundary. This property is rectangular in shape with 100 feet of frontage along 58th Avenue and is 132 feet deep and lies within the unincorporated County. Preliminary plans show the new right-of-way line going through the southern portion of the house. Rather than facing severance damages and the cost to cure, the County prefers to acquire the entire 0.30 -acre parcel from Ms. Burgess for improvements to the 581h Avenue/33,d Street intersection. The former Dodger Pines Golf Course lies to the east of the Burges property and is within the city limits of the City of Vero Beach. The golf course closed in 2002 and since that time a number of developments have been proposed to the City with none making it further than the planjiP9 ir � t'i $• The parcel is zoned RS -3, single family, up to three units per acre and lies inside of the Urban Services Boundary. This property is rectangular in shape with 100 feet of frontage along 58th Avenue and is 132 feet deep and lies within the unincorporated County. Preliminary plans show the new right-of-way line going through the southern portion of the house. Rather than facing severance damages and the cost to cure, the County prefers to acquire the entire 0.30 -acre parcel from Ms. Burgess for improvements to the 581h Avenue/33,d Street intersection. The former Dodger Pines Golf Course lies to the east of the Burges property and is within the city limits of the City of Vero Beach. The golf course closed in 2002 and since that time a number of developments have been proposed to the City with none making it further than the planjiP9 Burgess memo to BCC June 2, 2022 Page 12 stages. The most recent owner, Sunfield Homes, has proposed a 780 -unit development that will have access points off of 43rd Avenue north of 2611 Street, 26th Street between 431d and 58th Avenues and off of 58th Avenue at 33rd Street. The 58th Avenue/33rd Street intersection is scheduled to be expanded with turn lanes and a traffic signal, all to be built at the developer's cost, if the right of way is available. The Burgess property is needed so when the development moves forward to the construction stage, the right-of-way will be purchased and the intersection improved with no obligations running to the County. The Board approved the purchase of the Cherry Lane Estates, Inc. right-of-way parcel at its meeting of May 17, 2022. The Cherry Lane parcel provided needed right-of-way along the south side of 33rd Street. Acquisition of the Burgess parcel will complete right-of-way acquisition needed for the 58th Avenue/33rd Street intersection improvements. Ms. Burgess purchased this home in 1987 and has lived in the residence for the past 35 years. She retired from the Indian River School District after 30+ years as a guidance counsellor. The improvements located within the area of take consisting of: • A 3 -bedroom, 2 -bath wood frame single family home • Numerous mature oak and palm trees • A semi -circular concrete driveway with connections to 58th Avenue and 33rd Street • Extensive landscaping • A front porch and a screened rear porch Please see the sketch and legal description attached to the Agreement to Purchase and Sell Real Estate that is included with this memorandum. The County's appraisal for the Burgess home was performed by Armfield & Wagner. That 2021 appraisal assigned value for the whole take of $305,000. A copy of the appraisal is available for review at the Board of County Commissioners Office. The appraisal used the comparable sales approach in establishing a value for the land and improvements within the area of take. The comparable sales method is the most common method used in valuating real estate. Ms. Burgess is represented by Brent Simon, Esq. The appraiser hired by Ms. Burgess established the value of the property as a whole at $510,000. A copy of this report is available for review at the Board of County Commissioners Office. Through negotiations with Ms. Burgess attorney, the parties agreed to a settlement proposal to the Board of $552,000 in the full and final settlement of all claims by Ms. Burgess, including all improvements to the property, attorney's fees and expert witness costs. Ms. Burgess will be given no more than one year of extended possession at no cost so she will be able to complete her plan of purchasing a new residence. By accepting the settlement and purchasing the property in advance of filing a lawsuit, staff is attempting to save on expert witness fees incurred by both the County and Ms. Burgess. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is ready for trial, not inclusive of legal fees incurred by Ms. Burgess and the County. Pursuant to state statutes, the County is responsible for reasonable expert witness fees of Ms. Burgess, as well as attorney's fees for her counsel. The County has incurred significant savings by not having to hire our trial attorney and witnesses: appraiser, engineer, landscape architect and land planner. 319 Burgess memo to BCC June 2, 2022 Page 13 Since the parties reached the Agreement to Purchase and Sell Real Estate ("Agreement" attached) through negotiations with the attorneys, this Agreement settles the case in full. STAFF RECOMMENDATION: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate for Ms. Burgess' property and authorize the Chairman to execute the document on behalf of the Board. FUNDING: Funding in the amount of $552,000 for this acquisition is budgeted and available from Traffic Impact Fees 2020/District 1/58th Ave -33rd Street Left Turn Lanes, Account # 10415141- 066120-15002. Attachments: Agreement to Purchase and Sell Real Estate with Exhibits Copy to: Brent Simon, Esq. 320 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT is entered into as of the day of May, 2022, by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 ("County"), and Venda R. Burgess, whose address is 3335 58th Avenue, Vero Beach, FL 32966 ("Ms. Burgess"). WHEREAS, Ms. Burgess owns a 0.30 -acre parcel of improved land located at 3335 58th Avenue, Vero Beach, FL 32966 on the west side of 58th Avenue and north of 331d Street as depicted on the aerial photo attached as Exhibit "A"; and WHEREAS, the parcel is zoned RS -3, Residential, up to three residential units per acre and lies inside of the Urban Services Boundary; and WHEREAS, County is undertaking a road expansion project consisting of the expansion of the intersection of 5811 Avenue and 33rd Street, for which County needs the entire 0.30 -acre of property (Property) to be used as right-of-way; and WHEREAS, in order to avoid the uncertainty of trial and the costs of litigation, the Parties have agreed to purchase and sell the above parcel of Property to be used for the 58th Avenue/33rd Street Intersection expansion project. NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Recitals. The above recitals are true and correct and are incorporated herein. 1. Agreement to Purchase and Sell. Ms. Burgess hereby agrees to sell to the County, and the County hereby agrees to purchase from Ms. Burgess, upon the terms and conditions set forth in this Agreement, the 0.30 -acre parcel of real property and more specifically described in Exhibit "B" attached and incorporated by reference herein. 2. Purchase Price; Effective Date. The purchase price (the "Purchase Price") for the Property shall be FIVE HUNDRED TEN THOUSAND DOLLARS ($510,000.00). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, by the Indian River County Board of County Commissioners at a formal meeting of such Board. 3. Title to the Property. Ms. Burgess shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Ms. Burgess; but subject to property taxes for the year of Closing and subject to covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property. 321 4.0 County may order an Ownership and Encumbrance Report with respect to the Property. County shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to Ms. Burgess of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Ms. Burgess cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"), Ms. Burgess shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Ms. Burgess, to: (i) terminate this Agreement, whereupon it shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 5. Representations of Ms. Burgess. 5.1 Ms. Burgess is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property, which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 5.2 From and after the Effective Date of this Agreement, Ms. Burgess shall take no action which would impair or otherwise affect title to any portion of the Property, and, except for documents related to construction of her new home and replacement structures, shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 5.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 6. Default. 6.1 In the event that Ms. Burgess shall fail to perform any of its obligations hereunder, the County shall be entitled to: (i) terminate this Agreement by written notice delivered to Ms. Burgess at or prior to the Closing Date, and pursue all remedies available hereunder and under applicable law; (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive Ms. Burgess's default and proceed to Closing. 6.2 In the event of a default by the County, Ms. Burgess shall be entitled, as its sole remedy hereunder, to terminate this Agreement. Ms. Burgess shall have no claim for specific performance, damages or otherwise against the County. 7. Closing. 2 322 7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) Ms. Burgess shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraphs 3 and 4 respectively. (b) Ms. Burgess shall be entitled to one year of extended possession without compensation and at the end of the one-year period, shall have removed all of her personal property and equipment from the Property and shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. The Parties shall enter into a mutually agreeable lease at the time of closing. (c) If Ms. Burgess is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) Ms. Burgess shall deliver to the County an affidavit, in form acceptable to the County, certifying that Ms. Burgess is not a non-resident alien or foreign entity, such that Ms. Burgess and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) Ms. Burgess and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction, including any corrective documents. 7.2. Closing Costs; Expenses, County shall be responsible for preparation of all Closing documents. County shall pay the following expenses at Closing: (a) The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. (b) Documentary Stamps required to be affixed to the warranty deed. (c) All costs and premiums for the owner's marketability title insurance commitment and policy, if any. (d) Appraisal fees in the amount of $12,000.00 to Cantrell Ray Real Estate, LLC. (e) Attorney's fees in the amount of $20,000.00 representing approximately 4% of the purchase price to Brent Simon Law Group. (f) Moving expenses in the amount of $10,000.00 to Venda R. Burgess 8. Prorations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by Ms. Burgess. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, Ms. Burgess shall pay all current real estate taxes and special assessments levied against the Property, prorated 3 323 based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January 1 and November 1, Ms. Burgess shall, in accordance with Florida Statutes Section 196.295, deposit into escrow with the Tax Collector, an amount equal to the current real estate taxes and assessments, prorated to the Closing Date. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Conveyance in Lieu of Eminent Domain. It is understood by the parties that this contract is entered into by Ms. Burgess under the threat and in lieu of condemnation. 9.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between Ms. Burgess and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.4 Assignment and Binding Effect. Neither County nor Ms. Burgess may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Ms. Burgess: Venda R. Burgess 3335 58th Avenue Vero Beach, FL 32967 If to County: Indian River County 1801 271h Street Vero Beach, FL 32960 Attn: Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on 4 324 behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.8 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses. 9.9. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original_ 9.10. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. SIGNATURES ON THE FOLLOWING PAGE 5 325 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. AS TO VENDA R. BURGESS: By: /I A'� Venda R. Burgess BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Date Signed: Date Signed:-�- t ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: VViIliam K. DeBraal " Deputy County Attorney 52-01-VER124 Indian River County Administrator By: Jason E. Brown 6 326 -` Indian River County, FL [EXHIBIT "-- -- �A"I Overview 7 L ;— Legend ❑ Parcels Street Centerlines ll-.' Municipal Boundaries 2 IRC -Private Schoo Government Facilities tv FEDERAL GOVERNMENT COUNTY GOVERNMENT LOCAL GOVERNMENT SCHOOL Iil HOSPITAL FIRE STATION • LAW ENFORCEMENT • STATE PARK COUNTY PARK • CITY PARK i� BOAT RAMP • CANOELAUNCH CANOE LANDING Golf Courses Water Parcel ID 32393200009002000011.0 Prop ID 53012 Owner BURGESS VENDA R Last 2 Sales Sec/Twp/Rng 32-32-39 Class 0100- Single Family - Address 3335 58TH AVE Date Price Instr Qual Property 3335 58TH AV Improved VERO BEACH, FL Type Address VERO BEACH Acreage 0.3 32966 9/1/1987 $89500 n/a U 5/1/1984 $12000 n/a U Plat Book Link District 7- COUNTY- NO SEBASTIAN INLET Brief Tax Description REPLATOF LASAR PARKSUB BLK 2 LOTS 11 & 12 PBI 2-20 'Note: Not to be used on legal docU;ne;Gtsi Date created: 5/2/2022 Last Data Uploaded: 5/2!2022 806:29 AM Developed by" Schneider GEOSPATIAL 327 00 • r 33RD ST ----------------------- Overview 7 L ;— Legend ❑ Parcels Street Centerlines ll-.' Municipal Boundaries 2 IRC -Private Schoo Government Facilities tv FEDERAL GOVERNMENT COUNTY GOVERNMENT LOCAL GOVERNMENT SCHOOL Iil HOSPITAL FIRE STATION • LAW ENFORCEMENT • STATE PARK COUNTY PARK • CITY PARK i� BOAT RAMP • CANOELAUNCH CANOE LANDING Golf Courses Water Parcel ID 32393200009002000011.0 Prop ID 53012 Owner BURGESS VENDA R Last 2 Sales Sec/Twp/Rng 32-32-39 Class 0100- Single Family - Address 3335 58TH AVE Date Price Instr Qual Property 3335 58TH AV Improved VERO BEACH, FL Type Address VERO BEACH Acreage 0.3 32966 9/1/1987 $89500 n/a U 5/1/1984 $12000 n/a U Plat Book Link District 7- COUNTY- NO SEBASTIAN INLET Brief Tax Description REPLATOF LASAR PARKSUB BLK 2 LOTS 11 & 12 PBI 2-20 'Note: Not to be used on legal docU;ne;Gtsi Date created: 5/2/2022 Last Data Uploaded: 5/2!2022 806:29 AM Developed by" Schneider GEOSPATIAL 327 mrm--M Sketch and Legal Descrip Eon or: INDIAN RIVER COUNTY Legal Description_(RiQht of Way Acquisition) LOTS 11 AND 12, BLOCK 2, REPLAT OF LASAR PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 20, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINING 13,151 SQUARE FEET (0.30 ACRES), MORE OR LESS Surveyor's Notes 1). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UN' -ESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH OF THE DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE, THERE MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS OR OTHER ENCUMBRANCES NOT SHOWN HEREON, BUT CAN BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,, FLORIDA. Legend and Abbreviations = INDIAN RIVER FARMS CertificationI.R.F.W.C.D. WATER CONTROL DISTRICT (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL L.L.C. = LIMITED LIABILITY COMPANY RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) O.R.B.= OFFICIAL RECORD BOOK (P) = PLAT I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY P.B.= PLAT BOOK SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID PG = PAGE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND PBS = PLAT BOOK ST. LUCIE BELIEF. A=DELTA ANGLE SQ. FT. = SQUARE FEET I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF R = RADIUS PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL RNV= RIGHT-OF-WAY SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, =JOINT OWNERSHIP PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. DATE OF SIGNATURE DAVID W. SCHRYVER This is not a Boundary Survey PROFESSIONAL SURVEYOR AND MAPPER PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS FLORIDA CERTIFICATE NO. 4863 Vv7TH SHEET 2 BEING THE SKETCH OF DESCRIPTION AGENCY: INDIAN RIVER COUNTY, FL onti Sketch and Legal Description PUBLIC WORKS DEPT./ENGINEERING DIY. g p UAIL: UNAWN BY: for: 1 > 02 202 R. /NOL£TT SCALE:N/A APPROVED BY: SCHRrv£R INDIAN RIVER COUNTY sHEE OF 2 OB NO: SSS (3335 58th Avenue) Sketch and Legal Description for: INDIAN RIVER COUNTY Shadow Brook Subdivision (PLAT BOOK 9, PAGE 17) Lot 5 Replat of Ldsar Park/ Block 2 o (PLAT BOOK 2, PAGE 220) -0 O 3��32-i)0609�0��OOi1.0� VENDA BURGS -SS TE ADDRESS: 3335 58th AVENU O.R.B. 779, PG 2461 �131.58'(P� 13,151 ' a SQUARE FEET± a D(0.30 ACRES±) o Ln Lot 12' /131.67' 0 Z Q N W Z I- J O < W Q J LL O" r T W W IM t 00 L0 U \ W rn � \I �I cn Q 0 W Z a 0 O Z W U- ? O J WI r Z � JI L- 0 t- 0 0_ I ¢1 I WI 95' ----------------- 55' -------- -------- RIGHT OF WAY LINE i 33rd Street i SOUTH LINE OF NORTHWEST 1 /4 CA SECTION 33-32-39 WEST 1/4 CORNER SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST 25' j RIGHT OF WAY LINE Legend and Abbreviations I RIGHT OF WAY LINE AND SOUTH LINE LOT 12 ' SOUTH: INE OF NORTHEAST 1/4 SECTION 32-32-39 I.R.F.W.C.D. z j SUB --LATERAL A-4 CANAL o ' 2.5'_ RIGHT OF WAY LINE This is not a Boundary Survey PROVIDED IN RS ENTIRETY CONSISTING OF 2 SHEETS VMH SHEET 2 SENG THE SKETCH OF DESCRIPTION AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. 11/02/202 DRAWN BY: R. lNGL£TT SCALE: APPROVED BY: N/A D. SCHRYY£R SHE�:Of, 2 OB NO: 1356 (NOT TO SCALE) 1.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L.L.C. = LIMITED LIABILITY COMPANY O.R.B = OFFICIAL RECORD BOOK (P) = PLAT P. B.= PLAT BOOK PG = PAGE PBS = PLAT BOOK ST. LUCIE A=DELTA ANGLE SQ. FT. = SQUARE FEET R = RADIUS R/W= RIGHT-OF-WAY =JOINT OWNERSHIP Sketch and Legal Description for: INDIAN RIVER COUNTY (3335 58th Avenue) Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 3C— County Attorneys Matters - B.C.C. 6.7.22 Of Ce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 25, 2022 SUBJECT: Community Development Districts BACKGROUND. Per section 190.003, Florida Statutes, a community development district is defined as a local unit of special-purpose government. The main purpose of a community development district is to plan, finance, construct, operate and maintain infrastructure and services in a development. The financing for the infrastructure and services is through the issuance of tax-exempt bonds, with the principal and interest then paid back over time by the residents through assessments on the annual property tax bill. Please note that the community development district assessment is in addition to the other taxes and assessments on the annual property tax bill and homeowner's association fees that are not found on the annual property tax bill. The community development district is a financing option for developers that allows them to shift the upfront development costs of a project onto the future residents of a development. If these assessments are not paid, homeowners can lose their homes through the same process established under Florida statutes for not paying property taxes. Per section 190.005, Florida Statutes, the Indian River County Board of County Commissioners ("Board") has the authority to establish a community development district of less than 2,500 acres in size. Per the statute, in making a determination as to whether to grant or deny the Petition, the Board considers: 1. Whether all statements contained within the Petition have been found to be true and correct. 2. Whether the establishment of the proposed district is inconsistent with any applicable element or portion of the state comprehensive plan or of the Indian River County Comprehensive Plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the proposed district is the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. 5. Whether the community development services and facilities of the proposed district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. C:IUsensufc-prod4pDataEL aRTemplBCL TechmlogiesleaWPDF81@BCL@A008E93n@BCL@4008E437.dx 330 Board of County Commissioners May 25, 2022 Page 2 6. Whether the area that will be served by the proposed district is amenable to separate special - district government. On December 7, 2021, after a withdrawal of a prior request for a community development district, the Board discussed establishing a policy on community development districts. At the Board meeting, the idea was presented about an ad-hoc committee of interested developers and community groups establishing parameters for community development districts, and County staff agreed to bring back a presentation in March of 2022. On February 10, 2022, County staff conducted a meeting in the large conference room in Building B concerning community development districts. Approximately 25 people from the development community, including developers, builders, engineers, consultants and attorneys attended. A good discussion ensued that lasted almost two hours. At the meeting, County staff reiterated the position stated at the December 7, 2021 Board hearing, that County staff could support community development districts in situations where a specific project is going to provide an important additional benefit (e.g. significant additional public amenities, special conservation component, the need to overcome a substantial infrastructure obstacle, above and beyond the requirements to development a property, and traditional neighborhood developments). Additionally, County staff stated that they believed that community development districts were more appropriate in larger scale projects, such as 500 or more acres. On March 15, 2022, the County Attorney's Office sought guidance from the Board on how to proceed. The Board voted 4-1 to direct the County Attorney's Office to 1) gather the Board's comments regarding community development districts; 2) utilize those comments in conjunction with input from Community Development staff to create a draft version of policy parameters for community development districts; 3) schedule a workshop with community partners to discuss the draft policy; and 4) return to the Board in May or June of 2022 to present the draft policy for Board input and approval. The County Attorney's Office in conjunction with Community Development staff drafted the attached guidelines. County staff tried to incorporate the various issues raised by the Board including, increasing connectivity and incorporating grid networks, using a 500 acres threshold for requests, having a public benefit, increasing the amount of open space, having a multi -use real estate project, such as an equestrian community. Per the Board direction, County staff conducted a follow-up workshop on March 281h. Much of the discussion at the workshop was focused on having County guidelines that were more flexible with regards to the acreage requirements and the connectivity requirements. Subsequently, County Community Development staff met with land development planners to discuss proposed changes. County staff supports the guidelines as revised, which closely mirror the County's Traditional Neighborhood Design (TND) standards and which staff believes meets the direction set forth by the Board. Thus, County Attorney's Office recommends that the Board adopt the proposed guidelines. CTech-I.V,,l-.yPDF81@BCL AO08E43T a�CL®A008E437d.c 331 Board of County Commissioners May 25, 2022 Page 3 The Board should also consider whether it wishes to establish an application fee for community development districts which are less than 2,500 acres. Per section 190.005, Florida Statutes, an application for the establishment of a community development district of 2,500 acres or more must be accompanied by a fling fee of $15,000. However, there is no statutory filing fee for smaller community development districts. FUNDING. There is no funding associated with the community development district guidelines. Any application or filing fee received by the County would be deposited into the MSTU Fund/Other Miscellaneous Revenues account, 004038-369900. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners adopt the Indian River County Community Development District Guidelines and establish an application fee of $15,000 consistent with section 190.005, Florida Statutes. ATTACHMENT. CDD Guidelines CIU Wfc-p-d4pDw."L .AT-pOCL Techrwl g,.s� , yPDF81@BCL@AOMEJ3TQBCL@AOOSEJ37.dx Indian River County Community Development District Guidelines Pursuant to section 190.005, Florida Statutes, the establishment of a community development district less than 2,500 acres in size in the unincorporated areas of Indian River County is a decision to be made by the Indian River County Board of County Commissioners (the "Board") at a public hearing. In addition to satisfying all of the statutory requirements set forth in section 190.005, Florida Statutes, the Board has established the following guidelines as a minimum threshold for applicants seeking to file a petition to establish a community development district. 1) The real estate project must be 500 acres or more in size. 2) The real estate project must provide a street network which meets the following minimum standards: A. Be consistent with the existing Traditional Neighborhood Development (TND) standards per section 915.21; or B. Be designed in a traditional or modified grid -pattern where cul-de-sacs, loop roads, and dead-end streets are discouraged, and connectivity exists with neighboring developments. Road intersections are encouraged to have 4 -way directionality; and C. No more than ten (10) percent of blocks shall have a block with perimeter measuring one thousand eight hundred (1800) feet or more. Within commercial and mixed use areas, no block face dimension shall exceed four hundred (400) feet. Blocks may be defined (divided) by streets and major pedestrian paths; and D. Have at least one, connected, non -motorized facility, such as buffered bike lanes (7 feet minimum width), or shared -use path (12 ft minimum width), that connects a centralized feature, such as a park or commercial node, to a neighboring development. 3) Open space within the real estate project must be at least 10% greater than what is required per the County's Land Development Regulations. 4) Provision of a significant public benefit beyond enhanced amenities and landscaping that will be enjoyed by the future property owners within the real estate project. The real estate project must also contain at least one of the following attributes: 1. Significant public infrastructure beyond improvements required through the development review process; 2. Multi -use real estate project; or 4894-0725-5326.1 333 3. Traditional neighborhood development. Any community development district approved by the Board will be required to record in the public records additional disclosure requirements, as approved by the County Attorney's Office, providing additional notice to future buyers of the existence of the community development district. 4894-0725-5326.1 334 x,1"22. [�, Indian River County Community Development District Guidelines M(960 Pursuant to section 190.005, Florida Statutes, the establishment of a community development district less than 2,500 acres in size in the unincorporated areas of Indian River County is a decision to be made by the Indian River County Board of County Commissioners (the "Board") at a public hearing. In addition to satisfying all of the statutory requirements set forth in section 190.005, Florida Statutes, the Board has established the following guidelines as a minimum threshold for applicants seeking to file a petition to establish a community development district. 1) The real estate project must be 500 acres or more in size. 2) The real estate project must provide a street network which meets the following minimum standards: A. Be consistent with the existing Traditional Neighborhood Development (TND) standards per section 915.21; or B. Be designed in a traditional or modified grid -pattern where cul-de-sacs, loop roads, and dead-end streets are discouraged, and connectivity exists with neighboring developments. Road intersections are encouraged to have 4 -way directionality; and C. No more than ten (10) percent of blocks shall have a block with perimeter measuring one thousand eight hundred (1800) feet or more. Within commercial and mixed use areas, no block face dimension shall exceed four hundred (400) feet. Blocks may be defined (divided) by streets and major pedestrian paths; and D. Have at least one, connected, non -motorized facility, such as buffered bike lanes (7 feet minimum width), or shared -use path (12 ft minimum width), that connects a centralized feature, such as a park or commercial node, to a neighboring development. 3) Open space within the real estate project must be at least 10% greater than what is required per the County's Land Development Regulations. 4) Provision of a significant public benefit enjoyed by the general public beyond enhanced amenities and landscaping that will be enjoyed by the future property owners within the real estate project. The real estate project must also contain at least one of the following attributes: 1. Significant public infrastructure beyond improvements required through the development review process; 2. Multi -use real estate project; or 4894-0725-5326.1 3A-1 6.�.2,z c�c. 3. Traditional neighborhood development. Any community development district approved by the Board will be required to record in the public records additional disclosure requirements, as approved by the County Attorney's Office, providing additional notice to future buyers of the existence of the community development district. Any community development district application shall be accompanied by a $15,000 application fee. 4894-0725-5326.1 Randi Wardlow From: Dylan Reingold <dreingold@ircgov.com> Sent: Tuesday, June 7, 2022 1:26 PM To: Randi Wardlow Subject: FW: [External] Community Development District Workshop From: Dylan Reingold Sent: Monday, June 6, 2022 11:17 AM To: Peter D. O'Bryan <pobryan@ircgov.com>; Joe Earman <jearman@ircgov.com>; Joseph E. Flescher <jflescher@ircgov.com>; Susan Adams <sadams@ircgov.com>; Laura Moss <Imoss@ircgov.com> Cc: Jason Brown <jbrown @ircgov.com>; Phil Matson <pmatson@ircgov.com> Subject: FW: Community Development District Workshop Commissioners, Good morning! I just received this email concerning the Community Development District item on the agenda tomorrow. Have a wonderful day! Dylan From: Chuck@lnsiteSolutions.biz <Chuck@InsiteSolutions.biz> Sent: Monday, June 6, 2022 11:13 AM To: Dylan Reingold <dreingold@ircgov.com> Cc: Jason Brown < *brown @ircgov.com> Subject: RE: Community Development District Workshop CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Hello, I may not be able to make the Tuesday meeting but I wanted to let you know is that I'm in support of the recommendation that the county is bringing forth. I believe that this allow room to have the sort of design that the county would like to see and yet set some parameters to work within. Regards, Chuck Mechling Insite Solutions, Inc. 772 -999 -3494 -Main 772 -473 -0397 -Mobile ChuckCcbInsiteSolutions.biz www.InsiteSolutions.biz JUNE 07, 2022 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 01, 2022 SUBJECT: Request for Board to give direction to staff to work with City of Vero Beach (COVB) and Town of Indian River Shores (IRS) on establishing "Anchoring Limitation areas" in the Indian River Lagoon. FROM: Peter D. O'Bryan, Chairman Commissioner, District 4 Discussion Item: The 2021 Legislature passed a bill, 327.4108, which allows counties to establish "Anchoring Limitation Areas" (ALA), which limits a live aboard boater to a maximum of 45 days within the ALA. Over the last several years more and more live aboard boaters have been anchoring up in the lagoon outside of the Vero Beach marina. The area to the south of the Barber Bridge and on the western lagoon shoreline, and within the channels of the Lost Tree Islands, have had dozens of boats anchored up for extended periods. Since they are outside the COMB marina limits, they are not serviced by the COVB pump out boat, so they end up discharging into the lagoon. While most boats have the Coast Guard approved marine sanitation device (MSD), these only treat for bacteria and E. Coli, and do not treat for N and P nutrient loads. The Florida Fish and Wildlife Conservation Commission (FWC) recently conducted Operation "Leaky Bottom" in Brevard and Indian River counties. Law enforcement officers from 10 agencies conducted foot patrols checking vessels at marinas and water patrols focused on moored or anchored vessels. Officers performed 241 vessel inspections resulting in 94 warnings and 56 citations, many for MSD violations (29). Nine vessel owners were cited for actively dumping waste into the water, and 20 more found with unsecured "Y" valves (raw sewage can be discharged directly into the water). Ideally the ALA would incentivize vessels to moor within the COVB marina, thereby being serviced by the marina pump out boat. In addition, the ALA would allow the county to act faster on derelict or abandoned vessels. I have had preliminary discussion with Mayors Brackett and Foley and initial reaction has been positive. Obviously both councils would also need to vote to approve moving forward with ALA. Recommendation: I respectfully request the Board give direction to staff to work with City of Vero Beach (COVB) and Town of Indian River Shores (IRS) on establishing "Anchoring Limitation areas" in the Indian River Lagoon. Backup Attached: Letter from Clean Water Coalition Copy of FSS §327.4108 Email from Jessica Crawford (FWC) re: "Leaky Bottom" 335 Clew Water Moon ewe DERELICT VESSELS For the past two years, CWC policy has been to encourage enhanced enforcement as the primary means of clearing City and County waters of dangerous and unsightly vessels. City of VB and IR Shores Police Departments, IRC Sheriff's Office, FL FWC patrol officers have all been engaged in this effort to different degrees. Support on the actual removal of vessels has been provided by the County Natural Resources Manager. But today the situation is as bad as it has been in recent years, so I think we have to ask ourselves "Are we on the right track?". it takes constant monitoring and pressure on the enforcement agencies. Even when vessels are eventually approved for removal, the completion of the process usually takes months. I think the answer to the question above, based on the objective evidence, is "No" This conclusion is by no means a reflection on the efforts of the IRC Sheriff's Office and also Eric Charest, County Natural Resources Manager, which have been excellent. So what alternatives are available? A major part of the problem is that FL FWC has five criteria for removal, one of which must be met for the removal process to begin, attached. There are many vessels in City of Vero Beach, Indian River Shores, Sebastian and Indian River County waters which are clearly abandoned, derelict and unsightly but which cannot be removed using FWC historical criteria. Many of these boats have been in the same position and condition for months, if not years. Recognizing this problem, FWC introduced new language which was signed into law on July 12021. This new legislation makes it straightforward for Counties to apply for areas of their waterway to be designated an "anchoring limitation area" (see F.S. 327.4108(2)(a) attached). The applicant needs to be a County so this would require IRC, COVB, IR Shores and City of Sebastian to work together. The Bili which led to this new provision was an Agency Bill. The language presumes that the area will be established. The County notices FL FWC who then publishes the notice. Absent any valid objection the area is then established. The provision does not restrict the ability of a transient boater to anchor and there are provisions for boats to anchor in the event of breakdown or inclement weather. Vessel removal would be funded by FWC 100%, as currently. The vessel removal fund was amply replenished in the current State Budget in excess of $12 million. Additionally, F.I.N.D will reimburse up to 75%, $50,000 per county annually. The County has well established procedures for executing the removals by private contractors following FWC approval. CWC requests that the County leads an effort to establish appropriate Anchoring Limitation Areas. Suggested Anchoring Limitation Areas for discussion; COVB West of Riverside Park COVB areas North of the Marina Mooring Field and Fritz Island, to the City Line. All of IR Shores waters. City of Sebastian waters TBD. Other County Waters TBD. Contact: Keith Drewett, CWC Director and Chair Marine Committee. kKeiltlhndarewett@comcast.net. 410-533-4566 Judy Orcutt, CWC Director and Vice President. jiorcuttftellsouth.net. 772-559-5140 P.O. Box 690761 Vero Beach, FL 32969 The Clean Water Coalition, Inc. is a 501(c)(3) Florida Not -far -Profit Corporation 336 Select Year: i 2021 Go The 2021 Florida Statutes Title XXIV Chapter 327 View Entire Chapter VESSELS VESSEL SAFETY 327.4108 Anchoring of vessels in anchoring limitation areas.— (1) The following densely populated urban areas, which have narrow state waterways, residential docking facilities, and significant recreational boating traffic, are designated as and shall be considered to be grandfathered -in anchoring limitation areas, within which a person may not anchor a vessel at any time during the period between one-half hour after sunset and one-half hour before sunrise, except as provided in !subsections (4) and (5): (a) The section of Middle River lying between Northeast 21st Court and the Intracoastal Waterway in Broward County. (b) Sunset Lake in Miami -Dade County. (c) The sections of Biscayne Bay in Miami -Dade County lying between: 1. Rivo Alto Island and Di Lido Island. 2. San Marino Island and San Marco Island. 3. San Marco Island and Biscayne Island. (2)(a) Notwithstanding s. 327.60(2)(f), a county, except for Monroe County, may establish, in accordance with this subsection, an anchoring limitation area adjacent to urban areas that have residential docking facilities and significant recreational boating traffic. The aggregate total of anchoring limitation areas in a county may not exceed 10 percent of the county's detineated navigable -in -fact waterways. As used in this subsection, the term "navigable -in -fact waterways" means waterways that are navigable in their natural or unimproved condition over which useful commerce or public recreation of a substantial and permanent character is or may be conducted in the customary mode of trade and travel on water. The term does not include lakes or streams that are theoretically navigable; have a potential for navigability; or are temporary, precarious, and unprofitable, but the term does include takes or streams that have practical usefulness to the public as highways for transportation. Each anchoring limitation area must meet at[ of the following requirements: 1. Be less than 100 acres in size. For purposes of this subsection, the calculated size of the anchoring limitation area does not include any portion of the marked channel of the Florida Intracoastal Waterway contiguous to the anchoring limitation area; 2. Not include any mooring field or marina; and 3. Be clearly marked with all of the following: a. Signs that provide reasonable notice to boaters identifying the duration of time beyond which anchoring is limited and identifying the county ordinance by which the anchoring limitation area was created. b. Buoys. The county that has created an anchoring limitation area shall install and maintain buoys marking the boundary of the anchoring limitation area. The signs and buoys must be permitted and installed in accordance with ss. 327.40 and 327.41 and commission rule. (b) Except as provided in subsections (4) and (5), a person may not anchor a vessel for more than 45 337 consecutive days in any 6 -month period in an anchoring limitation area established pursuant to this subsection. (c) A county proposing establishment of an anchoring limitation area in accordance with this subsection shall provide notice to the commission at least 30 days before introducing an ordinance to establish the anchoring limitation area. The commission shalt publish notice of the proposed ordinance on its website and distribute such notice through the commission's Boating and Waterways Section e-mail distribution list for ordinances. (3)(a) Monroe County is designated as an anchoring limitation area within which a vessel on waters of the state may only be anchored in the same location for a maximum of 90 days. The commission shalt adopt rules to implement this subsection. (b) The anchoring limitations in this subsection do not apply to approved and permitted moorings or mooring fields. (c) Notwithstanding the commission rules adopted pursuant to this section, this section is not effective for Monroe County until the county approves, permits, and opens new moorings for public use, including at least 250 moorings within 1 mile of the Key West Bight City Dock and at least 50 moorings within the Key West Garrison Bight Mooring Field. Until such time, the commission shalt designate the area within 1 mile of the Key West Bight City Dock as a priority for the investigation and removal of derelict vessels. (4) Notwithstanding subsections (1), (2), and (3), a person may anchor a vessel in an anchoring limitation area during a time that would otherwise be unlawful: (a) If the vessel suffers a mechanical failure that poses an unreasonable risk of harm to the vessel or the persons onboard unless the vessel anchors. The vessel may anchor for 3 business days or until the vessel is repaired, whichever occurs first. (b) If imminent or existing weather conditions in the vicinity of the vessel pose an unreasonable risk of harm to the vessel or the persons onboard unless the vessel anchors. The vessel may anchor until weather conditions no longer pose such risk. During a hurricane or tropical storm, weather conditions are deemed to no longer pose an unreasonable risk of harm when the hurricane or tropical storm warning affecting the area has expired. (c) During events described in s. 327.48 or other special events, including, but not limited to, public music performances, local government waterfront activities, or fireworks displays. A vessel may anchor for the lesser of the duration of the special event or 3 days. (5) This section does not apply to: (a) Vessels owned or operated by a governmental entity for law enforcement, firefighting, military, or rescue purposes. (b) Construction or dredging vessels on an active job site. (c) Vessels actively engaged in commercial fishing. (d) Vessels engaged in recreational fishing if the persons onboard are actively tending hook and tine fishing gear or nets. (6)(a) As used in this subsection, the term "taw enforcement officer or agency" means an officer or agency authorized to enforce this section pursuant to s. 327.70. (b)1. For a vessel in an anchoring limitation area established pursuant to subsection (2), upon an inquiry by a law enforcement officer or agency, a vessel owner or operator must be given an opportunity to provide proof that the vessel has not exceeded the limitations described in subsection (2). Such proof may include any of the following: a. Documentation showing that the vessel was in another location at least 1 mite away within a period of less than 45 days before the inquiry. b. Electronic evidence, including, but not limited to, navigational devices or tracking devices that show the vessel was in another location at least 1 mile away within a period of less than 45 days before the inquiry. 2. If a vessel owner or operator fails or refuses to provide proof that the vessel has not exceeded the limitations described in subsection (2), the law enforcement officer or agency may issue a citation for a violation of this section. 338 (c) A law enforcement officer or agency may remove a vessel from an anchoring limitation area and impound the vessel for up to 48 hours, or cause such removal and impoundment, if the vessel operator, after being issued a citation for a violation of this section: 1. Anchors the vessel in violation of this section within 12 hours after being issued the citation; or 2. Refuses to leave the anchoring limitation area after being directed to do so by a law enforcement officer or agency. (d) A vessel that is the subject of more than three violations within 12 months which result in dispositions other than acquittal or dismissal shall be declared to be a public nuisance and subject to s. 705.103 or, for a derelict vessel, subject to s. 823.11. (e) A taw enforcement officer or agency acting under this subsection to remove or impound a vessel, or to cause such removal or impoundment, shalt be held harmless for any damage to the vessel resulting from such removal or impoundment unless the damage results from gross negligence or willful misconduct. (f) A contractor performing removal or impoundment services at the direction of a taw enforcement officer or agency pursuant to this subsection must: 1. Be licensed in accordance with United States Coast Guard regulations, as applicable. 2. Obtain and carry a current policy issued by a licensed insurance carrier in this state to insure against any accident, loss, injury, property damage, or other casualty caused by or resulting from the contractor's actions. 3. Be properly equipped to perform such services. (g) In addition to the civil penalty imposed under s. 327.73(1)(z), the operator of a vessel that is removed and impounded pursuant to paragraph (c) must pay all removal and storage fees before the vessel is released. A vessel removed pursuant to paragraph (c) may not be impounded for longer than 48 hours. (7) A violation of this section is punishable as provided in s. 327.73(1)(z). History—s. 1, ch. 2016-96; s. 5, ch. 2017-163; s. 13, ch. 2021-184; s. 1, ch. 2021-192. 1 Note.—Substituted by the editors for a reference to subsections (3) and (4), as added by s. 13, ch. 2021-184, to conform to the redesignation of subsections by s. 1, ch. 2021-192. 2Note.—As amended by s. 13, ch. 2021-184. The amendment by s. 1, ch. 2021-192, uses the word "subsection" instead of the word "section. " Copyright Q 1995-2022 The Florida Legislature • Privacy Statement • Contact Us 339 Peter D. O'Bryan From: Jason Brown Sent: Friday, May 13, 2022 12:01 PM To: DL -BCC -Board -Members Cc: Rich Szpyrka; Dylan Reingold; Edward Barenborg; Sean Lieske; Eric Flowers Subject: Fwd: FWC Summary - Operation "Leaky Bottom" Attachments: image001 jpg; Operation Leaky Bottom Summary.doc Commissioners, Please see the information below regarding actions by FWC and local law enforcement regarding marine sanitation and derelict vessels. If you have any questions or would like to discuss this further please let me know. Jason Sent from my Whone Begin forwarded message: From: "Barenborg, Edward" <Edward.Barenborg@myfloridahouse.gov> Date: May 13, 2022 at 11:35:42 AM EDT To: Jason Brown <jbrown@ircgov.com> Subject: FW: FWC Summary - Operation "Leaky Bottom" CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Jason; I've heard the BCC discuss this topic several times so thought you might want to share this with them if they aren't already aware of it. Edward P. Barenborg Legislative Aide for Representative Erin Grail Florida House of Representatives District 54 180127th Street Ste. 132-203 Vero Beach, FL 32960-3388 772-778-5005 Cell: 850-290-2086 FAX:888-639-0034 417 House Office Building 402 South Monroe St. Tallahassee, FL 32399-1300 850-717-5054 From: Crawford, Jessica <Jessica.Crawford@MyFWC.com> Sent: Friday, May 13, 2022 11:32 AM To: Grail, Erin <Erin.Grall@myfloridahouse.gov> 340 Cc: Barenborg, Edward <Edward.Barenborg@myfloridahouse.gov> Subject: FWC Summary - Operation "Leaky Bottom" Representative Grail, I hope this email finds you well. 1 wanted to prcvide you with some information on efforts being done in and around your district as it relates to vessels on the water. The Florida Fish and Wildlife Conservation Commission's Division of Law Enforcement recently conducted a multi -agency target enforcement action, focusing on marine sanitation device ccmpliance, as well as user education regarding new pump - out record keeping requirements, derelict vessels and boating safety. The attachment provides a summary of this successful effort, which is a result of great partnership amongst several agencies (FWC, United States Coast Guard Mayport/Miami Sectors, U.S. Fish and Wildlife Service, Department of Environmental Protection, Brevard County Sherriff's Office, Indian River County Sherriff's Office, Cocoa Police Department, Cocoa Beach Police Department, Melbourne Police Department, Sebastian Police Department, and Indian River Shores Police Department). Altogether, this was an incredible outcome, not only for the success of this operation but for the developed relationships between all of the participating agencies. Please don't hesitate to contact me if you have questions or need additional information. We thank you for all you do and your support of FWC. Jessica Jessica Crawford Legislative Affairs Director Florida Fish and Wildlife Conservation Commission Office: (850) 487-3795 Cell: (850) 251-2734 341 Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Operation "Leaky Bottom" As part of a holistic response to the ongoing manatee unusual mortality event (UME), the FWC is working with partner agencies to direct additional enforcement resources to issues directly related to water quality in Brevard and Indian River County waterbodies. Double digit growth in these counties, coupled with growing vessel sales, has amplified pressure on area waterways and the observed number of boating -associated environmental violations has increased. As the primary statewide boating enforcement agency in Florida, the FWC prioritizes boating enforcement and safety. Recently, the FWC Division of Law Enforcement conducted a multi -agency targeted enforcement action (TEA), focusing on marine sanitation device (MSD) compliance, user education regarding new pump -out record keeping requirements, derelict vessels and boating safety. A marine sanitation device is designed to receive, retain, treat, or discharge sewage onboard a vessel. Any vessel with installed toilet facilities must have an operable MSD on board. Marine sanitation devices also have a "Y" valve designed to enable environmentally safe treatment, pump -out or discharge of effluent after treatment. The "Y" valve must be always secured to direct waste to the MSD within Florida waters (three miles or the edge of the Gulf Stream, whichever is greater, off the Atlantic coast or nine miles off the Gulf of Mexico coast). "Y" valve settings were a particular point of interest for law enforcement officers during this detail, since if left in the open setting, raw sewage could be discharged directly into the water. More than 20 law enforcement officers from ten agencies spanning federal, state, county and city authorities participated in the operation April -May 2022. Officers conducted foot patrols checking vessels at marinas and water patrols focused on moored or anchored vessels on state waters. Officers performed 241 vessel inspections, 359 user checks, resulting in warnings (94) and citations (56), many for MSD violations (29). Officers also identified three additional derelict vessels in the region, which are currently being processed. Nine vessel owners were cited for actively dumping waste into the water, with 20 more vessels found with an unsecured "Y" valve. All liveaboard vessels were educated about the new law requiring a one- year pump out log capturing the date and location of MSD pump outs. Later in May, vessels cited or warned during the operation will be contacted by participating officers for follow up checks to ensure compliance. 342 June 7, 2022 ITEM 14.13. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 31, 2022 SUBJECT: Discussion on Letter Proposing Public Use of School District of Indian River County Recreational Facilities FROM: Joseph H. Earman Commissioner, District 3 Background I'd like to discuss the attached letter proposing public use of School District of Indian River County recreational facilities. Attachment Chairman O'Bryan's Letter to School Board Chairperson Barenborg 343 Teri L. Barenborg, Chair School District of Indian River County 650057 1h Street Vero Beach, FL 32967 RE: School Recreational Facilities Dear Chair Barenborg, As chair of the Indian River County Board of County Commissioners, I want to say that the Board is excited to enter into the Agreement for Use of Facilities with the School Board of Indian River County. This is an excellent way to partner together in providing recreational facilities for the taxpayers of Indian River County. I would like to also express the Board's support of opening up school recreational facilities to the public after school and during weekends. We understand that there may be security issues to be resolved, but we believe that making additional green space accessible will enhance the recreational opportunities for the community. We appreciate your consideration of this request. Sincerely, Peter D. O'Bryan Chair, Indian River County Board of County Commissioners 344 1(5A3 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: May 17, 2022 SUBJECT: Disposal of County Asset #20110, Fire Safety House It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board. DESCRIPTION: On March 6, 2001, the Emergency Services District received the donation of a mobile fire safety house from the Vero Beach Firefighters Association and the Vero Beach Volunteer Fire Department (Attachment #1). This trailer was used for many years for Fire Prevention Demonstrations and educational activities. For several years this trailer was stored at former Fire Station 7, located at 1215 82"d Avenue, which has been decommissioned. Former Fire Station 7 had fallen into disrepair and had numerous roof leaks and subsequently a severe mold & mildew issue throughout. During this time, the trailer was not used and also fell into disrepair, suffering from water and mold damage. In 2018, the Local IAFF were notified by the Director of Emergency Services of the intent to surplus the asset, due to them being one of the original organizations that initially purchased the trailer. The Local IAFF notified the District that they had no use for the asset at that time (Attachment #2). In early 2019, all the equipment was transferred out of former Fire Station 7 and demolition of the building soon followed. The "Fire Prevention Trailer" was moved out of the station and the Association was trying to determine if they wanted it transferred back to them (Attachment #3). Later in 2019, the trailer was sold by the Fair Association to Wayne Howard (Attachment #4) and then it was sold to Carlos Ayala (Attachment #5) in 2022. The Fair Association did not have the asset transferred from the County to them at the time of the sale. The Fair Association was one of the two parties that originally purchased the trailer and then it was transferred to the County for insurance purposes. It was the intent of the district to transfer the asset back to the original purchaser but this action never went to the Board for final disposition. At this time, staff would like to transfer the title to the Vero Beach Firefighters Association and remove asset #20110 from inventory. FUNDING: 345 There is no funding required for this item. RECOMMENDATION: Staff recommends the Board approve the transfer of title to the Vero Beach Firefighters Association and authorize removal of asset #20110 from inventory. ATTACHMENTS: 1. Agenda Item with Minutes from BCC Meeting Accepting Donation 2. Email Correspondence with Local 2201 3. Email Correspondence regarding location of asset 4. 2019 Bill of Sale 5. 2022 Bill of Sale 14,-17,- INDIAN 4,-1v INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Douglas M. Wright, Director Department of Emergency Services FROM: John King, Fire Chief Department of Emergency Services DATE: February 26, 2001 SUBJECT: Approval for District to Accept Title for a Fire Safety House Used to Train Children in Fire Safety Donated by the Vero Beach Firefighters Association and Vero Beach Volunteer Fire Department For public fire protection organizations, fire and life safety education is a key strategy for preventing incidents, injuries, and death. For America's children, playing with fire is probably one of the most under recognized problems facing the nation today. According to a 1997 publication by the National Fire Protection Association (NFPA), children playing with fire, typically matches or lighters, accounts for one of every ten fire deaths, and is the leading cause of preschooler fire deaths, accounting for more than one in three. The NFPA reports that one third of the children who died in fires last year set the fires that killed them. Nationally, arson is the number one crime committed by juveniles—who account for 56 percent of all arson arrests. In one form or another, fire and fife safety education has existed since at least the early 1900s. With rare exceptions, fire and life safety education activities were occasional and fragmented until the National Commission on Fire Prevention and Control delivered their nationwide study to President Nixon in 1973. When it was determined that young children were a high-risk group, public educators and fire service organizations assisted in the promotion of national fire safety programs. Over the years, the more notable programs include Learn Not to Burn and Slop, Drop, and Roll. School-based programs, where the fire department does all the teaching directly to the students in their classrooms or auditoriums, have been very popular in reaching children. Their success can be attributed to low costs, reaching the target group, and participatoryeducation lends itself to learning with younger audiences. In 1987, local off-duty firefighters spent several weeks building a Fire Safety House, so that the Fire Prevention Bureau would have an educational tool to take to the elementary schools to demonstrate fire safety in the home. Annually, this Fire Safety House is used by more than 2,500 kindergarten and first grade children, at nearly every local public and private elementary school. Programs are also presented to the Boy Scouts, Girl Scouts, and similar youth programs where young people must demonstrate acceptable fire safety knowledge to earn merit badges. Due to the limitations with the existing Fire Safety House, which is best suited for only the youngest learners, nearly 5,000 other elementary age children are not being reached for continued fire and life safety education. Because of its extended use and age, the Division's Fire Safety House is in need of replacement. Additionally, changes in the Florida Department of Transportation's regulations require special permitting to even tow this unit on the highway. Fiscal constraints have not allowed staff to replace this trailer with District funds, and attempts to secure grants or private funding has been unsuccessful. Recognizing the effectiveness and need for this fire safety education, the Vero Beach Firefighters Association and the Vero Beach Volunteer Fire Department have ordered a professionally built replacement Fire Safety House for the Fire Division, at a cost of S3 5,049. The two organizations had hoped to share one-third of the cost with a corporate sponsor, but have been unsuccessful as of this date. A small sponsor panel will be placed on the side of the unit, recognizing the contributors. These two organizations are requesting the District accept title to the Fire Safety House and for the Fire Division to assume responsibility for insurance, maintenance, and for providing a vehicle to safely tow the new trailer. They are also requesting that the trailer remain available for events drawing a large number of children, such as the annual county fair. The new Fire Safety House being purchased is specifically designed, among other things, to help children to make a mock 911 call by means of an internal telephone system so they know what is expected from them. It also affords educational tools to show older children how to test a smoke detector and practical kitchen safety. Equally important, this replacement Fire Safety House is fully accessible for the physically challenged, where the current trailer is not. Board approval and acceptance of the new Fire Safety House will allow staff to surplus the current one and transfer the insurance and maintenance costs to the new one. RECOMMENDATION: Staff respectfully recommends the Board accept title for the new Fire Safety House and authorize staff to surplus the existing unit. Staff will prepare supporting documents during budget preparation to replace the 1974 one -ton multi purpose truck that is used by the Division for a number of purposes, which will include towing the Fire Safety House. e47 ta ATTACHMENT: Surrey Fire Safety House Model 33HS 1 Brochure APPROVED FOR AGENDA FOR: March 6. 200001 James E. handler County Administrator moan Fu— Co. App—d Oat• Admin. if P F L.gait''�� 2-'a D.oc. Fi,k Mgr. O.n.ral 5-.. Purd�avng — V�? ' /49 SPORE 9 SA 1-1' I 'Q- 981 SINGLE LEVEL 33FT.HOIIESTYLE 1IODEL `O.3311Sl Willi irz Uzi, u�U -fog THIS SINGLE LEVEL UNIT IS FINISHED WITH DURABLE VINAL SIDING AND ROOF SHAKES TO GIVE A HOME LIKE APPEARANCE. IT ALSO HAS RESIDEN- TIAL WINDOWS AND DOORS AND IS ADA COMPLIANT AND HANDICAP AC- CESSIBLE. THAT MAKE THIS CLASS- ROOM AVAILABLE TO MOST STUDENTS. STAND UP HEAD HEIGHT AND NO STAIRS WILL MAKE THE 108 OF TRAINING SENIOR CITI7.F.NS FASIFR WHEEL CHAIR RAMP STOR- em:y^... € AGE AND EQUIPMENT STOR- AGE COMPARTMENTS ARE STANDARD FEATURES Run �'if:':r=.E2.`."(': )R C UMPART- `.IF:`."r"- v KEL(' 1 .IENER:\TOR SF - k !'I.RELi S"I"::RED %VHEN .`:'Yr I`• ; S! t -.I' I I )C ATED S:: I II A F 11.11 'A HEEL_ CHAIR !:SED L. • U.' A E —11011.g T_" Ma •3si. REAR ESCAPE LADDER q - - CHAIN p' TYPE R( )( )11)" UL .ASSRI X )1I `.I -k!,L a(."C L A,�`r 1 + I LL Y II_ L A I'LL) !:ITUI I!.`. I: I'k! i1CRF Ii i '•.Rr",F %I 1`. Ti E ','FP Ti I F 1 iEi; P! :t i r' PR !"l. V( 17 PRI'. - SE %T \TI NC T'. n2F.: TM. , )w D., CnNTRC)!. RMT! I riill'LL BA'i %kIND W [N KITC1II:N a KE:SID NIIAL WIN1X)WSAN1)1XX)KS VINYL. SIDING AND SILAKFS rV '.1l: \liT, I LLNDICAP ACCESSIBLE 3H E ALUMINI)M WHEEL CHAIR RAMS' WI IEELCI LAIR RAMP STOkA(.)I: C'OMI'ARTMFNT !.ARGI: O!ITSEDI: STORAGI-: COaYART%'ff: rr COMI'1.(: I: SMOKESYSTEM ('LUNIBIN(i .,MUKE: ,MACIEINF. AND H.UID MICI?OWAVT-- OVFN "F:NERA!"n!; STOR CE CO*APART*. EN! ENE)I":PEiNDEN•l SUSPENSION 521)0 Li; i.. n I.U(i I I!•.AVY I)11 I Y WIIEE:LS ANI) ISRAKI x IN DOUBLE TIri31: 1-ItA.,W: El_,.N L *AOI \rrF.LDs"rABILL'_ERJACKS POWER TONGUE JACK WITEI I I(X)KUI' i.iUi i E S KE:AR 1:SCAI'E L11)ULR '+I I OR .ANY NUMBER PHONE SYS EI M OI!TSQ)E!,IEC)h'f JACK E LASE IING PORC'I 11.101 IT 1-1JRNACL ANI) CTAS SYS EEM ! I rt`rRICA1.I.Y I rT:.ATL•D D(W)R 17 350 4 SURREY FIRE SAFETY HOUSE 33 FT. I LEVEL "HOME STYLE" SPECIFICATION SHEET LENGTH: 33'6" WIDTH: 810" GVW: 7,130= GVWR: 10,4009 HEIGHT: 10'10" Interior Ht.: 78" HITCH WT.: 880 AXLE WT.: 6.450= ADA Compliant: All units are handicap accessible. FRAME & SIDEWALL CONSTRUCTION FRANIE 2X8 high strength Bullmoose double tube steel rails. Welded battery rack on tongue with a steel tube 4x4 rear bumper with aluminum cover and standard safety chains. Rear skid bars for additional protection SIDEWALL CONSTRUCTION 2x3 members 16" on center with 'z" black board sheathings construction Studs are bonded to 5 =1 plywood paneling for high strength and light wenuht. ABS fenders with ggalvanized wheel pans. Hand cut fiberuiass insulation in side-walls with a R u rating. EXTERIOR The exterior of the house is a,-adable in white standard house �,invl sidmL, with simulated crdar shake siding at upper areas of front and sides AXLES AND BRAKES Unit shall have tandem 4" drop axles :?00= each with equalized suspension. The axles are rubber torsion construction eliminating the nsk of broken springs and worn parts to replace. This suspension offers a superior ride and reduced maintenance. 4 wheel 10 - electric brakes will be utilized mf,-, b% Ha%es or equal A brake away sw-itch will be attached to the frame as an emergency stop. in the unlikeh .%ent of unit separation. TIRES AND WHEELS P335 75 R i 5 ST trailer tires on hea,,y dun st, led k%hite 6 ling wheeis and center cues ROOF _ A 1 piece rubber roof is prodded bonded to ph -wood underlayment Tapered 2 x roof trusses provide a crown to the roof --liminatingg puddling ;roof vents are in place. FLOOR The floor is constructed of 5.3" exterior grade tongue & _*roove plywood on 'x -t support members 12" on center Living room. bedroom and stairs are fully carpeted with a ' •" foam pad Kitchen and control room as well as the storage compartments ha%e a fully insulated floor with heavN_ dun ,in -,I under belly for maximum weather shielding at a minimal wvett1hi. L[GHTS-[NTERIOR 12 volt lights shall be as follows with a total of 25 lights tsome have ? lights in one fixture) Bedroom -6. Stairs -3. Storage compartment -I. Bay window -l. Control room -2 . Kitchen -5. Living_ room -6. (inc. _2 over elec. fireplace) LIGHTS -EXTERIOR '_ porch lights. I on door side and one on rear. The lights are 110 volt fixture with the abilin- to flash a distress signal to responding assistance. A light fixture is provided in the top of the _generator storage compartment. Standard ICC [fights are in place as required. ? hook up lights are on the power tongue hack. A 12 volt power source with an on/offswitch is prewired to the roof for a strobe or rotator. The wall switcl will be located in the control room. (4) lights are at steps. W NDOWS All windows are heat treated safety glass. A 54x40 bay window in the front with 3 panels and mini blinds on each, highlights the window treatment. Shutters are provided on all side and front windows. A single hung 36"x 36" control room picture window with screen and mini blind is provided. Living room and bedroom windows are single hung, vinyl covered, with insulated glass. Curtains, with tie backs. valances and mini blinds with the exception of the 40"x 45" sliding window leading= onto the escape ladder. The balance of windows are vinyl residential type. FIREPLACE An electric fireplace with crackling sounds will be located in the living= room_ It will have a screen and simulated brick tate. A top mantel and two wall lights add to the warm home feel of the liv[n_u room. An on/off switch will be wall mounted next to the fireplace. REAR LADDER: A commercially available chain escape ladder shall be bolted securel% at upper and lower deck for escape simulation. The ladder will be mounted in a manner that allows shoe clearance ben�een sidin_, and chain ladder..- non-skid surface kill be installed on treads. KITCHEN The kitchen shall be equipped with a functional = burner stove with o%en The sto%e will be equipped with a shut off vale to the _*as supple line. A city x%ater hook up is pro,,[ded to alloy use of stainless steel sink. A functional microwa%e oven will be provided as well as a piace for a refrrgerawr iwith 4 power outlets. An exhaust tan and 'hood with light will also be provided. Upper and lo%%er cabinets are in place. There are t,,%o carpeted benches pro\ided. The front wall of the unit has a ba\ %\indtm %\ith mini blinds that allows a lot of natural GLiht. SMOKE MACHINE AND FLUID Smoke machine and I case of eater base smoke fluid is standard CONTROL ROOM A control room will be pro%[ded allowing_ control of many educational functions A hands tree 131 1 phone system for 91 1 [raining On oft s% itch for 1 10' volt smoke alarms An on oft switch for bedroom electricall\ heated door shall be in the control room. ABS smoke ducunu system R schedule 40) with control valves allowing- room selection as t%eil as an operating location and outlet for eater base smoke machine A smoke ready light in the control room will be controlled by the training officer in the bedroom. The control room will have a 43" counter with storage cabinets and a 48" x 12" x5" cushion on a bench for the control room operator. A 3'.x3' s[ngle hung, window with screen and mini blind. Obsernauon ports in bedroom 3 Ii%im_ room GENERATOR STORAGE A generator compartment is provided to store and transport a generator. It is located so that the wheel chair ramp can be used to load and unload generator TV CABINET A TV cabinet and slide-out shelf is provided on the curb side of the trailer DOORS-OUTSIDE. A 36"x 75" out swinging residential door is provided on the curbside A 7"x55" door with key luck will be on left side for handicap ramp storage compartment as %yell as a -;t)"x I I" door with key lock for under stairwell storage access. COOLING. HEATING AND VENTILATION The unit will include a- 13,500BTU air conditioner with ducting to bedroom, living room and kitchen. Heat will be provided by a 35,000 BTU Atwood =8500 forced air furnace ducted throughout. 3 power roof vents. I in kitchen and ? in bedroom shall be installed to aid in removing non toxic smoke as well as help hold the smoke to the ceiling during training. BEDRO0y1 The bedroom shall be on the main floor. 1t will be fully carpeted with foam pad. curtains with tie backs valances and mini blinds on the single hunt windows. A bed with vinyl covered mattress. bedspread and pillow sham. A carpeted bench is included. Exhaust fans shall be roof mounted with an onioffswitch control. allowing the instructor to monitor smoke removal. A smoke on signal in the control room can be activated by the instructor in the bedroom A sliding window in the rear of the unit will allow access to rear escape ladder An electrically heated door is used to simulate fire on the opposite side. ELECTRICAL -1 10 VOLT A 30 amp power supply cord shall be prodded for 1 10 volt AC power needs. with an independent po%%er supply cord for the air conditioner All wall receptacles are functional Ground fault receptacles are in the kitchen as well as both outside outlets. Po"er is supplied through circuit breakers in'_ panels. One panni i - built into a -50 amp DC pox, er converter, the second is a 20 amp breaker for the air conditioner ELECTRICAL -12 VOLT 12 yolt power for the unit is provided by a _50 amp ma_netek power converter. The converter %\ill supple all 12 volt needs of the unit when plu_=ged in. The unit will ha\e a deep cycle battery and box to supple 12 \,olt po\\,er on short term x%hen not plugged in y I i PHONE A wall phone will be located in the livinu room allo«tng a child to experience dialing yl 1 or any number and reaching (control room) a Fire fighter or dispatcher The s%steiri is hands free for the control room operator An external phone lack will be located on the door side of the unit_ allowing y 11 training from outside the unit or to demonstrate the need to exit the home in a lire situation and call room a newhbor HITCH JACK A high torque 1' volt power tongue lack manufactured b,., H&H Engineering will be in place. The unit will have manual back up capability as well as ' hookup lights STABILIZER JACK 4 Liftco crank down stabilizerjacks shall be frame mounted These hacks will stabilize the unit and eliminate suspension travel while occupied. OUTLETS Control room Kitchen--] Livin_= room -3 Bedroom --t Outside-'_ Under stairs in storaue-I LiVING ROOM Windows have curtains with tie backs. valances and mini blinds. Electric fireplace with onoff switch. Carpeted benches. Lights above mantel Wall mounted telephone. ?:3 - SURREYEQliIPITENT FOR 33HS1 UNIT EIRE SAFETY HOUSE BASE UMT (33HS 1) 524,995.00 Smoke Machine, heated door, plastic lumber, compartment for generator, ramp. air conditioning, 2 Fawning, TV cabinet, 911 phone system all included in the base price. Severe weather training package 4000 00 Generator ( Can be rear mounted in dedicated compartment) ylodel 4500EX 1 l Ihp)electnc start ?yqy oo Honda 3500 Watt Power Plant (72db) �v(odel ENI : i0o ,puu ;),) Small .apt. Size Refrigerator 110 Volt Water Tank And Pump 30o Ui) Gra.- Water Tank 13'01)() Black \shite monitor %v3 cameras ( includes \\innu, 13,0 t)ti PA ;\stem %%ith external speaker i includes \\inng` T\,' Camera \,i, iring + No Camera i PA S%stem %A,irin_+ lu" color TV t;'CR unit .-additional aluminum ramp Strobe light i Runt :a,lounied i -air conditioning upgrade 1 `.(I0O BTL- iadds ` zoo --r 1! he:,,. t. Spare tire oo_ Hex. % glutx rear skid \\ heels i , ,j i Heated door knob ;,i 1111 Thermome,er tt)r heated dour Prep Charge i mandator., Deii\er. Si ii) per mile Per ioaded mile Paper initiation r' --L- it _` bid 'bonds. performance �rmd�.•.�r,i. • �+;ii ;,; CSA Charge i Canada ()nl\ + Heat pump and air conditioning upgrade 1-T D package i fiberglass siding upgrade: qtr r? u:'dG be: /— _ l i •., i ri g room t -.i 4; Siidinrd heated auts:oe escape door r" window czbinc! //35'3 SEVERE WEATHER TRA11YM6 As a safety educator you have a new tool to work with!! The Surrey Fire Safety House with the (SEVERE WEATHER TRAINING). With Surrey you have all of the standard fire safety education plus you can teach children and adults to recognize severe weather warnings, and what steps should be taken to stay safe when severe weather threatens The Severe Weather option allows the children to learn and then experience a severe weather simulation. A hands on experience is the best teacher!! Personnel from the National Weather Service that have experienced this simulation said " This experience is very impressive, extremely realistic and very accurate". The Safety House will have a tvfvcr secured to the top of a brick faced fire place in the living room. A commercially developed tv program about severe weather is on a tape. The kids are watching a tv show explaining what to do if they are in school or even at a baseball or soccer game. Then just as in the real world the A, station interrupts programming to issue special weather statements For example, a tornado warning. A surround sound unit reproduces the sound of rain, wind and thunder. This adds tremendous realism to the training exercise. There are close outs over the windows to eliminate bright sunlight outside not matching the atmosphere created by a severe storm Strobe lights are mounted behind the window valances and are automatically activated by specific thunder tones, adding to the realism A tornado siren is heard, sounding to be a few blocks away. This is followed by a rtiational Weather Service alert complete with alert tone and a generic location for the approaching tornado. To add to the realism a large sub woofer is built into the fireplace and will allow the children to feel the deep vibration of the low tone thunder. We even give you the ability to cause a power failure with the tv shutting down and all lights in the room go off. There is a emergency light that comes on. As the tornado approaches, the sound level of the storm can be increased with the use of a mixer board As the tornado passes the sound of the wind is loud enough to drown out the thunder. When the storm moves past the sound can be reduced and soon you hear birds chirping, dog barking and the sound of thunder rolls off into the distance, as the relative quiet of the post storm world is achieved End of storm!! The weather service alerts can be selected from several choices of alerts. We even have separate storms, one with a tornado siren and the same storm with out the tornado siren. The children have heard and seen the severe weather alerts, and now recognize what they mean. They have lived through the storm by taking appropriate actions and they are safe! Dec 15 00 10:52P SURREY Fire SaLee& House TOWING PACK4 GE INFOR-41ATION Minimum Tow Vehicle Suggestions (Pickup) Chevv Ill Ton Whow Pkg. Automatic 350 cu.in. VB 373-1 Rear Ford 1/2 Ton W/tow Pkg. Automatic 351 cu. in V%8 355-1 Rear Dodge 1l2 Ton W/tow Pkg. Automatic 318 cmin. V18.7S5-I Rear Preferred Tow Vehicle Suggestions Ch -,,v 314 Ton w1taw Pkg. Automatic 3.50 cu. in V%8 373-1 Rear Ford 314 Ton w/tow Pk; Automatic 351 cu.in. i %8 3.53-1 Rear Dodge 3/4 Ton whow Pka Automatic 360 cu.in. V/8355-1 rear Towing Equipment .411 part number are Draw -Tito tutmbers Receiver # (tinder tow vehicle) Cltevv/G:L1C Pickup 88-96 #75033 J 'an 78-95 #75121 J -an 96 775066 Suburban 92-96 #75037 Ford Pickup 80-96 #75038 97 9415?0 Van 95-96 #75040 Dodge Pickup 94-96 #75052 Van 94-96 #75047 Hitch Equipment (Not permanent on tow vehicle) #3603 1,000 lb. weight &srributina hitch, adjustable head #3210 Ball Mount Shank #2151 2 5/16" Ball #3400 Sway bar Electric brake control installed in tow vehicle is required Wire tow unit to standard RVBaraman 7 way code p.I SURREY ADDITIONAL EQUIPMENT FOR MODEL # 33HS1 Fire Safety House Base Unit $24,995 Severe weather training package $ 4,000 Generator Model 4500EX (11 hp) electric start $ 2,999 Refrigerator 110 volt $ 225 Water tank and pump $ 300 Grey water tank $ 130 PA system with external speakers $ 450 TV camera wiring $ 105 Air conditioning upgrade 15,000 BTU $ 175 Spare tire $ 140 Heated door knob $ 50 Thermometer for heated door $ 30 Prep charge $ 150 Delivery charge $1.10 per mile per loaded mile $ 1,300 Total $35,049 MOO Jan 16 01 10:18a U;." ".5" 75" 33HSlA 33HS1 359 March 6. 2001 EMERGENCY SERVICES DISTRICT The District Board of Commissioners of the Emergency Services District met at the County Commission Chambers. 1840 25' Street, Vero Beach. Florida, on Tuesday, March 6.2001. Present were Caroline D. Ginn, Chairman; Ruth Stanbridge. Vice Chairman; Fran B. Adams. and John W. Tippin. Kenneth R. Macht was out of town on County business. Also present were James Chandler, County Administrator: Deputy County Attorney Will Collins. and Patricia Ridgely, Deputy Clerk. Paul G. Bangel, County Attorney, was out of town on County business. Chairman Ginn called the meeting to order at 2:20 p.m. 14.A.1. APPROVAL OF MINUTES - FEBRUARY 13, 2001 The Chairman asked if there were any corrections or additions to the Minutes of the Meeting of February 13, 2001. There were none. ON MOTION by Vice Chairman Stanbridge, SECONDED BY Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht absent) approved the Minutes of the Meeting of February 13, 2001 as written and distributed. March 6, 2001 E.S.D. 359 14.A.2. ACCEPT TITLE TO A SURREY FIRE SAFETY HOUSE TO TRAIN CHILDREN IN FIRE SAFETY - DONATED BY VERO BEACH FIREFIGHTERS ASSOCIATION AND VERO BEACH VOLUNTEER FIRE DEPARTMENT The Board reviewed a Memorandum of February 26, 2001: TO: Honorable Emergency Services District Board of Commissioners THROUGH: Douglas M. Wright, Director Department of Emergency Semces FROM: John King, Fire Chief Department of Emergency Services DATE: February 26, 2001 SUBJECT: Approval for District to Accept Title for a Fire Safety House Used to Train Children in Fire Safety Donated by the Vero Beach Firefighters Association and Vero Beach Volunteer Fire Department For public fire protection organizations, fire and life safety education is a key strategy for preventing incidents, injuries, and death. For America's children, playing with fire is probably one of the most under recognized problems facing the nation today. According to a 1997 publication by the National Fire Protection Association (NFPA), children playing with fire, typically matches or lighters. accounts for one of every ten fire deaths: and is the leading cause of preschooler fire deaths, accounting for more than one in three. The NFPA reports that one third of the children who died in fires last year set the fires that killed them. Nationally, arson is the number one crime committed by juveniles—who account for 56 percent of all arson arrests. In one form or another, fire and life safety education has existed since at least the early 1900s With rare exceptions, fire and life safety education activities were occasional and fragmented until the National Commission on Fire Prevention and Control delivered their nationwide study to President Nixon in 1973. When it was determined that young children were a high-risk group, public educators and fire service organizations assisted in the promotion of national fire safety programs Over the nears, the more notable programs include Learn Not to Burn and Stop, Drop, and Roll School-based programs, where the fire department does all the teaching directly to the students in their classrooms or auditoriums, have been very popular in reaching children Their success can be attributed to low costs, reaching the target group, and participatory education ]ends itself to learrung with younger audiences. March 6, 2001 E.S.D. I In 1987, local off-duty firefighters spent several weeks building a Fire Safety House, so that the Fire Prevention Bureau would have an educational tool to take to the elementary schools to demonstrate fire safety in the home Annually, this Fire Safety House is used by more than 2,500 kindergarten and first grade children, at nearly every local public and private elementary school. Programs are also presented to the Boy Scouts, Girl Scouts, and similar youth programs where young people must demonstrate acceptable fire safety knowledge to earn merit badges. Due to the limitations with the existing Fire Safety House, which is best suited for only the youngest learners, nearly 5,000 other elementary age children are not being reached for continued fire and life safety education, Because of its extended use and age, the Division's Fire Safety House is in need of replacement. Additionally, chances in the Florida Department of Transportation's regulations require special permitting to even tow this unit on the highway. Fiscal constraints have not allowed staff to replace this trailer with District funds, and attempts to secure grants or private funding has been unsuccessful. Recognizing the effectiveness and need for this fire safety education, the Vero Beach Firefighters Association and the Vero Beach Volunteer Fire Department have ordered a professionally built replacement Fire Safety House for the Fire Division, at a cost of 535,049. The two organizations had hoped to share one-third of the cost with a corporate sponsor, but have been unsuccessful as of this date. A small sponsor panel will be placed on the side of the unit, recognizing the contributors. These two omanizations are requesting the District accept title to the Fire Safety House and for the Fire Division to assume responsibility for insurance, maintenance, and for providing a vehicle to safely tow the new trailer. They are also requesting that the trailer remain available for events drawing a larue number of children, such as the annual county fair_ The new Fire Safety House being purchased is specifically designed, among other things, to help children to make a mock 911 call by means of an internal telephone system so they know what is expected from them. It also affords educational tools to show older children how to test a smoke detector and practical kitchen safety. Equally important, this replacement Fire Safety House is fully accessible for the physically challenged, where the current trailer is not. Board approval and acceptance of the new Fire Safety House wil allow staff to surplus the current one and transfer the insurance and maintenance costs to the new one RECOMMENDATION: Staff respectfully recommends the Board accept title for the new Fire Safety House and authorize staff to surplus the existing unit. Staff will prepare supporting documents during budget preparation to replace the 1974 one -ton multi purpose truck that is used by the Division for a number of purposes, which will include towing the Fire Safety House. ATTACHMENT: Surrey Fire Safety House Model 33HS 1 Brochure March 6, 2001 E.S.D. 361 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Raeanne Borgia, Fixed Assets Clerk of Court FROM: John King, Fire Chief Department of Emergcy Services DATE: September 27, 2001 SUBJECT: Fire Safety House Please find attached a letter from the Vero Beach Firefighters Association presenting ownership of a new Fire Safety House to the Fire Division. Fleet Manager Mike Owens is generating a Fleet Number so that you can assign a Fixed Assets Number. I am respectfully requesting your assistance to quickly recognizing this donation as County property so that I can use this unit for Fire Prevention activities scheduled with the elementary schools in October. I apologize in advance for the short notice, but I just received the enclosures. You will also note that the Certificate of Title is from Ohio and Jerry in Purchasing will transfer the title to Florida once you assign an asset number. Please call me if you have any questions. 362 Vero Beach Firefighters Association, Inc, September 20, 2001 John King, Fire Chief Indian River County Department of Emergency Services, Fire Division 1500 Old Dixie Highway Vero Beach, FL 32960 Dear Chief King, The Vero Beach Firefighters Association is committed to educating our community about fire and home safety. To show our commitment, we have purchased a Fire Safety House for the Indian River County Fire Division. In the February 13, 2001 Board of County Commissioners meeting minutes, it was approved that Indian River County would take ownership, insure, maintain, and purchase a vehicle to tow this Safety House. It is understood that the purpose of this Safety House is to provide home and fire safety education to all age groups of citizens in our community with our primary focus on public and private school children. The Vero Beach Firefighters Association and the Vero Beach Volunteer Fire Department are to two main sponsors of this equipment. It is agreed that both organizations may use the Safety House at public events, including, but not limited to, the Indian River County Fair, Vero Beach Volunteer Fish Fry or any event where fire and life safety education to the public is warranted. Thank you for your cooperation in this fire safety matter. Sincerely, Sandra Seeley v Secretary CC: Board of County Commissioners County Administrator 1818 COMMERCE AVENUE, VERO BEACH, FL 32960 (407) 562-2974 • FAX (407) 778-2646 363 !71 ............. J 7 - DO NOT ACCEPT TITLE SHOWING ANY ERASURES, ALTERATIONS OR MUTILATIONS. 364 O "ENS Yq., STATE OF OHIO No. Q 0012 2541 :-.ORIGINAL !l:S IrFOMCAI MV- -I ni F iF9EF33281f'r)2i 36 SURR_ SUIRRey 0RV-WEFF7j" V_L Y T YF=. M QK) R -Z cp WOE. D.=a A"BON SAFETY HORSE" 34,970.00 .Ti HSI v cz EvRIFT lALSX-S ?"IDE?nz NR NO ODOt-,l GH MICO IN STATE, !71 ............. J 7 - DO NOT ACCEPT TITLE SHOWING ANY ERASURES, ALTERATIONS OR MUTILATIONS. 364 O Asset Write Up Sheet Asset No. Seq. # Location #/Name Dept. Function Class Type 40-// � ) �J2 J MI Cf" /30 Source Value Vendor Vendor# Asset Value Fleet Fleet # C.O. Code Add Date -1 C ✓ ? / Asset Cost Condition Active/Inactive Acquisition Date e Ins. Class Code Ins. Value Maint. Code Rec Code Asset Description Method Acquired (comment) Serial No. Manufacturer Yr. of Mfg. Warrant Date AJ/War. No. P.O. # Account Number Charged Depreciation Info: Months Start Date Prior Months 365 Tad Stone From: kevin Delashmutt Sent: Wednesday, November 14, 2018 10:01 PM To: Tad Stone Cc: John O'Connor, RICHARD RIDGE; Kevin Yelvington; Sean Gibbons; Joseph Johnson Subject: Re: Old Fire Prevention Education Trailer. Chief Stone. On behalf of President O'Connor, we would like to disclaim interest in the Fire Prevention Trailer. The best course would be for Indian River County Fire Rescue to send it through the surplus process. Thank you sir. Kevin Delashmutt Vice -President On Nov 14, 2018, at 1:40 PM, Tad Stone <tstone@ircRov.com> wrote: Good afternoon all, It is my understanding that the Local, County and some other group many years ago purchased a Fire Prevention trailer for public education. I can only guess that this was purchased sometime in the 1980s or 1990s. This trailer is currently sitting at old Station 7 and it has not turned a wheel in my tenure with this department. It is my intent to declare it as surplus because it has a County asset tag on it. Because the Local was one of the co -purchasers of this trailer and if you would like to have ownership of this unit transferred to you, I would ask the BCC for this transfer. Please let me know your wishes and if you would like to receive this unit. Thank you, T. E. Stone Department of Emergency Services Indian River County, FL 366 David Rattray From: Tad Stone Sent: Wednesday, May 11, 2022 12:31 PM To: David Johnson Cc: David Rattray Subject: FW: Station 7 (1200 82nd Ave) FP&L Disconnect Follow Up Flag: Flag for follow up Flag Status: Flagged From: Roger E. Dion Jr. Sent: Thursday, January 10, 2019 10:58 PM To: Sean Gibbons <sgibbons@ircgov.com>; Kevin Yelvington <kyelvington@ircgov.com> Cc: Jennifer Pridgeon <jpridgeon@ircgov.com>; Tad Stone <tstone@ircgov.com> Subject: Station 7 (1200 82nd Ave) FP&L Disconnect Good morning, As we move forward with the demolition process with old station 7 at 1200 82nd Avenue, can we please get FP&L to pull the meter and disconnect the power drop from the pole. I was there on Thursday and there is power to the meter. Please see below a list of items that are in the station/bays that will need to be addressed before demolition. • The Fire Prevention trailer will be removed by this weekend, the association is going to store it until such a time the determine what they will do with it. • There are 7 old jaws power units in the bays, the asset numbers were recorded and checked against the asset list. There was one unit that was located on the active asset list dated 10/2018, please see below the information on the said unit. *Active Asset #: 10977 - 1989 Hurst 4 cycle power unit • Inside the station there were S sets of mattresses and box springs, a couch, filing cabinet and stove. Not sure what the requirements are of what can and cannot be left inside. • There were a few old wooden cabinets in the stalls that in my opinion can be demolished with the station. • There is a Spartan stainless steel cleaning chemical dispensing unit on the wall we could probably remove for future use. • The old generator from station 10 is also in the bay that will need to be removed. • There are also several hurricane panels that can be scrapped. 367 David Rattray From: Tad Stone Sent: Wednesday, May 11, 2022 12:31 PM To: David Johnson Cc: David Rattray Subject: FW: Fire Prevention Smoke House Follow Up Flag: Flag for follow up Flag Status: Flagged FYI From: Roger E. Dion Jr. Sent: Sunday, January 13, 2019 9:07 PM To: David Kiernan <dkiernan@ircgov.com>; Jamie Coleman <JColeman@ircgov.com>; Joe Kovaleski <JKovaleski@ircgov.com>; Kyle Kofke <KKofke@ircgov.com>; Lonn Benham <LBenham@ircgov.com>; Roger E. Dion Jr. <RDion@ircgov.com> Cc: Sean Gibbons <sgibbons@ircgov.com>; Kevin Yelvington <kyelvington@ircgov.com>; Tad Stone <tstone@ircgov.com> Subject: Fire Prevention Smoke House Good morning, The Association has removed Fire Prevention Smoke House that was being stored inside the stalls at old station 7. They are storing the trailer elsewhere until they decide what they will do with it. Thank you, Roger E. Dion, Battalion Chief Indian River County Fire Rescue Rdion@ircgov.com Office 772.226.1135 Cell 772.473.4513 7 r 368 f I U a o L .o .o t) T cJ 0 O� m G t 0 o ¢�CWA 0 Qzw wwo �Qw azo Q2v cz�7w� QQz G U ccs o cr C ¢ U cn U 3 L .o .o t) T cJ 0 O� m G t 0 o ¢�CWA 0 Qzw wwo �Qw azo Q2v cz�7w� QQz G U ccs Bill of Sale r/&� fSa this " day of 20 a bil t of saSa is made between �` , ('Stlkrl an cl /g l 1 °"'' M-yerl. ThwSellarberabygram; trarrferorsale ofthe folbwving roods: { apF-,U/ 4—s /S /✓O L(�� to th! Selkr in amobartta for - eIFS Ct - is the amoamt of 3 00 O The Saikr4 si;rmtum bebw areifies that he is the laviui ovnierof the roods listed eb—' and the sell; has t6a right to -n the soots as ke/shso600ses. Afb@resab"e Of payment, the BLtyar renders hall right; and otaaashiD of the goods licmd aloe. --`Iaara $etlar 2-4-2-2 Data L�Signa&aze of Bvyec Dots ese�ersa�� •r�.rw�w�mn �trwair�rwe�me �w�.j�leN:o.ls 370 168 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 25, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Site Access Agreement with Indian River Sustainability Center Descriptions and Conditions: On July 13, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved the Wastewater Treatment Agreement between SWDD and Indian River Sustainability Center, LLC (IRSC), which consists of Heartland Water Technology, Inc. (Heartland); Proximo Energy (Proximo); and Indian River Eco District, LLC (IRED). This agreement is for the design, construction, and operation of a 30,000 gallon per day evaporation plant to treat the landfill leachate on-site rather than sending it to the IRC West Regional Wastewater Treatment Plant (WRWWTP). On December 14, 2021, the SWDD Board approved Amendment No. 1 to the Wastewater Treatment Agreement related to the division of responsibilities and a credit to SWDD. As part of the original Agreement, SWDD agreed to provide an easement and access to the evaporation plant site during the term of the agreement. As part of the financing process undertaken by IRSC, the attached Site Access Agreement along with the associated legal sketches and easement descriptions, has been negotiated with IRSC for SWDD Board approval. Analysis: Both SWDD staff and IRSC agree to formalize the Site Access Agreement with the primary summary below: From and after the effective date, and continuing until the earlier of the termination of the Treatment Agreement but not later than twenty (20) years from the commercial operation date of the project as defined in the treatment agreement, SWDD grants to operator the right to access and to conduct all activities necessary to perform its obligations and to enjoy any rights it may have under the treatment agreement, including but not limited to the operation, maintenance, service, repair, and removal of the project in accordance with the terms and provisions of the treatment agreement, including, without limitation, access from 6:OOAM to 6:OOPM daily and off -hours with adherence to SWDD's site access protocols. Staff recommends approval of the Site Access Agreement. SWDD Agenda - Site Access Agreement with Indian River Sustainability Center Page 37ft SWDD Item Funding: There is no funding associated with the granting of the Site Access Agreement. Recommendation: Solid Waste Disposal District (SWDD) staff recommends that the Board: a) Approve the Site Access Agreement between SWDD and Indian River Sustainability Center, LLC. b) Authorize the Chairman to execute the same, as presented. c) Authorize the County Attorney's Office to record the executed Easement. Attachment (s): Site Access Agreement SWDD Agenda - Site Access Agreement with Indian River Sustainability Center Page 3R2 Prepared by and after recording return to: STATE OF FLORIDA COUNTY OF INDIAN RIVER THIS SITE ACCESS AGREEMENT ("Access Agreement") is made effective as of the day of , 2022 (the "Effective Date"), by and between INDIAN RIVER SUSTAINABILITY CENTER, LLC ("Operator'), and INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a special dependent district of Indian River County, Florida ("District'). Operator and District are referred to herein collectively as the "Parties" and individually as a "FIrty." RECITALS WHEREAS, Operator and District entered into that certain Wastewater Treatment Agreement, dated as of July 13, 2021 (as such may be further amended or assigned from time -to -time, collectively, the "Treatment Agreement"), pursuant to which Operator is authorized to install, operate, maintain, repair, replace and remove a 30,000 gallons -per -day wastewater evaporation plant featuring a Type 3 LM -HT® Heartland Concentratofrm System (collectively, the "Project') located on certain real property, improvements and appurtenances as more particularly described on Exhibit "A" attached hereto and by reference incorporated herein (the "Premises"). WHEREAS, pursuant to the terms of the Treatment Agreement, the Operator will process (by evaporation) the District's wastewater at the Project for the term of the Treatment Agreement, provided that the District provides sufficient quantities of wastewater and other required inputs as required in the Treatment Agreement, which items include, without limitation, access to the Premises. WHEREAS, District desires to grant access to the Premises to Operator in order to allow Operator to perform its duties and obligations under the Treatment Agreement. NOW, THEREFORE, in consideration of good and valuable considerations, including, without limitation, and where applicable, each Party's respective duties and obligations under the Treatment Agreement, the Parties agree as follows: 1. Grant and Term. From and after the Effective Date, and continuing until the earlier of the termination of the Treatment Agreement but not later than twenty (20) years from the Commercial Operation Date of the Project as defined in the Treatment Agreement, District grants to Operator the right to access and to conduct all activities 373 necessary to perform its obligations and to enjoy any rights it may have under the Treatment Agreement, including but not limited to the operation, maintenance, service, repair and removal of the Project in accordance with the terms and provisions of the Treatment Agreement, including, without limitation, access from 6:OOAM to 6:OOPM daily and off -hours with adherence to the District's site access protocols. 2. Consideration. In consideration of the right to access and use the Premises, Operator shall pay to the District the sum of $1.00. 3. Indemnification. In addition to any other obligations that Operator has under the Treatment Agreement, Operator hereby agrees to protect, indemnify, defend and hold harmless District, along with its employees, tenants, invitees, contractors, lenders and agents from any and all claims, losses, damages, expenses, liabilities, demands and causes of action arising from, caused by, related to or involving (i) the entry onto or use of the Premises by Operator, or by the Operator's contractors, agents and/or consultants ("Operator's Consultants"), including, but not limited to, performance of construction or maintenance work relating to the Project, or (ii) any acts, omissions or negligence of Operator or Operator's Consultants. 4. No Modification. Nothing herein shall be deemed to modify or amend the terms and provisions of the Treatment Agreement or limit any party's duties, obligations, rights and interests thereunder. 5. Assi ng ment. The District shall not assign any of its rights or obligations hereunder without the prior written consent of the Operator. The Operator may assign (including any collateral assignment) any of its rights and obligations hereunder to any lender providing financing for the benefit of the Operator. 6. Severability. If any provision of this Access Agreement is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Access Agreement shall not be affected or impaired thereby and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provision with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provision. The invalidity of a provision of this Access Agreement in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 7. Counterparts. This Access Agreement may be executed by the Parties and transmitted electronically or by facsimile in as many counterparts as the Parties may deem necessary and convenient, and all such counterparts taken together shall constitute but one and the same instrument. 8. Entire Agreement. This Access Agreement contains the entire understanding and agreement of the Parties with respect to its subject matter, and supersede any prior understandings or agreements, whether written, oral or otherwise. 9. Governing Law. This Access Agreement shall be governed by the laws of the State of Florida, without regard to the conflicts of law principles that would result in 2 4875-5716-9934, v. 2 374 the application of any law other than the law of the State of Florida. THE PARTIES HEREBY IRREVOCABLY SUBMIT TO THE NONEXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT IN FLORIDA WITH RESPECT TO ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS ACCESS AGREEMENT. EACH PARTY HERETO IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING RELATING TO A DISPUTE AND FOR ANY COUNTERCLAIM WITH RESPECT THERETO. [SEPARATE SIGNATURE PAGES ATTACHED] 4875-5716-9934, v.2 375 IN WITNESS WHEREOF, the Parties have caused this instrument to be executed as of the day and year first above written. ATTEST: Jeffrey R. Smith, Clerk By: Deputy Clerk APPROVED: By: Jason E. Brown County Administrator APPROVED AS TO LEGAL FORM AND SUFFICIENCY: By: Dylan Reingold County Attorney INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT M. Peter D. O'Bryan, Chairman District Approved: [Executions Continued on Following Page] Exhibit "A" 376 INDIAN RIVER SUSTAINABILITY CENTER, LLC WITNESSES: By: Heartland Water Technology, Inc., its Managing Member Name: Susan C. Portin Title: EVP, Business and Legal Affairs Date: APPROVED: By: Name: Alain Castro Title: Managing Partner, Proximo Energy Managing Partner, Indian River Eco District Date: Exhibit "A" 4875-5716-9934, v. 2 377 Exhibit "A" The "Premises" Exhibit "A" 4875-5716-9934, v.2 378 SKETCH AND DESCRIPTION LEASE PREMISE PARCEL VICINITYMAP NOT TO SCALE NOTES: 1. 1. BEARING SHOWN HEREON ARE BASED ON FOUND MONUMENTS FOR THE NORTH LINE OF TRACT 12 AND TRACT 11, AS MEASURED, BEARING SOUTH 89°41'37" EAST. 2. THIS SKETCH AND DESCRIPTION CONSISTS OF 3 SHEETS, AND EACH SHEET SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS ATTACHED TO EACH OTHER. 3. THIS SKETCH AND DESCRIPTION WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, NO INFORMATION REGARDING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WAS PROVIDED TO OR PURSUED BY THE UNDERSIGNED. ENCUMBRANCES OTHER THAN SHOWN HEREON MAY EXIST. THIS DOCUMENT IS SUBJECT TO PERTINENT EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY. ENCUMBRANCES OTHER THAN SHOWN HEREON MAY EXIST. 4. THIS SKETCH AND DESCRIPTION IS IN DRAFT FORM TO SUBMIT TO OBTAIN A TITLE REPORT AND/OR TITLE COMMITMENT ONLY. CARSON ENVIRONMENTAL CONSULTANTS, PC. WILL REVISE AND FINALIZE THIS SKETCH AND DESCRIPTION AFTER RECEIPT OF THE TITLE REPORT AND AFTER COMPLETION OF A PARTIAL BOUNDARY SURVEY OF THE OWNERS PARCEL. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION AND OTHER PERTINENT DATA SHOWN HEREON, OF THE ABOVE DESCRIBED PROPERTY, CONFORMS TO THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN RULES 5J-17.051 AND 5J-17.052, (FLORIDA ADMINISTRATIVE CODE) AS ADOPTED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES AND THAT SAID SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION FROM NOVEMBER 2021. DATE OF LAST FIELD WORK NOVEMBER 3, 2021. ,,.-��p5 ME,$S�N•�� Digitally signed by 6N 6559^' ',_. Nicholas Messina FIELDBOOK: IRC, PGS 1 - 3 X11\Jr., PSM p THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS MESSINA JR., PSM#6559. ON ';msi STATE Date. 2022.04.00 THE DATE ADJACENT TO THE SEAL. N THIS SURVEY MAP OR COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL 20:21:55-04'00, SEAL OR A UNIQUE ELECTRONIC SIGNATURE OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR NICHOLAS MESSINA JR., FOR THE FIRM AND MAPPER UNDER CHAPTER RULES 5J-17.061 & SJ -17.062 FLORIDA ADMINISTRATIVE CODE. FLORIDA PROFESSIONAL SURVEYOR AND MAPPER NO 6559 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE CARLSON ENVIRONMENTAL CONSULTANTS, PC SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. LICENSED BUSINESS NUMBER #8396 UPDATES and/or REVISIONS DATE I BY CK'D PROJECT: CARLSON ENVIRONMENTAL CONSULTANTS, PC LEASE PREMISE PARCEL FOR 305 SOUTH MAIN STREET(704)283-9765 INDIAN RIVER COUNTY LANDFILL MONROE, NORTH CAROLINA 26112 FAX 1704)283-9755 EVAPORATOR SITE CEC LB#8398 SCALE: V-60' PROJECTNO.: 208.04.11 rw DWG:/ ease -Revised CLIENT: DATE: 1, 2022 HEARTLAND WATER TECHNOLOGY WWW CECENV.COM SHEET NO.: 1 OF 3 13th STREET SW THIS PARCEL \1\ TRACT 12 TRACT 11 TRACT 10 TRACT j� SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST TRACT 13 TRACT 14 TRACT 15 TRACT 16 BASIS OF BEARING S 24 °5817" E 17th STREET SW — VICINITYMAP NOT TO SCALE NOTES: 1. 1. BEARING SHOWN HEREON ARE BASED ON FOUND MONUMENTS FOR THE NORTH LINE OF TRACT 12 AND TRACT 11, AS MEASURED, BEARING SOUTH 89°41'37" EAST. 2. THIS SKETCH AND DESCRIPTION CONSISTS OF 3 SHEETS, AND EACH SHEET SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS ATTACHED TO EACH OTHER. 3. THIS SKETCH AND DESCRIPTION WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, NO INFORMATION REGARDING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WAS PROVIDED TO OR PURSUED BY THE UNDERSIGNED. ENCUMBRANCES OTHER THAN SHOWN HEREON MAY EXIST. THIS DOCUMENT IS SUBJECT TO PERTINENT EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY. ENCUMBRANCES OTHER THAN SHOWN HEREON MAY EXIST. 4. THIS SKETCH AND DESCRIPTION IS IN DRAFT FORM TO SUBMIT TO OBTAIN A TITLE REPORT AND/OR TITLE COMMITMENT ONLY. CARSON ENVIRONMENTAL CONSULTANTS, PC. WILL REVISE AND FINALIZE THIS SKETCH AND DESCRIPTION AFTER RECEIPT OF THE TITLE REPORT AND AFTER COMPLETION OF A PARTIAL BOUNDARY SURVEY OF THE OWNERS PARCEL. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION AND OTHER PERTINENT DATA SHOWN HEREON, OF THE ABOVE DESCRIBED PROPERTY, CONFORMS TO THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN RULES 5J-17.051 AND 5J-17.052, (FLORIDA ADMINISTRATIVE CODE) AS ADOPTED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES AND THAT SAID SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION FROM NOVEMBER 2021. DATE OF LAST FIELD WORK NOVEMBER 3, 2021. ,,.-��p5 ME,$S�N•�� Digitally signed by 6N 6559^' ',_. Nicholas Messina FIELDBOOK: IRC, PGS 1 - 3 X11\Jr., PSM p THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS MESSINA JR., PSM#6559. ON ';msi STATE Date. 2022.04.00 THE DATE ADJACENT TO THE SEAL. N THIS SURVEY MAP OR COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL 20:21:55-04'00, SEAL OR A UNIQUE ELECTRONIC SIGNATURE OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR NICHOLAS MESSINA JR., FOR THE FIRM AND MAPPER UNDER CHAPTER RULES 5J-17.061 & SJ -17.062 FLORIDA ADMINISTRATIVE CODE. FLORIDA PROFESSIONAL SURVEYOR AND MAPPER NO 6559 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE CARLSON ENVIRONMENTAL CONSULTANTS, PC SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. LICENSED BUSINESS NUMBER #8396 UPDATES and/or REVISIONS DATE I BY CK'D PROJECT: CARLSON ENVIRONMENTAL CONSULTANTS, PC LEASE PREMISE PARCEL FOR 305 SOUTH MAIN STREET(704)283-9765 INDIAN RIVER COUNTY LANDFILL MONROE, NORTH CAROLINA 26112 FAX 1704)283-9755 EVAPORATOR SITE CEC LB#8398 SCALE: V-60' PROJECTNO.: 208.04.11 rw DWG:/ ease -Revised CLIENT: DATE: 1, 2022 HEARTLAND WATER TECHNOLOGY WWW CECENV.COM SHEET NO.: 1 OF 3 SKETCH AND DESCRIPTION LEASE PREMISE PARCEL DESCRIPTION: A PORTION OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 9; THENCE NORTH 89°43'10" WEST, ALONG THE NORTH LINE OF SAID TRACT 9, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°14'46" WEST, ALONG THE WEST RIGHT-OF-WAY OF 74TH/ AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 1310 PAGE 1368, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, A DISTANCE OF 773.09 FEET; THENCE WEST, A DISTANCE OF 87.97 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WEST, A DISTANCE OF 77.20 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 56°14123", FOR AN ARC LENGTH OF 24.54 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 51.00 FEET, A CENTRAL ANGLE OF 40°00'01", FOR ARC LENGTH OF 35.60 FEET; THENCE NORTH 60°48'56" WEST, ALONG A LINE NON -TANGENT FROM THE LAST DESCRIBED CURVE, A DISTANCE OF 44.56 FEET; THENCE WEST, A DISTANCE OF 212.02 FEET; THENCE NORTH 50°16'09" EAST, A DISTANCE OF 37.55 FEET; THENCE EAST, A DISTANCE OF 156.25 FEET; THENCE NORTH 36°35'28" EAST, A DISTANCE OF 12.45 FEET; THENCE NORTH, A DISTANCE OF 22.65 FEET; THENCE EAST, A DISTANCE OF 19.75 FEET; THENCE NORTH, A DISTANCE OF 29.35 FEET; THENCE EAST, A DISTANCE OF 142.25 FEET; THENCE SOUTH, A DISTANCE OF 27.00 FEET; THENCE EAST, A DISTANCE OF 22.50 FEET; THENCE SOUTH, A DISTANCE OF 49.00 FEET TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN CITY OF VERO BEACH, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 18,896 SQUARE FEET OR 0.434 ACRES, MORE OR LESS. UPDATES and/or REVISIONS I DATE PROJECT: CLIENT: LEASE PREMISE PARCEL FOR INDIAN RIVER COUNTY LANDFILL EVAPORATOR SITE HEARTLAND WATER TECHNOLOGY CARLSON ENVIRONMENTAL CONSULTANTS, PC 305 SOUTH MAIN STREET (704) 283-9765 MONROE, NORTH CAROLINA 28112 FAX (704) 283-9755 CEC LB# 8396 I SCALE: 1" = 6OPROJECT NO. 208.04.11 DWG:{ ease -Revised CEC DATE:4RV,2022 WWW.CECENV.COM SHEET NO.: 2 OF 3 H3NH0J tl� 3 '(VM d01HJIa,00L Lr) 7VNV0 „O„ la31V7 9E-676-9&' N0/1J3S 3N17 3 O 317N -9A V H16Z 30 3P✓l7Y31N30 — — — — 61OVIVI —3N17-3 Z i80a1 '29 od 'Ott s 0) osoVOa Onand and M/a ,oe CO o n, I l a O a'1 'eseL 'od `olet a s O) f co O AZl—Nn—oo-83A1a NVIGNI Ol 031VOIC30 0 �J I M2! 7VNOI110OV ,00'09 O Z 3NI7 M/a 'M 60'022 M „9b Ir k00 S cr c _ ~ 0 C) w � U CID co z � I N � U U h �o Lo�cw L O W� zIL �o �� tea, z Z E— _ � u- z w N �L,� Lu I ��Q ^rr o U o�w Lu�� Q �Za- JUp �F-CU� ozQ CL "'t opo W w C��� �NOQLLjCn� OOU� W O Opo Q Z�Q �ZMOp�� oWQ �� �pOc� hO UO c')N oma_ W oQ� CCUT: Un Univ a- I o F-cnZQN� MQM �L 4 Lumm MZ.- \\ (n O d it C`i CO Lu W O w z O N o U U J (i z a Z Zz in N f - Lu LLJ �, 2 COQ � N co N I co W ~ C N F- I - Lo r) I I Q 7�Lu QZ O M Zn m O U w Z n n ZZZ 00 'PE O' U�ZO�g> W [Owm0<0 00��O�U- O 0 cCwa0OL- 0— p m ir Z Z UF . j I I 0CL 0°dwlrW o� 08 = „L •27b �S 00 J oCLcc¢mOda- c-cn LO Z UPDATES and/or REVISIONS DATE BY CK'D PROJECT: LEASE PREMISE PARCEL FOR CARLSON ENVIRONMENTAL CONSULTANTS, PC 305 SOUTH MEIN STREET(704) 283-9765 INDIAN RIVER COUNTY LANDFILL MONRCE.NORTH CAROLINA 28112 FAX 1704))2683-9755 EVAPORATOR SITE CEC LB# 8396 1 SCALE: 1- = 60' PROJECT NO.: 208.04.11 lin 11M DWG: IRC-SD-LeaSe RevlSed CLIENT. DATE: FEB 11, 2022 HEARTLAND WATER TECHNOLOGY w w.cecENv.coN SHEET NO.: 3 of 3 SKETCH AND DESCRIPTION ACCESS EASEMENT \ 13th STREET SW 2j'Jo 559 6 Nicholas Messina Jr., PSM - STATE j - i SD's FLORIDA / �F $ THIS EASEMENT rn,m aao`. \ � TRACT 12 TRACT 11 TRACT 10 FLORIDA PROFESSIONAL SURVEYOR AND MAPPER NO 6559 SECTION 25, +cTs j NUMBER #8396 TOWNSHIP 33 SOUTH, _ k RANGE 38 EAST \ LEASE PREM/SE PARCEL TRACT 13 N \ TRACT 14 TRACT 15 TRACT 16 � Z BASIS OF BEARING S 24 °58'17" E 17th S TREE SW - - VICINITYMAP NOT TO SCALE NOTES: 1. BEARING SHOWN HEREON ARE BASED ON FOUND MONUMENTS FOR THE NORTH LINE OF TRACT 12 AND TRACT 11, AS MEASURED, BEARING SOUTH 89°41'37" EAST. 2. THIS SKETCH AND DESCRIPTION CONSISTS OF 8 SHEETS, AND EACH SHEET SHALL NOT BE CONSIDERED FULL, VALID AND COMPLETE UNLESS ATTACHED TO EACH OTHER. 3. THIS SKETCH AND DESCRIPTION WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, NO INFORMATION REGARDING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WAS PROVIDED TO OR PURSUED BY THE UNDERSIGNED. ENCUMBRANCES OTHER THAN SHOWN HEREON MAY EXIST. THIS DOCUMENT IS SUBJECT TO PERTINENT EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY. ENCUMBRANCES OTHER THAN SHOWN HEREON MAY EXIST. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION AND OTHER PERTINENT DATA SHOWN HEREON, OF THE ABOVE DESCRIBED PROPERTY, CONFORMS TO THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN RULES 5J-17.051 AND 5J-17.052, (FLORIDA ADMINISTRATIVE CODE) AS ADOPTED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES AND THAT SAID SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION IN FEBRUARY 2022. DATE OF LAST FIELDWORK FEBRUARY 17, 2022. FIELDBOOK: IRC, PGS 1 - 3 THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS MESSINA JR., PSM#6559. ON THE DATE ADJACENT TO THE SEAL. THIS SURVEY MAP OR COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL SEAL OR A UNIQUE ELECTRONIC SIGNATURE OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER UNDER CHAPTER RULES 5J-17.061 & 5J-17.062 FLORIDA ADMINISTRATIVE CODE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. UPDATES and/or REVISIONS I DATE REVISED PER TITLE REPORT AND SURVEY 1 3'18,2. �'s MESS,N9,,,, Digitally signed by 2j'Jo 559 6 Nicholas Messina Jr., PSM - STATE j - i SD's FLORIDA / �F $ Date: 2022.04.14 rn,m aao`. 16:09:34-04'00' NICHOLAS MESSINA JR., FOR THE FIRM FLORIDA PROFESSIONAL SURVEYOR AND MAPPER NO 6559 CARLSON ENVIRONMENTAL CONSULTANTS, PC LICENSED BUSINESS NUMBER #8396 PROJECT: ACCESS EASEMENT FOR LEASE PREMISE INDIAN RIVER COUNTY LANDFILL EVAPORATOR SITE CLIENT HEARTLAND WATER TECHNOLOGY CARLSON ENVIRONMENTAL CONSULTANTS, PC 305 SOUTH MAIN STREET (704) 283-9765 MONROE, NORTH CAROLINA 28112 FAX (704) 283-9755 CEC LB# 8396 I SCALE: N/A PROJECT NO.: 208.04.11 arra DWG: ccess Easement DATE: ,2022 WWW CECENV COM SHEET NO.: 1 OF 8 SKETCH AND DESCRIPTION ACCESS EASEMENT DESCRIPTION: ACCESS EASEMENT A PORTION OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 9; THENCE NORTH 89°43'10" WEST, ALONG THE NORTH LINE OF SAID TRACT 9, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°14'46" WEST, ALONG THE WEST RIGHT-OF-WAY OF 74TH AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 1310 PAGE 1368, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, A DISTANCE OF 81.71 FEET TO THE POINT OF BEGINNING #1; THENCE CONTINUE SOUTH 00°14'46" WEST, A DISTANCE OF 53.00 FEET; THENCE SOUTH 89°50'00" WEST, A DISTANCE OF 37.30 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY. THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 100.00 FEET; A CENTRAL ANGLE OF 24°19'24", FOR AN ARC LENGTH OF 42.45 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 65°30'36" WEST, A DISTANCE OF 28.82 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY. THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 100.00 FEET; A CENTRAL ANGLE OF 24°`9'24", FOR AN ARC LENGTH OF 42.45 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89°50'00" WEST, A DISTANCE OF 306.66 FEET; THENCE NORTH 87°28'55" WEST, A DISTANCE OF 115.55 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY. THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 FEET; A CENTRAL ANGLE OF 93°38'55", FOR AN ARC LENGTH OF 122.59 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°07'49" EAST, A DISTANCE OF 472.68 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 FEET; A CENTRAL ANGLE OF 88°52'12", FOR AN ARC LENGTH OF 116.33 FEET TO THE POINT OF TANGENCY; THENCE EAST, A DISTANCE OF 135.00 FEET; THE LAST DESCRIBED COURSE BEING ALONG THE SOUTH LINE OF A LEASE PREMISE PARCEL AND A WESTERLY EXTENSION THEREOF;THENCE SOUTH, A DISTANCE OF 15.00 FEET; THENCE WEST, A DISTANCE OF 146.79 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY. THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 FEET; A CENTRAL ANGLE OF 35°19'19", FOR AN ARC LENGTH OF 46.24 FEET TO THE POINT COMPOUND CURVATURE OF A CURVE CONCAVE EASTERLY. THENCE SOUTHWESTERLY AND SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET; A CENTRAL ANGLE OF 107°56'08", FOR AN ARC LENGTH OF 47.10 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 52°52'19" EAST, A DISTANCE OF 52.29 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 59.00 FEET; A CENTRAL ANGLE OF 14°44'19", FOR AN ARC LENGTH OF 15.18 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 38°08'01" EAST, A DISTANCE OF 28.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET; A CENTRAL ANGLE OF 52°59'4211, FOR AN ARC LENGTH OF 72.15 FEET TO THE POINT OF TANGENCY; THENCE NORTH 88°52'17" EAST, A DISTANCE OF 268.59 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY. THENCE EASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 35.00 FEET; A CENTRAL ANGLE OF 88°42'5511, FOR AN ARC LENGTH OF 54.19 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00°09'22" EAST, A DISTANCE OF 20.62 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 85.00 FEET; A CENTRAL ANGLE OF 31°37'27", FOR AN ARC LENGTH OF 46.92 FEET TO THE POINT OF TANGENCY; THENCE NORTH 31°28'05" WEST, ALONG A LINE NON -RADIAL TO THE NEXT DESCRIBED COURSE, A DISTANCE OF 42.67 FEET TO A POINT ON THE ARC OF A CURVE WHOSE RADIUS POINT BEARS NORTH 16°14'22" WEST FROM THE LAST DESCRIBED POINT; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTH OF SAID LEASE PREMISE PARCEL, HAVING A RADIUS OF 51.00 FEET, A CENTRAL ANGLE OF 34°13'42", FOR AN ARC LENGTH OF 30.47 FEET; THENCE SOUTH 31°28'05" EAST, ALONG A LINE NON -RADIAL FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 43.66 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 115.00 FEET; A CENTRAL ANGLE OF 31°37'27", FOR AN ARC LENGTH OF 63.47 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 00°09'22" WEST, A DISTANCE OF 28.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE SOUTHEASTERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET; A CENTRAL ANGLE OF 97°52'35", FOR AN ARC LENGTH OF 42.71 FEET TO THE POINT UPDATES and/or REVISIONS I DATE ACCESS EASEMENT FOR LEASE PREMISE INDIAN RIVER COUNTY LANDFILL EVAPORATOR SITE HEARTLAND WATER TECHNOLOGY CARLSON ENVIRONMENTAL CONSULTANTS, PC )5 SOUTH MAIN STREET (704) 283-9765 ONROE, NORTH CAROLINA 28112 FAX (704) 283-9755 =C LB# 8396 1 SCALE: N/A PROJECT NO.: 208.04.11 CECDWG: / ccess Easemect DATE: .2022 WWW.CECENV.COM SHEET NO.: 2 OF 8 SKETCH AND DESCRIPTION ACCESS EASEMENT DESCRIPTION: ACCESS EASEMENT (CONTINUED) OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 68.00 FEET; A CENTRAL ANGLE OF 8216'47", FOR AN ARC LENGTH OF 97.65 FEET TO THE POINT OF TANGENCY; THENCE NORTH, A DISTANCE OF 44.56 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE NORTHERLY AND NORTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 44.00 FEET; A CENTRAL ANGLE OF 70°29'27", FOR AN ARC LENGTH OF 54.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70°29'27" WEST, A DISTANCE OF 37.59 FEET; THENCE EAST, A DISTANCE OF 38.94 FEET; THENCE NORTH, A DISTANCE OF 11.66 FEET; THE LAST TWO (2) DESCRIBED COURSE BEING ALONG THE SOUTH LINE AND THE EAST LINE OF SAID LEASE PREMISE PARCEL. THENCE SOUTH 70°29'27" EAST, A DISTANCE OF 4.78 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE SOUTHEASTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 68.00 FEET; A CENTRAL ANGLE OF 70°29'271', FOR AN ARC LENGTH OF 83.66 FEET TO THE POINT OF TANGENCY; THENCE SOUTH, A DISTANCE OF 44.56 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 92.00 FEET; A CENTRAL ANGLE OF 88°52'17", FOR AN ARC LENGTH OF 142.70 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 88°52'17" WEST, A DISTANCE OF 353.45 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE WESTERLY AND NORTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 102.00 FEET; A CENTRAL ANGLE OF 52°59'42", FOR AN ARC LENGTH OF 94.34 FEET TO THE POINT OF TANGENCY; THENCE NORTH 38°08'01" WEST, A DISTANCE OF 28.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE NORTHWESTERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 35.00 FEET; A CENTRAL ANGLE OF 52°35'02", FOR AN ARC LENGTH OF 32.12 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89°16'57" WEST, A DISTANCE OF 45.02 FEET; THENCE NORTH 01°07'49" WEST, A DISTANCE OF 812.98 FEET; THENCE NORTH 89°50'00" EAST, A DISTANCE OF 90.21 FEET TO A POINT, SAID POINT HEREINAFTER TO BE KNOWN AS REFERENCE POINT "A"; THENCE CONTINUE NORTH 89°50'00" EAST, A DISTANCE OF 583.27 FEET TO THE POINT OF BEGINNING #1; LESS AND EXCEPT.- A PORTION OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. COMMENCE AT SAID REFERENCE POINT "A". THENCE SOUTH 00°10'00" EAST, A DISTANCE OF 30.81 FEET TO THE POINT OF BEGINNING #2; THENCE NORTH 89°50'00" EAST, A DISTANCE OF 458.88 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE SOUTHEASTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 10.00 FEET; A CENTRAL ANGLE OF 109°07'33", FOR AN ARC LENGTH OF 19.05 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY. THENCE SOUTHWESTERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 35.00 FEET; A CENTRAL ANGLE OF 70°52'27", FOR AN ARC LENGTH OF 43.29 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89°50'00" WEST, A DISTANCE OF 304.62 FEET; THENCE NORTH 87°28'55" WEST, A DISTANCE OF 131.49 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE NORTHWESTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 15.00 FEET; A CENTRAL ANGLE OF 87°18'55", FOR AN ARC LENGTH OF 22.86 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00°10'00" WEST, A DISTANCE OF 0.67 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY. THENCE NORTHERLY AND NORTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 15.00 FEET; A CENTRAL ANGLE OF 90°00'00", FOR AN ARC LENGTH OF 23.56 FEET TO THE POINT OF BEGINNING #2. SAID LANDS SITUATE IN CITY OF VERO BEACH, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 83,255 SQUARE FEET OR 1.911 ACRES, MORE OR LESS. UPDATES and/or REVISIONS DATE By cK'D RROJEcr: CARLSON ENVIRONMENTAL CONSULTANTS, PC ACCESS EASEMENT FOR LEASE PREMISE 305 SOUTH MAIN srREEr7aa)ze3-9765 INDIAN RIVER COUNTY LANDFILL MONROE, NORTH CAROLINA 28112 FAX (704)283-9755 EVAPORATOR SITE CEO LB# 8398 SCALE: N/A PROJECT NO.: 208.04.11 _...Cmm DWG: ccess Easemerf CLIENT. DATE: 2 2022 HEARTLAND WATER TECHNOLOGY www.cecENv.coM SHEET NO.: 3 OF 8 SKETCH AND DESCRIPTION LEGEND: O D.B. DEED BOOK ACCESS EASEMENT P.B. PLAT BOOK LR. IRON ROD LR.C.R. INDIAN RIVER COUNTY RECORDS LB# LICENSED BUSINESS NUMBER O.R.B. OFFICIAL RECORDS BOOK P.O.B. POINT OF BEGINNING Q P.O.C. POINT OF COMMENCEMENT R/W RIGHT-OF-WAY S. L. C. R. ST LUCIE COUNTY RECORDS N. LINE, S 1/2, SECTION 25-33-38 N. LINE TRACT9 LESS & EXCEPT I II I I I PROPOSED ACCESS E SEMENT I I I SHEET 6 OF 8 SHEET i Z 4 OF 8 I I I Parcel ID: 33382500001009000001.0 OWNER: INDIAN RIVER COUNTY I v Address: 1325 74TH AV SW, VERO BEAC , FL TRACT 9 SECTION 25, PROPOSED TOWNSHIP 33 SOUTH, LEASE RANGE 38 EAST I PREMISE PARCEL I� I� I� Iz SHEET 7 OF 8 I SHEET .' 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U) N o20" L6 N N NLoll (YOJ ACCESS EASEMENT FOR LEASE PREMISE INDIAN RIVER COUNTY LANDFILL EVAPORATOR SITE CLIENT: HEARTLAND WATER TECHNOLOGY a M co CID co 2 0,N 0 Q M 00 UOMcro I< Lu W Cn Z c/)Za irO CARLSON ENVIRONMENTAL CONSULTANTS, PC 6 SOUTH MAW STREET(704) 263-9765 DNROE, NORTH CAROLINA 28112 FAX (704) 283-9755 -C LB# 8396 1 SCALE: 1' = 50' PROJECT NO.: 208. .11 DWG:cEasement ICECDATE. , 2022022 WNNJ.CECENV.COM SHEET NO.: $ OF O�� N N O OCA �k �'.M-- NO OLo�- II N lu �71 �'�BMJ O �OJt\_ L�� �� d �-LO or M J N -- °n C6 a Z 3N/7H01 VH z N ACCESS EASEMENT FOR LEASE PREMISE INDIAN RIVER COUNTY LANDFILL EVAPORATOR SITE CLIENT: HEARTLAND WATER TECHNOLOGY a M co CID co 2 0,N 0 Q M 00 UOMcro I< Lu W Cn Z c/)Za irO CARLSON ENVIRONMENTAL CONSULTANTS, PC 6 SOUTH MAW STREET(704) 263-9765 DNROE, NORTH CAROLINA 28112 FAX (704) 283-9755 -C LB# 8396 1 SCALE: 1' = 50' PROJECT NO.: 208. .11 DWG:cEasement ICECDATE. , 2022022 WNNJ.CECENV.COM SHEET NO.: $ OF s SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 17, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Final Pay to Geosyntec for Work Order No. 8 - IRC Groundwater Compliance Technical Support Services Descriptions and Conditions: On October 13, 2020, the Solid Waste Disposal District (SWDD) Board approved CCNA-2018-Work Order No. 8 to Geosyntec Consultants, Inc., (Geosyntec) in the amount of $134,972.70. On August 17, 2021, Amendment No. 1 was approved, with the total project not to exceed $201,132.55. Geosyntec's authorized scope of work included general consulting/meeting support, database preparation; construction and demolition (C&D) debris disposal facility groundwater supplemental assessment, Class I landfill evaluation, historical and as -built records review, additional assessment data evaluation, and summary report. Analysis: Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount of $201,132.55, which includes the final invoice of $2,383.00. Attached is Geosyntec's letter report describing in more details the services provided under this work order. Funding: Funding for a total amount of $2,383.00 for the Groundwater Compliance Technical Support is budgeted and available in the SWDD/Landfill/Engineering Services, account number 41121734-033130, which is funded from SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/Engineering Services 1 41121734-033130 $2,383.00 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Geosyntec Consultants, Inc.'s final invoice amount of $2,383.00. Attachment: 1. Geosyntec Project Completion Report & Final Invoice. 390 SWDD Agenda - Final Pay to Geosyntec WO CCNA -2018 -WO No. 8 -Amendment 1 Page 1 of 1 Geosptecll' consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 FAX 904.396.1143 16 May 2022 www.geosyntec.com Subject: Project Management Completion Report and Transmittal of Invoice No. 471626 IRC — Groundwater Compliance Technical Support Services IRC Work Authorization No. CCNA-2018-Work Order No. 8 and Amendment No. 1 Indian River County Landfill Facility, Vero Beach, Florida Dear Mr. Mehta: INTRODUCTION Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FL3738A — Groundwater Compliance Technical Support Services for the Indian River County Landfill Facility. This project was completed under Work Order No. CCNA-2018-Work Order No. 8 and Amendment No. 1 authorized on 13 October 2020 and 17 August 2021, respectively, pursuant to that certain Continuing Contract Agreement for Professional Services, dated April 17, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant"). This report has been prepared as a supplement to our final invoice No. 471626, dated 12 May 2022. SCOPE OF WORK The scope of work authorized under Work Order No. CCNA-2018-Work Order No. 8 and Amendment No. 1 was divided into eight phases: (i) Phase 1 — general consulting (GC)/meeting support (MS)/project management (GC/MS/PM); (ii) Phase 2 — database preparation; (iii) Phase 3 — C&D debris disposal facility groundwater supplemental assessment; (iv) Phase 4 — Class I Landfill evaluation; (v) Phase 5 additional GC/MS/PM; (vi) Phase 6 —historical and as -built document review; (vii) Phase 7 — RDF and C&D Debris Disposal Facility additional assessment; and (viii) Phase 8 — Data Evaluation and Summary Report. The following is a phase -by -phase summary of the work that Geosyntec performed under this Work Order. FL3738A-01/JL21073A_Project Completion Report.doc engineers I scientists I innovators 391 Mr. Himanshu H. Mehta, P.E. 16 May 2022 Page 2 Phase 1— General Consulting/Meeting Support/Project Management Under this phase of the initial Work Order No.8, Geosyntec performed project planning and management responsibilities, such as meetings and correspondences with SWDD, ENCO Labs, and the Florida Department of Environmental Protection (FDEP); invoice review and preparation; project coordination; and project administration. Phase 2 — Database Preparation Under this phase, Geosyntec compiled a database of historical groundwater and surface water analytical data for both Class I Landfill and C&D Debris Disposal Facility with historical landfill development at the IRCL facility and developed trends to help explain the apparent exceedances in some of the parameters. Phase 3 — C&D Debris Disposal Facility Groundwater Supplemental Assessment Under this phase, Geosyntec completed supplemental assessment northeast of the C&D debris disposal facility; presented findings to SWDD and issued final draft report. Based on the recommendations from the report, SWDW authorized Amendment 1 to Work Order 8 for additional investigation to help identify the source of the apparent contamination on the northeast corner of the C&D debris disposal facility. Phase 4 — Class I Landfill Evaluation Under this phase, Geosyntec completed the installation of additional groundwater evaluation monitoring wells requested by FDEP and submitted Evaluation Monitoring Report No. 1 in January 2021. Subsequent quarterly evaluation monitoring reports in 2021 are being performed under Work Order No. 10. Phase 5 — Additional GC/MS/PM Under this phase of Amendment No. 1 to Work Order No.8, Geosyntec performed project planning and management responsibilities, such as meetings and correspondences with SWDD, ENCO Labs, and the Florida Department of Environmental Protection (FDEP); invoice review and preparation; project coordination; and project administration. FL3738A-04/JL22039A_P-iect Completion Report.doc engineers I scientists I innovators 392 Mr. Himanshu H. Mehta, P.E. 16 May 2022 Page 2 Phase 6 — Historical and As -Built Records Review Under this phase, Geosyntec conducted a review of the operation and compliance records via the FDEP OCULUS portal to identify if any releases from the RDF to the perimeter swale between the RDF and the C&D Debris Disposal Facility had been reported. Geosyntec also reviewed as - built record drawings of the stormwater management systems for the RDF and the C&D Debris Disposal Facility to help identify any potential cross connections between the two. Geosyntec also conducted a site visit with SWDD staff to inspect the stormwater management infrastructure to help refine the understanding of the interconnections between the RDF and the C&D Debris Disposal Facility. Phase 7 — Additional Assessment Under this phase, Geosyntec conducted additional assessment that included groundwater quality profiling, muck probe sampling, surface water sampling, and laboratory analytical testing of samples. Phase 8 — Data Evaluation and Summary Report Under this phase, Geosyntec reviewed the field and laboratory analytical data results and prepared a summary report for submittal to FDEP and SWDD. A draft report was initially presented to SWDD for review in the form of a PowerPoint presentation via Teams meeting. BUDGET The approved budget for Work Order No. CCNA-2018-Work Order No. 8 and Amendment No.1 was $201,132.55. The total invoiced amount, including the final invoice is $201,132.55. Therefore, Geosyntec completed this project within the approved budget. FL3738A-04/JL22039A_Project Completion Report.doc engineers I scientists I innovators 393 Mr. Himanshu H. Mehta, P.E. 16 May 2022 Page 2 CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at (904) 450-4259. Sincerely Kwasi Badu-Tweneboah, Ph.D., P.E. Senior Principal Engineer Enclosure: Invoice No. 471626 FL3738A-04/JL22039A_Project Completion Report.doc engineers I scientists I innovators 394 Geosynteccl consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 Fx 904 858.1818 FAR 904.396.1143 Subject: Project Management Report and Transmittal of Invoice No. 471626 IRC — Groundwater Compliance Technical Support Indian River County Landfill Facility Dear Mr. Mehta: www.geosyntec.com 16 May 2022 Geosyntec Consultants (Geosyntec) prepared this project management report to address the professional services for the Groundwater Compliance Technical Support project at the Indian River County (IRC) landfill facility. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; (iv) a discussion of ongoing work; and (v) recommended actions for the site. The enclosed invoice reflects work that was performed through 24 April 2022. Table 1 provides invoicing detail for the project. PROJECT MANAGEMENT SUMMARIES Geosyntec's Proiect No. FL3738A: Groundwater Compliance Technical Support — Indian River County Landfill Facility (IRC Work Authorization No. CCNA-2018 Work Order No. 8 & Amendment 1) Budget Overview Invoice No. 471626 (enclosed) dated 12 May 2022 for $2,383.00 is the 19th and final invoice for Project No. FL3738A. Listed below is a summary of the budget, including invoiced amount and remaining budget. Approved Budget: $201,132.55 Invoiced Amount: $201,132.55 Remaining Budget $0.00 Geosyntec is within the budget appropriated for this project. FL3738-0 I\FL3738AJL22039 engineers I scientists I innovators 395 Mr. Himanshu H. Mehta, P.E. 16 May 2022 Page 2 WORK COMPLETED TO DATE The tasks performed under this invoice include summary report preparation and submittal to FDEP and SWDD; and project administration, including project management. WORK REFLECTED ON ENCLOSED INVOICE Labor reflected on the enclosed invoice is mainly attributed to the following: • Labor indicated as professional services ($2.383.00) is associated with the above listed tasks. Other expenses are associated with communicationls fee and are built into the lump sum amount above. ONGOING WORK Geosyntec is finalized and submitted the supplemental investigation summary report to FDEP and SWDD on 7 March 2022. RECOMMENDED ACTIONS None CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at 904.858.1818. Sincerely, Kwasi Badu-Tweneboah, Ph.D., P.E. Senior Principal Engineer Enclosure — Invoice No. 471626 FL3738A-01\FL3738A JL22039 engineers I scientists I innovators 396 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number 3738A IRC — Groundwater Compliance Technical Support Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FL3738A/CCNA2018- WORK ORDER No. 8 & AMENDMENT 1 417033 11/3/2020 $6,323.95 421786 12/20/2020 $13,439.89 424364 1/21/2021 $34,116.29 427550 2/26/2021 $53,901.39 430651 4/5/2021 $8,267.97 433048 4/26/2021 $3,473.75 433812 5/6/2021 $3,695.00 436995 6/9/2021 $3,861.40 441636 7/19/2021 $1,482.32 443445 8/11/2021 $2,464.21 446510 9/14/2021 $3,946.53 449360 9/30/2021 $6,215.41 453498 11/17/2021 $10,707.16 455665 12/13/2021 $6,234.00 459756 1/18/2022 $10,457.52 463001 2/18/2022 $4,608.07 465551 3/16/2022 $16,053.32 467615 4/8/2022 $9,501.37 471626 5/12/2022 $2,383.00 TOTAL $201,132.55 FL3738A-01\FL3738A JL22039 397 Geosyntec'% consultants PLEASE REMIT PAYMENT TO: Geosyntec Consultants 900 Broken Sound Parkway NW, Suite 200 Boca Raton, Florida 33487-2775 USA Tel (561) 995-0900 Fax (561) 995-0925 INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Invoice #: 471626 Project: FL3738A Invoice Date: 5/12/2022 Attention: HIMANSHU MEHTA, P.E. For Professional Services Rendered through transaction date: 4/24/2022 Project Name: IRC GROUNDWATER COMPLIANCE TECHNICA IF YOU HAVE QUESTIONS ABOUT THIS INVOICE, PLEASE CONTACT DR. KWASI BADU-TWENEBOAH AT 904-450-4259 CCNA-2018-WO NO. 8 Previously Total Invoiced Phase Fee Complete Billed To Date 01) MEETING SUPPORT/PM 24,705.40 100.00 24,705.40 24,705.40 Previously Total Invoiced Phase Fee 0 Complete Billed To Date 02) DATABASE PREPARATION 14,759.90 100.00 14,759.90 14,759.90 Previously Total Invoiced Phase Fee 0 Complete Billed To Date 03) C&D FACILITY GW SUPPLASSESSMEN 58,794.40 100.00 58,794.40 58,794.40 Previously Total Invoiced Phase Fee Complete Billed To Date 04) CLASS LFL EVALUATION 36,713.00 100.00 36,713.00 36,713.00 % Previously Amount Due Total Invoiced Phase Fee Complete Billed This Invoice To Date 05) PM/MEETINGS 9,547.22 100.00 9,091.25 455.97 9,547.22 Previously Total Invoiced Phase Fee Complete Billed To Date 06) HISTORICAL & AS-BUILTS REVIEW 12,945.10 100.00 12,945.10 12,945.10 Previously Total Invoiced Phase Fee Complete Billed To Date 07) ADDITIONAL ASSESSMENT 24,397.25 100.00 24,397.25 24,397.25 % Previously Amount Due Total Invoiced Phase Fee Complete Billed This Invoice To Date 08) DATA EVALUATION AND SUMMARY REP 19,270.28 100.00 17,343.25 1,927.03 398 19,270.28 Total Contract Fee Total % Complete To Date Total Fee Earned To Date Less Previous Billings Total This Invoice **Amount Due this Invoice** $201,132.55 100.00 % $201,132.55 $198,749.55 $2,383.00 $2,383.00 Statement Prior Billings $198,749.55 Project Budget $201,132.55 Current Invoice $2,383.00 Billed to Date $201,132.55 Billed To Date (Includes Retainage) $201,132.55 Contract Balance $0.00 Paid To Date $189,248.18 **Amount Due This Invoice** $2,383.00 399