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HomeMy WebLinkAbout02/21/2023E3 ok- E1 COUNTY COMMISSIONERS Joseph H. Earman, District 3, Chairman Susan Adams, District 1, Vice Chairman Joseph Flescher, District 2 Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 21, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com Michael C. Zito, Interim County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Leslie Rossway Swan, Supervisor of Elections 3. PLEDGE OF ALLEGIANCE Joseph H. Earman, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 4.A. Additional Item 14.A.2. -- Board Member Participation in Executive Roundtable's Communities that Care Joint Vision Statement Session Attachments: Commissioner's Memorandum Exec Roundtable Mtg Agenda 4.B. Additional Item 15.A.1.-- Waiver of Requirement for Bids for Annual Physical Exams Attachments: Staff Report Life Scan Wellness Centers Quote February 21, 2023 Page 1 of 7 4.C. Delete 8.H. -- D.R. Horton, Inc's Request for Final PD Plan/Plat Approval for a Subdivision to be known as Grande Hammock PD [PD -13-11-04 / 2013100058-91467] Attachments: Location Map Final Plat Layout 5. PROCLAMATIONS and PRESENTATIONS S.A. Presentation of Proclamation Designating February, 2023, As 2-1-1 Awareness Month Attachments: Proclamation S.B. Presentation of Proclamation Honoring William Holt Attachments: Proclamation S.C. Presentation of Proclamation Honoring Dale Dawkins Attachments: Proclamation S.D. Presentation of Proclamation Recognizing Black History Month in Indian River County Attachments: Proclamation S.E. Presentation of Proclamation Recognizing the Education Foundation of Indian River County Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of December 6, 2022 Attachments: 12062022 BCC Draft 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. City of Sebastian, Notice of Voluntary Annexation of 2044.3 acres, more or less, located south of the north boundary of County Road 510 ROW, west of lands adjacent to 74th Avenue ROW, north of 69th Street ROW, and East of 90th Avenue. A copy of the adopted Ordinances with maps and legal description, Resolution, and Annexation Agreement with Graves Brothers Company are on file in the Office of the Clerk to the Board. Attachments: Notice of Voluntary Annexation 8. CONSENT AGENDA 8.A. Indian River County Subaward and Grant Agreement for Hurricane Ian Attachments: Staff Report Subgrant Agreement February 21, 2023 Page 2 of 7 8.B. Hurricane Isaias Closeout Attachments: Staff Report Proiect Completion and Certification Report 8.C. Authorization to Increase Blanket Purchase Orders Attachments: Staff Report 8.D. Mobile Detailing Agreement with No -1-120 Attachments: Staff Report Sample Agreement 8.E. Authorization to Continue Piggybacking Modified Volusia County Bid for Lab Services Attachments: Staff Report 8.F. Work Order Number 8, Continuing Architectural Services Contract RFQ 2018063 Victor Hart Sr Community Enhancement Complex (Gifford Park) - Restroom / Concession Stand Architectural Services Attachments: Staff Report Work Order 8 Exhibit A EDB WO 8 8.G. Work Order Number 4, Dune Crossover Replacement of Two Dune Crossover Structures and One Dune Crossover Ramp Repair at the Tracking Station Beach Access Attachments: Staff Report Work Order 4 Tracking Station Crossover 8.I. Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program Attachments: Staff Report SEFBHN Grant Letter 2023 8.J. FDEP Grant Agreement 22IR1 - Wabasso Beach Restoration Project - Sector 3 Construction and Year 1 Monitoring Attachments: Staff Report FDEP Grant Agreement 221R1 IRC Grant Form No. 221R1 8.K. Venetian Grove - Right of Way Acceptance and Murphy Reservation Release Attachments: Staff Report Exhibit A Venetian Grove Deeds and Releases Exhibit B Murphy Reservations Release February 21, 2023 Page 3 of 7 8.L. Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work Order No. 2018006-14, Post Construction Environmental Monitoring (Phase I Year 2 Monitoring and Phase 2 Year 1Post Construction Monitoring) Attachments: Staff Report Work Order Agreement Execution B.M. Amendment No. 1 to Work Order No. 5 with Edlund, Dritenbas, Binkley Architects and Associates, P.A. for Fire Station 47 (IRC -1911) Attachments: Staff Report Amendment No. 1 to Work Order No. 5 8.N. Jones Edmunds Work order 3 for conceptual redesign of a Stormwater Treatment Facility's headworks at Egret Marsh Stormwater Park Attachments: Staff Report Egret Marsh Headworks Workorder No. 3 Execution Agreement S.O. Award of Bid No. 2023018 61st Court Full Depth Reclamation (FDR) from 47th Street to 49th Street, IRC -2216 Attachments: Staff Report Sample Agreement 8.P. Release of Retainage - Ceres Environmental Services, Inc. - Hurricane Ian Debris Monitoring (IRC -2223) Attachments: Staff Report Ceres Environmental Services, Inc. Invoice C3937 0002 8.Q. Work Order No. 8 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County Attachments: Staff Report 2023 EAI WO#8 Sea Turtle Monitoring Proposal 2023 EAI WO#8 Agreement Execution 8.11 Upgrade Broadcast Pix Granite Equipment Attachments: Staff Report Quote for Indian River Upgrade GXH v2 8.5. North County Water and Sewer Project Phase 2 Bid No. 2021019, Change Order #2 - to Centerline, Inc. Attachments: Staff Report Change Order 2 Centerline Inc February 21, 2023 Page 4 of 7 8.T. Work Order 14 to Bowman Consulting Group, LTD. - Replacement of the NWWTF 24" Force Main Attachments: Staff Report Work Order No 14 Bowman Consultinq Group 8.U. Synagro Dewatering and Sewage Sludge Removal Contract Price Increase Attachments: Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Supervisor of Elections Leslie R. Swan re: Revenue from the Special Referendum Mail Ballot Election Attachments: Memorandum from Supervisor of Elections 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Doug DeMuth re: Sector 7 Attachments: Request to Speak D. DeMuth C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources 12.D.1. Selection of Finalists for Interview - County Administrator Attachments: Staff Report Straw Preference Poll for Finalists - With Names 12.D.2. Approval of Agreement with Everside Health LLC for Indian River County Everside Health Center (Employee Clinic) Attachments: Staff Report Draft Agreement E. Information Technology F. Office of Management and Budget G. Public Works February 21, 2023 Page 5 of 7 H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 61 st Drive Maintenance Map Attachments: Staff Report 61st Drive Maintenance Map 13.B. Residency Restrictions for Registered Sex Offenders - Permission to Advertise Attachments: Staff Report Section 306.06 IRC Ordinance Code Draft Ordinance Language 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman 14.A.1. Indian River Soil and Water Conservation District Board of Supervisors Candidate Selection Attachments: Commissioners Memo Letter from IRSWCD B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Deryl Loar E. Commissioner Laura Moss 14.E.1. Request from Vero Beach Film Festival to use Commission Chambers over June 8-11, 2023 Attachments: Commissioner's Memorandum 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.13.1. Addendum to Base Contract with Tiger Inc for Sale and Purchase of Natural Gas Attachments: Staff Report Base Contract with Tiger Inc Addendum to Base Contract with Tiger Inc C. Environmental Control Board 16. ADJOURNMENT February 21, 2023 Page 6 of 7 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. February 21, 2023 Page 7 of 7 Additional Item 14.A.2. February 21, 2023 ITEM 14.A. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 17, 2023 SUBJECT: Board Member Participation in Executive Roundtable's Communities that Care Joint Vision Statement Session FROM: Joseph H. Earman Commissioner, District 3 Background United Way is holding an executive roundtable meeting as a joint meeting with community board members on February 23, 2023. Discussion I'd like to discuss arranging for Board member representation at the February 23rd meeting, and the possibility of having a commissioner or staff member as a point person to serve on the community board. Attachments 02-23-2023 Joint Session Agenda Additional Item 14.A.2. 1VF Indian River PCoalklon Fose"V a Community Mar Cam Executive Roundtable of IndianRiver County Indian River Prevention Coalition Communities that Care- Joint Vision Statement Session February 23, 2023 19:00 AM I School District TEC Room Participant Agenda Ob j ectives The Executive Roundtable of Indian River County and Prevention Coalition Members will be able to: • Draft a vision statement for Communities That Care in Indian River County. Agenda: 8:45 to 9:00 AM Refreshments and Networking 9:00 to 9:10 AM Executive Roundtable Business: Pledge, Approval of Minutes 9:10 to 9:20 AM Review of Communities That Care 9:20 to 10:50 AM Drafting a Vision Statement 10:50 to 11:00 AM Discussion, Wrap up & Evaluation 1 tz 92019 Center for Communities That Care, University of Washington Proclamation DESIGNATING FEBRUARY, 2023, AS 2-1-1 AWARENESS MONTH -Whereas, 2-1-1 helpline and crisis line continues to be that beacon of hope providing life-saving crisis support and guidance when people are overwhelmed and don't know where to turn; and Whereas, during these challenging times that include pandemic impact and economic instability and recent hurricanes, 2-1-1's caring and highly trained staff have been the frontline responders 24/7 through it all; and -Whereas, people of all ages and walks of life are reaching out for their growing struggles with mental & emotional health, addiction, housing, health and other concerns, and 2-1-1 staff listen to each and every person to provide available resource options and to help them strategize and problem solve; and -Whereas, 2-1-1 also has specialized advocacy and support programs for the community that include Caregiver Support, Help Me Grow and 2-1-1's life-saving "Sunshine" daily phone calls which continue io brighten the lives of isolated seniors and caregivers; and -Whereas, 2-1-1 also responds to the 988 Lifeline number and support lines that include First Responders and MYFLVET for veterans with peer-to-peer support providing assistance to these specialized groups and their families. Xaw, 91herefore, be it Proclaimed dy the Board of County Commissioners of Indian River County, FCorida, that February, 2023, is designated as 2-1-1 Awareness Month in Indian River County, and that the Board reminds all citizens who are overwhelmed, in crisis, or just in need of a talk, that 2-1-1 is available at any time to provide referrals for mental health counseling, substance abuse, health care, employment, food assistance, day care, support groups, volunteering, free income tax preparation, and so much more. Adopted this 21st day of February, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Laura Moss Deryl Loar ProcCamatio'on HONORING WILLIAM HOLT -Whereas, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and -Whereas, in 1992, William Holt was a founding member of the Education Foundation of Indian River County, which has helped thousands of students reach their full potential by funding programs and services that transform education and the classrooms where it occurs; and -Whereas, William incorporated Ross Small World Child Care Center to nurture hundreds of disadvantaged 0 -to -4 -year-old children in Gifford, a program so successful that he was asked to lead the Florida Head Start Program with its student enrollment of 38,000 and eventually become treasurer of the regional Head Start Association, covering agencies in eight southeastern states serving over 150,000 low-income children; and -Whereas, William was selected for the first School Readiness Coalition of Indian River County, providing parents with access to high-quality "early care" and education plus financial assistance for qualified families; and -Whereas, in 1994, William established the Certificate of Charter for the Gifford Central Little League Baseball Team and worked with the county recreation department to build a baseball field in Gifford; furthermore, he sponsored recreational football camps for more than 400 young players over a seven-year period, eventually assisting coach Billy Livings recruit over 100 players and a bevy of minority assistant coaches and mentors; and -Whereas, William was a co-founder of Every Dream Has A Price, Inc., which assists low-income families with either repairing their current homes or achieving the dream of first-time home ownership; additionally, he persisted over a two-year period in bringing the Family Dollar store chain into Gifford, "evening the playing field" for this low-income area and providing affordable shopping for those with less; and -Whereas, William was an instrumental liaison in the renaming of 45th Street in Gifford to Martin Luther King, Jr., Boulevard, a visual reminder for our kids of a revered Black leader who stood for justice and fairness. Now, therefore, be it proclaimed by the Board of County Commissioners of In&an River County, Florida, that the pioneer spirit and civic contributions of William Holt have made a lasting impact on Indian River County and the Treasure Coast, and that the Board extends its sincere thanks for his outstanding efforts within our community. Adopted this 21 S` day of February, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss 2 ProcCamatim HONORING DALE DAWKINS -Whereas, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and -Whereas, Dale Dawkins, a native son of Indian River County, was born in 1966 to Henry and Verdell, and developed into one of Vero Beach High's all-time greatest athletes, graduating in the Class of 1986; and -Whereas, Dale received both football and basketball scholarships from the University of Miami, eventually choosing to play wide receiver for legendary coach Jimmy Johnson and winning two NCAA National Championship rings between 1987 and 1990; and -Whereas, Dale advanced to the National Football League as a 1990 draftee of the New York Jets, playing with the team for four years and winning the prestigious Ed Block Courage Award in 1992 for excellence in team leadership and perseverance in overcoming a potentially career -ending leg injury; and -Whereas, upon retiring in 1994, Dale returned to Vero Beach as an entrepreneur, public speaker, and founder of ProFitness of the Treasure Coast, where he held sports camps and small group athletic training before branching out as a minister at St. Peter's Missionary Baptist Church, gaining ordination as Assistant Pastor and overseeing operations of existing ministries and associated staff, starting new ministries, providing personal training for young athletes, and serving as Dean of Students at St. Peter's Academy Charter School; and -Whereas, in 2005, Dale's entrepreneurial spirit led him and his family to Bozeman, Montana, where he founded ProFitness of Montana, a non-profit organization that sponsors annual basketball tournaments, teaches kids, and funds scholarships for young adults seeking to further their educational and athletic goals; and -Whereas, after returning to Vero Beach in 2017, Dale has again immersed himself in his hometown, coaching football at VBHS, continuing as Dean of Students at St. Peter's, and starting C4L Charities, a partnership organization that most recently produced the Martin Luther King, Jr., Day Parade in 2022. Naw, therefore, be it proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that the pioneer spirit and civic contributions of Dale Dawkins have positively impacted the lives of many Indian River County and Treasure Coast residents, and that the Board extends its heartfelt thanks for his tireless efforts within our community. Adopted this 21St day of February, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss 3 s Proclamation RECOGNIZING BLACK HISTORY MONTH IN INDIAN RIVER COUNTY Whereas, Black History Month is an annual celebration of achievements by Black Americans and a time for recognizing the critical role of African Americans in U.S. history; and Whereas, the 2023 National Black History Month theme is "Black Resistance," which celebrates the peaceful resistance methods African Americans have employed to overcome oppression in all forms; and Whereas, for generations, Black faith institutions have been spaces where communities found sanctuary during times of crisis, organized resistance efforts, and inspired citizens of all races to participate in their movements; and Whereas, the success of the American Civil Rights Movement and the fight for racial equality in the United States is a testament to the determination of millions of African Americans who fought against discrimination using a strategy seeking equal rights without violence, taking to the streets for peaceful protest, acts of civil disobedience, and economic boycotts; and I -Whereas, in 1965, as a galvanizing example of the power of peaceful resistance, John Lewis led over• 600 marchers across the Edmund Pettus Bridge in Selma, Alabama, in the face of brutal attacks by oncoming state troopers, resulting in video footage that shocked our nation, fueled the fight against racial injustice, ano prompted Congress to pass the landmark 1965 Voting Rights Act; and -Whereas, Black Americans have achieved many other triumphs since the latter half of the twentieth century, including the dismantling of Jim and Jane Crow segregation in the South; increased political representation at all levels of government; desegregation of educational institutions; the passage of the Civil Rights Act of 1964; the opening of the Smithsonian National Museum of African American History in Washington, D.C.; and increased and diverse representation of Black experiences in media. X&w, '11herefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that the Board hereby recognizes Black History Month in Indian River County and the pivotal role Black resistance strategies have played both in achieving lasting results and serving as examples for other social movements in our country, a legacy that cannot be overstated. Adopted this 21st day of February, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairperson Joseph E. Flescher Deryl Loar Laura Moss 4 Proclamation RECOGNIZING THE EDUCATION FOUNDATION OF INDIAN RIVER COUNTY -Whereas, the Education Foundation of Indian River County is a 501c(3) organization that supports school programs and services that increase educational outcomes for K-12 students, providing funding where it is otherwise limited and focusing on four main programs; and -Whereas, the Education Foundation's High Impact Grants program allows teachers to submit a "Letter of Idea" application that aligns with the SDIRC Strategic Plan and promotes academic achievement and student motivation, with measurable outcomes; and -Whereas, the Regional Science and Engineering Fair was created in 1992 to enable all local pupils to use their imaginations and explore their academic potential, competing against other students in the county and state to win awards and scholarships based on their efforts; and -Whereas, the Keeping the Promise program supports teacher recruitment and retention by providing relocation cost reimbursement for new educators in the district, including moving expenses, storage fees, utility deposits, and security deposits; and -Whereas, the STEP into Kindergarten program provides a summer session for incoming kindergarten students attending Title 1 schools in the fall, directly advancing Kindergarten readiness rates by preparing children for success in pre -reading, math, and social/emotional skills, and allowing a smooth transition into the learning environment. Now, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board hereby recognizes the Education Foundation for their significant accomplishments in elevating public education throughout our county and thereby] expanding economic, political, and social opportunities for all; reducing unemployment, crime, and dependence on public assistance programs; raising tax revenue; and improving public health and civic engagement. Adopted this 21 st day of February, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairperson Joseph E. Flescher Deryl Loar Laura Moss 5 MYOF SEBASTL HOME Of PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FL 32958 (772)388-8215 February 10, 2023 Mike Zito Interim County Administrator Indian River County Administration 1801 27" Street Vero Beach, FL 32960 And1an t%v FFg r C OVn�c 41p�3 Office e of l �a�fnist alor RE: Notice of Voluntary Annexation in Accordance with F.S.171.044(3) Dear Administrator Zito: County Please be advised that 2044.3 acres, more or less, located south of the north boundary of County Road 510 ROW, west of lands adjacent to the 74`" Avenue ROW, north of 69th Street ROW, and east of 90th Avenue were annexed into the City of Sebastian by City Council at their December 14, 2022 meeting. Please find enclosed a copy of the ordinance with the map and legal description. If you have any questions regarding the annexation, please do not hesitate to contact the Community Development Director, Lisa Frazier, at (772) 388-8228. Sincerely, ��K�l1�vY1/J lanette Williams, MMC City Clerk Enclosure Firefox https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... 312102-21000( 158 RHC CIRLIED IN THE RECORMS OF JDFFREY R. SMI11H, ( UERN OF CIRCUTD COURT INDIA N RIVER C CI FL HN: 3551ST PG: 460, 21AM20213 21:421 PM ORDINANCE NC. 0-21-07 AN ORDINA NC D OF THE C ITMI OF SEBASTIAN, BLORIIIA, PRO VIDING BOR 'DHE MOLUNTARY ANNEXATIC N FC R LAND CCNSISTING OF 2044.3 ACRES, MORD ORI LESS, LOCATED SC UTH OF THE NORTH HC UNDIA RM OF COUNT)] RC AD 510 RC W, WEST OF LANDS ADJACENT TO THE 74TH AVE ROW, NC RTH CE (SI'H STRI+IE71 HOW, AND EAST OF 9(1'h A VH ROW; PROVIDING FOR THE EXTENSIC N OF THE CORHORATE LIMITS AND HOUNDARIES 71HDREOF; BRCMIDING POR INTERIM LAI\ D USE ANI] ZC NING CLASSIBICA TION; PROVIDING FOR SCRIMENER''S ERRORS; ARCM]IDING POR C C NFLICT AINDI SEMEIRABILITMI: AND BRC MIDIING FOR AN EBFEC TIVE DATE. WHEREAS, the owners of veal flraperly in unincorporated Indian %wr County, cionliguous to the clxisting aorporiate limits and boundairies of lhci City of Sebastian, and being raoisonably compact, rpt:iIions the governing body oft the City oft Sebastian to bei voluntarily annexed inlia the municipality; and WHEREAS, thlu C:ily Counail of thu Cily of Schaeslian, Florida finds and cuterminus thlat the annexation ofIsaid plaroal is in 11he best interest ofIthe Cliity; WHEREAS, an Annexalion Agrpemicint has been neigoiliated butweuri the 11wo parties, City of Sebastian and Graves Brothers Company, and prcisentuc for adolltion undcm Rlesalution R-22-34; and WHEREAS, adoption aft 0-22-07 shall be subiciat to aplproual of R-22-34 and execution by all parlies of the Anneiriation Agieemenl; NC W THEREBORE, BE 1T C RDAINEI] BY THE C ITMI C C UNCID OF THE CITY OF SEBASTIAN, INDIA N RIVER CC UNDMl FLORIDA, as follows: Section 1. BRC BERTY. 'Hhei following described pnorlurty now lying and being in an unincorporated area of Indian Rumen County, Florida, is hcmeby annexed into the aarporiatel limits oft llle City of Sebastian, Fl arida and the bounidaryl lines of said City are 11caieby redefincic to incdude said real proptwty as shown on "ExhiHit la and IH" containing 2044.3 acmes, mond or lciss. 1 of 60 2/17/2023, 4:34 PM Firefox HN: 3551ST PG: 461 https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... Seatian 11. INTERIM LAND USE A.1�11 ZONING CLASSERICATION. The ir.itecmi land uses and zoning classifications for this properly slialll bei con;iislarit with the rlrovisians of state law. Section ?I. FILING. A aertiifiled capy (if this ordinance shall bei filud with) the Clerk of the C:irmit Cauri, as well as tha Chla>irman of the Caunty Commission of Indian Riven Courity, Flor..da, ar.c with the Fllorida Dleparhr.ext of State wiilhiri sciveni days of adoption. Section 4. NO TIC D. That niotiaci of this ordinance has bucmi postad ini accordancci with Secdion 171.044, Fllorida Statutes. Section 5. SCRI`1HNER'S ERRORS. Sackicns of this ordinancia may bci rienumberied on re-Itecrud and coneatiom cfltypoMphical cnors which do riot affiact Zhu intent may be authoriacid by tHei City Mar. ager, or the C:ily Manager's designee, withloul nued ofl public huauing, by filling a conectad or re-cod:ifilcid copy of satriu with tha City Clerk. Section 6, CONFLICT. A:11 ordinanceis ar parts of ordinances in aorifllicl hcniawithl ara hereby rqlaalcd. Sluction 7. SEMERABILITYI. Iri the mwi t a aaur (if Iaompetcnl jurisdiction shall] hald cm dcitenn:ine that any part of this Crdinance is invalid, unanforceabllci or uncanst:itutional, the remainder of the Ordinianca shall be invallidated and it shall be prcisumed thlat 11.1a City Council of tha City of Sebastian did riot :inleinid to enact lHis Cndiniancci withlout suchl invalid ar unaonstitut:ional provi<.iions. Section 8. EFFECTI`1H DATE. Flallowing its adoptian and recordation, including RI -22-34 and the Annexation Agrletment oxacuted by ala parkas, tHis Or6r.iance shlall becoma effective. :I 2 of 60 2/17/2023, 4:34 PM Firefox HN: 359q PG: 462 https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... Thu foregoing Ordinancia was moored far adoption by Counailmicimben Nunn: THe mot:ian was seaanded by Councklmicmnber Dodd arc, upon baing put to a mote, the mote was as fallows: Mayon Fired Jones Viae Mayon Chrlstophler Nunn Cauncilmemibcm Klci ly Dixon Caunmilmemibov Ed Dodd Caunmilmemibcm Bob McAardan ave.. ayie ayes ayes aye The Mayon lhcuicupon declared tHis Cidiriance duly passed and adopted this ath 2023. of Fle)rruary WEL ATTEST: JydAnette Williams, MMC ty Clerld 3 day CITYI CH SEBASTIAN, ALCRIIDIA By: Flied Jones, Mayon ('fit Approvud as to form and legality fan ralianaei by 1Hci C' Se ian anly: M y An r., City ey 3 of 60 2/17/2023, 4:34 PM Firefox ]IN: 3551ST PG: 4 915 https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... RE SIC LUTIC N NO.. R-712-34 A RE SOLUIIC N C F THE CITY OF SEBASTIAN, INDIAN RIVER CC UNTY, FLORIDA, PRC V IDING FOR AN ANI\ EXATIC N AGREEMENT BETWEEN THE C ITM C A SEBA S ITIAN, FIJO RIDA, A FLORIDA MUNICIPAL CORPORATION AND THE GRAVES BRO MHIERISI CC MHANY TO MEMORIALIZE THE PARTIES UNUHRISITA11DING AND AGREEMENTSI WITH RESIPEC71 TO THE ANNEXATION OF 2(144 ACRES, MORE OR BEEF, INTO THE C1111, AND WITH RESPECT TO THE FUTURE DEVELOPMEND AND USID OR THE PROPERTM. PROVIDING FCR CONFLICT; PROVIDING FOR R.EC C RDING; PRO V 1DIING HO R SCRIVENER'S ERRORS; AND AN ERFEC 111V D DATE. WHEREAS, the owners Craves Brothers Company, (if Ireall properly in uninciorparated Indian Riven County, contiguous to thea wisling corporate 1'mits and bloundariie:i of the Cialy of Soba<atian, and bleing wasoniably campacit, petitions the governing body cfI thea City of Sabailian to be voluntarily annexed into tho municipality; and WHHRHAS, lhle Cialy of Scbaastian City Council Has found and dealcirmined tHaat it :is in thle City's best inteareast by annexing Ifi a 2044.3 acarcas, more ar leas, into its municipal boundaries and by entering into thlis Annexation Agreaement, atalachled Hereto as Exhibit A. Bach party affirms that cciveilopmcnl cif thea property will be in accordance with thci Putwici Land Usci Map, Cily's Compriehlensive Alan and Land Dlemelopmcint Coda; and WHBABAS, the Agrleerricinl allows for the property to dere:lop with a mixed used plan, providing for coma encial, residonliall and affbridablci housing: and WHBRBAS, an Annexation Agrpemienal has been ncigaaliatcd between City ofI Sebastian and Graves Brothlers Company, and presented f6ri adoption under thlis RJeisollulion A-22-34. NOW THEREFORE, BE IT RESOLVED Bb THE MAMO R AND C ITM COUNCIL OF THE CITY OF SEBASI711AN, FLORIDA, AS HOLDC WS: Section 1, The Cily Council of the City of Sebastian recognizes the need to anncLx pnoperaies to enswie vaiahilily and managed grpwlh in arae around the City. Slection 2. The aattauhec Annexation Agrlcaement is in the best inlloriesl ofIIhe c:iIizens of Sebastian. Seetian 3. CONFLICT. AH resolutions cm para caflrcasoluticans in confl:iet herewith are Hetiebly replealead. Slection 4. RECORDING. Thais Resolution and Annexation Agrleemenl shall be recorded in lhle public ncacaords of Indian River County. 36 of 60 2/17/2023, 4:34 PM Firefox https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... HN: 3551ST PG: 4 916 Slecticm 5. SCRIVENERI'Sl ERRORSI. Secitiomi afIlhi:i reso:lullion rniam be renumbered on tie -lettered and conecilions aft lypographical errors whicMl do riot afflect the intent may bei aullhariaed by the Cily Manager, on tBe City Manager's desigrice, without need (if lfurther action of lhla Cily Counuil by filing a aorructed ceply of same with the City Clerk. Sleeticm 6. EHFECTIVE 11ATH. THs resolution shla:ll be become affective upon adoption. Ttu f6ngoing Resolution wa:i moved foci adaption by N'u'n . The moticm was �ieconidad by Council Mcimben upon being put la a valla, thle vale was as follows: Mayor Brad Jlancis aylei Mice Mayar Chris Nunr ayei Couriaia Mcimbeii Nally Dixon aYlei Councnl Memibeni Ed Dodd ayle Council Memibeni Bob MoHarllan ame C ouncil Merribem MCPlart lar; and. TT.a Mallor tharoupan declarad thf s Rlesolutian duly passed and adopted this 8U. day aft >katruarm 2023. ATTEST: anette Williams, MMC ity Clerk C1TN1 OB SEBASTIAN, HIJOFRIIA B Mayor Brad ]tones ��o• Aflpraved as to Harm and Content fo�ci Reliance by the C-ily of S�tian 6;&Y7 City 37 of 60 2/17/2023, 4:34 PM Firefox HN: 35SN PG: a JI7 THIS INSTRUMBNII RB1IURNSI 110: Jeanette V1 illiams, MMC, City Clerk City of Sebastian '1025 Main Street Set astiari, Florida 32958 TH IS INSITRUMBNT F RBFARBD BY: Faul R. Gougulman, III, Bsq. Weisei Senota Helfman Cole 8 Bienmar, F.L. 2CICI Bast Browarid Blvd. - 190 Flow A. L auderidale, FL 33301 Property AprinaisEir's Identificail ion # 3'1-38-:16-0000(11-0000(ICIO-7. (I 3'1-X18-:16-OOOOCI I-OOOOOCI-10. CI 3'1-38.36-0000CII-0000000-1. CI 3'1-3EI-:16-OOOOCII-CIOOOOCICI-2.CI 31-38- X16-OOOOCI:I-CIOOOOCI(1-1.CI 31 -3EI-:16-00000:1-(100000(1-2. CI 3'1-38-36-00000;1-CIOOOOOCI- :I.0 31-3EI-:16-(10000:1-CIOOOOOCI.1.0 3'1-38-3EI-(100009-CIOOOOOCI--1.0 31-38-3EI-(100009-CICI0000CI- 3.0 31-38-3E[-(100009-CICIOOOOCI-3.0 31-38-3EI-(100001-CICIOOOOCI-3.0 31-38-3EI-CI00001-0000000.4.0 32-38-01-(1(1000'1-0(100000-. ,I.O 32-38-01-(1(1000'1-OCI00000-3.0 32-38-0'1-CIC10003-OCI00000-4.0 32-38-01.0(10005-0(1(10000-3.0 32-38-01-0(10005-OCICI0000-4.0 32-38-01-0(10007-OCICI0000--I.0 32-38-01-0(10007-00(10000-3.0 32-38-01-OCI000'1-00(10000-2.0 32-38-01-OCI(1005-OOCI0000-2.0 31-38-36-0(1(1001-00(10000-7.0 31-38-36-00000'1-000(100-10.0 31-38-36-00(1003-OOCICI000-2.0 31-38-36-00(1003-000(1000-3.0 31-38-36-00(1003-000(1000-4.0 https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... Manny Prion, Jr., C ity Attorney Cliiy of Sebastian '1229 Main StuEiEii Sebastian, FL 31958 31-<18-35-000(1(13-OOOCI(100-2.0 31-38-35-000CICI l-OOOCICI00-1.0 3'1-38-35-0000(11-OOOCICI00-2.0 3'1-38-36-0000(15-0000(100-2.0 32- 38-02-0000(13-OOOOCICIO-1.0 32-3EI-Cl2-OOOOCI5-OOOOCICIO-5.0 31-38-c15-0000(15-0000(1(10-3.0 3'1-3EI-:15-OOOOCII-OOOOCICIO-3.0 31-38-:15-OOOOCII-OOOOCICIO-3.1 32-38-C12-0000(11-00000CIO-1. CI 32-3EI-{ISI-000001-OOOOOCIO-2.C1 32 -38 -CII -000001 -CI OOOOCIO-2. CI 32-38-Cl2-000001-CI OOOOCI(I-3. CI 3'1-38-39-(100003-(100000(1-1. (I 31-38-":I9-(100009-(100000(1-1. CI 31-38-39-00001-(100000(1-1.0 31-38-39-(100007-(100000(1-4. CI 31 -38 -39 -0000074I000000 -'I. CI 32-38-01-(100003-(1(10000(1-1.0 32-38-01-CI00007-CICIOOOOCI-1.0 32-38-01-(1(10005-CICI OOOOCI-1.0 32-38-0' I -(1(10007-0(100000-0.0 321-38-01-00OC103-000(1000-2.0 U-:18-01-000CICI3-000(1000-3.0 31-;18-36-000CIC17-000(1(100-3.0 3'1-c18-36-0000(17-000(1(100-2.0 3'1-38-36-000005-000(1(100-'1.0 Set ail ianJAnnaxaiion 1 EI.P gt Final C L EP � Cl2/(IEI/;I(I;Fll 38 of 60 2/17/2023, 4:34 PM Firefox ]IN: 3551ST PG: 4 918 https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... ANN EXAT IC N AGRI313MENI FCR GRAVEST BROTHERS CCMPANY THIS AGREEMBNTI is mace and entered irdo chis cay 8 of FetruarY 2023, by Gra%es Brothers Corrpany, a Florida Conplaraiian, whose address is 277(1 Inc ian River Blvd., Shite 201, Veno Beach, Fl- 32960-423(1; and the City of Sletasiian, a Flonica Muniaipal Corporation (hereinafller: the "Clity"), whose addrerss is 1225 Main Sltreet, Sebastian, Flonic a :12958. RECIITALSI: WHEREAS, the City of Sebastian, a Florida Municipal Corporation, is specifically authorized FhrsLani to Section 17'1.044, Flonic a SltatL teas (2022;, to annex land Lpon the petition of the property owner; aric WHEREAS, Graves Brothers Corr parry, a Florida Conplaratiari, has petitioned the City for volt ntaryl anne)atiori of the Real Rrorlerly; aric WHEREAS, Graves Broi r ers Corr pany, a Flonic a ConFlarai ion, hereby afflirrr s tl- at It a Real Rroperi y rrerets all requirem erii s for annexation rIcrscant to 11 he aforesaid Section 171.044, Flonica Statutes 112022) and as cdterwise sed fort 1- iri Florica law and the City's Clodes and Crcinariaes, fon the %oluntary annexation of real property; and WHEREAS, Gla%E13 Bnothens Compariy, a Flonica Corponation, aric ife City desine to set farlh certain understandings wish regand to the pinorlosed tse of ire Real Rraperiy upon arinexation, and based tFereon, the paries 1-aredo desine to eriiar into itis Anne)atiari Agreemerii; and WHEREAS, Ite City fLdhen enders into chis Agreermerrii KµrRant to its CI-arlen and home nLle powers pursuant to Article VIII, Election 2, Florida ConstiiLtiari oil 1968 and Section 166.021, Flonica SltalLies; and WHEREAS, Graves Braiters Compariy, a Florida Conplaraiian, leigally iriaarporated by the Slearetaryl all State, Stater all Florida, whish aarporate ataren aric stancing with the Slate of Florida is cunrent active, and in good slaric ing, as a Flarida llar-prcdit aarporation; aric WHEREAS, Gna%Els Bnathers Company, a Florida Corponation, is authorized by Charlien E107, Florida Sltatuies, and its charer, ariales cd incorponation, and by-laws to execute chis Agreemerit; aric W H EREAS, Graves Broil- errs Clarr flany, a Flonic a Corponation, by execution cd this Agreement hereby afflirrrs, warrants to, and affirms il•Er Clity iFai it 1 -as taken all requisite corponate action io aprina�e the execution a111-isAgreement; aric WHEREAS, at the tirra all execution of i l' is L ri-arrended, base docrumerit Agreement, Graves Bnothens Company, a Florida Corponatiori, was and is the legal Cwrier of certain Heal Rnoperly (the "Real Rrapery") lacatec in Indian Riper Cot rity, Flonic a, whi& Real Rrorlerly is the st bject matter of this Agreement; and WHEREAS, Gra%Els Brolfers Company, a Florida Conrlarzdiarl, henety afilirms, warnards to, and assunes the City that it has legal marketable title in fee sirrple to ire Real Rroperty has lawful authority to petition for the voluntary annexation of the property set ilorth herein aric desirersr to annex iter Real Rnorleriy into the rr L rlicipal t CIL ndaniers of the City; and WHEREAS, saic Real Property constitutes 2,044.3 +/- annexed acres of properly within the SloLthwest anea of tl-er City of Elerbastian wl-ich is neasariably crompaut aric contiguous io the rrLriicipal bot,ricary of the City, aric will riot result in ire creation of enalaves; and Set aslian,Aninerxaliciri 1 FI.Agt Airial C LEAN (121MU20'1.1 2 39 of 60 2/17/2023, 4:34 PM Firefox https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... ]IN: 3551ST PG: 4 919 WHEREAS, the pariies desinei to enter into itis Agneemein9 rielailing Ila the ariney0lion of the Real Rroperly in order to achieve tll a Develorlmerl of the Real Rropedy perrr iited under Ari isle III of this Agreement aric all in the pnomotion of tf a public heallll-, safely, welilane, economic order, aric aeisthetics ail if ei City; aric WHERSAISI, this Agreement has been faL rid tlo be consistent -With 9fe City's ComprehensNa Klan and amendments Kleriding adaption theneto; and WHEREASI, on Fetkaryl08, 2023, firer Cliiy Council of the City of Eebasllian adoplied Crcinanae No. C- 33-07 approving this Agneemerl and dineating Ilf a CIily Managers 110 e)eocte 9fis Agreement as pnovic ed in Section 3.04(g) oil 9f a Cl` arien of the Ci9y of Set astiari; and WHEREAS, it is the intent allfa parties heneto Ila ❑e�elop 9f ei Renal Flnoperiy based on 9f a ienms cd ilf i;i Agreement; and WHEREAS, all parties tureio fa�ei, without cL ress, %oluntarily entered into itis Agreemerit. NICW, THEREFORE, in consideration of 11EN and 00/900 Dollars 11$10.00' and audairi o#er valuable consiceralions, eacif Ila 111 other paid in hand, the sufilicienay and receipt all of wfich be aric the same is heneiby aaknowledgec , ilf ei Kladies desining to be legally t ound henet y agnee as follows: ARIIICLS I RECIIIIAILS; I]BFINIMONSI Sectio ri 1.1. Recitals; Arc perties SIL biect to Agreemient. The Real Rropert y shall be helc , transferred, soic, conveyed, accuplied, annexed, and Elevelopec scbjec9 to chis Agreement. Eact aric all of the foregoing recitals (the "WHBREAE" alauses above,' are hereby declared to be true aric correct aric are incianporaleid f erein. Section 1.51. Detiniticns. In itis Agreement, unless ilfe context otherwise indiciaies, the terms set farlh below ane defirleic as follows: (a) "Af1londat le Housing" as definec by the Fec eiral 17epart merl oil Housing and Urban ❑ffielopmerit (HUO) and Charlien 420, Florida StOlOes, means that monifly rents or monthly mortgage Klayrreriis irialuding 1a)eis, inscnarlce, and Utilities co not exceec 30 panaerl al the amocril wfich neFpieserls the percentage of the mac ian adjL sted gross annual inciarrei for the hog sef olds. (1b) "Agnsumarl" meads and nellens to this AnrIEDaiion Agreement and as the same may be am endec from tim a I 9 irr ei. (c; "City" means aric refers to 1f ei City of E ebastian, a Illorida Municipal Corponalian. 11c; "Commercial Use" meads Re portions of the Real Rropedy irilarlded is be Developed with professional Officia or netail Clommemaial Develapmuml as Fpia%ided in the Laric Develorlmerl COcel. There may be one on mone Clorrrrencial RarcellS whiaf are pnedorrinantly connected Wit ilfei sale, rental and distribution of produce, or performance of services. (e) "Compatibility" on "Clarrpaiible" is definec as the afaracienistics of difllerent Lees or aciKities or design which allow them 90 be laaaled near on adjacent Ila each other. Eorre elements affeating aorrpaiitility inalcde the following: height; scale; mass aric bulli al strtciunes; pedesirian or vehiaclar llnafflic, ciinaLlalion, aaciess and panking irrKiacls; landscaping; lighlling; noise; acor; anc anchiiectural style. Seitastiam Arinexatiari 1 ELP cit Rinal C L EP N OZ108A2023 3 40 of 60 2/17/2023, 4:34 PM Firefox https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... HN: 35SKl PG: M0 CorrpalibilHy toes not mean "ihEr same as." Rather, it refers la -the sensitivity of Developrrent proposals in maintaining the ch araci err of Er} i;ling DEry Elopment. (f,l °Coriar.rnericr)" is the legal requirElmEirl that specified Publia FacillliElEl (rEraneaiicin and Cperi Space, potable water, reuse water, sanilaryl sewer or Wa;lewalEir, ealid waste, Storrrwalen Managemerii System, and inariarlorlation; be provicad for, t) an entity to an acopied Lev El oil Service. ilg; "Coriserviation" refers to Ernvironmentall) sensitive areas chat resarvEls aric nestricls Development on chose lands in orcerto proiecit the envirarimerilally serrisiiiver lands. #: "Consistent with the Carr r1n& ensive Rlan" rr eans a condition in which Laric Lees or aoriditions clan co-exisi in relative prcr> irr ily io each other in a alable fashion oven lime SL(Il' tt a' no L ser ori aoridition is undo 1) negatively impacted dineatly or indineatly by anoth er L se ar ciaric ition. A Development sr all to aorisistent will- the aampratensive plari if the Laric Uses, censities or iniensiiiers, and olter aspa(ts all DENElopment perry itiec by sc(It order or regLIa'lion ane Clamclaiible with aric st bMariiially furter 1hEr poliaias, Land Uses, derisilies on intensities, capacity on size, timing, and otter asplecis of the DevelaprrErrii in the aompriehEinsive plan, and if it rreeils all otter cniienia enumerated by ilia Cliiy, inclt,cing the Laric ❑evElopmerit Caces in efileci ai cher lirra of issuance all a Final ❑e%Eloprrent CrUir. �Eie §§163.3164 aric '163.31514, Fla. Sta'I. Ili; "County" rreans and miens to Indian River Cot,rrty, a political subdivision of the Slate of Hlorida. Q; "Density" is Msec as a meast.rEirrEirl cd the number of Melling Uniis Klar gross acre of larid. (k) °DeveloclErr' is cine who actually Devalops, ar has the nighi to Develop, arty gcirlion cif the Real FrorlErrly 110gardless of size. A ❑e%Eloperi rra) also tEi ari Cwner of all on a porion cif the Real Rrapery. (I; °Develoklrrerl" all la "Develocl" rrEians aric is dEiflried as sac north in Sections 163.3164 and 380.04, Flonida S9aiutes, as americed, on SLperseded, frorr tirre to tirre, whish is sErt forth tEllOw. The constrLoliari, raacinslnLation, convErrsian, slnuatural altaraiion, relocration or enlargement all any sint.crture; the rr aking all ari) material ch ange in the use cm appeananaEr of any siruClL re or larid, ar ihEi dividing of larrc into three cir more parcels; ari) mining, excavation, landfill or laric cisiLntance; aric ari) nonagricultural use or extension of It e use all land, aro all acity iiies incdt ded within the terms "Developrrent" on to " ❑av elop." Tt e llerrr °Develorlmerii or to "Develop" includes recevelorlmeni. Me farm "Develorlmerii" or la "Develop" shall inalL c e cciri;rinucrtion withiri ari) put lic Right till VAay ital is dedicated, aariveyed, on propasElc to be conveyed or dedicaiec to the pr, t lit or to a governmental eniiiy. "DevelcrpmEin-l" shall tEl the planned or actual acct clil plaairig Develcrpmani on th a land, cronsisleril with Clii) Code and Florida SiaiLtes. (m; "M%Eilopmerit Crcer' rreans any ondErr granting, denying, cir chanting wish conditions an application ilori a Develorlmerii Rerrrii. See §'163.3'164, Fla. Slat. (n) "DERElopment Perrrii" includEis any building permiil, zoning clarrrii, subdivision approval, rezoning, cerliilication, special exception, ciariditional ase, variance, on any oilier official action of local government having 1 h e effect of clarm itl ing 1 h e Dav Elopment all laric . Seo §'103.3164, Rla. Stall. (o) "Dwelling Unit" is a room or group till noarrs forming a single independent habitable r. nit tsed far ar intended to be tsec fon living, Eileerling, sanilalicin, aociHng and Erasing punrlasas t) arae (1; family only; for ownen occupancy or Ion rental, lease or tilt er ocrcrt, pane) and cionlaining iric eperic ent kitcheri, sanitar)l and sleeping facilities. A Dwelling Unii per dross acre is also a measLne of ❑ensit). SebastiardPrinexa iori '18.Ag' Firial CLEAN a2/08/203 4 41 of 60 2/17/2023, 4:34 PM Firefox https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... ]IN: 359q PG: 101 (p; "Final ❑evelopment Crcer" meians lite issuarice all a Develorlmerll Orcer far a clliler Rlan cir in the case all a Residential Use for Single-Farrily Dwellings, a DeveloKlmeini Cnder for a final Plat. In certain criers as splecifiaally slated in itis Agreement, a Final Develarlmeini Coder may mean a builcing permit to ciammencre constrL alicin of a struck re on built ing. (q "Floor Plrera Ratio" or "FAR" is a measurement all non resitential Development which represenils the gross floon area of all t L ildings, sln. citunes, ar similar as acrmFlared io tt a total area of the rlroperty an whicil it is located. The Floon Area Ratio is a ilraction, lte numerator of which is 11te gross floon area of all 111aors in strucll res arld h ist denominator of wt ich is it er squ are loaiager till ilt a property. The ratio is meant red in sqc are feet to 1 t e area cd a Real Rrcrlerl y, erg ah ding ariy boric s on inansferred 111aor area. il( "Gneeri Irlfrasllrl ature" refers to ecolaciical systems, bolt rlalt. ral and engineenec , thall aci as living irilrastrLCILiie. Gneen InfraslnLcrture eleimeriis are planned aric mariaged pnimanil) fon S1laomwaten ciorllnol, but alsci e�tibit social, economic and envircrrimental benefits. its) °Imrlacrt Fee" meians a fee levied by lite City, cir cilter clovernmenlal entity, on new Dery elopment so that 1 t e rlelw Dery elopment pays ils propartionaie shave of 11-a cost cil new or expanders RL t lit Faciliiiels reqs fired io service chat Develorlmerii. ill) "Indusloial Land Use" or Inc usinial Use" means the parlions of iter Real Rraperty iniericed to be Developed with aciiviiies rinecominantly connected with rranufaaiunind, assembly, rlraaelssirig, ar slarage al products, which are defined heneiri as an Iric usinial Use. there may be one or move Indusilnial parcels. 1111.; "Heavy InCLalrial Land Use" cir "Heavy Industrial Use" refens iia an IndLstrial pnorleriy sutlype in which iter rlrciperty is occupierd by_ tale or mare ienanils and the pnorleriy is utilized for heavy indusilnial purposes, i.e. Leavy manLfaclLring, rleinoleum rlraducls, cremeril, neaycliricl cierilen, and titer uses, all of which H eav} Industrial L nes must be consistent with and as provides t y Electiari 54-2I-S.6A of 11t e Land Dervelopment Clade of ill a Cliiy of Sebastian, as americ ed, on supensedec , frau clime to lime. Iw) °Inlraslrccitune" means and refers to chose man-made strc(rtures which serve itis common needs of the rlcrpulation, spat as: roadways, Wastewaien ar sewage, Sltormwaien, Wasiewaien ireatment or disposal systems; rlcdatle or reuse water systems; potable wailer wells serving a sysierm; scdid waste dispasal sites an retention areas; Storrrwaien sy stems and autlall; Utilities; bridges; arid, roadway s. Ilw) "Institutional land Use" means ite portions of the Real Rrciperty iriiericed la be Developed with facililiels providing a govenrimerii or pLtlic semflae, necmeaiicri, certain Infrastructure ❑evelopm ents, or Conservation, w hitt ane c efined henein as an Institutional U ser. lit ere may t e one or m ore InsliiLtional Rarciels. (jx) "Land ❑evelopment Code" mearis arcinanees an nesalulions enacted by the City Counail for the regulation of ariy aspecil of Developmentl and incdLdes any local govennmerii acining, nezoning, subdiv inion, built ing constrL cliarl, landscaping, or sign regr, talions or any oilt er negulations controlling Ile Development al laric, or as arrerided fram time to time. 'lee Land ❑evelopment Clode and §163.3164, Flonica HI Eli L tes. (1y) "Laric Use" mearis itis Development that has ocaUrerc on 11t a Real Rrorlerrly, Ile Develcipmenl itai is rproposed ty a ❑evelorlen on lte land, an the use ltal is permillted cir permissible cin lte laric uricer the then c!Lrneriily efilecitive aompneternsive Alan or elemerii or portion hereof, ar Ite Land Develaprr enl Coc e, as the context m a) iris icate. (jzj "Level of Service" means and refers to an inc icalan of tl a extent on c egree oil servrice provides b} or proposed to be pnovic erd by a facility based on aric related 1101t er operational al araclenistics of 111 a facility. Level of Servricie shall indicate the capaciity per L nit of c errand for eaah Publia Facrility. SebasliamArinexaiian 1EI.Pgt Firial CLEAN Q2/(IEI/2(lacl 5 42 of 60 2/17/2023, 4:34 PM Firefox https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... ]IN: 359q PG: 102 (aa) "Loll" mearisr and nelens to a parcel cd land of all least sufficient siaer lci meet minimi.m zoning anc Laric Develcrpment Coce reqLirement:i, in existericie all ite lime of Rlatiling ar Develcipment, Ion use, cioverrage and anea, aric to provice Slur yancs aric aitar Operi Spacies. (bt,' "Low Impact Design" means systems and pracilices hail Lse on mimic nallLral processes throi.gh incmemenial 1lreatmenl al Stormwater runcifl iltat result in iter infiltration, evapiciinanspiratiori on silarage of Stonmwater in order to proileci waten qualit} arid associated agLalic tabitat. (cc; "Masierr Rlanning" cir "Maslen Rlannec" rrerans creaticiri of illusiraiive plan decliciing the Real Rroclarly and looatiricl DEI\ elopmernll anea, spine roac a, anc assigning irilensiVy aricilor densiVy la the Develapment area. (dd) "Marls ilacitured H aL sing" means a Mobile Home fabricated on on after , L rie 15, 1976, in an ofllsite manLfaoturing facility Ion installalian ar assembly all the built ing site, with each seclicin bearing a seal ceriiNing chat it is bi,ill in compliance with the feiceral Mani.laatured Hame ClonsiIII. ation avid Eafeiy Standand Plot. (ee) °Mieec-Use Developrrail" means anc refers to a type of Develoclmerrl that combines a rri) cd uses itai shall incli,ce a mixli,re cif residential, affice, ciommercial, recreational, limiiec industrial aricilor insiiii.ticirial uses within oriel t t ilding or rr t Itiple be ildings will- c ireci pec eanian acoerss between t ses. Pisa, a Mixed -Use De%elopmerit may encoi.reige town centers along rrajon arlerial inanarlariation corridars. (ffl "Mobile Farrel" means a residential strL ciune, irarisgcidat le in cine or mone oeciions, %hi& is 8 Cody feet ar more in width, aver 39 tact' feet in length wilt the hitch, bLilt cin ari iriiegral atassiu, designed io be used as a dwelling when connecited to negLired Utilifies, and not oniginall) sold as a recreational vehicle, and includerSi the plumbing, heating, ain-condiiicining, and electrical Siystem a contained thenein. ilgg) "Multi -Family Dwelling Units" means three or rrare atlact ed dwelling units either stacked verlicialll ato%a one arioiter arid,lar atlacited by side on rearwalls. i1hh) "Open Spaoails)" means and refers is lands si,iiatle for passive neaneation, Clonservaiion, Sltormwater i.SOS Qirialusive of lakes and canals( as furl ter deflried in this Agreement and in the Cliiy's Lanc Development Clac a and Comprehensive Plan Site Specific Policy 1-1.7.1. ilii) "Owner' means and refers icr Graves Broiters Clarrriany, a Flonica Corporation, arclanized Lrider ite laws of the State of Flonica, the record owrier of the fee simple title 110 iter Real Property, less anc e� cecltirig all ROW, and lo itsr on tt eir st ociessons, t airs aric assigris on Ilt a Developer. (1j) "Planned Unii Development" or "I119UD," is a fonm of Develoclmerl recognized frarr time to time wilhin ilhe City's Land Development Clode as a specific implemerling coning disiniot and whist aneales a Rlariried Developrrerrii. Dervalopment Thai is ce:rignec as a unit, and which stall include only one on a mixture of Land Uses, and wtich generally avoics a gridinori paitenn of sineais, and usually provides aommon Open Space, recreraiion areas or olt er amenities. Reiquinements incli,de SL brr ission and nevierw of Site Rlans as part of ltei zoning or rezoning I a RU D zoning district. I1kk) "Planned Develcrpment" is land itall is under Lnified control and plannec and Develaped as a whole in a single develoKlrreni orleralion or a defrniiely pnograrrmed series of De%elorlmerit openations. A Rlarined Development includes principal aric accessory sint,citures aric uses Srt.bsiariiially nelaiac to the characiter arid Fh aclases of tt a Rlanned Developmerl. A Rlannec Developm enf is oonstrucled aacondirig to compnetarisive and celailed plans wtich irialLde not only streets, Utilities, Lots crr builcing sites aric rte like, bi.i also Site Rlans and Hoon plans fon all buildings as intended to be looated, conslni,ated, Lsed and related to eaot other, aric ceiailed plans for clten uses and improvemenle on ilte land as relayed to rte ttildirigs. Eletasiian/Anne)aliar 1£I.Ag1 Hinal CE EPN O.I 00023 43 of 60 2/17/2023, 4:34 PM Firefox https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... ]IN: 3551ST PG: 903 (pl; "Rareels" means any contigLCIL s quantity of land aarlable cd teing descrited such tt at its localian and boundaries maybe eslat lished, ihai is c esignated by its ownerlls) or c evelorlerils) as land is to used or c evelorlec as a unit, or it al has been used or de% elopec as a L nit. (mrr; "Rlat" shall to defined as a rrap ar delineaied represerlation of the subdivision of land ar lance, being a aamplele e)ac1 nerIneseniatiari of the stbdivisien and oiler inforrraiian in compliance wilt the requirerreril of all applicrable sections crf Chapter 177, Floriica Sltatuiesr, as americed llnom lime to time, and City subdivision regulations, in effeat al ite line of plaiting or neplatting of a particular Develaprrenl. llto term "plat" st all inclL c e a replal. See §'177.031, Fla. Etat. (nn) 'Ablic Facilities" or "Public Faci►it)" rrErans ALtlicly awned InfrasirLature including, rigtts-of-way, roadway or lransparlation systerrs an facilities, sewer or Wastewater systems or facilities, solid was'le syslerrs or ilaailities, Sicrrmwaier facilities, drainage syaems or faciliiie:r, potable an reuse water system s or facilities, educalional systerrs ar facilities, panks and neerealiari systerrs ar facilities and putlic healit s) stems. (oo) "Real Rropedy" mearis and refers io all such existing real property cis described in B)Hbits 'IA 81 19, attached hereto aric by chis reference iricrcrrporated terein. To the eAerit that the written rreies and bounds legal descrirltion and ite rliclorial sketct conflict, ite sketct shall surlersece the written rr eles and boL nc a legal description in interpreting tt e c escripiion of the Real Rraperl y. (pp) "Residential Larid Use" ar "Resicential" rreans ite rloriiaria of 1e Real Prapert) intended to be Dovelopec wilt a residential Lse, for use as dingle Family Dwelling Units ar Wli-family Dwelling Unita, whist are definec henoin as a residential LSe. There rray be orae on more Residential parcels. (qq) "Recreation Faailit)" means a corriponerl of a necneaiian siie Lsec t) the putlic stat as a trail, court, park, att letic field, swimrri ing pool, or for ite rlL rsL ii of leisure iirre activities scat nring in an indoor or CILidaar setting. (rr; "Rigt 1 of My" mearis and rellens to land in which the slate, a caL nfy, a rr L riicipality or a special or im proven ent district, holt s tt a ilea simple title or t as an easerr Erni, or dere icated rights of L se, requined for a PL t tic L se. (say "Sirigle Family Dwelling Uriii" rreans a struclLne containing a nesicential single family Dwelling Unit aaaurl) irig 1 t e bL ilding from gncL nd to roof. (it) "Site Plan" means an illustrMEnc propasal for It a Development or use all a pari iculan rliece cd the Real Rroperiy. The 'HIL stration eansists all a marl or 4eiat all haw ite Real Rnoperly will appean if the Develapment proposal is aaaepiec by tte Cily. 11tEr regLirerrenta for It contents of a Site Rlari are as sei forth in City's Land Develorlrrerii Cade, as arrendec Brom time to time. The Slite Rlari regulations arlplicrable to Developmert of a speeiflc parcel of the Real Rnaperty stall be those in eflIect at lte lime of appnaval of the Slile Rlan t) the City. 11L u) "Stormwaien" rri eans and refers to tt a Maw crf water whiat results ilrom and wt iat aeaL ns irr mec iately after a rairllall ErvErrii. iwv) "Stormwaien Management System" means and refens io ,I featL re on facility which collects, coriveys, channels, talds, intibiis or diverts tte moverrient of Slionmwater shall to inclLSINEr of Beal Management Rractices @MR). I1ww; "Utility" inalt des but is not lirr ited to gas, wafer, re -use water, sewer, telephone, power, Storrrwaier drainage, and cat le ielevisiion. SEit asiian/Alnnwation '18.Ac11 Hinal CLEAN M108J21023 7 44 of 60 2/17/2023, 4:34 PM Firefox https://ori.indian-river.org///DOCLI lent/GetDocumentForPrintPNG/?req... HN: 35SKl PG: 5114 O); "Wa:dewaler' means the spent water of the comms nity aampinising 'ite ligcid and waien- aarnied wastes ilrom nesiceritial uses, commeraial uses, industrial uses, and ins'liiLlianal Lses, logeiter with miriorgLan'liiies of ground and surface waiens ttal are not admifled in-leniionall). ARTICLB II AN N BXATION E ection ,'11. Retition ilo Arinex. 11a; The Owner t as voluntarily SL t mitllec to the Ciiy a formal and nevised Pei ition or regL est ilon Annexation of the Real Property. This Agneement memorializes ire e)isting Peiitiari to Arine) t tte Owner and constitutes a Retilian io Annex the Real Rropery. The Cwrien warranis tial -Ite Retition hasi teien e)eiacted by all of the exisiincl fee simple title owners of neaond of tte r1cidionlIsj all iter Real Rroperty 10 be annexed and has been filed wiilt tte City in compliance wish any and all appliaatle reqLinements of law, including, bit rias limited 'a, Ctapler 111, Flanica Slatutes. 1lt) This sub-seciiari ail the Agreemarl represents aric includes findings by ilei Owner and the City that: (1 A sutstanlial portiari of the boundary) of the Real Rnorleirt) is sctstanlially contiguous to the City's aarflonete bocndary. "Contiguous" is defined as set ilortt in :eciiori 171.031, Florida Sl atu-1 es; (2; The Owner, for itself and the Ce%elaper of sant sLbcivi:iion or Paroal of the Reid Praperty, ail its sole e) pence, inleric a to provide adequate Rublia Faaililies fan ite Real Rraperty; and (3; The Real Rnorleirtj is ideally sL iiec for annexation into the CIily c L e to its proximity to 'Ite Cit} and adjacent tran:ipartation aarnidans and Publia Faaililies; aric (4; The annexalian will yield sutstanlial teriefltsi to the Ownen, the Cily, and ia'ite Real Rraperty in the form of planned Mixed -Use ❑e%elapmerii, ari increased tax tase is the City, ConseNialian of natL ral hat fiats, Open E Klaae, aric inaneased employ merit apportL riiiies. (c The Annexation pe'iiian to annex a Florian of the Reil Rroperly may be withdrawn b} Ite Owneir ail that portion of the Real Rropery al ariy time piniar io final appina%al of ita annexatiori orcinari(Iei per ainind to it ai portion of the Real Rroperly. If the petition is withdrawn, it is Agneement is t ereby ienminalec as to itai portion of the Real Property, and the paries tereia shall not be bolnd b) this Agreement wilt reganc io itsi application is that Flartion of the Real Rropert}. Howeven, ria application feesi on other type of fee ar atarge paid to the Clily ar any othen ga\ernmerral entity, or otligated to be paic to ite City on atteir governmental erdity shall be nefuric ed, and the Cliiy shall to releasee farm arry Hat ility far ltei release of Ite abligaiian ar refLnd of the fee on ctarge by 'Ite Owner. This provision shall survive the lenminalion ail Itis Ag raem eni . Section 2.2. Clonsideraticn of Petition. llte City shall tape the full aric aomplete right io deiny annexal ian, defer anne)ation, ar apirpove annexation of the Rnopert} on any partiari thereof. By e)e(Iction heneof, the Cwnen underalands and agrees tha!I tte City makes ria represeniaiiari as to ite suitability on legal appraprialeriess of the Real Rropery far aririe)aiiori on'Itai the City will armex the Praperty al arry time ar tased c pon arry spe(iifla aaric iiians, a) sept as of t emiise :iel Horth t emeiri. Election 2.3. Cooparaticn. The Cwrien agneeis to cooperates in ite praaess of annexing the Real Rroperty, baseic an ariy time schedule, as may be requined by ite City in its sole and absolute discretion, sLbjeci to ite provisions of this Agneement. Aririe)aiian of any part or partion of the Properly stall nol nelie\ei the Cwrien Sat sslieri/Anne)ation 18.Ac11 Rind CLEAN 02,108d2023 0 45 of 60 2/17/2023, 4:34 PM Firefox https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... HN: 35SKl PG: 3115 of its obligation to cooperate with the City in, and to keep alive the Pe'liiian for, Arin0ation of all the Real Rroperty, on portions of the Real Praperly. Election 2.4. Litigation. SIh ould any "party of ied," or as defined in CII-aplen 171, Floric a S'lalues Qan any successor statute;, file a legal action witl' a court of aompetenl jc risc iciion contesting the annexation of the Real Property or this Agreement, the Owner, at the requesi of the Cliiy, agrees to participate in defense of the annEDation and this Agrerermerit. Funkier, with regard la any attorneys' on paralegals' fees on catrt oasts, or adverse jL dgmerrd, in(lL nned by the Ciiy directly relailing to its deferise of arty lawsuit wish 'Ih e City, if ariy, nelzitirig to con'lest of the arinexalion hereunder or this Agreeni ihel Ownen agneas to iriceirrniN and save harmless the City for the paymeni of ariy claims or carrades, as wall as ariy court aosis, adversejLdclmerit and attorney's aric paralegal's lees, irICILrned in defending saic acitiori or as a direct or indirect result of saic action. As used herein, 'Ite Term "defense" shall include any caLrilen-claims, appeals, or cross-appeals. As used heneiri, neference to ablorney's fees on panalegal's fee shall apply to both trial aric ariy appeal and to any negotiation of setlleirrerit of claims relating to this Agreement or any arirne)aiiori. The Owner will have to rrai any payrrent 10 ii City within len ill cat's of receiving any invoices fram the City pertaining is ariy alairra an damages, as well as any eour costs, ac�ense jLcgrrent and attornery l on panalegal's feeEi, or court assts, as stated atci�e. llhe City, al i1 sole cast aric expense, will have the authority purse aril to this Aclraerrerd to slain ih a legal coLrlsel of its choice. AR111CL8 III DEVBLOPMEN11 OF THE PROPERTY Section il.' . Development Plan. (a) Future i elopment Rlanning. (11; As of the Bffeotive Date of the oniclinal, un-americed Annexation Agreement, thene is no graphic or written version cd a De%elopment Rlan for ire Real Rroperty. The Cwner/❑eeeloper agrees 111- al this Agreement does real authonize approval of any specific Development Crcer, sutcivision on Site Rlan proposal. Howe%en, the Cwrler and any De%elopen of any portion of the Real Property, agnees that minimum standarc s in this Agreeirr Bird shall gL ide and bine the ❑evelorlrrerd of the Real Property . (12) llher CWnEIr and the City agree that due to the size of the Real Property and its location, that Development of the Real Rnoperiy shall to Master Rlannec thror.gh a i Use RUD zoning on a minimum cll 400 acme Rarcials as pan of 'Ile Rlarined L nit De�eloprnent (PUD). Develapm en'I of tki a RElal Property ski all consisi of a well-planned, sustainat le and integnated sy stem of Land Use; aarisisierll with Future Larid Use Map (FLLM) and City Cndinance C-32-13, Isee Section (1b)(12) a. ihnaLgh m., mina; containing a mix of Residential aric ricin -residential uses. Ilk; Corn preherlsNa Rlan Larid Lse Designation. 11i City has 'Ai action to designate the Real Rnorlariy on the Future Lanc Use Map (Fi of Re City's Clorrprehensive Rlarl as i Use as provided in Rolicy 1-1..1.6 of the Fr,ture Lanc Use Element. (1) MIAeC Use (MU) ❑eveloprreril. llhe Real Rrapery shall be ❑e%elopec Consistent wish the ClomprehensNe Plan FLILlle Lanc Lse Classiliclation in effect and accorcing to Flonica Slatutes at li time of Develaprren'I as celeirmirled by the City, and in no event will the Real Rroperty Development exceed the maxim L m ❑ernsi) and Intensity of Use in this Agreement, and will satisfy all other requirements cd this Agnearrerd. The pcnclase of Ille Mixed Use designation is to provide a rrixlLre of Residerllial, Corrmercial, rearealional, Industrial, Heavy Iridii.sirial, and Institutional Lses and promote town aen'lers along major arienial connic Oro. Sebastiari4Prirexadion 18.Ag1 Final CLEAN a2/CI8/A0213 9 46 of 60 2/17/2023, 4:34 PM Firefox https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... HN: 3MSI PG: 3116 T17 El Cletielopment of the Real Rnorleriy shall be Master Rlannec as a RUD on a miriirrcrr of 400 acre Rarcels. "ithin the real proper y, a range of Mixed Uses consis-ling of 60%-80% Resicen'lial Laric Use eaieclories :hall be balarlCIEIC wilt a m ixiL re oil non-resideinilial Land Use categories with a narige of 20% - 40%. ❑L ring ire RUE] process, it acmeage wilt in It RUD stall be a mix till uses includirig Residential, Institutional, Commercial and Iricu:drial. 1Rle Resideriiial Land Use on the Real Rrapery shall incicde a ianclei mix of 400/a M0c ium Density, 40% Law Density and aCl% Very Law Densiiy for the purposes all calculating permissible density. Densities may be inariEdenned wilt in each RL D parcel, on ocisidei is oiteir RU ❑s with in the Reial Rroperly, Flre` ided the Residential Land Uses nariclei is not eDceeded on ite Real Rnorleily. There shall be a minimum 9CI% Open Sclaeei requirement fan the ResidOriiial propleiriy. Nari-residential Land Uses rray include Lrl to 251jo Multifamily Residential Uses. Notwiilstariding ariy otter provision in this Agneerrerii, Ili Derisity penmitieid on the Reial Rnocleidy sihall be the allowable Densily pen the lirriiirig factors as norther definec in tl is Agreement and iri the Clily's Land ❑e�elopment Clcce and ClorrprehensNe Rlari Site SFleicific Policry 1-1.7.1. NaNdihstanding any oller provision in chis Agreement, the rra)irrcm Density ilon Residential uses is 10,794 Lriills (an average of 9.28 du/ac til ite Real Rnaperiy). Naiwiihstanding any ashen provision in this Agreement, the ma)imc rr Iriierisily on Commercial Use shall be 0.6 FAR, and 'Ile maximum Intensity on Inds sirial Use shall be C1.5 FAR. llhenei st all be a miriiML rr 30% Open Space requirerreirii farthe IndLarial arid Clommencial Lses. (2) Clomprehenske Rlan RegLiremen'Is. llhe Cliiy has aplrlro\ed Ondiriance 0-20-13 as rlart of the CorrpreherisNe Rlan whist incicces the following principal;i of Mixec-Lse Developrreirii for Ile Real Rroperiy. These princirlles stall llcrihen guidei aric Lind Develorlmerii of ite Real Rnapery unden ite Compneten:iive Plan Sliie Specific Rclicy 1-1.7.1, as amendec fnom time to time. 111`0 Owner agrees to and consents to ite site specific policy as set ilorlh below which is the policy adorliec by lte Ciiy Counail in efilecil at tl a lime of consummation of this Aclreerrerrl in its original, un-arrenc ed ilonm, what is se -1 fort below. a. Reaoning of the pnoFleiriy stall be done through a Rlannec Lriii Develapmeni process as d0senibed in Ad isle XX till it e C iiy's Land Development Ccc e, as am ended, or suFlemsec ed, fron' tim a io 1 in' G. b. Fcusing )rlesi shall be mixec to meet various income levels and lifestyle etaices; a mix of Single Famil} Dwelling Lriiis and Multi-Farrily Dwelling Unils (ile "Dwellincl Lriils") consisting of a \ariety of lousing cl oices in order to achie%a the rri) of t ousing required ilon afilondability arid accessibility will in a rrirec ase develarlmeri1l. The hoc sirig mir tartlets 40% Medic m Density LID to 10 c nit&lacne; z 0% Low Density url to 9 units lacme; and 20% �eiryl Low Densily c p to 3 units)laane, including ai least 9 flaraerii (5%) and up lo 10 percent Q'10%: of the Dwelling Units ori the Real Rropedy as beirig Affcrc able Hoy sing. c. Rrovisian for future dediaation of Right ciil "ay, al ilei time of Deveicprrent, io it a EDierit requinec for the Development aric c pon rrctual coriserl of the Cwneir, sl all be inansfenred lo the apcpiopriaie eriiiiy lo prorroie an interconnected, elxiericed and improved grid road system, along Wit a well-plarined iranscladation system of mads aric streets tl rougtaui Oe Real Rncpery, iri aoarc ination with Ili CaL Wily, io specifically include 84" A` enue, 8151 Sltreel, 77th Street, aric 73r" Sireie'I, as well as 74t' Avenue. d. Provision shall to made on the Real Propery for a mixed-use 11owri COrilen" area intro ing an acike street frontage or context sensitive sineei design, corn patibiliiy of central iteirrei on design chanaciler, aric a compneleinsive irarisclarlation network that promoies walkability thn compact Development aric pno�imiiy of strucicnes, nec uces acio derleridence, and eannec'Is to state arid local inansplarlation corridors. Ell. -no the exierl requinec for and al it a time of the Developmeni, future c edication aric dariaiion of Insiiittional parcels rray be requinec as necessary for governmental :ier%iices such as Flosi ofiiaes, publia safety, schacls, etc. and RL blia Faailities itai ma} be needed ilon inareases in necessary seNiiees, as icemlified Set aslian, Amneaaticri 1 £LF gt Ririal CLEAN 0110812023 10 47 of 60 2/17/2023, 4:34 PM Firefox https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... ]IN: 3551ST PG: 907 by concurrency arialysis in acaarc ance wiilh the City of Slebaaian Land Developmeril Codes and C ndinances all the Iime of deo elopmient. f. Sltrategic assemt ly of aamimierce and indLatrial development aorisisient with the City's Carr Klrelhensive Rlan Mia ed Use Land Lae. g1 To the exllErni regc fired for and ai Be lime of the Develoclm eri 1, future dedication on conveyance of Cariseniaiion lands is apprapriate erility io inalLde any nalLnal areas of significant irrirlorlaricle, and ll -e pnorision of greeriway trails io pnomote a systerrr of conrieclivily and access consistent wish the Cliily's Compnel-ensive Rlan and Land Develaprrerit Codes. h. To the extent negL ired far aric at the clime of the Development, dediaalion ail City Park and reanealional lands above what will be required in the incividual nesicential subdi%ision develoclmenis. Allocation of parks and recrealional lands consistent Wit the City's Compneherisive Alan and Land Develaprraril Codes sped flaally: a minimum of 3 acres per 1000 residents oil publicly aaoessit le recreation lands, aric a minimL m of 2 aanes pen 1000 resideriis of other neaneal ional laric s. RL blicly accessible lands shall be c eElignated at the time all RU D zaning and may t EI conveyed to the City. W a dedicated lands, stall count towands fiber negL ired aggragate orlen sKlacEI negtired farihe Heal Rroperiy; i. Increasec br,ffers adjacenil to low c ensity aneas outside of the PUD area shall be in accordance with existing Cli) Laric Development Caces. L As a contiiion ail I'Liure Develarlrraril of the Real Properly, lh a Ownen sh all provide sufficient land area for RLblic Facility INInastruclune regtired to support the Developmenil aric mandate hook-up to aerilral potatle water and wastErwater sysriems ilon all new Developments on the Real Rroper y prion to neceN ing llinal Development Orcers. Therefore, the proposed developmenl of any portian ctllll•e Real Rnot`lerly mr.st provide sewer/wasiewaler, reclaim walEir systems and Storm water Manaclemenil Systems, aric waien ser%iice as a condition of lievelopment.-11hese services m1'eay be providEnc ty a County however no septic systems wor.Id be allowec in aclaoricance with City policy and lanc development cotes. k. lire Klroperiy shall be Masiler Planned on a minimc m of ria less 1h an increments or units of 400 acre Parcels as Klart of an overall Rlanned Develapmeril projecri u;iing ilhe RLCI zoning cialniat and process, and shall prarrale Gneen iriilriastncir.lie through a corrrlrehensive plan of corineciled Sltormwater, greenways, and C flen SrIaeEr that rinar ides for wildlife habitat, Sltormwater Managemeni System and recreailional Orlrloritniilies inciccing Low Impaet Design and Besil Managemeril Rracdiaes. I. Th a Real Property shall consist oil a rr i) of t sas consisting of 2(1.40 percent nori-nesic ential gross aaneage to EIO-80 percent residential gross aaneage, with ilaat that Open Space requiremenis rrL st be satisfied. M. We Real Rnorlerty Develorlmeril shall have a minimum aggregate toial of 50% Open Space fon Residenlial Land Uses and 30% Open Space for non-residential larid L sErs in aacordanae wish Slec. 54-2- 5.10(c; Cily Land Develapmeriil CodEr, inclr,c ing but nal limited to eaaP of the follawing uses which sh all qualify 10 meet the OFlan Slpaae regLiremeni: conse"iation and prieserwation larid; greeriway s aric trails; all parks whether passive ar recreational; all common Open Space; Sltormwater r,ses (inchrsKe of lakes and canals), wetland preservation, pnesermation of h abitail for Rroteclec Speaies wt ich is left L ric evelorled, anc arty Klerniious Florlions cif ll-er Real Rroperly corNEly ed to Ther Cau nlly or City for a Wastewater ineaiment Fllant, schools, ilirel stallion ar palice station. SebastiarkArnexalion'13.Ag1 Final CLOAM 11 Cl2/(IEI/3(123 48 of 60 2/17/2023, 4:34 PM Firefox https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... ]IN: 3551ST PG: 948 qa) Any nesidt ary arr ourit of the Real Rroperty rerr aining after tf a PUD C M elopment Renmitting of all pl- aseis of the Real Rrorleirly, the Ownen/Develaper agrees Thai 11- use resic L ary Fpicperties shall to submitted for Develorlmerii and specific Land IeveloFlmerii consistenil with 11re acjoiriing property. Ild', Consistency wiif CompreherioNe Plan. The Rariies agnee ilrai as required ty Flonica law all Development ciansiruclled on #e Real Rroperly rrLst be Consistent with Ito ClomprehensNe Rlan, as it exists at 1l- a time al issuance of a Final Develapmenil C nc er for the particulan Develeprr ent that is Vl- a sL tjecll of the Final C evelopmerit Orden. See §163.3'194, Fla. Slat. (1e) Mobile Hames and ManufaClL red Housing. (1) Naiw0standing offer Flrc%isiions in Ilfis Agneemerl, Mobile Homes with or withor.t essentially flat roofs rray to located on ariy Raciel of the Real Property fon rias more than 780 consecutive days in ariy floc n rion-calenc ar yean Fleriod solely for FIL rposes of use as a be ilding constrc clicri office facility. Oiferwise, Mobile Homes and Manufactured Housing stall not be Developed on the Real Rroperl y . 113' In 111-o everit 11 -all 111`0 foregoing sL b-seciiari Ije) (I'I) is deemed unerillonceat le or ollferwise stricken by a court of campeierit,jurisdictiori on outer govenrimerilal aLthonily, Mobile Homes aric Manufacduned Housing may orily be perrritiec by sLof fl-ai Mobile Home on Manufacillred Horsing roofer 11tall are visible from any FIL blit or private Right -of -Way sl -all t e of hirl, gam t rel, rr ansand, on gable slyles. Roof heidhll, bulk, and mass Mat appear struck ral even when 11l- a design is rionstrucVt ral. The fallowing requirerrenils shall apply: (1) All dingle-Farrily C welling LJ nits aric C c plex buildings shall f a% e a pitched roof covering a rrinimLm ofE15 percent of the ovenall floon area Lriden il-e naof; (2) Riicl-ec naofs shall have a rrinimum sloFle of 5:12 (Hive incl -es varliaal rise for everyl '12 inches l-orizorital nen) and sl -all rave an overhang bey and We bL ilding wall; however, #e overhang shall not encroach into an Eiaserrent; (3) Flail naofed areas inolL diricl, bit not limited to, Floral- es or saneen rooms are permissible in Ile rerr aining 35 percent of floon anea L riden roof; and 114; Flat roofs sl -all be localled a9 the rean of thei t L ilc ing ori of vieiw from thEi cncblici rigfl-of-way. (13) In the event of a f L rricanEi on o11l- er major weatf er c isaster in wf ich ll-ei Ciiy deilermiries ilfat single-family or multi -family Residenilial l-cusirig on the Real Rropleriy on in ilfe City is de:ln%ec or Mbsllanilially rio11 fabitatle, 1l -e CliVy may Lnilatenally authoniae ife iemrlorary plaeemeriil 011 Motile Home on Marllfacitunec HoLsirig ori lfe Real Properly for a period not la exceec 1,095 aarisecutive days. Theneafllen, the Motile Home on Man0lacitured HoLsing on the Real Rnaperty mist be irrrredialely and pinarr Flily removed at ollf er 1l- an City e)Fleinse. Sectier 3.2. Ccmimiercial Clevelopmient. Qa) Uses. A vanieiy of nari-Residerlial Land Use designalians stall be rraintainec to assure availability of sites #al accomrrodate ilei vaniec siie aric sFlaiial requirements Ion such acli%iiies as: professional and business Oflices, Corrmencial acili%illies, emplaymerl gerieralling bi,siriesses and genenal retail sales and services. In c oing so, the City sl- all promote the image and fL rictiori of if e L nban core wl- ich is tfe City's center for aarrmence as well as ai%ia and culiLnal ennicfinent. Cfficei DevelcprrEiril may serve as a 1lnansilional ase sepanatiricl mone intensive Commercial Lses frarr Resicential Developrrent in orderlo create a Jered DeveloFlrrerl sinategy. (b) Heigft: Intensity. ll -e Ownen/Develaper'agrees il-al a rraxirrurr height flan all siruClL res shall to lhirly-five Ij35 feat, as calculated rµrsLarii to 1a Land lle%elopmerit Code in efllect all the time of We issuance of a Firial ❑evelopimenf Order; subject alway;i 110 #e provisions of the Land ❑ENElopment Cace iri efllect at the tirra cd1l-a issuariae of a Final ❑evelopment Order. Sebastiar/Prrexaiior '18.Agf Fir al CLEAN a2/CIE/2CI23 12 49 of 60 2/17/2023, 4:34 PM Firefox https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... HN: 3551ST PG: 949 Tte Commercial Larid Use caieclor}l ciarisisls of Neigtborhooc, Limited and General uses in clragreasiive degrees of t ighen intensity: (1) Neightortood level Commeraial EIClNiliEs are cefirled in the Clity's Lanc DevelopmEiril Coce fnom lime to clime as including retail and office Siclivilias that serviiae Residential neigt borhooc s. Ila; Lim iiec Clomm erciial Land Use c esignation is to consist of sites intended Io acciammodaie neighbantood level aommercial activities. The maximum intensity is 0.6 FAR. Limited Clom menaial acliviiies and pensonal serviiaes shall include esVablistmerits calenirid to ltEi follciwing markets: a. heigtborhood Resideriiial mankets within Ilte immediate vicinity as apposed la Cot, rity-wide on regional markets; on b. Slpeaializec markets with cusicimizec market demarids. (3) General Commercial L grid Use designallion is to accommac VIEi genenal ralail sales and serviiaes; hicltway orieriiec sales and services; and oilier genenal Commercial activities cefined in tte Land Development CodEi. Genenal Commercial designations ane located in highly accessible areas, adjacein1l to major arterials. (c) Rlatlina: Sutckision. Rrior io commencement of cioristrucilion, the Owner/Developer agrees itai Lolls within any Commercial Rancel shall be Platlec on SlLbdividad ty and al lite solEi cost aric expense of the CwrienlCleveloper 91. bject to it e L and DEivelopimerl Code in effect ai lit a time of the iSSL ance of a Final Development Order. Secticin 3.3 Residential Cevelowent. iia; Uses. The nesic ential Land Use category consists of "Very Low ❑ensiily Resic ential," "Low ❑ensiily Residential," "Medium Density ResicenVial," on "Mired Use" resideriiial cses in progressive cegrees wilt higtEir Densit} in areas adjacent io the Lrban cone and less Density in the perimeller of the City. Residential Development stall to FilanriEc and designed ilo aneaie and perpetuate slatle Residerilial neighbontoods and implemenll lite palicies stipt,lalad iri tte Ciiy Comprehensive Land Use Plan. Aacessoryl uses irialude customary) aaaessoryl uses of a residerlial nature, clearly inaic EmVal and sct ordinate to lite pninaipal use, inch c ing gi. est hOL sea on Adult Dwelling L riills (IADU's;, garages, in keeping with Ile residerlial chanaciter all Ilte area, all as penril on prohibited pursuant io and consistent wilt Ilte Clily's Land Develapmenl Cac a in Eifileci all the lime of issi. ance of a Final Development Crden fora built ing penmit. (b) Density: RlEisidential Developri l Sltandares. ThEi CwriEinlDeveloper agrees that Develapmenil on Ilt a Residential pnoperty st all meed the following standarc s: ill; Areas designated as Weryl Low Density" shall accommodate Lp is three 113; cwelling units per gross acre and stall tEi comprised of primanily single-family celaal Eid homes ori indivicual lois; (121, Areas c esignated as "Low Density" shall accommodate a ma) imt, m Density oil up to five (5) dwelling L nits per gross acre and St Eill It El camprised primarily of single family detachec homes on iridividi, al lolls aric atlact ed residential harries; (3) Areas designalec as "MediL m Density" shall accommac ale a mixtlt re of single- family I1c elacit ed and ailtached; residential t ousing, mL Illi- family residential t ousing, and Clompailible civic uses and C pen Spaces; at a maximum c ensity of seri (10) Dwelling Units per gross acre. The Density of L ses within SebastliarijAririexailian 18.Agt Final CIL EAN Cl2/CI8/,ICQ'J 13 50 of 60 2/17/2023, 4:34 PM Firefox https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... HN: 35SKl PG: 510 this desigrlalion shoulc be sensitive to adjaeerii neighbontcods is ensure appIncipriate inarlsilioris, bLffers, anc Compatibility. (4; Derlsily on Resideriiial property may be clustered on inanslenred from Resicential property to Resideriiial property on Commercial properly; pnovideid, that the requinemerls of this Agreemein4 ane not otherwise e)ciaeded, all in an effort lo pnovice Open Space on higher ❑erisiiy Developmernl in certain aneas of the Real Property. (c; Afforc able Housing. The Ownen/Develciper is erieocraged to cooncinate with ricrl-profit legal erlities -lo further explarid cpportL nities fon Afllordat le Housing. (d; Platting; Eubdi%ision. Prion io corrmerieenEirll of ecnslnction, ariy SLbdivisiori of the Residential pnorlerty shall ter plaited by and at Ile sole cost of the Ownen/Develciper Fhr3Lan1 la 'Ite City's Land Develcprrelrii Codes in efilect al the time of SL bdNision. Sectieri 3.4. Industrial Land use Development. i1a; Uses. The punrlcse of the Inccsirial Land Use designation is iIci rIncMde sirategieally located sites for Iridusllnial needs and negc isite supflart services. llher City's Iric usinial Land Use may be further designated as Irldusinial (IN❑;, or Heavy Indus -Inial (Hf, in anter io support fulcrei economic Develcrpmerni and jab gnowth. The locations for IND and H I should be located wilh convenient access to major transportation ror.tes. New industrial locations shall ensue proielcticri of envinorimeriially sensitive lands, protected naicnal resor,nces, and lFroteciec Species. (1) Industrial (IND] - Laric Use ceaignalicrl pnovicesl for lirriied rranufacir.ning aria incLslrial uses which minimise the polerdial fon ariy advense impacis upon nearby praperties which indLde: Utilities; light maria ilacturing, assembling and c isinit ulion activities; warehousing, storage arid wholelsaling aclivilies; gerieral cornrrerreial acliviilies; avialicn nelated iriclLslry, seNiices and faciliiieis; support services aL01 as nicht walchmerl cr cLstodian resideriiial accessory uses; and othen similar laric uses which shall be regulalec through appropriate zaning procedr. nes. ij,el Hea�v Indlstrlal (HI; - Land Uses are subject to additional prolective measLnes lhnacgh appropriate acning procedLiies. The Ciiy will establish separate HI cisinict location aniteria and perfcrmanee criteria that pnovice a gnsalen sepanation from impacts to surrounding Land Uses. Uses perrrided in ihei HI c islnict allow a broaden ranger of ILsersr tha'I may have a gnealen impact ori adjacent Kpleperlies irneludiriq: sites which nequire large SILdace anew, bulk storage facilities, logi;lic oerlens/ terminals; distribLtiori centers; warehousiric , manr.Ilacturing and processing; green technologies and wholesale recyclirlc operations; and SL pport services SL et as night watch men on cusicrc ian residerdial aecessoDl uses. I1b; Height; Intensity. IPe rra)irrtrr height for all slncctures shall be thirty-five (35) feel, as caleL lased pursuant to the Laric Development C ode in eflect at the time of -11 a issr. ante aril a Final Developmerl Order. SL bject always to the provisions of the Laric De%elopmerit C odes in efllect at the time Cif iter issuariee ail a Final Delvelopmerit Cnden aria riolw0standing any other provision in This Agneameril, ihei maximum Inierisiiy of Inds strial Use shall ricl exceed a 0.5 Floor Anea Ratio. (1c) Lacaiicn Standands. (1; Indlarlal sites shall generally be allocated in areas accessible to arienial roads, rail conric cirs, or near ainpart facilities and shop Id be located in more sparsely Developed areas. New Inc L stnial Laric Use aneas shall also be located nean an existing Compatitle Land Use, serlaralec from Residential nnaets and Inslilutiorlal llnacts. Where new Indcstrial Land Use Rancels anei adjacerl to envirorimenially ;sensitive lands, prclected natural resources, on Proierct S pecies, appropriate buffens and other iecrh niques shall be used lo ensune protection cif such lands and re;rources from industrial Develcpmeni. Sebaotiari)Vrirdexalion '18.Ag, Final CLEAN Cl2/CIEI/,'I(I213 14 51 of 60 2/17/2023, 4:34 PM Firefox https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... HN: 359q PG: 911 112; The allocation of land resources for indt strial Develorlrr eril at all It e responsive 110 the location and space rectUrerrenlls of Iridusinial Land Use activities and pcderitial fiscal and environmental impacts on the Cliily. The location and disiritttieri of Indusllnial land Lsei shall be celenmined basec on the fallowing cansideratioris: i. Trip genenation ah aracienistics aria irrpac11 cin existing and planned tnarisclarlation systems, malt dirig dependency on rail, air, on iruckirig for c ielinit t lion ail rratenial and goods; ii. AritiaiFlaiec emplcymerd generation, floor area requinemerits, and marked area; iii. Ability to meet esdatlished clerionmance slandands for preveniling or minimizing nuisance irr paclls, such as errission cd air poly 1arills, glares, noise cm odon, or gerieralion cd h aaardous by-producils; iv. Irr pact ori eisiat lished as well as anticipated full t re Develorlrr ens aria natt ral Systems; and V. Impact on existing and planned public services, Utilities, wafer nesotnoes, and energy resot noes. (3) The Cliily shall prevent nuisances impacts frequerdly associaiec wilt IridLaIrial activities by maintaining performance staric ards in the Laric ❑ev edopment Code far managing err ission of noise, ain poly tarns, oc or, v ibration, line or explosive hazand, and glane. 14; In addition to the perfarmariee standancs identified above, the City at all establish performance standards tri lite Land Development Code as it pertains to bolt Iriduslnial aria Heavy IndLatrial districts which at a minimum address, btt are not limited lo, the following: i. Allowable vies; ii. Land Use Corr patibili), bufllenirig and landscaping; iii. Aec"s points, trafilic acrdnols, and parking; iv. Signage; V. Gross floor anea, im pervious surface ratios; vi. Open space; v ii. Ct aracter of an area; v iii. Localional facions; ix. 13nvincnmenlal irrpacts; aria Slecoric ary coritairirr erd and open air storage lacflities. ljd; Ratting; SlubdN inion. Prion 110 commencement cif constrt cticn, Lots whit in any Inc t oirial llnacd shall be Rlaited on Slubc iv ided by and at the sole cord aria expense all the Ownen/Developer subject to lite Land Development Code, in efllect at the time of the isstarice ola Final Development Order. Sectic n 3.9. Instillutional La rid Use Developmernt. (a) Uses. The Institutional Land Lau cesignaticri is intendec to aaaammodate existing public and semi -pt blic services iriciluding: gav enrimerdal administration t t ildings; Flt blic schocds, riot-for-profiil educational institutions and charter schocds; hospital facilities and supportive health care t nits; ails and cultural cr civic flacililies; essential public services and facilities; cemeteries; fire and emergency ocleration facilities; publie and pnivate parks aria necmeatiari ansas; and Utilities. iib; Height; Intensity. lite m a) irr t rr [eight for all slat ctunes shall be lI t ir1 y -five (35) feet, as calotlated pursuant to the Land Development Clade, in effect all the time of the isstance of a Final Development Onden. Sltbjeat always to thea provisions of the Land Development Code, in effect at life lime al the isstance al a sinal Develcprr enil Onder and notwithsllanc ing any cdhen provision in It is Agneemerd, the Setasiian/Anrieaaticri 1fl.Agt Firial C IIEPN O2108A2023 15 52 of 60 2/17/2023, 4:34 PM Firefox https://ori.indian-river.org///DOCLiment/GetDocumentForPrintPNG/?req... HN: 35SN PG: 512 rra)imtrr Iniensiiy oil itisi designation is floor area ratio of 0.6. The location, scale, iirring, aric design ail necessary putlic aric aemi- pr,tlic services and Ltiliiiesi Elhall be cllociely oocmdinated wish DevelorlrrElrii aciNiliEi;i in arcer to promo'IEi rrore effscitive and efficient delivery of requisite sEirviiaEls and Ltiliiiecl. The Clity st all maintain aric enforcEi appnoFpiialEi slant ard;i and sirleoiilioai icinsi fon the c eEiign and constnL (ition of public and demi-public services in miter to Flrorrale cord efllectiveness and clualiiy aciriinol consistent with all appIlicable fedenal, slate, regional, and local standards. Qc) Rlatiirig; SubdNision. Rnian lo commEincerrent of construction, LotEi, or Parcels of 1tEi Real Rnorledy within ariy InstilLliarial portion a1tl`Ei Real Properly stall tEi Plaited or Subdi%iced by and at ite sole cost and expense till tte CwrienlCe%elopen subjEW1 to i1`0 land Develciprrent Code in effecii at if Ei time of the isEic ance of a Firial Develoclrreril Onden. Section 3.6. Reseniations c r Dedications of Lanc for Rublici Purposes. ila; Reservation on CEldications. 9)oepl as otherwise cies farih below, neSeRiatians or dedications of poriicinEi a1 ttEi Real Property shall comply witt the Slutcivision regclations :iel forst iri the City's ar County's Land Develorlmerd Code, as applicable, EifilectNe at the lirrEl of Site Rlan approval fan a given portion of the REIal Property Ceveloplmerii. PIII dediaaiions or conveyances of road Right cd Wa), Starrrwaien Management Sl stens, water and seven lines and lift stations, and othen IrlfnastrUCillle, to the Cliiy, County, on cd t 8r governrn ental erii ity, stall, at 11`0 1 im a of c EIC ication ar acinveyance, be free aric clear of all rrcidgaclesi, liens, and Eincurr brances and stall only be requinec 1:y and at the 1 irr EI of C e%elorlmerfl. (b) Roadways; Rut lic Rights of Way. ill' To 111-e exierii reqs ired for 11-8 C EI\ elorlmeril aric al the tirra of C 8\ elorlment, 1hEI Real Rnaperl C8%81opment area will include connections to Clounty Road 910, 82nd Avenue, aric 6911 Streiet right of way and naadwaysi stall be Developed as clEirmiited aric comiislElril wiit Gl apter 14-91, Florida Adrr inistrai N Ei Coc e. (2To the Extent regcirEld for the Development, the alloilerreriiicined ciorineclians to COL riiy Roac 910, 82nd A\Einue, 69th ISreet, and i t e existing City and anea nasic network, will all be rrade at time of Development and at the sole cost and expense cd tte CwriEirrlDeveloper, and at no oast is the COL riiy, tte Cliiy, an any ashen governmental entity. lttEl City may requine ttai inaffic islands for signage, safety, or aesthetics witt in 1 t esEi public access RightEi oil Way w t ict stall be dEic icatEid or oorN eN ed io the City, or ott er appropriate governrrental Eintiiy. (3) lItEI Ciiy ackriowledg8s its intention, iri gaod laiih, to: i. Cocirc inate 11`0 Faro-raila 11r. ric ing of iNEHicit ange, t nic ge erassirigs, on roadways wilt tt a Developers or owners cif adjao8ril laric , when such laric is berielited by chose improvements; and ii. Implement, when possible aric agneEiable with other land Develaper;i on awnersi a "cost recovery" Flnagram for htililies L ric er the COL Oy's or the City's ciperation and control. (c', Naffing in this Agreement shall KIrEI\Eint the Cwnen, its heirs, successors, and assigns fnorr neasiving irr pact fee cmec its car cit er torr pensation for ariy acinveyance of laric or for ariy Flro\ inion 0111 FIL blia infrasrtructLre to tte Ciiy, County, or other loaad govenrin Elrii entity to the e)ient such aari\Epance of land on provision cdl Fhblio infiiastruciLrei excEieds tte impacts crealEld by the Development of itEl Real Rnopedy, and provided the City, CaL my , or of t er clovernrr ental entit} assesses impacit lees for SILCII infrastructure riow or in 1 t EI fUtl ro. ild; llnansmissian, Disiritclicin Slysterr. llo the Ei)tent requinac by the Ua�Ellopment and at itE1 tine of Cle�Blopment, the CwrierdDB%Ellopeil of each portion of ite Real Property will at itEi lime of Develarlrrerii t8 reciponsitle ai its solEi cost aric experise for the installation all, aorineciian to, cir disco rineciicin from, SebastianAnnexaiian 1 EI.A gt Final C L EA N (12/(IEI/2(1113 Wel 53 of 60 2/17/2023, 4:34 PM Firefox https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... HN: 35SKI PG: 313 presscriaed Wasiewaier trealrreril, gna0y Wastewater, pressurized potable water, aric rinessunizec Cocriiy nec se pipes, lees, tends, % alves, joirils, lalenals, Kµ m p% and othen appurtenances Il ereinafler: " Racilities") and far the transmission of sewage, potable waien, reuse water, ar Sltormwa,ler. Said Facilities shall be capable of openation aric maintenance far a term all yeans as nequired at the time of insiallatiori ty'Ite County. Said Facilities shall be conveyed -a the Cor,nly or the City, as dinected by the City, on a schedule io be ❑evelopec t y i [ e Giiy in consultation with the Coy. niy. (e) Cven-siziriq of Wility Rublic Facilities. The City ar the Courily st all have th a right to requiner, and the Cwnen/Developer accepts the responsibility of providirig at its experise, o�ensizec U'lility Rublia Facilities, including but nal limited to Floiable water, Waslewaten Tlneaiment, S arrrwaien Manageirrerii System, aric waien new se, all ICI serve additional properties ori -site on off-site of 4e Real Rnoperi y; provided that a rri utL ally agreeat le cosi neem ery sysieim sari be pL 1 in place to neimt L rea ll ei Cwneii/Developer for ih e over -sizing oil the Utility RLblic Facilities. ARTIICLS IV ONFORC13D ❑SLAY, DEFAUL1I, REMEDIOSAND TIBRMINATIION Sectieri 4.1. Hnfcrcement as Permitted by Sltatute. This Agreement is enfonceatle by any party io this Agreement. Rclries to this Agneemeril, and iheiir sLacessors, heirs, assigns and any Developer o1all einfarce tt is Agneermeni as Flravided in Sleciion 4.3. Sectieri 4.2. Institution cf Lecial Action. In ac dition la ariy other rights on remedies, any pary t ereto, ar ihelir successars and assigns, may institute legal action to tune, correc or remedy ariy cefaL It, to erilonce ariy covenarils an agreements herein, on io enjain ariy tt rea-lened or aterrrpiec violation thenecd; to neeoven cartages ton any default; on tc otiain any nemedies aarisi;deril with 1l'e rIcrpo:ie of 1:1 is Agreiemeni. This Agneermerrl aric each pnovisicn henecd section shall not be irilenpredec as a plecge of ac va/onerri lax on othen ne�enL es. Rariies is this AcIreremerrl, and heir sLacessons, heirs, and assigns, shall enforce this Agreement as Klra�ided in Sleclian 4.3. Election 4.3. Hnfc rcemerit by any Rarty to this Agreerr!ent. iia; Noiiee of Default; Right to Cune. In the everit of dellaLl'l t ariy Party to this Agreement, ar said Party's heins, successars and assigns, with regard to this Agreerrerd or of any of its ienms on toric i- ions, it a Rarty alleging such c efaL It on breach shall give the breaching Par y not less I h an sixty (60) days' Naiiae of Default in writing in the manner rIna%iced for giving notice as set fortt in Sleclicn 6.9. -WEE time of notice stall be measunec from the date of certified mailing. Tte Notice -cif Defauli shall speady the naitre all the alleged default, and, where appropriate, the rrianrier aric rIeriod of time in whist saic cefaLll may be satisfacionily cured. During ariy penia for CII-ning the default, tt a pary at arged stall not be consic ered in deilac li for the purposes of termination or insiif t Tian of legal r1naeeedings. 111 it e c efac It is cured, then no default shall ei>i:d, and the noticing party stall IEII�EI na further action. Ilk; Option to Inslitute Legal Proceedings. Af& pinorler notice aric the expinatian of said rIeriod la cure default, the noticing party to this Agreement, at its option, rray instituile a legal pnoceec ing, if the dEI1al Ii has nol been CIL nec . IJc) Waiver. FlailL ne ar delay in gig ing Notice of ❑efa1.11 er seek ing enforcerri ent of this Agreement shall not consiilute a waiver of any default. B>cerlt as otherwise expres:dy providec in this Agreement, any failLre or delay by arioiher party in asserting any of its rights on rarrecies as to any default shall no'l cperaiei as a waiver of ariy cetllaL 11 an of any such rights or nerrec ies or depnNe such pariy of ils right to inslikte and maintain arty actions or proceedings wt ich it may deem necessary io pnotecil, asset on enforce any such nighls or rerrec ies. Setaslian,lAnnexaiian 18.Agt Rinal CLEAN 0,108j12023 17 54 of 60 2/17/2023, 4:34 PM Firefox https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... HN: 35SKl PG: 514 i1c; Violal ion. In the evenl a1 vialation cell this Agreerreni by the Cwner, the Developer, or arty of their heirs, SL acessons or assign:i, 1 h e City sh all have t h e right to rellL se to issL a fur h er t L ilding perrr ii s, Final Developrreirit Orders, or aerificates of occLpancy or certificates of corrple'ion, all as the case rray be, lirrilec as to that phase of ❑eRelopment, on Rlat of ifal phases of the ❑e%eloprr ent wtere the vialal ion is applicat le, all L n1 it sL ah tirra and event as all such violatiori(s; ane correciec grid that phase of Developrr ent of the Real Rnoclery is brought into (iorrpliaricee with this Aclreerrent, aplplicablee law, ondinances, reisalutions, arid the Land ❑e%eloprrent Cac e. The City shall be neat ired to rioliae the \ iolaton with a riotice of the nature of the vialation arc afilord a reasonat le period to cure ih e r iolatioriijs) before withholc ing bL ildirig permits, Final Da%elopment Orcers, or cerilliaaies o1 ocae.pancy on ciertificates of compleiicri relating to the phase cd ❑eRelopment and nat ilo the vialation itself. The City is a0torized by itis Agneerreirei to use any fcmrr of code erillaraemeril la assure ceorifarmarice with lh is Agneemeril. ARTICLE V ENCUMBRANCES ANC! RELEASES ON REAL RROPERTY S ectie ri 6.1. Discretic ri to Bricum ben. Tt a paries h erelce agnee that this Agreement shall noel pneverl or lirrii i h e Ownen ora DEN elopen in any rrannen al said iridividL al's sole discretion, from ericL rrbering 4e e Real Rnorledy or any porion of ari} irr pro\ err erl thereon t y ariy mortgage on other security de\ ice seaL ring financing wilt nesrlecit to thea saner pnoviced, that said mortgagee or other seaLrily device shall be released on satisfied as to said property prior to or simLllarisous with its cori�eyariaee or dedication to thea Clily on an incorporated properly owrlff's, homeowrier's on aondominiurr associatiori. The Clily acknowlecges that the lenders' providing such financing may regL ire cer ain modilliaaiioris, arid the City agnees, L pon regL est, fram time io limes, to meeet wi'h 'he Ownen ar a ❑e\elopen and/or nerlreiseiriialives Oil sLah lericers to negoliale in good faith any such regLeest for modiliaatiori; rlro� ided, that this Agreement shall not regL ire the City's acguiescerice to an} action or nesolulion of a dispute or claim. Any mortgages on teneficiaries oil a secLriiy insi rL merit shall be entitled to the rights grid Klri\ ileges set for h in this ar icle. Secticn 5.2. Bntitllemerit to Written Notice etl Default. The halden of a mortgage or other security interest, aric their sLacessors aric assigns, ericeLrrtering the Real Rrapery, on any part thereof, whish indivic ual, successor or assign, has negueslec in writing to i h e City, stall to entiilled to recei%e written riolificaiion 11nom the City of any default by Cwnen on a De�elopen in the perforrrance of saic indivicLal's obligations L rider this Agreement wh iah of ligations are not cured within th it y (30) c ays; pro\ ided, that the failure 1a gi%a saic notice shall nae waive any default al, ar action to erifonce, this Agreerrerrl by the City. Sectic n 5.3. Property S ublect tc Rre Rata Claims. Any mortgagee or h older of a secunity interesil who cones into possession of the Real Properly, on ariy dart hereof, rJ rsLaril to foreclosure of marigages ar Ott er secunily interest or c eied in IieL of SL ah foreclosune, Eel all take or foreclose upori the Real Property, or ariy par thenecil, SL bjecl to -It is Agraerrent aric to any Flra ratla claims for Kla}merits or charges by the Clity against Ihei REial Property, or any par theneal, seiceLred by SL Cit mortgage or other securit} deice which accrued pnior to the time such morclage on halden of a security interesl comes into rlossessiori of the Real Property or part i h ereof. Sect ic n 5.4. Releasee. 11t City hereby aa�ariants and agnees that L pon pay merit of all fees requinec unden this Agreerreni with respecit io'Ihe Real Propert}, or any porion ItEireof, and perforrrance of otligatiaris relating thereto (including corrpletion of performaricia cell continuing obliga-lions), ty the Cwrier Lpon request by Iha Ownen, the City ,it all consicer e)eaLlion and deli%ery to Clenk of the COLrl of ariy appropriate releaseQs) of fL rlhen obligations as to a riEldicL lar aric affecited portion of lh e Real Property in form and sL ballanaa acceptable to the Clerk of the Court, on as may otherwise be necessary la efilecl sLch nelease; provided, that th a tlonegoing provision Eihall riot regL ire ih e City to release ari} prop i:iion of th is Agnearraril from Lea, density, Intensity, type of Develapmerii, or other requinements of this Agreement. This section shall nol be lenminalec upon the lenminatian ar release of 1h is Agreement with regarc to any por ion oll ih a Real Rnapery. SebaEftiaridAririeualior 1 ELA gt Firal C L EA t ARTICLE VI 18 Cl3/CIEI42(lJ3 55 of 60 2/17/2023, 4:34 PM Firefox HN: 35gq PG: 915 https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... MISCELLANEOUSI RROVISIICNEI Sectio ri 6.1. Draftens oil Agreemerit. llt ei Owner, Ion itself, on thein heirs, SL caossors, and any Developers, and the CIiVy, eact wene represented by on afllorded il[e OrlporlLrii) for representation by legal UCL nsel and parlicirlaileic in it ei crafting all It is AclraerreN and in It a et oice of wording t ereof. ConsegL evilly , no provision [ereof atould tei mare strongly construed against any arty as drafter of this Agreement. Slhal.Id ariy actiori be brought in ariy ooLrt of clamp lerii jcriscicilion by any of the Rarties Ila chis Agneemeril, including the Cwrier or a Developer, on its all ItEiir respective successors, assigns, or heirs, each Rarty shall bear its own attorney's and paralegal's fees and costs in connection with SLUE liligaliori or an appeal ariy stat liligalion decision. Election 6.2. Cevenarits Bunning Witt the Land. It is the intention of the CWrlEIr of the Real Properly aric the City, It a1 it is Agreement shall constitulle covenants runriing will[ tt a land and wish Lille Ila It a Real Propert} , on as eqL ilat le servilIL des upori the laric , as the case rr ay It El. lit a burdens of it is Agreieirr eirii shall bind and the tenefils of Itis Agreement stall inure to, the Parlies temelo anc all SLeeessons in inlerest to Ite Parties to 1t is Agreement. E L ch ooverianls shall expire L pon lenmirialion al tt iS Agreemerii. Slection 6..1. Ccnveyance. 'We Cwrier shall givei la It Clily written rioiicei at leasi clay (160,' days prior to the sale, assignrr errl on inarisler of the Real Property or any portion ail it a Real Rraperty consisting of at least two it l; acres on more. Dedication, assignment, sale, or corivayanUing of a portion of iter Real Properly le the City shall constitute the sale, aasignrr ent an Iransllen of a portion of the Real Property. Sleotic n 6.4. Iridem nificatic n. The Cwrier and its sL CCEssors in irlllerEsi in ownership of any porticn cif the Real PrccpErly 11"ElubsequEnt Cwners"), shall indemniily, defend aric told tarmless the Cily, and its offlicers and employees, from all claims, cerrarids, liablliiiels, damages, losses, aric costs, inclLcing, bull not lirrllelc to, neasoriable aticrrie}s' fees, to ite a)tent oaLsed by the negligence, reeklessriess, or inleiriiionalb wrongful coricLci of It Cwneir or Elubsegl.eini Owners in the flerlonmance of Itis Agreement. Fawever, slot indemnifleation shall riot iricdL de claims all or c arr ages real. 11ing from, negligence or gross negligence, all willfL I, wanton or inieriiienal rriscondLot of Je Clity on its officers, dinectora, agerds or eirrKlloyees, acting in their ofilicial capacity. SLat inderrnifiaalieri shall not be nequired to the extent or FIEmUerdage of negligence of the Cully w its officers, dineators, ageriis or eirrployees, acting in their official capacity. Upon request of ilei Cliiy, the Owner or S L b:ieiquent Ownens, stall, est no aoat or eu Klense to it a Cliiy, indemnify and hold tt a Clily harmless of any suit asserting a claim Ion any loss, darrage or liability specified above, and the Owner or E ubsequerii Ownens, stall pay any coal anc neasoriable attorneys' feels that may be inULrrec It the City in connection wish ariy such claim or sl. ill on in enforcing the inderrnity granted above. NaMilhstanding the foregoing or ariy othen Klrcvisions of Itis Agneerreirii, Graves Bnothens Clorrpany's indemnifieaiion al iter Cliiy and holcing ilei Cliiy tarrrleas shall apply onIN io the exleinll of Gnaves Brolters Clcrrrlany's ownenship inlAreisi in the Real Rnoperiy all the time a alairr arises or accrLes against the Cliiy; shall lermiriale as Io Gnaves Bnothens Ccmrlariy's, fon any pariiori of the Real Rnorlerty not owned ty Giiaveis Bnothers Corr pany's wtein iter alairr arises or acwiLes; anc stall ierminaie at the lime a Klarticular gersari an legal entity no longer awns arp portion all its Real Property. N ait irig in this Agreerrent stall be construed as the Cit} waiving its sovereign irrm l.ni) pL SL arli to 768.28, ed seq., Rlorida EltalLIGS, or any othen sovereign or governrrental immunity. phis section shall survive the lerminaiiori cutis agraerreni. Election 0.5. Nc tices. All notices, c err ands and acrnearlondenoe requined or providec for L rider this Agreement shall be in wniiing aric deliveired in person or dispatched by cerliflud U.EI. mail, postage t:Inepaid, return receipt requested or ty a nationally recognised overnight courien (e.g. — Fedenal Bxpness, Unilec States Postal Service, U nited Rarael Service, eilc.; . Notice rEiquinec to t e given at all be addnessec as follows: CITY: City Manager City all Elebaslian 1229 Main Stlreel Sebastian)W rinexaiion 'I8.Ag l Final CIL ElA N M 02/08/X121 56 of 60 2/17/2023, 4:34 PM Firefox https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... HIM: 35SN PG: 816 With a cogs 'ci 'lobaslian, Florida 3.1958 City Attonney City of Sebastian 1229 Main Sinead Sebastian, Flonic a 33958 OWN OR.. ,efilBass, Rnesiceni Graves BroltEire Company 277CI Indian HNEir Blvd. — Suite 201 Vero Besict , FL 329E10-4230 Nolice is presumed to have keen gNari on the date haric deli%arEid, 34 hOLns after ceposit with a neeognized overnight courier, or five (5) days afiler deposited in the U.1r. rr ail. A party may unilaterally changEi its acidness or ac c re:isise t y giving notice in writing to it a othen part' as pino� is ed in this Eieclian. ThereaflEir, rioiices, c err ands aric cit er pertinent corresponclEirice shall be adc nessec and transrr iiled to the new address andlon addressee. Sectic n (I.6. Applicability all Ordiriancics and Resolutions of City to Algneemient. (a) The ordinances, resolLlicirs, and Laric Da�alopment Code of the Ciiy, governing the Develorlrrerii till the Real Rncipery stall contince lc govern tte Developrrent of the REial Property, a�cierli as 01 t Eirwise provided herEiin. At it Ei terry ination of this Agreerrent cm terryination of this AgnEierreni as ici a porion cdl Its Real Property, all Iten existing City Land De�Eilopment Ccce shall teeerre applicable to the Develorirrerii of ite Real Rnaperty. B)cepi as otherwiisEi speaifically set fortt taroin, no fae Ilincludiricl the exislericEi er lacik 11`811008, fee slnLature, amort corrpulaiicin method or ileo amoUd, including any Irrpaci Fees, there in existence or tereafllen imposed, stall be vEMIed by virtLE1 of itis Agreement. (b) In the EivEini stat stalEi or federal laws ane enaclEid aflEir the appnoval, effociNeriEiss, on execution of this Algimerr eni wt iat anEi arlplicat le io anc rInealc de ItEl Flariies' compliance with the terms of this AC1110erren1I, such Agreement may to modifiEid or revoked as is necessary io comply wish the relevaril slate on ileo eral laws. llt e C iiy shall coorlEiralEi with 1e Ownen in It a sect ring of arty penmitsi wt ict may be requinec as a nEVSL 11 of SL at rr odifications. Section 6.71. Rules cf Constructieiri. lite sirigulan iricdLdes Ito plural; lte masculine gencEir includes It El feminine; "shall" is mandelorYl, and "may" is perrrissive. III it ere is mone than one signer of It is AgneEirrEinl 1tEiir obliclalions are joins arc se%eraI. The tine limitsi siEii fort in itis AgneEirreni maybe extEinded ty mutual ciensent of itEi parties in accordance wilt 1tEi procedLnes fon acoption cd an agneemerd. 11 for any reason a specific provision henein conflict;i with a C iiy Land ❑EivEdopmerit C ac e, in efflecl al the lime cdl iflM ante of a Firial Develcprr en1 Order applicable to a portion ciil tt a Real Rnorlerty, the speeiilic pnovision herein stall prevail. hse of the lenm "CwriEir' or "Developer" rreans and neilers to the Owner ar16cin the DevelOplEir, their SL caesscros, t eirs, assigns, cd any Klor ion cd or all of 'I he Real Rnaperty. . Sectic n 6.8. Severability. The par ie;i hereto agnea it al the provisiions of this Agreement ane sevEirable. If any pnovisicn of this Agreemerd is helc invalic or unconsti Llicnal for any reason, 1tEi rEirrainder of 1 t is AgrEierr eni at all t e efilecitive aric at all nEirr ain in IIS II force and efilecl, ur less arr ended cr rr cc ified t y rr L 1 L al ciorlsEini of the parties. Sectic n E1.9. Entire Agreemert, Waivers, and A rriendmerits. SebastianilArinexaiion I8.Agt Final CILHAN 20 02/x8/air 57 of 60 2/17/2023, 4:34 PM Firefox https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... ]IN: 3551ST PG: 917 (a) 11F is Agneerreril constitt ies the entire L ndenstanding and agreement of the parties. -nt ici Agreement integrates all oil Ite tenms and conditions mentioned herein or incidental hereto, and supensedes all negoiialion on pra%ious agreements between the parties with nesreal to all on any part of the sut,jecl matter heneoil. All waiters or releases of the provisions of this Agreement must to in writing and signed by the ar r rapriate a0f arilie:i of ite parly waiving or releasing the provisiori:i henecrll or perlonmancie heneL rider. (t) All amendments hereto mr.st be in writing sigrierc ty the appnorrialle aLltariiies in a form suitable for recianc ing in ite Rutlic Records of Inc ian River County. (1c) lire Ownen hereby agrees to pay far any costs of recon ation or filing of if is Agneemeni, on any americ merit t ereio, in the RL t lic Reconds of Indian River County, Monica, or with 1 f• e Elate of Flarida, Der art ment of Oconarris Or pore t riity . 11F a necionderd ariginal of this Agreement on any amendrr ent heneto, shall ter neturned to the City for filing in its reconds lo be kept wish It a Cliiy Clenk. Sectic n EI.10. Interpretallic n; Venue. (1a) "iih regarc 1a any lawsuit against the City, the CcLnty, tte Owner, on the Developer of any portion a1 t1la Real Rnor eriy, Itis Agneerrr eni is sutjecl to l t e home t enue r nal inion. lite exclL sir e jLrisciciion aric venue fon litigation surrounding tris Agreement on its talidity shall be propenly located in ite '191r judicial cincuit of the Stade of Florida in am for Indian River COLrily ar the U.S. Disirict COLd, ECIOterrl District of Flonica, in and for Indian RiverCounty, all as aaid junisdici icrn t oL ndanies may be arrerrided from tirre to time. (1b) 111- is section shall surmive t r e termination of all or pad of this Agreem eril . Section 6.11. llerminatie ri oft Previous Annexatic n Apreerrent; Rrevieus U nderstaridings. (a) 111-e Anne)aliari Agreement between the Owner aric the Cliiy recorded on Pltgusl 29, 20'151, in Offiaial Reconds Book .1234, Rage 'I ri31, Rutlic Reconds all Iridian River CoLrily, Florida, be aric the same is hereby terrrinated. (b) All rreviOLS undersiancirigs, wfeiter oral on in wniting prior to the 9filecIlNe Date of this Agreement and nat included in this Algneement, be aric the same are hereby c ealarec to t e of no efllect. Section 6.12. effective Date; Dure tion cit Awfiement. (a) Tta Offacrtive Date shall t o its case iron which this Agreement has approved aric executed by the Owrier of the Real Rroperty and the City and necianced in the Rut lic Records of Iridian RKer Couniy, Florida. The affective Illaie oil ariy amendment la this Agreerrerni shall be Iter date upon which saic am endment to Ir is Agreement has ar pro%ed and e) ecuilec by the Owner of 1t a portion all the Ree I Property subject to the americ rrGO and by 11-a City and recorc ed in 11•er Rut lic REMarc s of Indian River County, Flarida. (b) Unless eanlier Ienminaiec ss otherwise prodded in this Agreement, chis Agreement shall germ iriaie on Septerr ber .10, 2043. ►********,�,.�,******,.*,.**,�*�********NOIIHINGI FUR11H9R*****�.*.*,,�**�*�*****.*.****�*�**.,�*�*** IN WI11NHSS WHEREOF, this Agreement has been executed by Ire parties on the cay and yeah finst above written. S igned, sealed and delivered In the presence of: OWNER: Sebasl iankkinexai ion '18.Ag-I Final CLEAN 211 a2/CI8YICI2cl 58 of 60 2/17/2023, 4:34 PM Sign:6L Print Nae: ri l A pArte Address: a;LSLO t0 CcLDr+ GRAVES BROTHERS COMPANY, a Florida Corporation Sign: 09o&1an.v f'i. By: Print Name: &aIK A%,, Ci+wxref Jeff E. Bass, its President Address: 2770 Indian River Blvd. - Address: -torn T,-s'.r%4-f CAV bo- Y703 Suite 201, Vero Beach, FL 32960-4230 (CORPORATE SEAL) J- STATE OF FLORIDA COUNTY OF INDIAN RIVER ) •,' •.,•• •'''e The foregoing instrument was acknowledged before me by means of physical presence or _ online notarization, this �k:) day of MZ�rc.)rN , 2023, by Jeff E. Bass, as President of Graves Brothers Company, a Florida Corporation, on behalf of the corporation. He is personally known to r11e or has produced as identification. "V"� APRIL A. EDMONDS g, My COMMISSIO\ a GG975633 zya. f:XPIRFS: AIml -5.2024 R� Sign Notaly Public State of Florida at Large A 5 a� My Commission Expires: Aer Print Name: A�w1 I A-E44A.� CITY: CITY OF SEBASTIAN, a Florida Municipal Corporation Print Name: tz 0 L1 �Y Address: n- v,n, R, S4. Sebastian/Annexation 18.Agt Final CLEAN 02/08/2023 22 Sign �� Print Name: Frederick B. Jones Address: 1225 Main Street Sebastian, FL 32958 ATTEST: �J nette Williams, MMC G�.ity Clerk STATE OF FLORIDA ) ) SS: COUNTY OF INDIAN RIVER ) By: aul E. Itarlisle, its City Manager Address: 1225 Main Street Sebastian, FL 32958 (CITY SEAL) The foregoing instrument was a •knowledged before me by means of physical presence, or _ online notarization, this day of _, 2023, by Paul E. Carlisle, as City Manager of the City of Sebastian, Florida, a Florida municipal corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Sebastian/Annexation 18.Agt Final CLEAN Notary Public State of Florida at Large My Commission Expires: Print Name: MICHELLE L. FAULKNER ` �` Comaf*siai # HH 125007 P ` Expms July 20, 2025 -^�'�%^�� e�manrur�ya�rc�:oazsra�s 23 02/08/2023 1 The foregoing instrument was a •knowledged before me by means of physical presence, or _ online notarization, this day of _, 2023, by Paul E. Carlisle, as City Manager of the City of Sebastian, Florida, a Florida municipal corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Sebastian/Annexation 18.Agt Final CLEAN Notary Public State of Florida at Large My Commission Expires: Print Name: MICHELLE L. FAULKNER ` �` Comaf*siai # HH 125007 P ` Expms July 20, 2025 -^�'�%^�� e�manrur�ya�rc�:oazsra�s 23 02/08/2023 Firefox HN: 3511,1M 44 https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... SKETCH CIA GRAVES BROIHERS COMPANY PROPCISED LAND ANNE MTIOIN SECRION 1, IION MIF IP 32 80M , RAN CIH 38 EAST ANP RAW OFI EIECION 38, TUMSHIP 3'I EIOUTF, RAN GE M EASI IN MAN RIVEF OOUN TY, FLORIN 111 III I III I IV II _ III . III I I II RWRIMwMY .... ,� --f S:S'SL`:31L14SJII I w°Atwv!I I Mi.w� w7sww„w,i �I I {I I�'� ru�'I DI it I '7 1° I uixne.�nvlwvs .I 11 , , - L I. .. U, ��I----'fIIl-L171G':'Tn:' � ,I Ii I 1, AI jl AI I II ....I,al I 1 .7 I III wMIM t o I I_ � � IMI MRVI' S lAn A hv°i I:II Ili II � _ +row I I I,l 4 .wr r� $1 bwl.l rPi I III iff III rnw w ip v I IlAea In nn N I. 11 I y I � ��j 11 II ■ISN le �IJwww ° .I I sl I I I 11 r m, wv+yu P wwrl.w j11. w w.° war I 'MOIL lil eP; II I� IFI i I I III 'SI. �II I� III IIN SII IIII LEORID da ... 5 of 60 2/17/2023, 4:34 PM M°wwrpOl , +�.Aw+I �n ew raw,. ItlRlll ' �rw wwwirwq ,YMxrrvWrw,w DAAWIIAC4I IA. nar wr M°" IP" wwl MOM 11110ilIWIDN1111WV1'1.IMII INi11MIM.lIISAI UTO MIIMIlMTIIPMM MI10611UVtt Irrr ��•4 �'�" wrwlol IM IIIOIIIAWM NOWN ANDR U®INANIwWRY111W@IUMIGIUR11Y1N11PMNIDR DAAYIO >w�llw•eM url1° ww MIDTIIMMDIIPWAITWMINI MMI AN IIPDAIMIIDN11721,010111I NM IRA IIIN, IAUIC7NWWRV am (';tifl'fl'.N:1,STf1('111'fI':I',I\C;. r �� EINET(IHlIOIFB(IRIPTN)NI SHEET R{RIAGOAAIRN1101 CONSULTING SNGIMUS AND LAM !URTRTGR9w�IIECTpP1,TGNNBXI 91MUT,AANBI AEWI1TIIMMRNR BLVD. 1708t1d8TAIfiT,Y6A0 BlIOH. PL31/80 vrnw,ulewww, "1w°'w �°M" rl""m IPNRL:SECMN.TMMISIjjnr RM9I aF1,IT91MIIALIVI I xeLwMg;LrAIN�W71M 4EROMiM1A lIl0AMDIA7 nLnIMlal71 RNRIMIININul,uw4 INUMIIAVERCDUMIIFlARDIR,M4 — 'N7wIN PBOPOUDPROPERTIIANIUMTNIN M17Nq 5 of 60 2/17/2023, 4:34 PM Firefox HN: 3519 PG: 465 https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... MTBIT 1h DESCRIPTION OR GRAVES BROTHERS COMPANY PROPCSBD LAND ANNEMION FART Of SE(MOF 35, T OWNSF IP 31901 Th , RANGE 38 EASi AND PARI OR SECTIODI 2, TOWNSHFI 32 SOUTH , RANGA 3EI EAR INDIAN RA 9R OOUNW, RLORIDA Bi1dR11XIIIlalN MLN8IANCLa1N1N MI WA WNnA Al. AAI P IGid Al1N RMPA WA,Mw `CA. Wrq kMIN 1, fO1gIXa LIMN,"% NW6NM I YI pNpM, Wq, N INN WAalAAP4Nntlnlry,lMl /"RINw t 11 CAN" I AElI aMrnd Al1.gal SnxAwY "c4AI _t WI. IN AM.Lulu.NpIM NARwAAfI'l.IA WAIN A. 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AHM4 N IMIa IaCI ARA a 11 IR I NEIICII AND OmmuI ew IRRWIp/pllluRm, ORAVEB ISINI ERE go III (�VIH'� II AS1'UCIh'I'I °IPL". i laFil EuIG 'W "K " XT ft, A :.1CII �' SWEET �, ;A1 8KETCH 11 DESORMTICIN ARORGCOR1GfSIRON f:MIO7, stile ww,n:PN ppR2gNq SECTI0N79iOfMSIIII,H� f ,PAN8E7SEAST CON9ULflNCBNGINEER AIICIAC[:URMps .rAiNiuMCI AIgn:WAANYAISECTION2AND11,TOAAT&IP32801ITN,R41 MEA911126811u lITAI IT, VEftO FEA(N, I L92810 NIAOIlN71RDAOL8R81 feulnllNNNA/l PN;PEA11MaIN "NADH GIN.MNRgpnA HONNA14ERCg1NTY,FLOfma a,-._ uu AI Iw.;mAN. PAOPOBEO PROPERTY ANNENATM)NLI 6 of 60 2/17/2023, 4:34 PM huP» ' Firefox ]IN: 3551ST PG: 4 6 7 https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... ATTACH M ENT A SURRORTING DCCLMENTIS TC THE ANNBXATION 8 of 60 2/17/2023, 4:34 PM Firefox ]IN: 3551ST PG: 468 https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... Gi amegi Hrefileir s C om plants Ind ran Rimer Ceiungj, FL AnnemIiem wind C omprehent ivei Plan An end mein tl Jlustificati a m S tial emen tl End Putil i c Faciili ties S Itlail emen t Auepared by: Schulke, Hittic & Stoddard, L.L.C. Jaseiph Sohulke, A.E. 11117 Iridian River E lvd, Suite 201 Vera Beach, AL = 25160 Apri 202121 Revision: August 11, .1(1212 (Upe ate Bxhi bits A, C an d E) ReN ision: August 2`I, 21022 (Revise Ecreag(i oflsite) 9 of 60 2/17/2023, 4:34 PM Firefox HN: 355151 PG: -169 https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... Annimadaitroll o the Cliq ad Sed asst an Campiteh endvei PI11n Amendment Graves Brat! an Companiy Hortlons oil Sect ans 1-3125-38H, 2 -312S -38E, 3 5.015-38EI and 311-31SME Inds an Ri vetr Caunty, F1 Prepare4 by: Sol ulke, Bittfe 8t: Stoddard L.L.C. Joseph 9chulke, A.E. 11111ncian River Blvd, .lune 2( 1 Ven Beacil, FA 37960 JU1I7IIIF ICATION 5 TATE NlEN11 This statemen'I has been prepare( to support a request to annex 2044.318 acres o4 property (Including rilhl-(tway) intd the Clity of flebastian ane change tlx future land use mvp (FLiUM)_desigrlaton cf tis( applicant's 15113.5SI3 acre property (net acreage, exclucing righll•of- way; from Indian River County, "AG -1" (Agricultura - I unit! acne) to Ciq aft Sebastlan Auture Ladd Use Map desigrlatiun cfl "Mired Use". Introd sac don Die pWpgse of this regluesl is to inure the appaovals newsary fa tie annexation of the property within the Ciq of Sebastian, w1h a Auture hand Usa desigilitiar consistent wilt & city'! Buture Lar( Use Map nF UM and with densities and imensilies consistenl with the city's adopted Buture Land Usa Elemeril of the Camp"hensive Plan (April X4(j. phe landawrer isr Craves Brothers Company Jeff Bass, Preskeni :1710 Indian River Blvd Suite 201 Aero Beach, FTI 3296( 1He property is u parts of seaticrs 1-3,&38H, 2.32S -38E, 35.31�I.38Eand 3631&3811. Thd site is baurded by ar d lies south oli CK `_110, west cif 714x1 Ave (extetlsior), north of 65 ° �1t and eas of Wit Ave. The narl portion of the property (hereafter referred to as "the sit(") abuts thr Cig', of Sebastian airy limits. The site is tlisected in de north/ sotth direction through it's approximate center by 82' Ave. Tie acacage of the sits is Gross ROW Net 821n( Ave, earl: 1139.021. 13.514 ](165.4511 82nd Ave, west: 9(1.297 17.2C 1 8411.0516 Total: SIC44.3'I 8 13 C.7;1 1913.'193 T'le land is locate( eritfrely withfn tha cit)'s ces:gtlated Annexasicm Reserve area, as area identified in tha city's revily adogte( 2041( Compretendve Blain, (reference Bxhibi A: "Map 1-14: Annexalion Reserve Area" (109 2(4 0 C(smprel en r iva Plan". Tl a site bour daries have bar superin posed onto the rnapl far rt ference. Rage "4I 10 of 60 2/17/2023, 4:34 PM Firefox HN: 35SKl PG: a 10 https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... Consisilemi with Objective /4,:I arra As related po&Iles, du Cit) acknclwledges c deed t(I prevemsl urban sprawl ana cisjo,lnmd urban service &,very s)Istlans. 77el resub cj adjacent properties alonil de same arridcr being gKirernea by two a(Benni sets of eervelopmena regulations is mare J djl to result in ai lack cif cvordinlal'on leai&g to poor urban desigr ana a corridor !hail doe: nal functk n as well as iI should. In additloi, the 0141 dedres to devetq ei plar jor managing cnnavilki ej unincorpgratea enclaves, d e anaerati'a a reserve area,i as weal as fr'nge areas ad aced tci Ae Clhl egm0ally for potential econmic centers rvfdtln the Incorporan area The proposed FI. UM dee ignation of Mined Use' is appropriate al this time because urban growd is cartigclous and agricultural acfvitic art nal longler economically viable, ilreference Otjective 1 1-4) Pcdtcy J-1.4.1: ,grculture Land Use Designcition. 7%e Agriculalre land use designal'an shahl b(1 usea for Use falim ing was: faresing, crops, range am liuestack actio ties: pratectinFl i uhu tries that ire c pari of slhel state 's traditkrlal economic) base such as dtrwi and ay uacultune; gpicultura nese rich: cfpiadiural roatea businealses, pubhlic facilities, instilutklnal uses or recreadanal uses. Ike City All clso ut'lcie the 1gricuiInm load use desig►,lation for faalre anneralkns of err dnSI ilgrict lalrai /andel antif such mi dxre dm tlrban grown is condgrcams and agrkukurai acdvldes are no Inger maaaxtkOy WeNe Urbar scale demelopni that i; oontigilow tc ane acjacent td tlx site includes: -The City of Hellsmese has annexed all the lands or the southern 2/3 of the Ian's west boundary. -Aero Lake Estate; (BC) is fully developed along the sites nmthern 1/31 of da land's west bcundar)l. -L-bort) Hark HO TND (TRIC) ha beat approved foil significant urban development along the sites northern P asf the eas boundary. The ceveloper has submitted cormitnction drahvings to IRC] for approval arK torr mencemenl of constructit n. Areasure Coast elementary school and Blue VAder Bay, HD (IRC, have developed along the sites northern boundary. Selvera uthet laiKls lyug riorth alf the site hive received developmeul approvals foil urban developn anti inclu(ingl Sebast(an Park arx RTver Oaks) lying) nord of de land's north bxlundi iy. Recently de City has annexed lands nceth cif the site, includ'ng Graves O (JI 1 acres Icont'guous to Ihis site), and Crelss Creak Lake Estates Addition (25 acres; located North/ Nord East of the s ite, whi eh both have expaq ec the city limits to d e sc uth. TDOT is currently unci Fpeliminary desigq td a lane/ widen CA5110 alangl the land's forth bdundary. (Rekerce COS 2(140 Campl Plan Future Trarsportati(m Map. •FDOT is cuirerdy, under preliminary desigq to construct a neu 2 lade anerial roadway i83"d Ave) from Cr5l (Ito 651tl1 St, wtich h'sects the ,land, starting at tht site's north property I'ne an( ening at the site's soutl property line. Natal:N, IhisneRl oarricos will traverse de entire length ofttb C'ty's annerati(r reserve area, anc th's corridcm will comilete anew nordv south carridcr from 1126101et Sr 60. (Reference COS 204 a Camp Plan Fdtc n Trans" tion Map) See Exhfblil B - Locadon Mal and 7horoughjc re Plan Aoad Hie twaril Agriculture has become economically unibas'ble: Far miany generations 1 b i s area had been primarih the hurricanes it 20(14 and 2(IC151, Citrus Canler Ily th( much moire deadly Citrus G eennlg dise viable it large acreage blocks where all grower.! Because of neigtbdring converskitia tel urban a ded'cated tc de produo tion of c.'trus. Fedlovnmgl became endem'c to th( industry fullcmec clasel) re. Citrus production is nolo onN ecanomicalN can practice similar defenslive cultural praglticel. d nco-citrus cses, th's area is now 114 an islarsd Hager 3 11 of 60 2/17/2023, 4:34 PM Firefox HIO: 3551ST PG: a 11 https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... where citrus product'on is no kviller feasible. Land conversion cost! Maki transiting to other agrjcultura] uses n uch as mw ank vegletallle craps unfea ibk ea well. While livestock graAinll is available, the oconcmie returns will n(d support the long-term maintenance demancs aft the property. Obiectiveis far the futureidleveloamert al the An>aexationl Area The applicant has niet several tin es Witt city staff tci c it cuss the aplplicam's pllarls for its ]arid, ane de annexation procedure anc the necessary regluiremenl that the annexation] and all futurt pglential developpent would be recuirec to bet coirsistedt with the newly acopted 7a4(Icomprehemive Plan. Consecluently, the applicant has agreed that tte cevelopmenl of the land will adhere tc the fbtumh Ronal element of rte comlpineiiensive plan IN Lank Use Hlemenl). The Lad( U:io Elenient plromote livabilit), msuinability, ane smart growl plrincilllei to guise the devekplMent of the City of Sebastian and shape how tte City will grew in the next 20 years Cbjectives cif tlx annexaticn mns'sterlt witt the Comp Plan irlclule: -Encoange mixes use developmend -Promote efbrdallility, aeccsibhit)i ane heclthy ecvnmuniies. -Etcotragil low-impad cevecipnlenk suslainabmi ane energy effuiena WIding design am construct of practices; -Follow growdl menagement principles 6preve)i the proliferation of sprawl and ensure aaegluate bfmoucuire one pu)Uic Jechitles creprcvided concurrent with cevecpmena -Ub7tze the "Pictued Unit Lkve4mina" Process (IUD) to establish cesigq standards anc fcrm- basea cote principles in order tei en)avtce A aesigq cf any ft tun developmew and recogrlize unigW and cheirocderist'es. 'Doc Is and Governar cc The ait)'s newly adopted camel pllan has establislied the tools and gavemance required to ensure these of jectivei am met, incltu ingl: I. F1UM -This application incluces a request Icl designate rte Future Land tse as "Mixed tsel".The city adollted tris new Auture 1Bnc Use designation concurrent with the t(opttion of the J040 Comprehensive Plan. See Ex) ibid E - Proposea Ci11 RUM Amendment )buoy 1-1.:.d: Mix% Use (MC9. The purpose of the Mixed (Ate cesigrlivian is to proviae ci mixtu!rei 4 der mitia, agtcei, commereia,l recreetional, limitee indusiriao, end institunival uses and encouragle ulwn cenilers aolwg major araeria6 corridor,. This desigrladci s)1a1, krged areas oudiae of the Iliwirfrort MEeec Lae Amict .lo a,'1ow for grater f exibitit)l and chdngµng market type; it kenifiea areas of d e Cit) such as the Sebedtial Botaleva!rd Trieugie Area. 7he:e areas nupl (lsc serve eis 7Dhl receiving anus i howirgl fir the preservation of adaidionm !reservation arra conservatk!n lands widin .he Cig. Aediticvuil design end aevelolmew standards including form bases code Iritcpals shall be incorporaaed imo he IILC. The maximum imiensit) is 6.4 FAh, end uI da ­0FWR wit) incentive. Mc elbwallle resicentim! uses incuce singie fami,ily, &Ileies, aura mutt famhl up ilo sen (R9 dwelling units pen nitre, ana up to twelve (, 2) dwelling] units pelr acre ii M jhe use cf TDRs or incentives. incentive shad] de o!udlinea in the 11DC ane ma)l incitde bulli aria nod 11miwa ao projecu that irecrporae reg'onad sikvmwcuer Icind(s), s)ulrec parkina saruetare: (s„ hikelpec esarian caro ec livity, ana quality of pulllic open spare. Pagel 4 12 of 60 2/17/2023, 4:34 PM Firefox HN: 3551ST PG: a 12 https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... 2. PUD - Future develdpmer l of the site is anticipated to 11ti low the developnueal concepts arc prrocedum through tlx use aftte "PlarnedUln't Developganf (IUD,. Polic.1 1-1.6.1: Ilannec lAh Deve,tlmenrl Overlay Designationi The Cigl's LDC shall ccini'mw .o cJlav a plamred unix ceveleymena overlal zonirngtl desgnation in order tel proWee a voltultar711 managpW.1 framework for coordinating odjeatves if developer with these cj the 00 Council n GO Council shlal reserve the authcrihl to invoice new andit&Ins in exteneing development rights base& cur: - Chaelget in com itions surrarindinEl rhe impacted Lald useei in the uicin t)V • Evolalnl l issu es sarrouna ing infrastrvz tun Levels cfservice: •Impacts cri natural resource.; and/cni -CAer recied issues impactitlS the nature ifthe proposed p,lanned unit aevelopnent. Policy d-1.6.2: Pleinned linin Development Option. 77e planned unit devekpment ov&41 designation shall lie atahlalle as a voluntary approach for mariegintll specific develoipmens rharacrerk tics and pn,(eet amenities itl de incorpon ted in midenficl, come ercdal, industrial, oti mlrea use doiw1opmen opn'ons. Dev lopt;rs whlc vohmtarihl pa ticoau in the pr»ceis shall bind themselves as mel as Close when may lie their succe scrs in t'tk tel the subject lana. 3 . LDC - The aity's primagl tocI to ensure all cevelopnlent is in conformance with the , C4( aanprelaiive plan is dx City's "Land Develapmanl Code" (LX�, At new k ewlq m enl mors adterur to bdth the guid'ng Oibjeiltival and Halicies of the Camp Alan, and as refcmced within the C orl Plan, all i eve opm:lent must confirm to all developmetrl regulaton: within the city's land devldctpment code, The LDC is design tc: Al the subaivision of land, ane regulate the rues ori land and in water consistent with this Element, ensure the compatililihl ofadjacent land use:, and prodde for "I sptuN1 Prated d e a vboiw ewt0y smsftht /molds am aquifer n chart a fiow ions Regulatel seas subject to seasonal and periodic froodingl ane prowae far drahuFle and slam wailer mcnagen enrl. Dedicc tioln, acguisilion and development of futa re rights -f --wall Provide thad devehipment orders and permits shall nal be issued which resr h :in a reaucillon of levels of serviced (LQjl fir Gslpae ted pubr is facilities Grawtb Madna(ment Primeiples The a(i: remc ntieneec tool at tt a appUcanl and city's disposal ensure the future c evelapm en1 of the sits will fbIlem tte Grown managemlenl pfocip.lev the city Has envisioned in 'ts anal plan. Guietiall principles include: 1. Compatible Design: suture (evelapgleml of the site will eomlides Cha acjaeenl lard uses and providt comps it iUt)j measures, recognizing tau primary adjacent lank uses are: Urban areas tc d a west: -City of Rellsmere city limits; fulurei urban kevtlopmett area along the soutt ern 213 of tie lard's boundary -Van Lake Estate; urban scale k evm lope en1 area along tie north 1/3 cif 11c wes boundary Urban anlas to ate North: -Treasun coast Bletmentary schoc 4 Blue V&ter Bay, and severe crthes lark a with development approvals (lSebastian Hark, Rives Oak, lying nota cif tle lane': north bcundw) . -Sebastian's southern limits and crthea urban devalapalent withn tte um.4ncorponrled areae of 1tml tourty. Pelle 5 13 of 60 2/17/2023, 4:34 PM Firefox HN: 3551ST PG: a 13 https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... Urban and Agricultural areas to the eas: • Liberty Harty PDI TND, a urbar sca a devlelopmeml apprgv m fos develdl menl within un- incorpgmted county areas alcnil the notth Hi of east bdundary. •agrjcultural areas (primarily 5 ttl 2a acre ranchettes] avidin ur-inoorpoaatm eoungl areas alc ng l he south em of the east boundary Agricultural areas to the ;cath -agricultura areas (primarily 5 'la 20 acre rancheii'es' with'n un -incorporated cauntN areas soutt of the site. The Comp Alan clearly provides pglicies ilcl ensurti fiture ce�ialoprglant of the land will providt a mpatNligl mleasures: Pabcy 1-;. A..l: Smar GromW Principles. ne City shall promae smart growth principles flat cirenl gniwth in mi Went nal, comprehensive way. Theile pnineoles incude Wi ire ne i llm.lted to promadr g a mini (f m es, compacil but k irlg aesigr, wakable commun ities, hcusirig aiversi% enrninnmenta'l preservadvii, and tranlsportaton choices. Policy l,'l.12: Proiect De*kpmerts from Pissihle Reverse Effects eJ Neighbdringl Pem iu m Uses. The City's LDC shall incorporate standards and t r review c riaerie for mcidanrAl reaenticn if open space, regukting holding deslgn, inahlding setback, btliking placemend on Bile, ana llitho ft orienjkltian. 7Rese provhkiis shall he directed ucwird supporting competibi,kty as we l es tol preserving) ltph, a;b, area cperl space. Other reascna le design prine:4lea including buffering) aumacrds, sha,V beinc, uded in,he LLIC. Policy 1.2. A.3: Minimize Ampelca Between Urban mid Rural Land Uses. The LDC shall ircorporate pel*vmarxe sulndards, urban service aHailadilityl sundards, ano other requirememis which enure bufferingl beltweer urban and rural land uses. This isnecessary in order to milmilain respon:ivw land mencgement policies alomil d a outer subdrban fringle wherei urban aeveknment within ,The City eoula paentially impac7 uabrcorpereited egr'cultural lamas, and vice versa P educe Urban sprawl: Ar A fu t utfe develapn enl of the lane Ail] require that the location, scaci, timing, and design of devielapment will be coordinator with pillic fa'cilibes and servicai 4c prewr ret the prol iteration of urbar sprawl, maximize 1 ublic it frastrueture, and achieve cost eflEctive land develcpmerrl Elattems. Polky .I-;.;.2: Reioune 11roJCedon. Ae City A11 seek tc maintain ane mancge de Cityl's natural and mew-mcce resources l)I es,lablishing a pcluere of aevelcpment Aa is harmoraius whil the City's nahlral environment and titality of ufe. 'PcXcy .I•;.;.5: feccmmoaeltel Growth. The Ch)l sha,11 continue to set Alfisccilrescurce lot evenc City service areal, iniprclve Cigl rotldways, cocrdinale public infrastnicture and make ciher iniprevemena necessarA to accovnmodae glrowh and maintain services anc facWties ailadotrnlea level efsenke standard. •Poulicy A-2.2.5: Levekpment Orders and Perniitting Process Levekpm,ml craers ane pclrnlis for all future dj velopmen I shall he timed and steged .lo assure d at regtlisite infrastructure ano services are availallle Policy .I-;.2.6: Ckncurrency Mmagement. ne masumum alkiwalle density ani intensity of lane uses may be limitea basec on atur'lalle pull6c infrastructun. Lana use shall be ;Irecicated on awdlabiliol cf mm -mane iglrast+ucart ant; serviccl sys,lems required la support respernve Jane use activities. 7%a City she Al continue eglorcinAl thein concurrency Page f 14 of 60 2/17/2023, 4:34 PM Firefox HN: 35SKl PG: a 14 https://ori.indian-river.org///DOCLIment/GetDocumentForPrintPNG/?req... maragemient progran, plarsuart ilc Ch. 16;1. F.&, is ensure ilhat fitAre aemelmenu is proviaea essential sero m and faculities ail acceplalhl stmuiar& *FbJicy I -:I;!.7: Design of PulVic Flacilities and Ukilih'es. Puhl'c jacidities arta utilities shall lla,bcatid and ale;igned to maximize the eAiency cfsenices prcvided and minimitti adverse i effects on natural syatansl ana conservation Jan& *Po,k) 1-L, A-• h ccc mmodaling Requisite l Infrastrudurel Ddring the subdivision review, site plarl riiv4 w, anal permit t.lg processe-a the City sha l insure dui respective fe ture dewiopynents allocate sedent lana area fir irfrastwnere requ'red to siippon the preposec development e l e they 4- il.2. 5; CondWons Gow n iing Developmen 6 roem cvi Permih. Consistent wi h Podiey s- .1.1.7, tie LDC slicdl inciude pedornlance criieria regulat hig he ,locedon, rmdingl and scale of develepmeni in order til ensAve ilea new demopment is effeedveb serried by to asterwater services 17 a perfc ►mance enteric i shall utilize rec c gni: eo belt may agemer, practices, aisconrogle the proloWalkln of permelnenr packagle treatmeni plants and the extensive use of septic tanks anal wastewater drain fields on arias with charalcterisafcs or eonditiclm unsuitea fir deir adaptation, and compgl will 0 appdfeabJe pelrmidAll procedmm. 3. Ulilizei concepts frh managing lane and water resources) mclucitg joint use stormwater features, low impact development arc cithei besl managemerd practices. PclJicy 1-;13.1: Lowilnrpc Dewncpmenii (UL). The City shag encouragel UDpninaiples for dervelopmem arta nedevidopment incNdingl those with. newly annexed areas. 17re Cityl shall sequin new develepments toi address faun! r urlrieni darling arta water consenatrorl through princil les inchidingl bur net limited to: - LID aesigrl pre icevi arta tee hno logic Maii address energy, water, ane nuirlen conserve tion. Pcliey il-s.3l2: Incorporate Inro%W've Ncniquer in the Lar. Dewelopmem Coale. The City's LDC sliall continue tc incerpclrctel land ane wcwlr resource best managemeni practices suchl m reduced imp rwous area4 increased buffers, LID, surface sura we ter managemen inaluel wa4ler quality} scall erosion end seeilmentaticr, cclntrol and comermtlivr ifwater Tee cewillopmerd of thil site will adhere to tie Mt:ed Use FLUM designation. Ile Flanning of fi;lti re der elopment of tie sitd will be ccenpletec ur den thi pgllicies and guidelines of tt a Miaec Use H➢UM designs ion, and regulat'ans and approva procedures out ined in de city's P.U.D. development review and aptroval process. f cdicy J-1. ?1.6. Mixed Use (MU). " T7td purpose (j Ale A&M Usa c esignatkn b to ppovk e a m is ture of residattad qffice commereielb recreational, 0 ited indusirtal, ane institiltional use: anal encourage dox7i conilerm along ma'or artilrial cerrlccrs " The 'Mixed Use" RUM desigrplk n and HUD developmer l approve l proce m provic es the city, with tie tools and the relgylatorp indarityl 'a gyide ani direct the loeatca, uses and intersit'es cd residential and neat) -residential uses while pnlvicing additlional regrllations to ensure) Tare use eompatibiliq, buffering and open space provisions, prevention of urban sprawl, and protection) are managemenil of natural resources. These policies am gridelines irclude: Aagel : 15 of 60 2/17/2023, 4:34 PM Firefox ]IN: 3551ST PG: 4 15 https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... Poik)l .b3. d.1: Urban Design one Colmmunityl AppelwKume. Goodprineiples of urban aesign shall I e opq,Ved ilhrouilh side plan review groceaurei in orders ib enhence general ecmmunity cppearance as well as .1401 greset ve anc enhe nee opei spaaa ana landsccge. Mils program shad assisil in proileeiing major natural one men -made resources widhin he City Policy 2-1.1.5: Graenwiq Plan. Consisalend with Me Alord Inman (liven Ckunty GmwenweDls Masser Plan (20W), .he City sl all seek funding) fcr and peel ari and mainulin a Greenways Plan far bicycla and lledesilrian access. Pok'cy 1-3.s. : Daw1opmend lmlaats. The Cit)) shall require atpplicanh to demonsarme measures to mitigptle the edmersa impacts cif the plropelsea aevokgmani on hisilcric or arxhaeokkl'caA she or aructure Policy 1-3.4.1: Hea4lhy Communi lies, The City) shall ensuni aquidably 6ishibutea and ecceslibAe cicGve ,Iransp"tion fcic'lities (�,e. sidewalks, We lanes) and recriational cApotltunidies (i.e. parkA, greenways) ,lo sugpert hem A)l ,kJe.Uylles and physiec l eletivityl Polish 2-1. A.9: Rdawalks ana MuAi-use Acahs. The C'ry shall aandued a sideNiaAk assessmeml end wa+ldngl stud)l. Sliaewa,ks ar niukkuse paths shad I e mm dailory on c V new c eve cpmentl and on all new rocidway consil ion. Podc}l 4-1.4. 1: Proileci AklJural Llminage Fealttlris. The C'ty shall plroleet nalwal drainage fealurns and ensure futulra ceveaopmarid utilizes sdormwader management sysdems aomiSlilnG miih criteria of all alprepniite .cicarl, silate, ana feaeraa agencies flolicy 4.1.4.3: Ensure than Urban Lanus Provide hdaquade Dlrainai curd Protaation from Floola'ng am Manage the latanticn of Gioand and Slurfalce Wciten au L.9veas dad Enhance Natural SAarage Capacity) ofifailersleds ana Piii Aquifer ReellarSle Aolicy 4-1.4. l: &uffeir Zone Requirements. Me LILIC sha,l includa perforn once criteria which shad nequire that nem dewilopmemi provide 1 ujJer jone: aajacen.l i1a naturcll drdnagleways and retemdon areas Ikii 5-1.l.il: Proilecdion of Ahnlral Recourses, Wilelfe, end Habitats. Phe City's lana oeveogment cane (KILICP shaAJ inclide: a ferfamence crideria shat praaaats the City', netulral icsourc&, wkfife. and habiults of endangered or ilhrealenea species fram he adverse imgecls of develogmena by ngtladingl .he lacadicu, densigl and intemiry of chose aedivLtes which ecuse the adverse imgcca. lkilicy 5-1.1.e: Open Space Corr'dor Sysdem. Throug# the 4DC anc ,and aevekyVneni )inview proceais, Ilii City shat continue to identif)l oppordunities ib: a. Provide an imlerconmtatad open sgcice corridor :gistem that inks existing openspace:6 graenmdy:, qullic right ofways, and maids inclucing new open space corridors b. Arovde connealions JIKnI adjacent ceveibplmam to exisl'ng orplanned open space com'dors c. Connect parld and civic resources (4e., Commumihl Cemler) d. PtK vide ikiw- impact natures aelivilies such cs walking araids, benches, picnic areas, and ecnoeftyak ,bunches e. Ccnneci the City am County 's open space corriaein f hequire thad open space corridors minimize the fragnlentaulicn of aignji mans mi Ilife h4 Mai Corr'aor widtls shah be deJtnea bases cin ale nailura l rangle cif dargetea half imspeeies, however, are generally ecnsiaered to be a minimum of 25 fast in midih Page 8 16 of 60 2/17/2023, 4:34 PM Firefox HN: 35SKl PG: a 16 https://ori.indian-river.org///DOCiIment/GetDocumentForPrintPNG/?req... WhIc the Mixed Use FUUM cefines maximumi intensities and densites, Itle Comll Alan and LDC also regulate and rests d future den eklpmenl td ensue (eudaprr le I is low inpact, it cluding provisions fclr allprollriate ecological preservation, adequate bdfl-riMl anic clperll spacq, and appgrtunities to desiggahl raidentia and commenlial needs of the cit), a defined in tte cit)'i comprehensive plan. Slite Intems Iv and Denalh The comp plan provides guidance on hot tte locadori and inteqsib) cd residentia censities an( rcm-uesidealia irlemities. 1, Resddential usesanc fdWnsltiew The sial locaxcm and size provide thi city tte oppcptunity tc create rew residential uses aseat which can Help address the city's current and fillurc housing nee(s. The proposed Mix Use FLUM designafon permits residential uses include single familM, dullexa, and multi•-fardily up to tem 1110) dvveRWg units pq■ oars, and ug to twelve (I171) dwelling units per dere witt the usa of TDRs or incentives. .,.,coordingl BEEIR, the cffrcicl popuktion aslimaie of permanent residents in the Chit tfSebnstian as of April 1, R20 is :5,OV residents. Sebastlan's fifun )xpulation growth is projected to Ila ?19,:67 residents by the year :040m[ith do average gnlwth raitci of 8% The City 'sprojected grcwd will/ conAldus tolrovide developmeni ana redetieknmemt clpportumbles for the Grit "(2040 FHIEW,, Lana Use Elemen,) The City's Housing Eleniew ircicates thaw the city /las a need feu a rime cNerse Musing marker ant mere affordable Musing: Goel .i-1: Provision of Ituesirig. Ensure die linvisien cf a sufficient suppi}{ of decent, sefi, and sanikr)l housing eptkns, tnchotng affordable housinBl ahai Is responsive a the d'verse housing needs cif the Citjl's exilsdng ana faun populaituln, while encouregingl the preservation and enhardemet!t of the Citjl 's ezistblg llcusirg steal mut hiski is sdruchIM. -.,ffcraalle hciusing is demirmined !}l comparing die cost cif Hoatsing to househola incomes Finck Stati'teai aefnes affordville kousing asmonddjl rent cumondly mond le payment tacluningl taxes, Insurancel and utldtes as not exceea 3t pereenn cj de nediaA adjusted giros annual income far llousehol&. -Coskbwkebied llousehokis pay more than 30 percent of in(tme for rens air morrgpgle costs. 71 e dame inei(ajom Vzw AW /muse)oM:l within the Ch)l (Pl%,J pale move than 30% of income far hclt iingl according to Census aaite the higiest perrentelge cf rentelrs it Sebasllal are paging) 35 parent or sore of "r Ineeme for Aousft. 77tLs ala:kes ay0'orda O/d an issue for renter. In d e Cuy': i.ccording i1c the Flbriaei &ursing Alva Clearinglulum, 4,31( hou.,lehclds in Slebastdan (4;1.1%1) wereileaidec b)J a,pelrion age 65 croker. In Sebastian, x924 cfekerl)! helu;elulkis (9,Nd))anin dair hlones, whue 1,35GI elderly 9enwhoids (371.;1%) llay miorcthan 30 pllrcent of Idcome tot reirI or mortgslle costs. Pagic SI 17 of 60 2/17/2023, 4:34 PM Firefox HN: 35SKl PG: -117 https://ori.indian-river.org///DOCLI Tient/GetDocumentForPrintPNG/?req... The Mixed Ute FLU dledgusi will permits mix cf Residends] Usesl and the either Comp Plan Policies (cited Herein) requirecompact, salatainahle, lcvi Implao design, wbkh afllardls oplpordrnides to cleMelop a viasiety of reddlendel locselold types, andl promotes the) dlevelopirient of afhrdlahle latsinil options. 77e mix use RUA41 the "aldawaille residentiatl uses induce single family, dtplexe:a and muJtf- jamiily up io ten (IV(,I dwelling l w its )lar dere, and up tc twelve (J�,j dweblingl unite pen ac re with Ae use of TLIRs on inarntivea Incentive: shaV be cudirrez in the 11D( ant may it ivae llui are nail limited ao projects Thai inio)ptrahl regjona atormwailer pcnd(s), shored parking) structdrm(s), bide/pedesMar connectivity) and quallity elf pudic open space. Policy 3-i1. L L Acequwte Housing The Cityl's Future Land Use Mep shell inauce adequate amccints of ,bads tel aceammocate ilhe prejeeted 1k using gnmith through a variety of housing typole one housingl va,aesl. The Cityl shell continue toprovide lana use cesigrlcitions ane zoning districts on the f4tt to Land Usi end ,Ihe Ofciai Zoning Mhps, nespective,g, to ensurd that singkl Jon i4y dtplex, ane medti jami/)l housing) units ere allowea within ;Ihe 0h1 iuprovide a adverse range ofhousing optk ns (aviner shi*r ent) Linz meed a range t f income t pdror s. Riicy 3-11.3: hbusing Oltfons. The City sha!V, through it: Land Ddwicipment Coe (LLIC,, er courage the develollmendr edevelopmen cj howingl tha Md integrate housing opdions, including housing) type Linc ownership status (own/rem), across adlneig(tbtlrdoods. Pcdicy 3.11 is Mixed Use. The Ciol shOpramate mizedwe cevelellment At if incudo provisicvrs for a wide variety cf housing typed end pried) in close linximity td mgpon jachiivi. Pais) 3-1.s.l: Affonellde Hciming 77te 0f1 shell reuiewmethods far czdres:ting the cjJordatk cvtd "musing midcle" housing) shlcriage in dc City. 77e Clty shaia cant -nue to provide teedtrtieal t ssisilcncd, informa ion, cind housing) Li aid dei d a llrivaie senor do i az var t e he deveicpmert of Joir c nd ajjt rdnbie 1 ousingl Pclfc) 5.1.4.6. Wan) del proviae affardahle hcusirgl gtportunidies in .he City jcr the Ci0's warWorce, as we, 1 as tic prc!v'ae choice in housing) types and stylk s to appeal to & verse demcglrcpl is grcpips needec to drive economic development .n 5bdasilic!n. Policy 9-11.4.4. Conuinue the ceve.opmenil ojgreenways as erlensiins of the ON's parll s)ls,lem is ncmiase open space cm recreatfona; ellportun;tiet throughout the Citfl 2. Nam-besiduntial users and it tali slUles (C amm(trcial send lighll Industrial Uses) Pailic) 1-1.3.6: Mired Use (MU). The minimum intens'01 is 0.6 FAR and up to 1.0 Fl4R with ins r tives Id aiddlion to atlxr elerrents cited herein from &.e 2(14apllan, the Economic Deualapment Illemerl and Latx Ust element of tie 2040 Comprehensive Plan provices 04 imipetua Its supflprt this anmmatian and further, In deiignatd commercial slodlight indurtrial cevelcpmeot areas for this site. 71eComp Pdan's pnjeclions widin it's Eecnclnic.,nalysps "suggesdaneedtdadz eppoximcilely �9 acres ofcommeraia lord anc on aaa'ticnal 68 ecres of'ndustria tion. However ... the Ory may bdnd4 from significantly more employrgenI (hat cauda' nikd woi drips shdrier, c wt 11 es Eringl fiscal benefits. Furher, while much cf1e C'ty's indusar'ail caplccdty iso the Airp(rt, hat location is ncii weiV-suhieo fon c h indusirie: the Ci01 ma)I wish la tarai t, and the look of ai quality inaust;W parid Lir simicir jbdJh)!, hos Mlen ei'ted as a berrier to increased camlwHivewess in ettwhfg targaea incustriies. Dus the City may mold to allocate additional lnausiria Awdsl lnauWAg Page I ( 18 of 60 2/17/2023, 4:34 PM Firefox HN: 35SKl PG: a 18 https://ori.indian-river.org///DOCLIYlent/GetDocumentForPrintPNG/?req... pc ten tunny in area that are annecea In tl a fiuba e, as p a rt of econemlc deve1q me nt effi Irts. Simiklr6addidcnal ccmlmeraial capacity mcgl Ile necessary jar the purpose of creating more ejjiciemi land use paterns, riith comnerciatl uses nearby, and Flhyilc&IA and fioutlonalbl integratea with, reskential uses in order to create) areas suited fi rpedawr'an and transi cctivilyl and dynaWc aclivihl " Palicy 9-1.3.1. ne City{ shay periodically review the inven,kiry cf amilabld Industrial Irma and the reguleltlons gclvernbg them .k ensure Mat appropriate sees wAl remain mia'latle jar the industries ulrgetea ,In Policy 9-1. 1.1. The Im entogl and Ana ysi: ev t luaticm con clue es d at annexing tl it property wank Ipovk a opportunities to improve tha residents' quality of life. This sitel's size arx locatiar provides tie best oppQruWhl tht arty ma7I have td cevulan a sustainable industrial park anc prgvide svpportinil commeraial cipporlunitiees, which has the potea tia] for att adian of morel sustainat le industr'es. Benefits ailed is the Coma Plan :include: 'locreaaa marufaclannilempicynert onporttnldes • "1n terms cj manufccturintg eW41)lmeni —Hhid is after prized in economic deveibpynenl becausle i tyglicalily e8'em re,kltively h,EIh wages bul manA tin ea without a dvaneea ea ue a tion . ". 'Decrecie employ meintdepend ene suilolmablletrips and Irinlength: "DIedcul alsosetgglest .hat Sebastian residents are inareasilgly traveling firther to r orb wilich gcis agcpnsu the maw in the Stdtel of is kvida The de to show then SebmUitln has t'ec ome mcuie aeuo-dependend for work relaitea trips. Ais is palentiahly rehIvant jar a number of reasons. One is that it d. is is caused bye a lack of accessllU,k from Sebastian neighbdrhoods dajobJ by miwrs other dear privaul aulomollik eel will very Of%Ieult for these unat!le to drive to support themselves econamicaib . 19 is also relemnil as Sebastian a,lempts iobeccnmt amere "green "Cityl ane oiltract sustainable industries. , reversal of di trend would signed progress in dhe effort to became maregreen, and would aisa be a selling) pqut when trying ul c,vnct susidinable industries aboilt Ail City 'sseriousness in strivingl to create e mclre susialr able faLlre. Hurther support of antlexation of this tite ane designation of commeraia and ligli industr'al areas, tie cit}i's stated citjecive, and pplicies inclide: Gtyeetim 5.1. Lin cooperallliar wiuh partner organizatkas, streligica'ly tangier industry clustlers for startup, relocates and expipsion in die C.Ityl offer appropriaie inaentfves and effectively market Me City l ai a loda,ion far Move industries Cbjectve 9-L'. Take steps til ensure tha,l applroplricae sile:i are civaddle in the Cltyl far aesilred commedaUirldusitial aeveikkmenl tha, support the City's econamic strategy and to ensurei thatl ilfi nnallon abom available site, aria ala tldb gs Is readt A a va labld m prospec Live users. PoScy 51-1.:.1. Consider ant iu ar,'on cf areas auis�ide . Ad Cigl Jai a rk plrovidi fi titre areasft r commercial) crindustrla aeculollment. Policy 9-1.:4.. The net dfor future lanas far economic devalopment shell be aplrimeir): jicton in pkinnirk for growtl in areas surrounding the Cityi firm coula be annexea in the future, ski pardcularl the CAWI II corridol soluth of the Oty she uid Ile eolnsiderea for future fildustrial growth, ineduaGrt; the pass ibW,ofan industrial parol The Lane Use Element pcilicies also provice gulicelines lbs tie allacatialr .of non-retkential uveas alan8 n ajos atteriah whiah will noir imize The imili ct on residenlial clualitN. Thd site lies at a very PElge l I 19 of 60 2/17/2023, 4:34 PM Firefox HKI: 3551ST PG: 4 19 https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... advantageous loaalion which supports urban developmienl. Thr site is the Ilerefaclor o1 enistingl anid planned thorouglhfale saadsq aistirg wafer and seweji ulilitias, and exising 9RID drainage facilities, which can sullpor the future urban develcpn en1 of ilhe site. The site is strategpcally located where) several existing and proposed thorciughfare plan roads will provide a favotiable grjd retworl of streak, previdinll multiple means of access frame all cineciions, including improvenlenls and tan ea tensions of 051101, CI, 82'd Ave, III sl 91 and 701 Aid. The road netviorl wiill ensunl flat traffic generated by the site development wiill nol overburden ane or two Nroughfares, Illai residents and emplclyees (if the side can convenienilly access or depar the aaea with little risk of delays oa hindrances), and most impgatanily, both city and Lldian River (lounq emergene)l services will have multiple alternative routes to serve de site. It support of these sbltoments, Compl Flan Bblicies include: Paligl 1-13.9: IkVterri ofNobb•lesiaendal Lana Use. In order to promaue e Tien flaw cJ uaffic tJorgl mcljor artnr"ads cldea in jibe Transportaiian & Mobility E4mend, achieve orderN aevelol mem, ana minimize aavense impar l on residenCad quaity, non-resiaentiaul ceveJopment shall bel cone enirt led in stmjegically located (targeted) areas. These areas .Incluae thane halving location chart orwistics which best aceommmate specifc ,Itud, site, pubic fteilit'es ana marked location regluiremews of their respective non-residential uses. Po,iq 1-11.3.10: Allocading Akin-Ilesidenfia l Lc enc Use. The agnrove d of nam residen,liad uses shnlh recoglrilze Mai respgethie non-resMeniiad aceivitie:i fregrleni6 have di„(jerend site, spatiasl aro markej etre i charciclerisdas ana gpnerete signeican,ljl aiffenenl impacts. Justificaltitin Statement . Contlusion The applicant, Graves Brothers Camipgny, Has submitted a nequesil to volurtarilll annex 2044.3 18 antes of property I1inoluding righl-(1-wi1) into de City of Sebastian, The site is appropriately located Ibr consiceratior oll annexation, The pnollert) lies avidin the city's cesiggated armiena6on rtiserve area, and is aonligtot s Mill the city's southerr be urldarny, and iil's east, west and ncrth bdundaries are adjacent to various degretls (ll existfng or pinoposed urban scale develdplment. The groposal asa includes designating the appllicanl's SI13,793 acre prolerty, (no aa>teage, excluding righil-of-wa)) vilh tie ciq';I newly created "Mixed Use" FLUM desigrlition; ant a4 city's policies and Kplationls pT vice a Nun plath for development cif the si•e with apprapniata vesidential densities and intensities dreugh tie inplenientationi of ilia Manned Unil Development (PUD)Overlay Designation and FUD developmenil Ipotesi. The annexaticn of this site has been proven to beaonsisulnt wiilh the city's rewly rdopec 2CI4CCom4rehensive Flan, and idle appllicanl has provided evidence That tie annexation will i<,sisl the aity's goals, abjeclivas and golieiesthat will improve the cuallisy of life of its existirgl and fulun usicents by plravidingl divenle housing <Ipportunities, end new and ac vantageous social, ecanondc ar d emplloy rent opportnitiea. CorusequmlN, the appllicant request that the City Planning and Zdning Board and CitN Council apgrave the request to annex the site and desiglnale tie site "Mixed Use" on it T utuic Land Use Maj. Page J 2 20 of 60 2/17/2023, 4:34 PM Firefox HN: 35SKl PG: -180 https://ori.indian-river.org///DOCLIYlent/GetDocumentForPrintPNG/?req... Public Hacilities Statement! Ger &gallN, the siUl lies at a very advantapeou s loddian wh iel support urban do elappient. Tne site is the benefahm of existirf and planned thcrcuagbfare roads, existing water and sewers utilitial, and existing SRM drainage fac ilifes, Which can supporl the fWtum urban develdpment of tt a site. The site is straUgjwlly located wlem several cmistinil and proposed thorouglfsm plan roads will provide a fWvuralle grid netv,clrk of streets, providinpl multiple r:ieans of access frclnt all dirced(ms. Ile road network wil ensure than traffic Swerated bN the site development wil not averburden one: err twe thorcughfaresl that resident, anc empldye cs cf the site can conveniently access os depart the area witt title risk of delays clr hindrances, and most impelnantb, beth cit} and Indian Riva County! emergency services will have multiple alternative rottes to serve the sits The site will have) thomoughfare roads on its elntine perimetei ; The FDOT is pireparing far the extensicml of 82 °d Ave which bisects the property and will complete de extemlkm from SR6( UI CR5.1Q ane da FDCYI is preparing plans to widen CWHO td a lanes fron US :1 to Cdl 1, which passl alcing add is adjacent to the site's ncrth bclundary. The initial extenoien of 740 Ave along Ox sites cast bclu:ndary frwrl CR -'110, % cf a mie souti, and the clensicm (ill 81" strew from! 66 al Ave u 74 01 Ave wi I be completed as a condition of approval by the IRC approved llrbcriy Pad PD TND. This projec wodc ultimately amplete the 740, Ave eotersicn along the southern! 14 of it east boundary to 691tl1 Ste Ona! the 81" 91 extension is completed, 69b St ort 0 a sides soutt bdundaq will conned 82 Ave tc US :1 to the east See Exhibia B — Loclaitiar Map en4 nwrougllfaire Flan Road Neto ork The site will have sevilrai thonaughfixt roads extending into and ariating thoroughikuieiutemsectunc internal llathesitet 10,80" , 82" , and 8910, Avers; in the north / south cireWonl amd 73d, 77111,, amc 811" streets in de east west direct on. Exhillia C —Site The ros,ghfare Flan Network evld SM Canals THu dtrl is located a jaces t tc the ecunoy Urbul Servicers Ares The site is located adjacent tel the c(uttty Urban Services Arepl on its north, eas and wes sides. The offreia boundary) in this vic'niq is CP5:I0Ilnorth of arse contiguous to rte Lite along CIR51U, and 90dl Ave (west and contiguous to the site / City of Felismen / Merl Lake Estates), enc 6( dl Ave least cf66sl Avi , Wigtpus hilcrtla east boencarycfthe site) 174"l Ave, is officially airtc the rrapped urto services &real dx alunq has already effectively movec de boundary from 60 A ve tc '19 eh Ave (land cottiguclus to the si1e; w'th the approval of the Lrbertyl Past PD TND, amixed use devedupment witt uvea 900 urits anc 2(10,00(1 sf of commenrial use. Consesquendy, tte effective county urban service Tins is al the sites Nord, We AND Easl boundaries. However, inespective of the CCIUNTY'S urban service line locations, Article 6 "Opeatingl Maintenance arse Expansion of rte Sebastian Ulility %stem" of tte "Idterloca Agreemenl Providing for the Trarisfen cd the City of Sebascan Water anc Vslastewater System" adopted Sept 20, 1995 between INC and the Ciq of Sebastian provides da IRO has an affirmative duty tel expand du' system) inside and outside of the city, and to prov'de service by rte court l's water arid wastewater systems concurrent with the Page I :1 21 of 60 2/17/2023, 4:34 PM Firefox HN: 3551ST PG: Al https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... dem at ds of new growth or the Expansion on exlansion of waler or wattewaten tratlint i!sion, distnbution, as (wlleclion facilities by eithen the city on thea county. Currently, ]RIC has misting waren distributioin mains along the sites west boundary in Vero Lake lbultes, water and sewer trammission mains on CRI 10 on the sites north boundary and will bave utilities at the sites' east boundary concurrent with do demeloppnenl of Iliberty HaAl FID TND, Iiberty Park RD TND will be conneatingl and exten(ing utililias south and west from (IR510 and 6E" ,elve, tlaough 81" St, 7016 and '4e Aye ullimattlly bringing ttiliq services to the site's east proplerty line. llea ExAiilitfl- UdditylIglAustructure The wile lies entirely within IN Sebastian River lmplrovemant district JSRM), a chapter 189 and 289 Improvement district vihich is responsible fon tie itripletrentation, olaralion and maintenance (if a wal(r ccnhal illlar and siormwaten drainage by gjavity, witlin the distriel bourxaries. Consecluenlly, adequate faadiiiias are in pllace to enswe the silo has adequattt and leglal drainage calabiliti(s. The site is bisected in the north south direction 8y both L.ltenals C aid L canals, and adjacent to lateral D on its west boundary. Lateral L canal runs along and tirou8h Ilic naturl slough and headwaters of the South Rr(ng of ria :11. EebaWan Men. Several sub•lalerals bisect the site in tla ea:1 to west distiction, draining a tria.jor'ty of the site eat and west to lAtoral C. These include sub - laterals CIA&W through CITE&WI plus CI6&7W. E)ihiBhI C, hide Mc nouglhjam Pilc r henvork and MID Canada• Ades uaie tsaffic, ulililies, drainage, and other facilities eilher exist or ane plan tied in the vicinity of the site. Tlla ClomprahansNo Plan, InfmAtnatwe Moment establishes standards Iksr Concurrency management and specifically, standwids for Twnipottaton, Poll able Water, M'aslevrales, Drainage, ane Reeraalion. Chapper 1X of the City's Lanc Development Code, "Cloncurrency Maniagemenl", defines the level of seraiaa standards fon these lacililies, and specifies that adequate provisions for these servicts are necessary to suppolr new darelopment. Lllou submittal of ary new development prapgsalr, the ciq*s Clomp Alan and its 11DCI require a complete evaluation of existing inlsasaruclura oaplaaity anc nee( for new facilities conaurranit with (evelopinenl. Pagle 14 22 of 60 2/17/2023, 4:34 PM Firefox ]IN: 355151 PG: 4 82 https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... Ilis of Exhibits blubil A: "Miq 1-14: Annexaticm ReserA Area" COS 2104 U Comprol cm ive Alan'. Exhibit B - Ldcat! on Mdpj and Thoroughfare Man Road Network Exhibit C - Sile Tb oroughfare Alar Net%ork and SRID Cabals Exhibit D • Utility{ Infrastmeturd Bxhibit E • Proposed City FLUMI Amem dmen i Attachments W arranty need • ThtlePolicry/Certification • Suney oflLand Hage 1' 23 of 60 2/17/2023, 4:34 PM Firefox HN: 3551ST PG: A3 https: //ori . indian-river. org///Document/GetDocumentF orPrintPNG/?req... SEELASTtgN ;:- Map 1-14:Arreixation REAUVE ArEla Anne)Iation Reserve ARea D z O z m x D D p z z z A D p m cnm O A Z m m A D m m U) m m D m m D m m D 'ry h O 4 L.R.519 O O G 9 N D Z �4 < Z rtl m 9 O —1 y OD Z o 0 Fr C.R.R1 L iJ C iI li II 77th S1. q. s n FELLSMEB61 T - a D Z m D m Z s x C m ' Guos1 ANNIuIAnar a.enn 69th D � m m D'F 161RO wHh.luNG URNS m 0 4.015 075 1.5 Rl GI-OF-WA'19 Z Nile s ANNOXA711CIN RBERVE AREA - ,,1 ,horn `'Iowtce CIity of Sebamin ° ° ° GRA VII° 9FO1 HAe' Ex HIBITA SCIHUI KE HITTLE & E TOE ❑AIR11 r I CI n"' RVIN N AIIION ...StT r am oe 9e1A Sibl 11 4rmvunl crnxwv iav� rewmwc y ANNVIA111 r1 RR n0910 ORA i.L. OOAIfl REIIRt•ISI IE PI AN 6 ; t ��Z7A l 24 of 60 2/17/2023, 4:34 PM Firefox BIS: 35!I1,1 PG: a 84 https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... T Pi j LY Oil IN E 1141 ..- . GHAPHKI K �, i i z,5ou a,000 25 of 60 s y 3 M1 APPROVE C A FUTUR11 I.M. DEVILOPNINTS 1 `. 111,2714 ACCI. F 2114100 RRSIDINTIAL SEI U NITS *t W 0,I o , 4- Yj �t C.N.510 1 CK, In ,y PROP109ID ''_ N �ANINExaciN j � 11 L� as u n4 771111 IT MZY i M1 I LTH 3Tj 091H 311 a ms ws i POT'. 6S1H;1 .I- m.,T ROSS ANNUA11ON AREA '[EPICTIO,WHIM 111Cll l0 ESI f IGRI OF -AA) S _..J 5171 Sl u 11 a a f7R911 1 v ex -e 2/17/2023, 4:34 PM Firefox https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... BIS: 35!I1,1 PG: a 85 r W ! lu a.aera mmm"MAI no owns "7— Cal J— AK_,.. 11 +� 1 IIA 8YA441 Z67 ' S• �y ! i I n 1 S a _ L� NLry `! f 1 .it I i nE i � �\ ,r•n Atli � t AV 1 JJJIII - � _ GI ANNEXA' iON 4 Fil 9➢iGTI 1.N 11P 11(AH[!G flIGlf -OF-OS svrHdr WSOM- s d l 0 Z N tl r. 26 of 60 2/17/2023, 4:34 PM Firefox https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... BIS: 35!I1,1 PG: a 86 J] I I CIE Al •... E I I 3 � �`� ❑Rf3 C�' utvatiRv a F � • ,� t I I I -I li a �a PROPOSED �_ ► ° CITY OR LF,C W11TER , *I SEBASTIAN 1RIWKINTPLANTILL ANP EXA1110N i a f PROPOSES PRaaisEE orlon 77TH ST i OIT1OF ExreNsinNs N Q(I on i c RHAS11IAN WIDEF TY PARK) ANNEXATION m � . NOT GFOSSANIIcXAlIONAHEq i DEPICT90, NIHIGH 0ICL,10 E1, LL CI I i t RIGHI.01•WAIIS G r n or U. lo z a INDIAN RIVER o I �1 COUNTY K F Z a q f ^ I u �NDltl� RI7EIR 0H 511 el Irk I � n t,L ,A t Ncilk i4 IMISIA)f h IFI RB Ivntna�os l)H f it i1; 4 h f I U fill a' i I moi& 2' g (IRAK 1C SCAllB EXHIBIT Da iso tsui ��� l,TUTY MRA''171RUCARE ( IN FEET I intl = I'A (ft. b&U .._�...�... 'anal 27 of 60 2/17/2023, 4:34 PM Firefox HN: 35SKl PG: 4 87 https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... 41EIBASTigh Now or r1ucA+ Iu+rB CAA9E9 ERC TI axwelie SCHULKE, BITTLE 81 .STODDARD, L.LCL Y CITY OF CF 'EE A7 TIlN FROIIQ 9EID UIT' flLIIM LSMIASIM.C/WX FnVE[AK RAYwCG'1WVlIMIC R.YVMM ' '14 NlXA TIC MA P A MEINDMENT Iwwue INDIAN 622 BlAX SUITE 1�t tEFC B[ACN, FLS IIIA Ye56� LEI -7 INDIAN X10.05)1 xil>; iln-W4fi flus;. i��n1,`.aMnyMwc�mi 28 of 60 2/17/2023, 4:34 PM Firefox HN: 35SKl PG: -188 Parceil I D 313 83 90000( 300C 000(12.0 3131831E10(IQO(190CK 000(13.0 3:L 8(120CI000l00CI000(12.0 3:1318(1200000300CI000CI11.0 3238CI20( I0009OOOcI00C19 m 3113183190( 100090000 00(13.0 31131839000010100C100003.0 313839000100lOOC100003.1 3:1318020001001000000(1 ll A 32380200CI00100(ICI00( 2.CI 3:1380200DO(I,l000C 00(13.0 313183190000071000CI00(I1.0 31383I900(0011000000C 2.(I 31318390000031000C 00011.CI 31318:15 000( 0900000001.(1 31318390000 Oa000(10001.CI 31318390000 Oa0CU0000041.C1 3138: 9000c10a0000C 002.(1 313 83E100CI009000CI0c02.C1 313 813E 00( 007 000[100104 .(1 3123181011CI000011 (100(100031. 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CI 3123801000(10: OC 100010041.0 32318011000C105CI00OOC 01.0 32318011CI00(IO50C OOOCIO:I.O 3123801(10006 50(100(1003.0 323EI01CI000C50000(I004.0 323801(IQOCI07000000U:1.0 3213£101000CIC17000000013.0 323801(IQO(1010CI00( 0011.0 3123£I01(I(1000300c100C10:1.0 21213£101C10000300C OCIC103.0 313 £136OC 1000 ]100000(107.0 31313 £ 13 6(10000 7100000(1 ]10.0 31113£13160000C 3000000(12.0 'r11306(1000CI300000CI03.0 313£136CIC100C1300000004.0 313EI360C 0OC150(0000c 1.0 3113£1360( 00(170( 00000 2.0 :13138360000(170(I000CIC 3.0 https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... 29 of 60 2/17/2023, 4:34 PM Firefox HN: 35SN PG: - N9 https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... sI A:IRAN 4 a fig i Pnored by Darlene Pegg, i n erooyee of Site Title of 171E Tmasure Cea4l Ica. 3055 Q rMal Drive, Sh 1105 Vero Beach, Rwi& 329E (772)231-5t 60 Realm td: Glwtetll Flie No.: EF; 0285 SPECIAL WARRANTY DEED THIS I:NDENTI E, executed an Auquet 25, 2022 between Sob alstian River. improvement Disl ic#, a dralnage district organized andl mdeting and er the General Drainage Laws of tiro Sitaltel of Florida, also known ami Sebastian Kitner water Control Dlbia* fornwrly known as Sebastian River Dralnage UIsaict whose mic ON address Is: QC Special District Seavlces Ina 2501a INrral Rd, Palm Beactll Glydem, R. 334JIQ h ere Inaf Eer calf tt a "gra ntoe, a nc G raves Brothers Com pa ny, a F Wkia corporation whose mailiri address Ii 277C Mar i Blvd., Vero Beach, FL 3296CH230, t ere natter called the "gra mese': (Which to.,le'Graitbe and '�Grarltee' Ilial include dngula a pksai corporation a Individual, arc eMw send, and sha I Include heirs, legal representatives, amcassm arse as*= or clic same, WM ESSETH: The grantor, for anc In consideration of the sum of 111CIAXI and odw good anc vald able cons deratton, receipt whereof b hereby adawwledged, by b ese present does) grant, bargellri,, reease, convey and corif tans t: nto the grantee, their t elm anc assigns, all that oeM In k nd sli nate in Indian Rh en I County, M to-W11i See Exhlbif "A I' and Exh lblt "Ir att of ch ed heretic S u i ect tol aq reservaticirmi, voveni conditions, restrictions; anc easernerts of record and tc al apF flcabk zor Ing ordlnanees anc /or restriction Imposed by governmerta eludvAli If any. 7 ogether with z d the tenements, h erec itsments and appurtenances d ereta belonging on In any way appertain ng. Ta Have and tel Hold, the same In fee simple forever, Md Gra ntor h ereby covenants Witt salt Grantee that G rancor h k wfully seized of said k r d in fee simple; U* 0 has good right and lawful authority td sell and convey said lane; and that slik lent is free of all Peru, re servatior s4 resbictore,, easemer 4, leases, tenande:, anc other encun t rarces, except the permittee exceptions and taxe! aaruing subsequent tc December 311, 2021, and hereby releases an) automatic reservation and right ol entry In acct rc ance wilt Sector ,170.111, F otic a Statutes. That It hereby fully warrants the tttk td said land and will defend the slrrle against the NwIV claims of all persm I d alma ng by, thni on c nde i Grantor, but against nor el ctiler. Page 1 or 4 Re W. E7120285 30 of 60 2/17/2023, 4:34 PM Firefox HN: 35SKl PG: a 910 https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... In Witness Whereof, the grartal has her L nto see dieir hands) and seaallsi) thea c ayl and year firsil above written. Sebastian Riva improvement DWaict, a drahwy distrld mWtaec arc a lSWQ L nde r the Ge reml Drainage Laws of the Stabil of Florida By: 11 -- Name - 1'hg= R Homond TFde: Vice—Chair 51gn64 Mateo and irerad Inin Ori Witness Sign Darltine K Pegg Pdr t Name State of Fluoride COL my of Ind: an River Witness Signature Sheila M, Prinl W mei The Foregd r g bWm meat Was Adrnowledged before me by meFrsi cif IID phys cail preser ce or ❑ or line noti i lzatk n, on Auguat 25. 2n22 . by Thomas s Hammnnd . all Vilc a -Ci E ilr on belW of Sebastian River Im provemeM District, a drat r age distr et organized and existing under inGenerali tl raiinat a LeIWs 91 the Stalbe of Florida, also as Sebastian Rl vier Wat:Can i Distric ;, tone known as Sebastian Rh or Dminage DWct/a-'Wng under�e of tt a Stdte of . DM LEN E K. PEGG DARLEW K PECO (Printed Name);j Calmk cliff anlbl � k ''1 e N.2126 My Corr rrissloriexpires: kadWTrcrYr�w .eai *Mil Nersoma fly Knowrl O OR Produced Iden ificF tion Or Tlype of Ic er ttticatior Proc ucec ei valk c Mr's ik:ense Sea!} Page i of I Pit No. Iii 7. 31 of 60 2/17/2023, 4:34 PM Firefox HN: 3551ST PG: -1911 https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... EXHIBIT "A" Legal Desai pNoa SEEIASTIM RIVER IMPROVEMENT DISTRICT SUB -LATERAL C - S -E CANAL RIGHT OF WA Y UM DONM ENT DESCRIPTION' THEI NORTH 50.00 REET OF THE SOUTH CNE -HALF (1/2) OF THE SOUTH ONE-HALF (1121),, AN C THE SOUTH 50.00 FEET 0 F THE NORTH C NE -HALF (1/2] OF THE SOUTH CINE -HALF (1) 2) OF S ECTT ON 1, TC WNSHIP 32 SO UTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, LIYIN G EAST CIF THE EM71 RIGHT C F WAY OF RANCH ROAD 02nd/ AVENUE, COUNTY ROAD 6001 RIGHT OF WAY PER STATE CIN FLORIDA RIGHT OF WAY MAP„ PARCEL 1102) SECTION 88503-7611, C F FICIAL RECORD BOO K 3225,, PAGE 1940, PUELLICi RECORDS OF IN DRAM RIVER COUNTY, RIORM AND WEST OF THE WEST RIGHT OF WAY OF TH EI SEIBASTIANI RIVEN IMPROVEMEV'A DISTRICT LATERAL "L" CANAL (1125.001 FEET WIDE RIGHT OF WAY) RIGH11 OF WAY MAF 1960, OFFICIAL RECORD BOC K 210, PAGE 300, INDIAN RIVER CC UNTY, FL.ORIDIA. S EBASTIAN RIVER IN PROVE MENT D ISTRICT SLIB�LATERAI C -4-E CANAL RIGHT OF WAY ABAN' DON MENT D ESCRIPTI ON THE NC RTH 50.00 FEET CIR THE SOUTH ON E -HALF (11) 2'1 OF TH E NORTH ONE-HALF (1) 2), AN D THE SOUTH 50.00 FEET OF THE NORTH ON' 11 -HALF (1) 2) C F THE N ORTH ON E -HALF (1/2) OF SECTION il, TOWNSM R 321 SO U HI RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING EASII OF THE EAST RIC HT OF WAY OF RANCH ROAD (82nd/ AVENUE, COU Nn ROAD 6091 RIGHT CIR WAn PER STATE OF FLORIDA RIGHT CIR WAY MAA, PARCEL 10124 SECT] ON 86503-2611, OFFICIAL REC GIRD BOON 3225, PAGE 1940, PUBLIC RECORDS CIR IND IAN RIVER COU NTY, FLORIDA AN l] WEST OF THE WEST RIGHT C R WAIS CIFTHE SEBASTIM RIVEF IMPROVEMENT DISTRICT LATERAL' L" CANAL (125.(KI FEET WIDE RIGHT OF WAY) RI GMT OF WAY MAP 11960, OFFICIALI RECORD BOOK 21% PACE 300, ]INDIAN RIVE R CCIUNTY, FLORIDA. AND THE N ORTH 50.00 FEET OF THE SOUTH ONIE-HALF (1/2) OF THE NORTH ONE-HAUF (1I) 2), AND THE SOUTH 50, OC FEET OF THE N ORTH ONE-HALF (1/2) OF THE NORTH CIN E• HALF (1/2) OF SECTION 1,1, TOWNSHIP 371 SOUTH, RANG E 38 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING E:AS1 OF THE EAST RIGHT CIR WAY OF THIE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAU "L" CANAL 1112;1.001 MET WIDE RIGHT OF WAY) RIG HT OF WA Y MAP 2960, OFFICIAL RECORD BOC N 210, PAGE 300, IN MAN RIVER COUNTYI, FLC RIDAI AND WEST OF THE WEST RIGHT OF WAY OF INC IAN RIVER FARMS WATER CONTROL DISTRICT "RANG E LIN' E CANAL" / 74th / AVENUE 'DIKE AN 0 CANAL' (100 FEET WI DE RIGHT Cl WAY), DRE D BOCK 419, PAC E 23, ST. LUC M COUNTY, FLORIDA, SAID WEST RIC HT OF WAY OF THE INDIAN RIVER RARMS WATERT CONTROL DISTRICT RANGE LIN E CANAL ALSO I EINC TH E EAST LIME OR SAI 0 SECTION 1, TOWN SHIP 32 SOUTH, RANGE 818 EAST, INDIAN RIVER! COUNTY, FLORID A. SEBASTIAN RIVER IMPROVEMENT DISTRI CT SU 111 -LATE RA L G 3-E CANAL RIGHT OF WAY ARANDONME M 13ESCRIPTION: THE NORTH 10, 00 BEET OF THE SO UTH ON E -HALF (11/2) C F THE SOL TH C NE -HALF (1i 2), f AND TH E SCIUTH 50.00 FEET C F THE NC RTH C NIE-HALF (1/2) OF THE SOUTH HAL F OF J Paye 3 01 5 F ie No. ET -2a2&41 of 60 2/17/2023, 4:34 PM Firefox HN: 35SI9 PG: 492 https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... SECTION 36, TOWNSHIP 32 SOUTH, RANGE 381 EAST, INDIAN RIVER COUNTY, FLORICA, LYING EAST OF THE EAST RIG H7 OF WAY OF RANCH ROACI (82nd1 AVENUE; COUNTY RCIAC 609) RIGHT CIF WAY PER STATE OF F LCI RIDAI RI GM OF WAY MAP, PARCEL 102,1 SECTIOK 818503-2611, OFFICIAL RECORD BOOK 3225, PAGE 11940, PUBLIC RECORDS OF INDIAN RIVER CC U NR'Y, F LOR3 DAI A 113 WEST OF THE WE:S'T RIGHT OF WAY OF THE SEBASTIAN RIVER 0 PRIDVEME:N 71 DISTRICT LATERAL 'L" CANAL' (150.0(1 FEET WIDE RIG IHT OF WA Y) RIG HT OF WAY MAA 1960, OFFICIAL RECORD BOC K 210, RAGE 30C,, I NDIAN RIVER COU NTLI, FLORIDA AN D THE NORTH 50.00 FEET 0 F THE SOUTH ONE-HALF (11 3) OF THE SOUTH CIN E- HALF (112), AND THE SOUTH 6G.00 FEET OF THE NORTH ONE-HALF (1113; OEI TH E SC UTH HALT OfI SECTION 36, 71OWN SHIP 31 SOUTH, RAN GE 31C EAST, IN MAN RIVER COL NTY, FLORIDA, LYNN G EAST OR THE NORTHWESTE RLY EXTENSION OF THE NORTHEAST RIGHT CIF WAY OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL`` CAN At (125.00 FEET WIDE RI GHT OF WAY] R7GH1 C WAY MAP 1960, OFFICIAL RECORD BOC K 210, PAGE 300, INCIIANI RIVER CCIUNTY, FLORI CA, AND WEST OF TH E WEST RIGHT OF WAY CIE THIS SEBASTIAN RIVER IMPROVE M EM DIISTRI Cl LATERAL -W BYPASS CANAL (125 00 FEET WIDE RIGHT OF WAY], RIGHT OF WAY MAP 1960, OFFICIAL RECORD BOOK 2310, PAGE 300, INDIAN RIVER COUNRY, FLORIDA. SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB-LATE9RALI C -2-E CANAL RIG H7 OF WAY ASIAN DON P E INT DESCRIM Ob: THE NC RTh 50.00 FEET CIF I THE SOUTH ONE-HALF (11) 2) OF THE N OATH ONE-HALF (112), AN D THE SOUL H 50.00 FEET OF TH E NORTH 0 NE -HALF (1/2) ON THE NORTH 0 NE-HALR (1) 2; OF SECTION 36, TOWNS IF 331 SC UTK RANGE 38 EAST, INDIAN RIVER COU NTY, F LORIDA, LYNN G EAST OF THE EAST RIGHT OF WAY OF RAN CHI RIOACI (M 2nd / AVE N U E, CCIUNTY ROAD 609) RIG IM OF WAY PER STATE OF FLORIDA R3 G HT OF WAN MAP, PARCEL 102,11 SIECTI ON 88503-2611, I OFFIICIAL RECC RC BOC K 3225, PAGE 1944, MOLIC RECORDS C IFI IN EMAN RIVER COUNTY, R.0 REM I AND W EST OFI THE WEST RIC H7 OF WIAY OF THE SEBASTIAN RIVER IMPRO NE M EN7 mSTRICi LATERAL "L • CANAL (1510.00 FEET WIDE RIGHT OF WAY], RIG HT OF WAY MAA 1960, OFFICIAL RECORD BOCK 210, PAGE 300, INDIAN RIVER COUNTY, FLORIDA, SERASTIA N RIVER IMPROVEMENT DISTRICT SUB -LATERAL C -6-W CANAL RIGHT OF WAY ASIAN DONMENI7 DESCRIPTION i THE SOU1 H 50.00 FEET OFTH B NORTH CINE -HALF (112) OF THE SOUTHWEST CNE -QUARTER (3114) C R THE NORTHWEST ON E -QUARTER (1/4)„ AND TH E NORTH 50.00 FEET OF THE SOUTH CINE -HALF (11)2) OF THB SOUT HIW M ONE-QU ARITERII (3114) OFI TH E N ORTH WEST CINE -QUARTER (31)4) CIF SECTION 11, TOWNSHIP 32 SC UTH, RANGE 38 EAST L YIN G EAST O F THE EAST RIIGHT OF WAN OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL -D° CANAL (275, OCI FE:EI WIDE RIGHT OF WAY, ANE WEST CF IHE SOUTHEAST ONE - Q UARTER (!/4) CIF THE NORTHWEST C NE -QUARTER (114) OF SA310SICnC N 11, TC WMSHIP 32 SOUTH, RANGE 38 EAST, IN DI AN RIVE R COUNTII, FLA RIDA SU83ECT TIO: SEBASTIA N RIVER IMPROVEMENT C I9M CT SL IB -LATERAL (-3-E CA NAL SURFACE WATE RI DRAINIAGZ AIND STORMWAMER CISCHARGE EASEMENT DESCRIPTION: THE WEST 2112.00 FEET OF TH E FOLLO WINIG DESCRIBED PARCEL: Page A of 5 File No. Ell 20M of 60 2/17/2023, 4:34 PM Firefox HN: 3551ST PG: -1913 https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... THE NORTH $0.00 FEET OFI THE SOUTH CINE -HALF (1/2) ON THE SOUTH GINE-HALF (1/2), AND THE SOUTH 50.00 FEET OF THE NORTH ONE-HALF (1/2] OFI THE SOUTH HALF CIF SECTION 36, TOWNSHIP 31 SOUTH, RAN GE 38 EAST, INDIAN RIVER CO LINTY` FLORIDA, LYIN G EAST OF THE EAST RIGHT OF WAN OF RANCH ROADI (8=1 AVENUE, COUNTY ROAD 609) RIGHT C F WAY PER STATE OF FLORIDA RItNHT OR WAY MAP, PARCEL 102, SECTI ON 88103-2611, OFFICIAL RECORD BOOK 3225, RAGE 194-0, PUS LIC RECORDS 01 1NEM"I RIVE R CC LINTY. FLORIDA M E7 WEST OF THU WEST RI6M 1 OF WAY OF TH11 SEBASTIAN RIVER IMPROVEMENT CEISTRICT LATERAL v CANAL" (150.00 FEET WIDE RIG H7 OF WA Yl RIGHT C F WAIF MAP 1980„ OFFICIAL RECC RD BOON 210, PAW 300, 3NDIAN RIVER COUNTY, FLORMAJ TH E ABC!VE DESCRIBED RARCEL WAS SCALED FROM THE UN -DIMENSIONED TEMPORARY CIO NSTRUCTI ON FASENIE M LYING WITHIN THE SEBASTIAN RIVER IMPROVEMENT DISTRICT C -3-E RIGHT OF WAY I 100 FEET WIDE), LYING SOUTH OF THEN WEE DETENTION PONE NCI. U, AND IS INTENDED TO REPLICATE SAID EASEMENT AREA AS SH OWN ON THE STATE C F FLORIDA DEPARTNEIPIII OFTRANSPORMTION BANS FOR ROAD N0. CR 509, COUNTY INDIAN RIVER) FINANCIAL PROJECT M 2308791-2-82-036 POND DETAIL4 SHIEM 6C, DATED 10/13/2020, SIGN ED BVI ROMAN A. HAMEELE, P.FJ, LICENSE NUMBER 56734, HDR ENGIN EER] NG, INCA SEBASTIAN RIVE R IMPIROVEMFJNT DISTRICT SUB -LATERAL 05-E CANAL SIJ RFACE WAITER EIRAINAG'N AND STORMWATER DISCHARGE fASSEME N1 DESCRwn ON. THE WEST 719L00 FEES OF THE FOLLOWING DESCRIBED PARCEL: TH E NORTH 50AC FEET OF TH E SOUTH ONE -HALF j 1/ 2) OF TH E SC Unl 04 E -HA LF (1/2), ANO THE SOUTH 50.00 FEET OF THE NORTH ON E -HALF (1/2) C FI THE SLEUTH ON E -HALF (1) 2) OF SI CTION 1, TOWNSHIP 32 SOUTH, RANG E 381 EAST, INDIAN I RIVER COUNTY, FL ORR A, LYING EAST OF THE EAST W G HT OF WAIT OF RANCH ROAD (812nd AVENUE,I COUNTVI ROAD 609] RIGHT 01 WAY PER STA71 OF FLORIDA RIGHT CIF WAY MAP, PARCEL 102, SE9CT3 CM 88503.126711,1 OFFICIAL RECO RD BOC N 3225, PAGE 1940, PUBLIC RECORDS OF IENDIAN RIVER COUM1f, FLO RIDA AND WEST OF THE WESTI RT GHT OF WAY OF THE SEBASTIAN RIVER IMPROVEMENT DISTR]CT LATERAL `L -CANAL (125.00 FEET WIDE RIGHT OF WAY) RIGHT C F WAY MAP 191606 OFFICIAL RECORD BOOK 210, PAGE 300, INDIAN RIVER COUNTY, FLORIDA THE ABOVE DESCRIBED FAKE L WAS SCALE D FROM TH It N• DIMENSIONED TEMPORARY CONSTRUCTION EASEMENT LYING WITH U THE SEBASTIAN RIVER XH PIROVEMENT DISTRICT C -S -E R3 GMT CIF WAY (100 FEET WIDE), LY] NG SOUTH of THE WETI DETENTICIN POND N Cl. ]IC, M D IS INTENDED TO REPLICATE SAID EASEMENT AREA M I SIH OWN ON THE STATE OF FLORMA DEPARTMENT OF 17RANSPORTATION PLANS FOR RCIAD N Cl. CR 609, COL NTY I ND]AN RIVEIR, FINANCIAL PROJECT ID 23M 79-2-52-01, PC N D DETAI LS, SH E ET 199, DATE D 10/ 13) 2020, S) GN 113 BY RIOHAN A HAMEED, P. E., LICENSE NOME ER 56734, HDR ENGINEERINGI, INC. Pape 5 of 5 File F'k . EI -20285 34 of 60 2/17/2023, 4:34 PM Firefox HN: 35SISI PG: -1 q4 https:Hori. indian-river. org///Document/GetDocumentForPrintPNG/?req... SEBASTIAF MM IMPRCVEMENTDISTPJCiISUB-LATERALC-S-ECANAL tiL117IBI�T "'B"RIGHT OF WAV ABM DONAAI NT D ESCAIPT MI: TMNa01Sao( f&f*THl30UMDFI4MlWA)OFTMSOUTH0014AIfWILANDTIESVLITI90AROD1TME110Bti011 (U2)OFWMIIfI MEfMLF(lMDlZ7A UX 3.WMMSIMM32SMNK%AND1SII EAST, WONN RVIEaxam.nowgtvlNSEMDNTMe EAS NITOPWA7101 SANO MM (aai4Awxm axwn 1 OAD SOI) M6M' q WAY NO STA7I1 al NO94A M3HT011 WAY 5" 3= PAOE 191B Pt111IC BEOo7 OF 9DIM RM eft". 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"M AND WM OF 7M WW MOD OF TAW Y 01 TMI STOAMN 00 a..PIIOIEMBROaTMCT UI7E A -V CAM (]3041 NOT YYD1 MSM] 4 WAA ROK OF WA!I MAP 1114 MM MI M MM PIA 1 394 NOW MM COMM. RJ3M 7)I ASM OESCAIBEC FMR'1T a nAINSK US MFW Olt SA 34 ACM NOM OR UMI SEBASTIAN RIVEN IMPROVEMENT OISTRICi SUB•LATFRAL 0 FHW CANAL RIGWr OP WAY ABANDONN ENT DESCRIPTION: TM swM K a Fir al M NORM OKMAU W I OF 1 HE sOuIMMWs'1 ONEQWRM (7/4) O1 Tl4 NDRTNWIST OMEOMMTWR (14 1 . AND IM "=I MAID FET O TIE SODU ONE44WI PA O THE SOu1 "WEE" 0101 M M IM M 10 1Ml MOMWW O 14WM W4) of = 4W .I 1, -MMl 31 DUUl1FARM MEAF(1418MMOFTMLOM AMIEOIWP' aTKSEUMMW MA`rA0Wl6EMfAU7NCIIATIRALVCANALMlgFEETWADIUK 01 WR 1) AAO WEST M TM MOUDEAST OIEQUkM (AM OF iM NOfIfMMIEST 010 TUMOR N A0 OF SA 0 MMM U MWMSHr M SOMIL MMQ' 31 FAST, 10" M1 CDUN:Y. FL®IDA TM AOC N OISCAI,ED N RC[L W1fTAIMMe 1D1�1.0 SOOAAW FM OO 7 Ab ACRO, MOM OA LW31. 1%7 4728 g . LuetWe JI2EI Statelr/w 18 sTAITEOFO. ,g 1u1m Rev. A= 1 rRx OTA w MOD F 01MYTOW. M 0 4/2: M. P 3.4 OEIOI- PAHA I. 0M B/IzM ftwxn4�EPASSOCIATE,INC. M°11o.. SIN ETCH ANDDESCRIPTOM rLau" i RMIMM Alii LANA SURWLICO)� :n a m PAR0EL5 WNHW AAR7OP SEC. 'I 4 11 STREET, VERO BEArm. PL 94080 wan ea..r,a TW1L 87 LL; FICIE. R E b HEO I0. TYY18 71 w RQEI BI @. 4191 MAR:VM/6t•FTEO rr ..wa ND UNRMd!!RCLIUMTY.PL'aRIW _ PAFCILMSCIRIMONS of 60 2/17/2023, 4:34 PM ORDINANCE NO. 0-22-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP BY ESTABLISHING A LAND USE CLASSIFICATION OF MU (MIXED USE) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF AG -1 (AGRICULTURAL) ON PROPERTY CONSISTING OF 1913.6 ACRES, MORE OR LESS, LOCATED SOUTH OF COUNTY ROAD 510, WEST OF LAND ADJACENT TO 74TH AVENUE, NORTH OF 69TH STREET, AND EAST OF 90T" AVENUE; AMENDING THE LAND USE ELEMENT WITH SITE SPECIFIC POLICIES; AUTHORIZING ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, after careful review and a public hearing of the Planning and Zoning Commission, sitting as the Local Planning Agency, a motion was made and seconded to find the proposed change to the Future Land Use Map and recommended site specific policy conditions to be consistent with the Comprehensive Plan, and to forward a favorable recommendation for the adoption of the requested change to the City Council; and WHEREAS, the City Council has considered the criteria identified in the Comprehensive Plan and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, as provided by Section 163.3177 (2), Florida Statutes, the City Council finds that the proposed Comprehensive Plan amendment is internally consistent and coordinated with the Comprehensive Plan; and WHEREAS, the City Council has provided notice of the proposed Future Land Use Map Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Future Land Use Map and site specific policy conditions, are consistent with the existing future development goals of the City of Sebastian; encourages the most appropriate use of land, water and other resources; promotes and protects the public health, safety, and general welfare; provides adequate and efficient infrastructure and resources; and protects the public interest within the City of Sebastian; and WHEREAS, the City Manager transmitted a certified copy hereof to the authorities designated under Fla. Stat. 163.3184 (3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. RECITALS INCORPORATED. Each and all of the aforementioned recitals ("WHEREAS" clauses) are hereby incorporated in this Ordinance. Exhibits 1 a, 1 b, and 2, referenced below are hereby incorporated into this Ordinance by reference. SECTION 2. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map (FLUM) and site specific policy conditions adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit la and 1b Property Survey (herein: the "Real Property") SECTION 3. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected Real Property, and the Real Property shall be designated as Mixed Use (MU) in accordance with the requirements of Florida law. See attached Exhibit 2 Future Land Use Map The City recognizes specific large scale annexation parcels with Mixed Use land use such as the specified property identified in Exhibit la and lb require site specific conditions that will apply at the time of site planning and development. As part of the land use map amendment, site specific policy conditions pertaining to the mixed use development have been incorporated into Ordinance 0-22-13 as follows: Objective 1-1.7: Site Specific Policies. The following policies are adopted specific to individual areas within the City of Sebastian. Policy 1-1.7.1: 1913.6 +/- Property located South of County Road 510, West of Land Adjacent to 74`h Avenue, North of 69`h Street, and East of 901h Avenue, more specifically described in City Ordinance No. 0-22-13 shall be developed subject to the following policies. a. Rezoning of the property shall be done through a Planned Unit Development process as described in Article XX of the City's Land Development Code, as amended, or superseded, from time to time. b. Housing types shall be mixed to meet various income levels and lifestyle choices; a mix of Single Family Dwelling Units and Multi -Family Dwelling Units (the "Dwelling Units") consisting of a variety of housing choices in order to achieve the mix of housing required for affordability and accessibility within a mixed use development. The housing mix targets 40% Medium Density up to 10 units/acre; 40% Low Density up to 5 units/acre; and 20% Very Low Density up to 3 units/acre, including at least 5 percent (5%) and up to 10 percent (10%) of the Dwelling Units on the Real Property as being Affordable Housing. c. Provision for future dedication of Right of Way, at the time of Development, to the extent required for the Development and upon mutual consent of the Owner, shall be transferred to the appropriate entity to promote an interconnected, extended and improved grid road system, along with a well- planned transportation system of roads and streets throughout the Real Property , in coordination with the County, to specifically include 84'h Avenue, 81" Street, 77'h Street, and 73`d Street, as well as 74'h Avenue. d. Provision shall be made on the Real Property for a mixed-use "Town Center" area including an active street frontage or context sensitive street design, compatibility of central theme or design character, and a comprehensive transportation network that promotes walkability thru compact Development and proximity of structures, reduces auto dependence, and connects to state and local transportation corridors. e. To the extent required for and at the time of the Development, future dedication and donation of Institutional parcels may be required as necessary for governmental services such as post offices, public safety, schools, etc. and Public Facilities that may be needed for increases in necessary services, as identified by concurrency analysis in accordance with the City of Sebastian Land Development Codes and Ordinances at the time of development. f. Strategic assembly of commerce and industrial development consistent with the City's Comprehensive Plan Mixed Use Land Use. g. To the extent required for and at the time of the Development, future dedication or conveyance of Conservation lands to appropriate entity to include any natural areas of significant importance, and the provision of greenway trails to promote a system of connectivity and access consistent with the City's Comprehensive Plan and Land Development Codes. h. To the extent required for and at the time of the Development, dedication of City Park and recreational lands above what will be required in the individual residential subdivision developments. Allocation of parks and recreational lands consistent with the City's Comprehensive Plan and Land Development Codes specifically: a minimum of 2 acres per 1000 residents of publicly accessible recreation lands, and a minimum of 2 acres per 1000 residents of other recreational lands. Publicly accessible lands shall be designated at the time of PUD zoning and may be conveyed to the City. The dedicated lands, shall count towards the required aggregate open space required for the Real Property; i. Increased buffers adjacent to low density areas outside of the PUD area shall be in accordance with existing City Land Development Codes. J. As a condition of future Development of the Real Property, the Owner shall provide sufficient land area for Public Facility Infrastructure required to support the Development and mandate hook-up to central potable water and wastewater systems for all new Developments on the Real Property prior to receiving final Development Orders. Therefore, the proposed development of any portion of the Real Property must provide sewer/wastewater, reclaim water systems and Stormwater Management Systems, and water service as a condition of Development. These services may be provided by the County however no septic systems would be allowed in accordance with City policy and land development codes. k. The property shall be Master Planned on a minimum of no less than increments or units of 400 acre Parcels as part of an overall Planned Development project using the PUD zoning district and process, and shall promote Green infrastructure through a comprehensive plan of connected Stormwater, greenways, and Open Space that provides for wildlife habitat, Stormwater Management System and recreational opportunities including Low Impact Design and Best Management Practices. I. The Real Property shall consist of a mix of uses consisting of 20-40 percent non-residential gross acreage to 60-80 percent residential gross acreage, with fact that Open Space requirements must be satisfied. m. The Real Property Development shall have a minimum aggregate total of 50% Open Space for Residential Land Uses and 30% Open Space for non-residential land uses in accordance with Sec. 54- 2-5.10(c) City Land Development Code, including but not limited to each of the following uses which shall qualify to meet the Open Space requirement: conservation and preservation land; greenways and trails; all parks whether passive or recreational; all common Open Space; Stormwater uses (inclusive of lakes and canals), wetland preservation, preservation of habitat for Protected Species which is left undeveloped, and any pervious portions of the Real Property conveyed to the County or City for a Wastewater treatment plant, schools, fire station or police station. SECTION 4. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the state land planning agency, the Department of Economic Opportunity, as provided by Fla. Stat. 163.3184 (3) (c) 2. within ten (10) working days of adoption. SECTION 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY AND INTERPRETATION. (a) In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. (b) That in interpreting this Ordinance, underlined words indicate additions to existing text, and ctrieke gifou^" words include deletions from existing text. Asterisks (* * * *) indicate a deletion from the Ordinance of text, which exists in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance. SECTION 7. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City CIerk. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Economic Opportunity or other final action finding the amendment herein in compliance, including* the adoption and recordation of the Annexation Agreement. SECTION'S, ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the 12th day of October, 2022, and adopted on second/final reading at a regular meeting of the City Council on the Febnraxy 8th , 20 - PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 120' day of October, 2022, by Councilmember McPartlan . The motion was seconded by Councilmember Dodd and, upon being put to a vote, the vote was as follows:. Mayor Jim Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Christopher Nunn Council Member Bob McPartlan ADOPTION aye aye _aye ave aye ATTEST: IYL/1.� vette William, MMC City Clerk The foregoing Ordinance was moved for adoption by Council Member McPaftlan . The motion was seconders by Council Member Nunn and, upon being put to a vote, the vote was as follows: Mayor Fred Jones Vice Mayor Christopher Nunn Council Member Felly Dixon Council Member Ed Dodd Council Member Bob McPartlan aye aye aye ave aye The Mayor thereupon declared this Ordinance duly passed and adopted this 8th day of Febr^rTary , 2623. ATTEST: anette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: -- Fred .tones, Mayor Approved as to form and legality for This ordinance is effective the day of , 2023, concurrent with the issuance of the Notice of Intent finding the amendment in compliance by the Florida Department of Economic Opportunities. Yxg 8¢gg f M:i ¢fa ag $a s 10111H ■Tsx Rai Ilia I jil oil 1j. 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RA 10 ii EMU > �6wi"kil M7 M x m —6 h m C) z 0 0.375 0-75 1.5 Mikes u' CONSENT AGENDA Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: February 1, 2023 SUBJECT: Indian River County Subaward and Grant Agreement for Hurricane Ian FROM: Kristin Daniels Budget Director, Office of Management & Budget BACKGROUND: On September 28, 2022, Hurricane Ian made landfall as a Category 4 storm west of Fort Myers, Florida, continuing northeast across the entire state and impacted Indian River County. In order to receive Federal Emergency Management Agency (FEMA) reimbursement, Indian River County is required to sign the Federally -Funded Subaward and Grant Agreement. The agreement is standard for all recipients. STAFF RECOMMENDATION: Staff recommends that Board approve and authorize the Chairman to execute the agreement and all other documents necessary to effectuate the agreement and authorize the County Administrator to sign any additional modifications. ATTACHMENTS: Federally -Funded Subaward and Grant Agreement 7 Agreement Number: Z2948 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT for DR - 4673 - Hurricane Ian The following Agreement is made and information is provided pursuant to 2 CFR §200.332(a)(1): Subrecipient's name: Indian River Cou Subrecipient's unique entity identifier: Federal Award Date: Subaward Period of Performance Start and End Date (Cat A -B): Subaward Period of Performance Start and End Date (Cat C -G): Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Subrecipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Subrecipient by the pass-through entity: Federal award project description (see Federal Funding Accountability and Transparency Act (FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Assistance Listing Number (Formerly CFDA Number): 07-920-8989 9/30/2022 Sep 23, 2022- Mar 29, 2023 Sep 23, 2022- Mar 29, 2024 N/A Grant for communities to respond to and recover from major disasters or emergencies and for limited mitigation measures. Department of Homeland Security (DHS) Federal Emergencv Management Agency (FEMA) Florida Division of Emergencv Management (FDEM) 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 97.036 Assistance Listing Program Title (Formerly CFDA program Title): Indian River County THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County (hereinafter referred to as the "Subrecipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Subrecipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The Subrecipient, by its decision to participate in this grant program, bears the ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate consequences of any adverse decisions rendered by the Division, the Federal Awarding Agency, or any other State and Federal agencies with audit, regulatory, or enforcement authority; 0 1 C. This Agreement establishes the relationship between the Division and the Subrecipient to allow the Division to pay grant funds to the Subrecipient. THEREFORE, the Division and the Subrecipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 CFR § 200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance," applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. Performance under this Agreement is subject to 2 CFR Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. In addition to the foregoing, the Subrecipient and the Division shall be governed by all applicable State and Federal laws, rules, and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. The applicable statutes, rules, or regulations are the statutes, rules, or regulations in effect at the time of the declaration of the incident through which federal funds are awarded, or as otherwise indicated as retroactively applied. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Subrecipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Subrecipient performance; and ii. Review and document all deliverables for which the Subrecipient requests payment. b. The Division's Grant Manager for this Agreement is: Name Jennifer Stallings Title Grant Program Manager Bureau of Recovery Address: Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Telephone: (850) 815-4408 Email: Jennifer.Stallings(a-)em.myflorida.com c. The name and address of the Representative of the Subrecipient responsible for the administration of this Agreement is: Name: Michael Zito, Interim County Administrator Address: 1801 27th Street Vero Beach, FL 32960 2 D Telephone: (772)226-1410 Email: mzito@ircgov.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative will be provided to the other party in writing via letter or electronic email. e. Systems Access: It is the Subrecipient's responsibility to maintain current active users in the Division's grants management system in accordance with Attachment B to this Agreement ("Systems Access Form"). (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Subrecipient shall perform the work as approved by FEMA and provide the necessary documentation to substantiate work completed. (8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE The Period of Agreement establishes a timeframe for all Subrecipient contractual obligations to be completed. Upon execution by both parties, this Agreement shall begin on the first day of the incident period for the disasiter applicable to the agreement and shall end upon closeout of the Subrecipient's account for this disaster by the Fed�ral Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced required records retention periods. Work may only be performed during the timeframes established and approved by FEMA for each Category of Work type. (9) FUNDING a. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal Awarding Agency for all projects approved for this Subrecipient for DR - 4673 - Hurricane Ian Payments to Subrecipients are contingent upon the granting of budget authority to the Division. b. Pursuant to section 252.37(5)(a), Florida Statutes, unless otherwise specified in the General f Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies under the Federal Public Assistance Program and such financial assistance is conditioned upon a requirement for matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required match for grants to Local governments. Affected Local governments shall be required to provide one-half of the required match prior to receipt of such financial assistance. Section 252.37, Florida Statutes, doi9not apply to Subrecipients that are considered Private Non -Profit entities, therefore the entire non-federal share shall be the responsibility of the Private Non -Profit Subrecipient. c. The Executive Office of the Governor may approve a waiver to local governments for the Non -Federal match requirement. The local government must apply for the waiver in accordance with Section 252.37(5)(b), Florida Statutes. Local governments must apply for the match waiver independently from their respective County. (10) PAYMENT a. The payment method used by the Division is either a Cost Reimbursement or an Advance Payment. Advance payments will be governed by Chapter 216, Florida Statutes. b. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Subrecipient. (11) REPAYMENTS a. Refunds or repayments of obligated funds may be paid to the Division through check or through a payment plan as approved by the Department of Financial Services. Additionally, FEMA may permit the Division to off -set against other obligated projects where deemed appropriate. In accordance with Chapter 255, Florida Statutes, the Subrecipient has 30 days to repay the funds from the issuance of the invoice from the Division. The Division may impose a 1 % per month interest fee for unpaid invoices. b. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management," and must include the invoice number and the applicable Disaster and Project number(s) that are the subject of the invoice, and be mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (12) RECORDS a. As required by 2 CFR § 200.334, and modified by Florida Department of State's record retention requirements (Fla. Admin. Code R. 1 B-24.003), the Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and all relevant terms and conditions of the award paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. This period may be extended for reasons including, but not limited to, litigation, fraud, or appeal. As required by 2 CFR § 200.303(e), the Subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal Awarding Agency or the Division designates as sensitive or the Subrecipient considers sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality. b. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or consultands to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient 11 I:J to determine compliance with the requirements and objectives of the award and all other applicable laws and regulations. (13) AUDITS a. The Subrecipient shall comply with the audit requirements contained in 2 CFR Part 200, Subpart F. b. As required by 2 CFR § 200.337(a), "The Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the [Division], or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the [Subrecipient] which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the [Subrecipient's] personnel for the purpose of interview and discussion related to such documents." The right of access is not limited to the required retention period but lasts as long as the records are retained (2 CFR § 200.337(c)). c. As required by 2 CFR § 200.332(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such documents. (14) REPORTS a. Consistent with 2 CFR § 200.329, the Subrecipient shall provide the Division with quarterly reports and any applicable financial reporting, including reports required by the Federal Funding Accountability and Transparenky Act (FFATA). These reports shall include the current status and progress by the Subrecipient and, as applicable,lall subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. The Subrecipient agrees to submit quarterly reports to the Division no later than fifteen (15) days after the end of each quarter of the program year and to submit quarterly reports each quarter until one quarter past the closeout of each project in the Division's Grant Management System. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The closeout report is due sixty (60) days after completion of each project worksheet associated with the applicant executing this Agreement, or sixty (60) days after termination of this Agreement, whichever fir42ccurs. 5 Subrecipient Report Reporting Time Period Submittal Deadline Quarter 1 (Q1) October 1 — December 31 January 15 quarter 2 (Q2) January 1 — March 31 April 15 Quarter 3 (Q3) April 1 —June 30 ' my 15 I� "July 1 —September 30'- ���� �' ° "� ���October 15 b. The Subrecipient agrees to submit quarterly reports to the Division no later than fifteen (15) days after the end of each quarter of the program year and to submit quarterly reports each quarter until one quarter past the closeout of each project in the Division's Grant Management System. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The closeout report is due sixty (60) days after completion of each project worksheet associated with the applicant executing this Agreement, or sixty (60) days after termination of this Agreement, whichever fir42ccurs. 5 d. The Subrecipient shall provide additional program reports, updates, or information that may be required by the Division or the Federal awarding agency. (15) MONITORING a. The Division shall monitor the performance of the Subrecipient under this Agreement to ensure that the Scope of Work is being accomplished within the specified time periods, and that other performance goals are being met. b. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that an audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Division to the Subrecipient regarding such audit. c. Small Projects, as defined in 44 CFR § 206.203, that are obligated above the Federal Simplified Acquisition Threshold (SAT) will be subject to enhanced oversight and monitoring by the Division as authorized by 2 CFR § 200.332(a)(2). (16) LIABILITY a. Unless the Subrecipient is a State agency or political subdivision, as defined in section 768.28(2), Florida Statutes, the Subrecipient is solely responsible to third parties it deals with in carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Subrecipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Subrecipient which is a State agency or political subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (17) TERMINATION This Agreement terminates upon the completion of all eligible work and payment of all eligible costs in accordance with the Public Assistance Program requirements. The Division and Subrecipient agree that all records will be maintained until the conclusion of any record retention period. (18) PROCUREMENT a. The Subrecipient must ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, including 2 CFR §§ 200.318 through 200.327 as well as Appendix II to 2 CFR Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). Additional requirements, guidance, templates, and checklists regarding procurement may be obtained through the FEMA Procurement Disaster Assistance Team. Resources found here: hftps://www.fema.gov/qrants/procurement. b. The Subrecipient must include all applicable federal contract terms for all contracts for v4!3h federal 0 funds are received. If the Subrecipient contracts with any contractor or vendor for performance of any portion of the work required under this Agreement, the Subrecipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Division, its employees and/or their contractors, and the Subrecipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. c. The Subrecipient must monitor and document, in the quarterly report, the contractor's progress in performing its work on its behalf under this Agreement in addition to its own progress. d. The Subrecipient must ensure all contracts conform to sections 287.057 and 288.703, Florida Statutes, as applicable. (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Attachment A —Certification Regarding Debarment ii. Attachment B — Systems Access Form iii. Attachment C — Certification Regarding Lobbying 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUBRECIPIENT: Indian River County By: (Signature) Name: Joseph H. Earman Title: Chairman Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Governor's Authorized Representative Date: Agreement Number: Z2948 15 Attachment A CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within the five-year period preceding entering into this Agreement had one or more public transactions (Federal, State, or Local) terminated for cause or default; and 3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or a contract under public transaction, or b) violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. The Subrecipient understands and agrees that the language of this certification must be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and cooperative agreements) and that all contractors and sub -contractors must certify and disclose accordingly. The Subrecipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. By: Signature Joseph H. Earman Name and Title 1801 27th Street Street Address Vero Beach, FL, 32960 City, State, Zip Indian River County Subrecipient's Name Z2948 DEM Contract Number 16 Attachment B SYSTEMS ACCESS The System Access Form is submitted with each new disaster or emergency declaration to identify the Subrecipient's contacts for the FDEM Grants Management System in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Systems Access Form is originally submitted as Attachment "B" to the PA Funding Agreement. The Subrecipient is responsible for regularly reviewing its contacts. Contacts should be removed within 14 days of separation, retirement, or are reassignment by the Subrecipient. A new form will only be needed if all listed contacts have separated from the Agency. If a new Systems Access form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FDEM Grants Management System for the specified grant. All users must log in on a monthly basis to keep their accounts from becoming locked. Note: the Systems Access Form is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FDEM Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FDEM Grants Management System within twelve (12) hours of being notified or their account will lock them out. Each user must log in within a sixty (60) day period or their account will lock them out. In the event you try to log in and your account is locked, users must submit a request for unlocking to RPA. He Ip(a)em. myflorida.com. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. A subsequent new Authorized Agent must be designated through a letter on letterhead from the Subrecipient's Authorized Representative. It is recommended to delegate this authority to an organizational staff member to avoid delays in grant management (Only one Authorized Agent is allowed, and this person will have full access/authority unless otherwise requested). Block 2: "Primary Contact" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports/requests in FDEM Grants Management System. The Authorized Agent may designate a new Primary Contact. (Only one Primary Contact is allowed, and this contact will have full access). Block 3: "Alternate Contact" — This is the person designated by your organization to be available when the Primary is not. Either the Authorized Agent or Primary Contact may designate a new Alternate Contact. (Only one Alternate Contact is allowed, and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management -Insurance, and Environmental -Historic). Providing these contacts is essential in the coordination and communication required between State and Local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 — 12: "Other" (Read Only Access) — There is no limit on "Other" contacts, but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read -Only" designation cannot take any action in FDEM Grants Management System. Note: The Systems Access Form is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. 17 10 SYSTEMS ACCESS FORM (CONTACTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Subrecipient: Indian River County Box 1: Authorized Agent (Full Access) Box 2: Primary Contact (Full Access) Name Joseph H. Earman I Name Kristin Daniels ' Signature Signature Indian River County Board of County Commissioners, Chairman Mailing Address 1801 27th Street City, State, Zip Vero Beach, FL 32960 Daytime Telephone (772)226-1919 E-mail Address jearman@ircgov.com Box 3: Alternate Contact (Full Access) Name Elise Kriss Senior Budget Analyst ' ' """'" --""-" 1801 27th Street City, State, Zip Vero Beach, FL 32960 Daytime Telephone (772)226-1307 E-mail Address ekriss@ircgov.com Box 5: Other -Risk Mgmt-Insurance (Full Access) Name Cynthia Stanton Organization / Official Position Director, Office of Management & Budget Mailing Address 1801 27th Street City, State, Zip Vero Beach, FL 32960 Daytime Telephone (772)226-1214 E-mail Address kdaniels@ircgov.com Box 4: Other-Finance/Point of Contact (Full Access) Name Organization / Official Position Mailing Address City, State, Zip Daytime Telephone E-mail Address Box 6: Other -Environmental -Historic (Full Access) Name Eric Charest dill Organization / Official Position Risk Manager Organization / Official Position Natural Resources Manager Mailing Address 1801 27th Street Mailing Address 1801 27th Street City, State, Zip Vero Beach, FL 32960 City, State, Zip Vero Beach, FL 32960 Daytime Telephone (772)226-1287 Daytime Telephone (772)226-1569 E-mail Address cstanton@ircgov.com E-mail Address echarest@ircgov.com The above contacts may utilize the FDEM Grants Management System to perform the Subrecipient's responsibilities regarding the Public Assistance Grant according to their level of access. The Subrecipient is responsible for ensuring that all contacts are correct and up-to-date. Subrecipient Authorized Representative Signature Date 11 Em SYSTEMS ACCESS FORM (CONTACTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Subrecipient: Indian River County Date: Box 7: Other (Read Only Access) I Box 8: Other (Read Only Access) ' rvdnie Ryan Lloyd I rvm1e Michael Zito I Signature Signature Signature viydnicduUn i vniadi ruswu11 Interim County Administrator Mailing Address 1801 27th Street City, State, Zip Vero Beach, FL 32960 Daytime Telephone (772)226-1410 E-mail Address mzito@ircgov.com Box 10: Other (Read Only Access) Name Signature , State, Zip E-mail Address E-mail Address Box 11: Other (Read Only Access) I Box 12: Other (Read Only Access) re Organization / Official Position Emergency Mgmt Coordinator Mailing Address 1801 27th Street City, State, Zip Vero Beach, FL 32960 Daytime Telephone (772)226-3944 E-mail Address rlloyd@ircgov.com Box 9: Other (Read Only Access) Name E-mail Address Signature viydnicduUn i vniadi ruswu11 Interim County Administrator Mailing Address 1801 27th Street City, State, Zip Vero Beach, FL 32960 Daytime Telephone (772)226-1410 E-mail Address mzito@ircgov.com Box 10: Other (Read Only Access) Name Signature , State, Zip E-mail Address E-mail Address Box 11: Other (Read Only Access) I Box 12: Other (Read Only Access) re Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Subrecipient's Fiscal Year (FY) Start: Month: October Day: 1 st Subrecipient's Federal Employer's Identification Number (EIN) 59-6000674 Subrecipient's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Subrecipient's: FIPS Number (if Known) 061-99061-00 1W 12 Attachment C Certification Regarding Lobbying APPENDIX A, 44 CFR PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Subrecipient or contractor, Indian River County , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Subrecipient/contractor's Authorized Official Joseph H. Earman, Chairman Name and Title of Subrecipient/contractor's Authorized Official Date 13 20 CONSENT AGENDA Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: February 2, 2023 From: Kristin Daniels Director, Office of Management & Budget Subject: Hurricane Isaias Closeout Description and Conditions On August 1, 2020, a Declaration of Disaster for Hurricane Isaias was issued for the State of Florida. As a result of Hurricane Isaias, Indian River County incurred $94,177 in Federal Emergency Management Agency (FEMA) eligible project worksheets. The Federal and State amount of reimbursement the County received totaled $89,693, while the County's share of those expenses totaled $4,484. Attached is FEMA's Project Completion and Certification Report (P.4) which certifies that all Hurricane Isaias related work has been completed and all payments have been made in accordance with applicable laws, regulations, policy and guidance. Funding Funding in the amount of $89,693 has been received for all FEMA eligible expenses related to Hurricane Isaias. These funds have been allocated back to the individual departments in which the expenses were incurred. Recommendation Staff recommends the Board authorize the Chairman to execute the PA agreement, certifying the eligible amounts and completion of work on the County's individual subgrants in order to close-out Hurricane Isaias. Attachments Hurricane Isaias Project Completion and Certification Report 21 Generated ate 3 2 232 2 Amt. Claimed by o Applicant $ 00 s 89,61921 $ 4,484.64 $ 94,177.25 C mments Initials of Applicant's Authorized Representative 22 0 Federal Emergency Management Agency Pr ject C mpled n and Cerdficati n Rep rt (P.4) o Disaster: FEMA -3533 -DR -FL Applicant FIPS ID: 6 -99 6 - Applicant/Subdivisi n Name: IN IAN RIVER (COUNTY) /0 Amendment PW# Ap-pr ve C st Cat Bundle W rk Pr jected Elig Actual Date C -PL # Pte. Amt. Share — D ne By C mol. Datet InsAm unt C mpleted ap. PA- 4 -FL -o 3533 -PW- B PA -o4 -FL -3533- 0 2- Y2 2 PW PA- 4 -FL -3533- 89,692.6 B PW- ( 4) o 1 N 0 2-o -2 2 89,692.6 PA- 4 -FL- 3533 -PW- o 4,484.64 N Z PA- 4 -FL -3533- o 353 0 -28-2 25 0 o $4,484.64 3 PA- 3 T tal f r 3 PWs: $94, 77.25 Subgrantee Admin: $ . Grand T tal: $94, 77.25 o Amt. Claimed by o Applicant $ 00 s 89,61921 $ 4,484.64 $ 94,177.25 C mments Initials of Applicant's Authorized Representative 22 0 Generated ate 3 2 232 2 Federal Emergency Management Agency Pr ject C mpletl n and Certificati a Rep rt (P.4) o Disaster: FEMA -3533 -DR -FL Applicant FOPS ID: 6 -99 6 - Applicant/Subdivisi n Name: IN IAN RIVER (COUNTY) Certificati n I hereby certify that to the best of my knowledge and belief all work and costs claimed are eligible in accordance with I certify that all funds were expended in accordance with the provisions of the signed FEMA -State the grant conditions, all work claimed has been completed, and all costs claimed have been paid in full. o Agreement and I recommend an approved amount of $ Signed Applicant's Authorized Representative ate Name of Applicant's Authorized Representative Title of Applicant's Authorized Representative Signed Governoes Authorised Representative ate 23 (>v CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 6, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael C. Zito, Interim County Administrator . Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Authorization to Increase Blanket Purchase Orders BACKGROUND: Blanket Purchase orders are issued at the request of using departments to enable as needed purchases over the course of the fiscal year. The Purchasing Manager may approve purchase orders up to $35,000 (not associated with a bid or contract), and the Administrator is authorized in Section 105.01 of the County Code to approve purchase orders up to $75,000. DISCUSSION: The needs of some departments may exceed the Administrator's approval authority during the course of a fiscal year. Many of these purchases reflect needs that are not easily addressed through the bid process. As additional funds are needed on each Purchase Order, a request is made through the department director to the Budget Office. The Budget Office verifies funds are available and forwards the request to the Purchasing Division. If all required approvals are in place, the Purchasing Division adds the requested funds to the Purchase Order. Pre -authorization by the Board for these requested increases will ensure the Purchase Orders can be increased expeditiously, after confirmation of the availability of funds by the Budget Office. FUNDING: Funds are, or will be made, available, as indicated in the tables on the next page. 24 CONSENT AGENDA Sandridge Goff Club Pro Shop Inventory Utilities Current Total Amount Requested Amount Spent PO# Vendor and Material Amount Requested for Increase Last Fiscal Year Encumbered FY 2022/2023 Amount (2021/2022) 94041 Acushnet Golf — Footjoy and $35,000 $90,000 $55,000 I $67,774 Titleist Inventory 94099 CallawayGolf— Callaway $65,000 $125,000 $60,000 $114,677 Inventory Justification: Additional directional drilling expenses are being incurred with new water service Roger Cleveland Golf - Account Name Account Number Amount Utilities/Water Distribution/Other Professional Svcs 94927 Cleveland and Srixon $50,000 $100,000 $50,000 $81,818 Amount Inventory Vendor and Material Amount Requested for Increase Total $150,000 $315,000 $165,000 1 $264,269 Justification: The pro shop needs to maintain an ample supply of goods to support patron demand; Pro Shop sales continue to increase. Account Name Account Number Amount Sandridge Golf Course/Inventory-Goods Resale 418-142000 $165,000 Utilities RECOMMENDATION: Staff recommends the Board of County Commissioners authorize increases to the listed Purchase Orders as approved by the Budget Office, up to the maximum amount requested for the current fiscal year. 25 Current Total Amount Requested Amount PO# Vendor and Material Amount Requested for Increase Spent Last Encumbered FY 2022/2023 Amount Fiscal Year (2021/2022) Eastern Pipeline 94739 Construction — Directional $35,000 $100,000 $65,000 $69,875 Drilling Justification: Additional directional drilling expenses are being incurred with new water service connections. Account Name Account Number Amount Utilities/Water Distribution/Other Professional Svcs 47126936-033190 $65,000 Current Total Amount Requested Amount PO# Vendor and Material Amount Requested for Increase Spent Last Encumbered FY 2022/2023 Amount Fiscal Year (2021/2022) 94907 Pete's Concrete — Concrete $35,000 $110,000 $75,000 $108,000 Patching Justification: Water line repairs and replacements often necessitate concrete patching. Utilities continues to streamline the line replacement program. The department completed 393 line replacements last FY, and has completed twice as many year to date this fiscal year, compared to last fiscal year. Account Name Account Number Amount Utilities/Water Distribution/Paving Material 47126936-035310 $73,000 Utilities/Wastewater Collection/Paving Material 47126836-035310 $2,000 Total $75,000 RECOMMENDATION: Staff recommends the Board of County Commissioners authorize increases to the listed Purchase Orders as approved by the Budget Office, up to the maximum amount requested for the current fiscal year. 25 901 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 13, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael C. Zito, Interim County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Mobile Detailing Agreement with No -H20 BACKGROUND: On December 9, 2022, the Purchasing Division issued a Request for Information (RFI) on behalf of Sandridge Golf Club, to identify mobile detailers interested in performing service on patron vehicles at the Club, with a portion of the proceeds payable to Sandridge. Two responses were received. Clean My Ride LLC, dba Keep it Klean, Inc. did not return the requested response form, and did not provide a proposed cost share percentage, or flat daily fee. No -H20 proposes an entirely self-contained process, requiring no water, and a 15% cost share percentage to Sandridge. FUNDING: Revenues from the detailing services will be deposited into 418034-343670 (Misc. Revenue). RECOMMENDATION: Staff recommends the Board approve the agreement with No -H20, and authorize the Chairman to sign it, after review and approval by the County Attorney as to form and legal sufficiency, and after receipt and approval of the required insurance and evidence of e -verify. Attachment: Agreement 26 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Paindiris Enterprises, LLC, DBA No -H20 Auto Detailing — Vero Beach (hereinafter called VENDOR). OWNER and VENDOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK VENDOR shall provide the following services: Provide Mobile Car Detailing services to patrons at Sandridge Golf Club, during its normal hours of operation. With the following objectives and requirements: • Customers should be able to pre -book online, or directly through the vendor • Vendor completes the transaction with the customer and is responsible for collecting all fees, as detailed in Exhibit 1. • Vendor provides 15% of sales to Sandridge Golf Club • Vendor must provide a weekly log, listing work completed and fees collected, along with payment to Sandridge for 15% of those fees. • Vendor will only work in the space identified by Sandridge. • Vendor must provide everything necessary (including water, if used) to provide services • Work area must be clean and clear at the end of each day (no equipment or debris left behind) • Absolutely no pollutants, chemicals, or agents may be allowed to drain into catch basins • The following minimum insurance requirements will need to be met: o Commercial General Liability, minimum $500,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage, including coverage for premises/operations, products/completed operations, contractual liability, independent contractors. Indian River County must be named as additional insured. o Business Auto Liability, minimum $500,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage, including coverage for owned, hired, and non - owned autos. If a vendor is using a personal vehicle, the minimum acceptable limits for personal auto liability is $100,000 per occurrence. Garage Keepers liability also accepted but not required. o Workers' Compensation Insurance in accordance with Florida Statutes, including Employer Liability with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee); Or "Certificate of Election to be Exempt" issued by the State of Florida Department of Financial Services Division of Workers' Compensation Or notarized statement of exemption that can be requested from the Purchasing Division. • Vendor must maintain all necessary licenses and permits to operate in Indian River County. • Vendor must be actively registered with and use, at their sole expense, the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees, as required by Section 448.095, F.S. Sole proprietorships are exempt from this requirement. • Music or noise disruptive to golfing patrons is prohibited 27 ARTICLE 3 - CONTRACT TERM This agreement will be effective for one year, with two one-year renewals available. ARTICLE 4 - INDEMNIFICATION VENDOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the VENDOR and persons employed or utilized by the VENDOR in the performance of the Work. ARTICLE 5 - MISCELLANEOUS 5.01 No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 5.02 OWNER and VENDOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 5.03 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 5.04 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. Article 6: - TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by VENDOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion VENDOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if VENDOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if VENDOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for VENDOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify VENDOR in writing of the grounds for termination and provide VENDOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the VENDOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying VENDOR in writing. Upon receiving such notification, VENDOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize VENDOR to restore any work sites. D. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate VENDOR's services and work for OWNER's convenience. Upon receipt of notice of such termination VENDOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. VENDOR shall not be entitled to any claim for compensation or damages against the County in the event of such termination. E. TERMINIATION IN REGARDSTO F.S. 287.135: TERMINATION IN REGARDSTO F.S. 287.135: VENDOR certifies that it and those related entities of CONTRACTOR 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. OWNER may terminate this Contract if VENDOR, 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. 29 IN WITNESS WHEREOF, OWNER and VENDOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and VENDOR. All portions of the Contract Documents have been signed or identified by OWNER and VENDOR or on their behalf. This Agreement will be effective on 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman By: Michael C. Zito, Interim County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Bela Nagy, Director of Golf 520073 rd Street, Vero Beach, FL 32967 (772) 770-5000 bnagy@ircgov.com VENDOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ME Exhibit 1 to the Agreement — Rate Schedule --------------- ---------. --- ---- -,. - -- -- - p . Sandridge: Premium Hand Wash'and Polish (Car/Sedan) (30 minutes @ $59.00) 40 Sandridge: Bronze Wash and Detail (Car/Sedan) (45 minutes @ $89.00) • Sandridge: Silver Wash and Detail (Car/Sedan)1 hour 15 minutes @ $129.00) + Sandridge: Gold Wash and Detail (Cir/Sedan) hours @ $199.00) Sandrid • ge: Plati nup�l d Polisitr/Sedan) (4 hours @ $429.00) • Sandridge::`Mter*0MrlSedanjt : ur @ $99.00) ------------- • Sandridge: Premium=i4and Wash ani! Polish (Mid-size ' minutes @ $69.00) -- ------ • Sandridge:$ronze Washpo,Detail (Mid-size 6 Sandridge: Silver Wash and Detail (Mid-size SU1� �i' e f hour 30 minutes @ $149.4 Sandridge: Gold Wash an Detail (Mid-size Si (2 hours 25 minutes @ $239.0 , Sandridge: Platinum 'Wash and Poli* IVAini Vans) (4 hours 40 minutes,l1: • Sandridge: Interior 01 ,to(Mid-siz;i,` '#tw 5 minutes @ $109.00) XL SUV (Full-size'" &- Sandridge: Premium Hand Wash' and Po{ish (Pti irsize firuc s an s nuies TWO) Sandridge: Bronze Wash and Detail (Full-size "4cks and 3 -Raw hour 10 minutes @ $129.00) SandridgwSilver Wash and Detail (full-size Trr;'"„ ') *:,mutes @ $169.00) o Sandridget.Gold Wash and Detail ( -size Trucks and 3 -Fitt- j2i ,,minutes @ $269.00) • Sandridge: Platinum Hand Wash and Polistb(Full-size T' r -Row SUVs) (5 hours 1& --minutes @ $529.00) • Sandridge:Interior Only Detail (Full-size Triv*s and "% *A l #/a1 ;7 hour 110.,miautes ) 31 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 7, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Michael C. Zito, Interim County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Authorization to Piggyback Modified Volusia County Bid for Lab Analysis and Sampling Services BACKGROUND: The Indian River County Department of Utilities Services (IRCDUS) is required by the Florida Department of Environmental Protection (FDEP) to perform periodic sampling and analysis at several of its facilities. Since February of 2020, IRCDUS has been using Pace Analytical Services, LLC for the analysis, piggybacking a bid competitively solicited and awarded by Volusia County (20-B-15LL). As part of the first renewal of the agreement, Volusia County has authorized a modification to the award, consisting of a 7% increase in prices above the original unit bid prices. These increases include inflationary surcharges that were not eligible to be enforced; during the original three-year term of the agreement. . _. DISCUSSION IRCDUS is satisfied the increased prices are still reasonable, and no savings will be found by issuing our own solicitation. Documents related to the Volusia County bid are available for review in the Purchasing Division. Funding for the services for IRCDUS is available in various professional services in the operating fund, as shown on the table on the next page. Operating funds are generated by water and sewer sales. Public Works has also piggybacked the Volusia bid for FEMA -required testing at disaster debris management (DDM) sites. Those costs are paid from the Transportation Fund, Road and Bridge, Other Contractual Services account. 32 CONSENT AGENDA Account Number Account Name FY21/22 Amount Anticipated 22/23 Amount 47129236-033190 Utilities/Spoonbill Marsh/Other $11,406 $10,000 Professional Services 47128236-033190 Utilities/Osprey Marsh/Other $6,980 $8,000 Professional Services 47121936-033190 Utilities/Water Production/Other $25,132 $30,000 Professional Services 47121836-033190 Utilities/Wastewater Treatment/Other $53,842 $64,000 Professional Services 11121441-033490 Transportation/Road and Bridge/Other (none allocated to $6,499 (Disaster Contractual Services contract) Debris Management Site Testing) Total $97,360 $118,499 RECOMMENDATION: Staff recommends the Board authorize the Utilities and Public Works Departments to continue to piggyback the Volusia County contract with Pace Analytical for Laboratory Testing Services and at the amended rates. 33 s °yam INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: February 6, 2023 To: The Honorable Board of County Commissioners Through: Michael C. Zito, Interim County Administrator Beth Powell, Director Parks and Recreation From: Joseph Tilton, Recreation Manager Subject: Work Order Number 8, Continuing Architectural Services Contract RFQ 2018063 Victor Hart Sr Community Enhancement Complex (Gifford Park) - Restroom / Concession Stand Architectural Services BACKGROUND: On November 13, 2018, the Board of County Commissioners approved Continuing Consulting Architectural Services Agreements for RFQ 2018063 between Indian River County and Edlund, Dritenbas, Binkley Architects and Associates, P.A. On November 2, 2021, the Board approved Renewal and Amendment No. 1 to the Agreement for Continuing Architectural Services. Work Order Number 8, under the current Continuing Consulting Architectural Services Agreement for RFQ 20180063, Amendment No. 1 would provide for construction documents, bidding and permitting assistance, and construction administration for the construction of a new restroom and concession stand. FUNDING: Funding for Work Order Number 8 is budgeted and available in the Optional Sales Tax/ParksNictor Hart Sr Restroom/Concession Stand account number 31521072-066510-23019, in the amount of $28,785.00. Description Account Number Amount Optional Sales Tax/Parks/Victor Hart Sr Restroom / Concession Stand 31521072-066510-23019 $28,785.00 RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 8 with Edlund, Dritenbas, Binkley Architects and Associates, P.A. authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Work Order Number 8 after review and approval by the County Attorney. M ATTACHMENT: Work Order Number 8, Edlund, Dritenbas, Binkley Architects and Associates, P.A. Continuing Engineering Services RFQ 2018063 Victor Hart Sr Community Enhancement Complex - Restroom/Concession Stand DISTRIBUTION Edlund, Dritenbas, Binkley Architects and Associates, P.A Approved for the February 21, 2023 Consent Agenda W ARCHITECTURAL SERVICES WORK ORDER NO. 8 Victor Hart Sr Community Enhancement Complex - Restroom / Concession Stand Architectural Services This Work Order Number 8 is entered into as of this 21St day of February, 2023, pursuant to that certain Continuing Architectural Services Agreement for Professional Services entered into as of the 13tH day of November, 2018 and renewed and amended as of November 2, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Edlund, Dritenbas, Binkley Architects and Associates, P.A ("ARCHITECT"). The COUNTY has selected the ARCHITECT 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 ARCHITECT will perform the professional services within the timeframe and for the fees detailed in Exhibit A, 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. ARCHITECT: BOARD OF COUNTY COMMISSIONERS EDLUND, DRITENBAS, BINKLEY OF INDIAN RIVER COUNTY ARCHITECTS AND ASSOCIATES, P.A By: Print Name: Title: By: Joseph H. Earman , Chairman Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Michael C. Zito, Interim County Administrator Dylan T. Reingold, County Attorney 36 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services Parks and Recreation Date: February 14, 2023 To: The Honorable Board of County Commissioners T_'CONSEABCC Mee0 Through: Michael C. Zito, Interim County Administrator Beth Powell, Acting General Services Director/Parks and Recreation Director From: Joseph Tilton, Recreation Manager Subject: Work Order Number 4, Dune Crossover Replacement of Two Dune Crossover Structures and One Dune Crossover Ramp Repair at the Tracking Station Beach Access BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Coastal Waterway Design & Engineering LLC. On May 18, 2021, Renewal and Amendment No. 1 were executed for continuing engineering services. Work Order Number 4 will provide for the design, engineering, permitting assistance, and construction administration for replacing two dune cross-over structures and repairing one dune crossover ramp at the Tracking Station Beach Access that were damaged due to Hurricanes Ian and Nicole in 2022. FUNDING: Funding for Work Order Number 4 is budgeted and available in the MSTU Fund/Beach Parks/Other Contractual Services/Hurricane Ian account, number 00411672-033490-22601, in the amount of $20,293 and the MSTU Fund/Beach Parks/Other Contractual Services/Subtropical Storm Nicole account, number 00411672-033490-23007, in the amount of $25,207, for a total project cost of $45,500. The funding is split between both storms based on the split for the countywide dune repair project. This split is subject to change upon acceptance of the final beach survey reports. Account Name Account Number Amount MSTU Fund/Beach Parks/Other Contractual 00411672-033490-22601 $20,293 Services/Hurricane Ian MSTU Fund/Beach Parks/Other Contractual Services/Subtropical Storm Nicole 00411672-033490-23007 $25,207 Total $45,500 41 RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 4 with Coastal Waterway Design & Engineering LLC, authorizing the professional services as outlined in Exhibit A, Exhibit B, and Exhibit C, and request the Board authorize the Chairman to execute Amendment No. 4 after review and approval by the County Attorney. ATTACHMENT: Work Order 4 Dune Crossover Replacement for Two Structures and Dune Ramp Repair at the Tracking Station Beach Access Coastal Waterway Design & Engineering LLC APPROVED AGENDA ITEM FOR FEBRUARY 21, 2023 C:\Granicus\Legistar5\L5\Temp\db0926a0-5ad2-4e02-958c-2818d69ad24d.doc 42 WORK ORDER 4 Dune Crossover Replacement for Two Structures and Dune Ramp Repair at the Tracking Station Beach Access This Work Order Number 4 is entered into as of this _ day of 2023, pursuant to that certain Continuing Architectural Services Agreement for Professional Services entered into as of the 17th day of April, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Coastal Waterways Design & Engineering LLC ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: COASTAL WATERWAYS DESIGN & ENGINEERING LLC By: BOARD OF COUNTY COMMISSIONERS of INDIAN RIVER COUNTY By: Stephen W. Boehning, P.E., CFM Joe Earman, Chairman Title: President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Michael Zito, Interim County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney Page 143 Work Order No. 4 Dune Crossover Replacement for Two Structures and Dune Ramp Repair at the Tracking Station Beach Access EXHIBIT A — SCOPE OF WORK Dune Crossover Replacement for Two Structures and Dune Ramp Repair at the Tracking Station Beach Access The County seeks to replace two (2) dune crossover access structures and repair the existing ramp structure located at Tracking Station Beach Access. The two replacement structures would that would be positioned on the site to minimize damage of the new structure and seek to minimize associated disruption of service to park goers, or to be designed to minimize storm related damage so that the structure can be made operational in an efficient and timely manner. This proposal is to design and seek state and local permits and to provide construction administration services for replacement of two (2) Tracking Station Beach Access dune crossover structure to replace the existing damaged structure and for one (1) repair of the existing ramp. The objective of this design is to provide a new structure that is more resistant to storm damage through repositioning the new crossover or by design, or a combination of both and provide design for repair to the ramp. The requested professional coastal engineering and environmental services are limited to Permitting, Design and Construction Administration Services for replacement of two (2) dune crossover access structures and repair of the existing ramp structure located at Tracking Station Beach Access: Task 1a — FDEP Permit/Indian River County Pre -application Conference and Conceptual Design CONSULTANT will conduct by telephone a pre -application meeting with the Department of Environmental Protection (DEP) staff and conduct a pre -application meeting with Indian River County Planning Division and Building Department staff, as necessary, to discuss the conceptual plan for beach access. CONSULTANT will prepare conceptual design drawings to use during the discussions of the project with FDEP and County staff. CONSULTANT shall prepare minutes of the pre -application conferences. CONSULTANT will obtain beach profile data from Indian River County and the Florida Department of Environmental Protection (FDEP). This will form the basis for the CONSULTANT conceptual design that will be utilized in preparation of the permit sketches. CONSULTANT will prepare a conceptual design for a dune crossover structure consistent with existing FDEP and Indian River County rules and codes. CONSULTANT will prepare a plan drawing, a cross-sectional drawing, and an opinion of probable initial construction costs. CONSULTANT will meet with the COUNTY staff to present the conceptual design. At this meeting, the COUNTY will approve the conceptual design or identify a conceptual design to be the basis of preliminary and final design. Page 244 Work Order No. 4 Dune Crossover Replacement for Two Structures and Dune Ramp Repair at the Tracking Station Beach Access Task 1b — Survey A topographic survey of the existing conditions is required by the County and the DEP. CONSULTANT will obtain a topographic survey of the beach and dune that meets the DEP requirements and provides a basis for the cross-section design template for permitting and construction documents. CONSULTANT professional land surveying subconsultant will perform a topographic survey of the Project area including establishment of a baseline. The survey will; define park features including parking, buildings, amenities, define the upland and seaward extent of dune vegetation; identify the top of dune, toe of dune, and crest width of the dune. The survey will consist of at least one beach profile as required by FDEP Permit Rules, including elevations recorded at least every 25 feet on center and at any break in slope. The profiles shall extend from the approximate landward toe of dune, or approximately 20 feet landward of the seaward dune crest, to the zero -contour line. Plan view and cross-sectional drawings of the survey results will be prepared by CONSULTANT which shall serve as the basis of design and permitting for the Project. CONSULTANT shall subcontract a portion of this work to a registered Florida licensed surveyor. Task 2 — Preliminary and Final Design CONSULTANT will prepare preliminary and final design drawings for the proposed project that will consist of a dune crossover structure meeting the design criteria established in the conceptual design task of this scope of work. For each phase, CONSULTANT will provide an opinion of probable costs and meet with the COUNTY to review the design. Final design shall include signed and sealed construction plans and specifications suitable for bidding and construction of the project. CONSULTANT will prepare a preliminary design to be submitted with the permit application and subsequently used to prepare 24" x 36" construction drawings for bidding purposes. The preliminary design will utilize the conceptual design sketches and will be updated with information from the pre -application meeting and our meeting with the COUNTY. Final design drawing updates will be completed after receipt of the permit, as necessary, and shall include signed and sealed construction plans and specifications. For each phase, CONSULTANT will provide an updated opinion of probable costs and meet with the COUNTY to review the design. Page 345 Work Order No. 4 Dune Crossover Replacement for Two Structures and Dune Ramp Repair at the Tracking Station Beach Access Task 3a - DEP Permit Application Based on the results of the pre -application conference with FDEP staff and on the preliminary design, CONSULTANT will prepare a formal application for a FDEP permit for the dune crossover structure. To fulfill DEP requirements, the COUNTY will provide to CONSULTANT: 1) a copy of the Warranty Deed for the project property; 2) a signed "Certificate of Owner's Authorization"; and 3) the required FDEP permit application fee. (estimated at $1,000) Task 3b — Indian River County Approval Application CONSULTANT will complete the necessary Indian River County Approval Application and submit to the County for Site Planning approval. CONSULTANT shall complete the necessary County Approval Application Forms including providing the required number of plans, a project description, One (1) aerial of site with project overlaid showing surrounding 100 feet, One (1) Copy of the Owner's Deed, Letter of Authorization from Property Owner if owner is not applicant, CONSULTANT shall provide evidence of compliance with Indian River County Dune Vegetation regulations and apply for necessary vegetation alteration permits. In general, COASTALWATERWAYS shall include a survey of the construction area, including a plan view, Aerial photograph, detailed description of the proposed re -vegetation and maintenance plan, including vegetation species, planting schedule, and maintenance schedule. The County shall pay any application fee. Task 3c — DEP Permit and County Approval Processing CONSULTANT will represent the project before DEP and County permit review staff towards obtaining permits for the work consistent with the design approved by the COUNTY in Task 2. CONSULTANT will contact FDEP and County staff to address staff questions and concerns and to expedite their review and processing of the permit application. CONSULTANT will confer with the COUNTY as to (a) interpretation of FDEP and County rules and regulations, and (b) responses to any FDEP and County staff requests for additional information. CONSULTANT will provide written responses to DEP and County staff to address staff requests for additional information. CONSULTANT will represent the project before FDEP and County staff toward securing approval of permits for the project. Additional surveys, studies or analysis not identified may be required by the agencies. These surveys/studies/analyses are beyond the scope of this work. Upon request by the FDEP for Page 446 Work Order No. 4 Dune Crossover Replacement for Two Structures and Dune Ramp Repair at the Tracking Station Beach Access additional surveys/studies/analysis, CONS ULTANTwiII submit a separate proposal requesting the COUNTY's authorization for these additional services. Task 4 - Construction Administration Services CONSULTANT will assist the COUNTY with answers to potential bidders' questions and assist the COUNTY with issuance of one (1) addendum if necessary. CONSULTANT will assist the COUNTY Representative in bidding and negotiating a construction agreement. CONSULTANT will assist the County with providing Building Permit processing assistance to the County selected Contractor. This assistance is limited to CONSULTANT providing a response to Building Code Official comments that are specifically related to the CONSULTANT design documents submitted for Building Department review. Specifically, the work by CONSULTANT will include the Building Department's engineered drawing requirements. Work by CONSULTANT will not include preparation and submittal of a Building Permit Application. CONSULTANT will conduct an on-site pre -construction meeting with the COUNTY Representative and the selected contractor. CONSULTANT will review shop drawings and up to two (2) change orders if necessary. CONSULTANT will make up to five (5) daily site observation, additional daily site observations will be negotiated at our hourly rates if deemed necessary. Daily site observations shall include identifying that the Contractor is performing the scope of work in accordance with the plans, specifications and permits. In addition, CONSULTANT will make a final site observation and submit a certification to the regulatory agencies to identify conformance of the project to the specifications, plans and permit. The COUNTY will provide all permit application fees, publishing fees, and additional surveys and testing reports required by the FDEP and any associated agencies. Additional surveys, studies or analyses may be required by the agencies. These surveys, studies, or analyses are beyond the scope of this work but may be provided by CONSULTANT under separate authorization. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 5 4f%/ Work Order No. 4 Dune Crossover Replacement for Two Structures and Dune Ramp Repair at the Tracking Station Beach Access 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 (see NOTE below): A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Design, Permitting and Construction Administration Services $ 45,500.00 Project Total $ 45,500.00 NOTE: The above professional fees do not include required permit application fees for permits to be obtained by CONSULTANT, to be paid by the County. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 6 " Work Order No. 4 Dune Crossover Replacement for Two Structures and Dune Ramp Repair at the Tracking Station Beach Access EXHIBIT C —TIME SCHEDULE Upon authorization to proceed by the COUNTY, permit application and preliminary design documents are expected to take approximately twenty weeks (20) weeks from the Notice to Proceed (NTP). DEP Permit and County Approval Processing is dependent upon agency review timing. Construction Administration Services schedule is dependent upon County contract bidding and negotiation timing JK) Page 7 of 7 49 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael Zito; Interim County Administrator THROUGH: Phil Matson; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: February 10, 2023 SUBJECT: D.R. Horton, Inc's Request for Final PD Plan/Plat Approval for a Subdivision to be known as Grande Hammock PD [PD -13-11-04 / 2013100058-91467] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 21, 2023. DESCRIPTION & CONDITIONS: Grand Hammock PD, which was formerly known as Hammock Lakes PD Phase III, is a single phase, 96 lot residential subdivision on 37.64 acres. The project site is located on the north side of 1St Street SW, f 1,300' east of 58th Avenue. The site is zoned RS -3, Residential Single -Family (up to 3 units/ acre), and has an L-1, Low -Density Residential -1 (up to 3 units/ acre) land use designation (see Attachment 1). The density for Grand Hammock PD is 2.55 units per acre. On February 14, 2014, the Planning and Zoning Commission (PZC) granted preliminary PD plan/ plat approval for Grande Hammock PD (formerly known as Hammock Lakes PD Phase III). On December 14, 2018, the PZC granted a 3 -year extension of the preliminary PD plan/plat approval. After the extended preliminary PD plan/plat approval, the developer obtained a land development permit, constructed the subdivision improvements, and obtained a Certificate of Completion from Public Works. The applicant has submitted a final plat in general conformance with the approved preliminary PD plan/plat, and now requests that the Board of County Commissioners grant final PD plan/plat approval for Grande Hammock PD. ANALYSIS: All of the required improvements for Grande Hammock PD have been completed and inspected, and a Certificate of Completion was issued by Public Works on January 31, 2023. All project improvements (stormwater tracts, landscape tracts, roadways) will be private, with the exception of certain utility facilities which will be dedicated to and guaranteed to Indian River County after plat recordation as required by the Utility Services Department. All dedications, including those to the County, can be found on the final plat, which is on file with the Planning Division. All requirements of final plat approval have been satisfied. C:\Granicus\Legistar5\L5\Temp\7976fffc-d98e-424c-a4fc-c2fabca35379.doc 50 RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final PD plan/plat approval for Grand Hammock PD. ATTACHMENTS: 1. Location Map 2. Final Plat Layout C:\Granicus\Legistar5\L5\Temp\7976fTc-d98e-424c-a4fc-c2fabca35379.doc 51 �!!|| | E! hi TIg §||||; ! !! {h�§ !!E!= ;;;|!,§■.!! f !|r, /} IINN Hill § | :„e, „ | §§§§! r 99 ) ! •!!!! ! lwJ:J` j,§j! - \ /|{ .<.< . !.- J,§\\\\\}j\} ” H. § S! ƒ : | , � � Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Ofce of INDIAN MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 9, 2023 D, Consent Agenda - B. C.C. 2.21.23 RIVER COUNTY ATTORNEY SUBJECT: Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program BACKGROUND On July 12, 2016, the Indian River County Board of County Commissioners (the "Board") authorized the Southeast Florida Behavioral Health Network to file a Notice of Intent to Submit an Application to the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Review Committee for a Florida Department of Children and Families Criminal Justice, Mental Health, and Substance Abuse Reinvestment grant (the "Grant"). Indian River County was successful in obtaining the Grant in the amount of $1.2 million over a three-year period. The Grant was used to assist the Indian River County Mental Health Court program. On January 8, 2019, the Board voted to apply for another Grant to be used to support expanded services for the mental health court program. Indian River County was again successful in obtaining the Grant in the amount of $1.2 million over a three-year period. The Grant has been used to assist the Indian River County Mental Health Court program in expanding services and successfully diverting individuals from the criminal justice system. On March 15, 2022, the Board voted to support the application for another Grant which would be used to support further expanded services for the mental health court program. Unfortunately, the Department of Children and Families did not open up a request for applications for the Grant. However, the Southeast Florida Behavioral Health Network has identified two potential grant opportunities through the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance to help with funding for the Indian River County Mental Health Court program. Thus, the County Attorney's Office recommends that the Board authorize Southeast Florida Behavioral Health Network to file these applications, if applicable and appropriate, on behalf of Indian River County. The County Attorney's Office also recommends that the Board authorize the chair to execute the attached draft letter, after review and approval by the County Attorney's Office. C: IG,=i wVegbW5VSlTmpVd7ldb8lado3-4513-9007cc263636d446.doc 55 Board of County Commissioners February 9, 2023 Page Two FUNDING The current Grant, which contributes $400,000 per year to the Indian River County Mental Health Court program, expires in June. It is the goal to seek an equal amount of funds through grant opportunities with the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance as well as other funding opportunities. At this time it is not known what, if any, matching funds will be required. RECOMMENDATION The County Attorney's Office recommends that the Board authorize Southeast Florida Behavioral Health Network to file applications for grant opportunities through the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance on behalf of Indian River County, as applicable and appropriate. The County Attorney's Office also recommends that the Board authorize the chair to execute the attached draft letter, after review and approval by the County Attorney's Office. ATTACHMENT Designation Letter C. IG,,,i=Ur gism 5151Templld74db84-,&3-4512-9007-cc263636d446.doc February 21, 2023 Ann Berner Southeast Florida Behavioral Health Network 140 Intracoastal Point Dr Suite211 Jupiter, FL 33477 RE: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Grants On February 21, 2023, the Indian River County Board of County Commissioners designated Southeast Florida Behavioral Health Network to submit grant applications to the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance to assist with the Indian River County Mental Health Court program. The Board also voted to approve and support the designation of Southeast Florida Behavioral Health Network to be the applicant for Indian River County. Sincerely, Joseph H. Earman Chairman Board of County Commissioners Indian River County 57 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: FDEP Grant Agreement 221R1 (Wabasso Beach Restoration Project Sector 3 Construction and Year 1 Monitoring) DATE: February 10, 2023 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2021/2022 funding to assist eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program. The FDEP has allocated $7,322,869.00 under Local Government Funding Request Grant 221R1 as a cost share for construction and year 1 post construction related monitoring expenses for Indian River County's Sector 3 Beach and Dune Restoration Project which completed construction in March of 2022 and requires post - construction monitoring to take place over the next several years. The attached agreement commits up to $7,322,869.00 in cost -share funding from FDEP to the County's local cost share of up to $7,322,869.00 and an estimated Federal funding allocation of up to $9,750,112.00 (Federal Emergency Management Act (FEMA) and Department of Emergency Management (DEM)), totaling up to $24,395,850.00 for construction and construction related monitoring expenses for the County's Sector 3 Beach and Dune Restoration Project. Cost -share is outlined in the below table. The agreement identifies Indian River County as the Local Sponsor, Natural Resources Manager, Eric Charest, as the project manager, and has an expiration date of June 30, 2025. Eligible DEP Cost FEMA and DEM Task # Project Task Share Cost Share DEP Cost Share Local Cost Share Total 1 Construction 50% $9,750,112.00 $7,124,944.00 $7,124,944.00 $24,000,000.00 2 Monitoring 50% 0.00 $197,925.00 $197,925.00 $395,850.00 Total $ 9,750,112.00 $7,322,869.00 $7,322,869.00 $24,395,850.00 FDEP Grant Agreement 221R1 February 21, 2023 BCC Meeting FUNDING As the construction phase of the project was completed in March of 2022, funding for construction related activities, in the amount of $7,124,944.00, was budgeted and made available in the Beach Restoration Fund/Sector 3 Beach Renourishment account, number 12814472-066514-17001 and includes funding from the Local Option Tourist Tax Revenue, FEMA Project Worksheets, and Local Government Funding Request Grant 171R2 reimbursements. Funding for post -construction related monitoring activities, in the amount of $197,925.00, was budgeted and made available in the Beach Restoration Fund/Other Contractual Services/Sector 3 Post -Construction Monitoring account, number 12814472-033490-05054. Account Name Account Number Amount Beach Restoration Fund/Sector 3 Beach Renourishment 12814472-066514-17001 $7,124,944.00 Beach Restoration Fund/Other Contractual Services/Sector 3 Post -Construction Monitoring 12814472-033490-05054 $197,925.00 Total $7,322,869.00 RECOMMENDATION Staff recommends the Board approve FDEP Grant Agreement No. 221111 for up to $7,322,869.00 and authorize the Chairman to sign the Agreement on behalf of the County. Following Board approval, the County will transmit the partially executed Agreement to the State for final signatures. Upon receipt of the fully executed original FDEP Grant Agreement 221R1 from the State, staff will transmit to the Clerk to the Board of County Commissioners for filing. ATTACHMENTS 1. FDEP Grant Agreement 221R1 2. Indian River County Grant Form No. 221R1 APPROVED AGENDA ITEM FOR: February 21, 2023 59 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Wabasso Beach Restoration Project - Sector 3 22IR1 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Entity Type: Local Government Grantee Address: 1801 27th Street, Building A Vero Beach, FL 32960 FEID: 59-60000674 (Grantee) 3. Agreement Begin Date: Date of Expiration: 11/1/2020 06/30/2025 4. Project Number: Project Location(s): Indian River County (If different from Agreement Number) Project Description: The project consists of Construction and Year 1 Monitoring. 5. Total Amount of Funding: Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): R State ❑Federal FY21/22 GAA Line Item #1647 $ 7,322,869.00 $ 7,322,869.00 ❑ State E --]Federal ❑ Grantee Match Total Amount of Funding + Grantee Match, if any: $ 7,322,869.00 6. Department's Grant Manager Grantee's Grant Manager Name: Tony Figueroa-Vivenez Name: Eric Charest or successor or successor Address: Beach Management Funding Assistance Address: Natural Resources Manager 2600 Blair Stone Road, MS #3601 180127th Street, Building A Tallahassee, Florida 32399 Vero Beach, FL 32960 Phone: 850-245-8314 Phone: 772-226-1569 Email: Tony.FigueroaVivenezAFloridaDEP.¢ov Email: echarest(a,ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incomorated by reference - 9 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements Z Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan [i) Attachment 4: Public Records Requirements 9 Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) 'Copy available at hit s://facts.fldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): R Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 0 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PURI 808 DEP Agreement No. 22IR1 Rey. 10/25/22 ❑ Additional Exhibits (if necessary): 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers F Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: _ � � �- Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Indian River County Grantee Name By (Authorized Signature) Print Name and Title of Person Signing GRANTEE Date Signed State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Print Name and Title of Person Signing 0 Additional signatures attached on separate page. Date Signed DEP Agreement No. 221R1 ley. 10/25/22 ORCP Additional Signatures Name, DEP Grant Manager Name, DEP QC Reviewer 62 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parries. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 12 Rev. 10/3/2022 63 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department with reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of12 Rev. 10/3/2022 64 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.mAoridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Division/AA/Vendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to 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 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 fiznds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3of12 Rev. 10/3/2022 65 a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors), Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4of12 Rev. 10/3/2022 66 Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. Attachment 1 5of12 Rev. 10/3/2022 67 b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and fii nishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6of12 Rev. 10/3/2022 68 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7of12 Rev. 10/3/2022 69 d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 10/3/2022 70 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA). Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 27. Record Keeping. Attachment 1 9of12 Rev. 10/3/2022 7 The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: hgp: //dos.myflorida. com/library-archives/records-manuement/g;eneral-records-schedules/). 28. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: haps:\\apps. fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipienfs, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of Attachment 1 10 of 12 Rev. 10/3/2022 72 money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 30. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned funis that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 32. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 33. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 34. Third Parries. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Severability. Attachment 1 11 of 12 Rev. 10/3/2022 73 If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 36. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 10/3/2022 74 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. 221111 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Wabasso Beach Restoration Project — Sector 3. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements See Attachment 3, Grant Work Plan. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2 1 of 3 Rev. 10/11/2022 75 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. Grantee shall provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Comprehensive General Liability Insurance. The Grantee shall provide adequate comprehensive general liability insurance coverage and hold such liability insurance at all times during the Agreement. The minimum limits shall be $200,000 for each person and $300,000 per occurrence. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation. The Grantee shall comply with the workers' compensation requirements of Chapter 440, F.S. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — fumVperson/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 Attachment 2 2 of 3 Rev. 10/11/2022 76 15. Additional Terms. None. Attachment 2 3 of 3 Rev. 10/11/2022 77 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Wabasso Beach Restoration Project — Sector 3 PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R20 and R55 along the Atlantic Ocean, in Indian River County, Florida. PROJECT BACKGROUND: The Project consists of nourishment of the County's Sector 3 Beach and Dune Restoration Project. The construction project will place approximately 670,600 cubic yards of beach - compatible sand fill and plant approximately 352,120 native dune plants along 6.6 miles of shoreline from R20 to R55 in Indian River County. The Department's designation of critically -eroded shoreline ends at R51.3, so the shoreline outside of this area is not eligible for state cost share. The funding request is for the reimbursement of FY20/21 costs and the request for upcoming construction and first-year monitoring funds. Staff have determined that 100% of the project is eligible for state cost share. PROJECT DESCRIPTION: The project consists of construction and Year 1 Monitoring. PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $7,322,869 for this Project or up to 50% of the non-federal Project cost, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statute (F.S.). Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: https:Hfloridadep.gov/sites/default/files/PhysicalMonitorinjzStandards.pdf One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Acronyms: DEP Agreement No. 22181, Attachment 3, Page 1 of 4 78 DEP — Florida Department of Environmental Protection F.A.C. — Florida Administrative Code F.S. — Florida Statutes FWC — Florida Fish and Wildlife Conservation Commission TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida -registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report signed by Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Task 2: Monitoring State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for post construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and DEP Agreement No. 221R1, Attachment 3, Page 2 of 4 79 mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit -required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task, unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under this task description. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost State Coast Federal Task # Eligible Project Tasks Share Estimated DEP Local Total Project Costs 1 Construction 50.00% $9,750,112.00 $7,124,944.00 $7,124,944.00 $24,000,000.00 2 Monitoring 50.00% $0.00 $197,925.00 $197,925.00 $395,850.00 TOTAL PROJECT COSTS $9,750,112.00 $7,322,869.00 $7,322,869.00 $24,395,850.00 NOTE: Federal Estimated Project Costs include the following: Hurricane Irma, 90% FEMA and 5% FDEM, for a total 95% Hurricane Dorian, 75% FEMA and 12.5% FDEM, for a total 87.5% Hurricane Matthew, 75% FEMA and 12.5% FDEM, for a total 87.5% DEP Agreement No. 221R I, Attachment 3, Page 3 of 4 80 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding deliverable due date. TAS Task No. Task Title Budget Category Budget Amount Task Start Date Deliverable Due Date 1 Construction Contractual Services $7,124,944 11/01/2020 12/31/2024 2 Monitoring Contractual Services $197,925 11/01/2020 12/31/2024 Total: 1 $7,322,869 DEP Agreement No. 22181, Attachment 3, Page 4 of 4 81 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F. S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. services(a,floridadgp.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 82 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at hM2s:Hsam.Lov/content/assistance-listin2s. Attachment 5 1 of 7 BGS -DEP 55-215 revised 11/8/8 PART IL• STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part 11, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hiips://Ws.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hn://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at hgp://www.myflorida.com/, Department of Financial Services' Website at hM://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(x) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of7 BGS -DEP 55-215 revised 11/8/" By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudLt@,dep.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.govn provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditAdep.state. fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 7 BGS -DEP 55-215 revised 11/8/85 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of7 EGS-DEP 55-215 revised 11/8/s® �o 0 r" FMM�I P•I o CA) Iz 0 0 W i�yy a a W U a O .n aU O m aU y w d w d O 7 O a O d 601 CA Q .b w E w w of m A O � N o O H w o w w o rr o y U U vi O U txc ani w b+ d d O c U z U Z a i�-i U iii C � aUa N 'u a U c as U c d w Oc d w V O w � N w � w "� � d OQ pro oPQ wa y 6� i. a O y b b as '°wa wa pro o CA) Iz C� N W i�yy a W U O .n O m y w y w O O 7 E w of m A o w o w w o rr txc O c i�-i U iii � aUa N U c U c w Ex w rA "� d OQ pro oPQ wa C� 00 O 0 0 M 8 • 0 0 as N a �¢U a �¢U w o 0 � Q d 42. w N M w h a H a a o�� o L 01 f N V � F H U U w O V V c� All .p O U y y r.a .N ¢ O �i y w a w� o o d M d f. A A o ¢ w a N N y a � NrAv a w N w d U a. o C •� U ccd b w w a w d ¢ b Q y 61 yy h y a L o �d b Baa y .4. y 0 y 0 wa 00 O 0 0 M 8 • 0 0 N y •� O 'C O Fs; •�O N M ''C u a o�� o L � V V c� O y y r.a .N ¢ O ° w a w� o uz M uz f. ¢ N a+ N N y Q � NrAv L w N w a U a. o C •� U b a tc t .p d ¢ b Q yy h Lui a rA ad a a. rA 00 O 0 0 M 8 • C C7 EXHIBIT A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III QUARTERLY PROJECT PROGRESS REPORT Name of Project: Wabasso Beach Restoration Project — Sector 3 Local Sponsor: Indian River County DEP Agreement Number: 221R1 Report Year: Report Period (select one): Q1: Jan — Mar 31 [] Q2: Apr — Jun 30 F-1 Q3: Jul — Sep 30 [] Q4: Oct — Dec 31 For each task, include the following information: Describe the work performed during the reporting period (including percent of task completed to date), problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. (Use additional pages, if needed). Task 1: Task 2: Task 3: Task 4: DEP Agreement No. 22181, Exhibit A, Page 1 of 1 90 EXHIBIT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART I — PAYMENT SUMMARY Name of Project: Wabasso Beach Restoration Project— Sector 3 Local Sponsor: Indian River Countv DEP Agreement Number: 221RI Remittance Mailing Address: Billing Number: Billing Type: ❑ Interim Billing Costs Incurred This Payment Request Federal Share* State Share *if applicable Cost Summary: State Funds Obligated Less Advance Pay Less Previous Payment Less Previous Retained Less This Payment Less This Retainage State Funds Remaining ❑ Final Billing Local Share Total C r Local Funds Obligated Less Advance Pay Less Previous Credits Less This Credit Local Funds Remaining Q DEP Agreement No. 22181, Exhibit C, Page 1 of 5 91 P! w° ;5 0 4a d N O) O 0 b �a w° I wm o w r � � A a a U d�q aa 141 � 7 o aF •� fpr. •� [-°gyp •� ��•a CC � ra0 , - E"' a p, Fwd i �:? ��+ •„o.w" .� � � o pp .� d o 0 •:� hp p ���°UUU d J7 fes/] —00 .� ti O a.� ou ba a d C p • z p„ � u b.0 W Lei O� �; ao a a� v y N V] N N •r V1 y N�� V�1 H •o w � m p+ o mA' H pt w.444 C4 q -- .Nr — -- Y O' 3a w a■ d bo p aaa Y � 8 0 0 o a wo +,ate rA d r .. y `Y o -e A zwrA V d do e 0 do q G p Y 3a.. �aV z d Y ,p W M v z �A U Z. z u rqi Ca Y b � ..z L � d �z 8# N O) b �a w° w b � A a {Ad Q q N U d�q aa 141 � 7 o aF •� fpr. •� [-°gyp •� ��•a CC � ra0 , - E"' a p, Fwd i �:? ��+ •„o.w" .� � � 50 •.3 W q•' . � ° .a o pp .� d o 0 •:� hp p ���°UUU d J7 fes/] —00 .� ti O a.� ou ba a d C p • z p„ � u b.0 W Lei O� �; ao a a� v y N V] N N •r V1 y N�� V�1 H •o w � m p+ o mA' H pt w.444 C4 q -- .Nr — -- Y O' Ji w a■ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART III — INVOICE REPORT Name of Project: Wabasso Beach Restoration Project— Sector 3 Local Sponsor: Indian River Countv DEP Agreement Number: 221RI Billing Number: Invoice Report Period: (Describe progress accomplished during the invoice report period, including statement(s) regarding percent of task completed to date.). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The followiny. format should be followed: Task 1: Progress for this invoice billing period: Identify any delays or problems encountered: DEP Agreement No. 221R1, Exhibit C, Page 3 of 5 93 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART IV — CERITIFICATION OF DISBURSEMENT REQUEST Name of Project: Wabasso Beach Restoration Project — Sector 3 Local Sponsor: Indian River County DEP Agreement Number: 221RI Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local Sponsor; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the Attachment 3, Grant Work Plan. I certify that the purchases noted were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 221R1, Exhibit C, Page 4 of 5 94 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART V — COMPLETION CERTIFICATION Name of Project: Wabasso Beach Restoration Project — Sector 3 Local Sponsor: Indian River County DEP Agreement Number: 221RI Task Completion ❑ (List Tasks) Agreement Completion ❑ *I hereby certify that the above mentioned project task(s) has been completed in accordance with the Project Agreement, including any amendments thereto, between the DEPARTMENT and LOCAL SPONSOR, and all funds expended for the project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the final federal accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 22181, Exhibit C, Page 5 of 5 95 GRANT NAME: FDEP Wabasso (Indian River Sector 3) Beach Restoration — Post Const. Monitoring GRANT # 22IR1 AMOUNT OF GRANT: $7,322,869.00 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: Eric Charest TELEPHONE: ext. 1569 1. How long is the grant for? June 30, 2025 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 50.00 % Expected Starting Date: November 1, 2020 YES NO X X X 5. Grant match amount required $7,322,869.00 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Local Funding is available from the Sector 3 Beach and Dune Restoration Proiect and Sector 3 Post Construction Monitoring— Account Nos. 12814472-066514-17001 and 12814472-033490-05054. 7. Does the grant cover capital costs or start-up costs? No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Date: .7 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ ' $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: .7 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael Zito, Interim County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Venetian Grove — Right of Way Acceptance and Murphy Reservation Release DATE: February 10, 2023 DESCRIPTION AND CONDITIONS Venetian Grove is a subdivision located south of State Road 60, on the east side of 98th Avenue between 8th and 12th Street, with a portion of the subdivision extending to 16th Street. The subdivision encompasses approximately 226 acres with a total of 900 units planned for development. Venetian Grove is in the final stages of obtaining permits for construction. One of the requirements for obtaining a Land Development Permit (LDP) from Public Works is for the developer to dedicate the necessary right-of-way for 8th Street, 12th Street, 16th Street, and 98th Avenue to support the project and for future construction of a roadway network in this area. See attached Exhibit A. In October of 2021, the Developer's engineer submitted documentation for the release of Murphy Reservations that encumbered portions of the property along 12th Street, 16th Street, and 94th Avenue, see attached Exhibit B. The project was still in the design phase at that time and there was road right-of-way that the Developer was required to deed to the County for the project and future roadway extensions. As such, Staff was not amenable at that time to releasing the Murphy Reservations until the Developer provided the proper documentation to deed the necessary right-of-way to the County. The Developer has now submitted the proper documentation to the County for the necessary right-of-way. As such, staff is requesting that the Board accept the deeds for the right-of-way shown in Exhibit A and release the Murphy Reservations shown in Exhibit B. FUNDING No funding is necessary for this item. RECOMMENDATION Staff recommends the Board of County Commissioners accept the right-of-way deeds for 8th Street, 12th Street, 16th Street, and 98th Avenue and authorize the Public Works Director to execute the document releasing the Murphy Reservations provided in Exhibit B. ler■ETC IMT3li0 Exhibit A - Venetian Grove Deeds and Releases Exhibit B - Murphy Reservation Release Request APPROVED AGENDA ITEM FOR: February 21, 2022 WA Exh i bit"A" This document was prepared by and should be returned to the: County Attorney's Office i 801 271h Street t Vero Beach, FL 32960 l r t t i' r .rWAM=—QW, . THIS INDENTURE, made this1QA t{y between tib. LM:. HOLDING, LLC, a Florida limited liability tympany, v&fte r is 305 Julia meet, New Smyrna Beach, Florida 32168, GRANTOR, and INDIAN RIVER COUNTY, -01 political subdivision of the State of Florida, whose address is 1801 270, Street, Vero Beach, !PL 32960, GRANTEE, WITNESS IE+ iH- 110Ta GRANTOR, for and In consideration of the sum of Ten Dollars and other good and Valuable consideration to GRANTOR In hand paid by GRANTEE, the receipt of which Is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land situate, lying, and being in Indian River County, Florida: See Exhibits "A" and "B" attached and incorporated by reference herein i AND GRANTOR does hereby fully warrant the title to the said land, and will defend the same F against the lawful claims of all persons whomsoever. q. Signed in the presence of, (30 /��/�L Y E ii'�'I.,ilMI LLC, .. a Florida quad liability company A e s W. Kern, anager sign: a...: Ur Wit e Printed new Cw (c�,lty )} STATE OF FLIDA COUNTY OF The foregoing instrument was acknowledged before me, by means of physical presence or 0 online notarization, this jan day of 2023 by James W. Kern, the Manager of GO LIFE HQLDING, LLC, a Florida limited liability company, on behalf of the company, who Is Personally known or 0 produced identification in the form of NOTARY PUBLIC ad name: NOTARIAL SEAL: mission No.: . ,..�.... _T mission ex plrationt ; YPG6 Christine Haycock Commissidn # GG 983599 ( N : ., 0mmission Expires 05-03.2024 44ded Through - C nano oFe�o� floridA •Notary PubUc } 98 Sl�� TCH OF LE GAL Of SCRIPTION EXHIBIT "A" SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD. INC, L.B.#6905 d.b.b. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BILLY M. MOODY P,S.M,// 5336 LEGAL DESCRIPTION PARCEL A A PARCEL OF LAND BEING T14E NORTH 6D.00 FEET OF TRACTS 11 AND 12, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 36 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPTING THE EAST 30.00 FEET OF SAID TRACT 11, AND ALSO LESS AND EXCEPTING THE WEST 60.00 FEET OF SAID TRACT Q. PARCEL 8 A PARCEL OF LAND BEING THE NORTH 30,00 FEET OF TRACT 3, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LUNG AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPTING THE EAST 30.00 FEET THEREOF. PARCEL C A PARCEL OF LAND BEING THE SOUTH 30.00 FEET OF TRACT 6, SEC71ON 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO 711E LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPTING THE EAST 30.00 FEET THEREOF, ABBREVIATIONS: PBS — PLAT BOOK ST. LUCIE POB — POINT OF BEGINNING POC — POINT OF COMMENCEMENT I.R.F,C.W. — INDIAN RIVER FARMS WATER CONTROL DISTRICT R/W — RIGHT OF WAY 'MIS SKETCH OF DESCRIPTION IS NOT VALID VATHOUTTHE MERIDIAN e LICENSED AND THE ORIGINALR416EOSEAHELOW. FLORIDA LAND 3URVEYOR6 LICENSfib SURV ANb IMPPER NNAED INFLOW, 1717 BJDIAN RIM BLVD, SUrM 201 VERO BRACH, FL. 32960LB#6905 PHONE: 772-794-1213, FAX772-794-1096 RMAB.:INROQQ WA-LB6905.COM l ��28�Z022 z ' E$ SKETCH OF L EG/- r L DF. SCRIP HON EXHIBIT B CNAPIIIC SCALE SOD 0 70 500 (LC FEET) 1 Inch = 500R. North U l0 W MMJJ 13 2 [n 1 I _ 17 SECTION 10 -83S -38E SECTION 10-33S-389 o TRACT 6 W� TRACT 6 � (PBS 2, PG, 25) SECTION 1D-33S•-3RE (PHS R. PG. 26) SECTION 10-338-38E 3ECAO-33S-36E <i (PHS 2, P0, 25) TRACT 11 I I� W. fi ! TRACT UNE k SEC 10M1 33SR 3BE THIS SKETCH OF DESCRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH i ��', 1/4 SECTION LINE a SEC. 10-33S••38E— (PBS 2, PG. 26) 12TH STREET 19 PIiONB 772-794.1213 PAX.772-794-1096 77:INP -1213 FAM -_=--J.—� }M job v PO 1OF2 4 ! 30' OF 13 TRACT 14 I ± I iTRACT SECTION 10 -83S -38E SECTION 10-33S-389 fj THE BASIS OF BEARING FOR THIS SURVEY SW CORNER i (PBS 2, PG, 25) (PBS 2, PG. 26) i 3ECAO-33S-36E � TRACT 12 TRACT 11 I I� i SECTION 10-335-38E SECTION 10• -33S -35E LAND SURVEY 1719 B.�DjJAA��72iYRlt BLVA,SUPl'II 201ORS THIS SKETCH OF DESCRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH /I\ (PBS 2, PG. 26) (PDS 2, PG. 26) cS i PIiONB 772-794.1213 PAX.772-794-1096 77:INP -1213 FAM ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER. }M job v PO 1OF2 ! -----`- TRACT UNE-------- - -`-- -TRACT UNE 30' OF -------------- 13 TRACT 14 I ± I iTRACT SECTION 10 -83S -38E SECTION 10-33S-389 fj THE BASIS OF BEARING FOR THIS SURVEY SW CORNER I (PBS 2, PG, 25) (PBS 2, PG. 26) i 3ECAO-33S-36E SOUTH, RANGE 38 EAST '^ i 8TH STREET LAND SURVEY 1719 B.�DjJAA��72iYRlt BLVA,SUPl'II 201ORS THIS SKETCH OF DESCRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH /I\ /- 7NE SOIiTN 100.00' (60' PUBLIC R/W)---1 -------------- 101 ( I +NOTE S.1/4 CORNER I fj THE BASIS OF BEARING FOR THIS SURVEY IS S09'23'5YE, SEC.10-33S-38E ALONG THE 1/4 SECTION UNE OF SECTION 10. TOWNSHIP 33 SOUTH, RANGE 38 EAST MERIDIAN® ee J� LAND SURVEY 1719 B.�DjJAA��72iYRlt BLVA,SUPl'II 201ORS THIS SKETCH OF DESCRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH /I\ VBAO BBACH, [+L. 32960 LBg6905 SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE PIiONB 772-794.1213 PAX.772-794-1096 77:INP -1213 FAM ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER. }M PO 1OF2 101 �KE"TCH Of'- I.FCAL DF. ,SCRIPTION EXHIBIT B SI(E fCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY THIS SURVEY PERFORMED BY: HOUSTON, SCHULKF, BITTLC & STODDARD, INC. L.B.a6905 d.b.a. MERIDIAN LAND SURVEYORS 1717 II4DIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32950 PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BILLY M. MOODY P.S.M.(/ 5336 LEGAL DESCRIPTION THE EAST 30,00 FEET OF THE WEST 60.00 FEET OF TRACTS 12 AND 13, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE SOUTH 100 FEET THEREOF, ABBREVIATIONS: PBS — PLAT BOOK ST. LUCIE POB — POINT OF BEGINNING POC — POINT OF COMMENCEMENT I.R.F.C.W. — INDIAN RIVER FARMS WATER CONTROL DISTRICT R/W — RIGHT OF WAY MERIDIAN THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE LICSIGNSEDSU D THE SURVEYOR NDINAPPER ED NAME BELOMEFLORIDA LAND SURVEYORS LICENSED SURVEYORANO lJAPpER NAMED BELOW. 1717 INDIAN RIVER ➢LVD, SO1TE 201 VERO BEACH FL. 32960 1;896905PROM: 77&794-1213 PAX: 772-794-1096 / B1lm., INPOQ1,itS 6905,COM 9• 102 GO UFS, HCI ?a, LL0, a "a ilk liability, company, hereth after "MORTGAGOR",. by Indenture of Mortgage bearing the 20th day of October, 2021, and,- recorded in O.R..took 3497, Page 571, of the Public Records of Indian River Count, F1od* mortgaged urft Clearloans, LLC, a Florida limited liability.: comparvj, hook aft "MORTGAGM the premises described, to secure the payment of ft princip4l wW kfttftt as therein mern; ARID WHEREAS, the MORTGAGOR I? roque sted the MORTGAGEE to release the prernim he h WW d ril ; being part mortgaged premises, from the lien and awn of the Mw%"w, NOW, THEREFORE, the MORTGAGE,- in consideration of the premises and of the sum of ONE DOLLAR to*k paid by the MORTGAGOR at the time of the execution hereof, the receipt whereof is hereby acknowledged, does remise, release, quitclaim, exonerate, and discharge from the lien and operation of1he mortgage unto the MORTGAGOR argil its heirs and assigns, all that piece, parcel, or tract of land, being a part of the premises conveyed by the mortgage, to -wit: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF ;. 4 TO HAVE AND TO HOLD the same with the appurtenances, unto the MORTGAGM y its heirs and assigns forever, free, exonerated, and discharged of and from the lien of the f mortgage, and every pant thereof; provided always, nevertheless, that nothing herein contained shall in anywise impair, alter, or diminish the effect, lien, or encumbrance of the mortgage on the remaining part of -mortgaged premises not hereby released therefrom, or any of the rights and remedies of the holder thereof, IN WITNESS VWE'REOF, the MORTGAGM has hereunto set its hated pW seal this ;9p -1 day of � ;, � , 2023, Signed, sealed and delivered in the presence of the following CRLOANS, LLC I witnesses: A ftdda Limited LAb signator , NALL8yr l print nam bC .C eager: I signature,./R ^ print nameAk,Aj4416:> ' r 105 SKETCII Of LEGAL DESCRIPTION EXHIBIT „A„ SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B,#6905 d.b.a. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 + PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BILLY M. MOODY P.S.M./ 5336 LEGAL DESCRIPTION q. PARCEL A A PARCEL OF LAND BEING THE NORTH 60.00 FEET OF TRACTS 11 AND 12, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPTING THE EAST 30.00 FEET OF SAID TRACT 11, AND ALSO LESS AND EXCEPTING THE WEST 60.00 FEET OF SAID TRACT 12. PARCEL B A PARCEL OF LAND BEING THE NORTH 30.00 FEET OF TRACT 3, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPTING THE EAST 30.00 FEET THEREOF. PARCEL C A PARCEL OF LAND BEING THE SOUTH 30.00 FEET OF TRACT 6, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPTING THE EAST 30.00 FEET THEREOF. ABBREVIATIONS: PBS — PLAT BOOK ST. LUCIE POB — POINT OF BEGINNING POC — POINT OF COMMENCEMENT I,R.F.C.W. — INDIAN RIVER FARMS WATER CONTROL DISTRICT R/W — RIGHT OF WAY THIS SKETCH OF DESORIPTION IS NOT VALID WITHOUT THE MERIDIAN LANb SURVEYORS p61 SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSE AND MAPPERNAMEDBELOW, 17177 INDIAN SUITE 201 329 AO1zWM VERO , PHOM: 772.794.1213 PAX -772-794-1096 905.COM EMAIL:INFO®ML -Eg q/2$4oz 2 BILLY M. MOODY P.S.M. #5330 PAGE 2 OF 2 106 SKF TCH OF LFCAL. DESCRIPTION EXHIBIT B GRAPHIC SCALE � 500 0 250 500 ( IN FEET ) I Inch - 50011. North is I� w ,L M W. 1/4 CORNER SEC -10 -33S -38E TRACT 6 v, TRACT 13 TRACT 14 SECTION 10 -33S -38E SECTION 10 -33S -38E SECTION 10T33S-30E (PBS 2, PG. 26) a (PBS 2, PG. 26) (PHS 2. PG. 26) SW CORNER fr SEC.10-33S-38E I TRACT UNE k 8TH STREET 1/4 SECTION LINE THE SOUTH 100.04 (60' PUBLIC R/W) -------------------------- SEC. 10 -33S -38E 127H STREET ---L 2 S. 1/4 CORNER SEC.10-33S-38E 111E BASIS OF BEARING FOR THIS SURVEY IS S89'23'82"E, 0 V ALONG THE 1/4 SECTION LINE OF SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST WZ r3 F TRACT 12 TRACT 11 SECTION 10 -33S -BBE SECTION 10 -33S -30E (PBS 2, PG. 26) (PBS 2, PG. 26) 1/4 CORNER SEC .10-33S-3BE IVI=YIIL-1;11-\Ilj® THIS SKETCH OF DESCRIPTION ARE NOT VAUD WITHOUT THE LAND SURVE=YORS SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA HEREON WHICH i TRACT 13 TRACT 14 PAGE 1 OF 2 SECTION 10 -33S -38E SECTION 10-338-38E (PBS 2, PG. 26) (PBS 2, PG. 26) SW CORNER SEC.10-33S-38E I 8TH STREET THE SOUTH 100.04 (60' PUBLIC R/W) -------------------------- ' +NOTE S. 1/4 CORNER SEC.10-33S-38E 111E BASIS OF BEARING FOR THIS SURVEY IS S89'23'82"E, ALONG THE 1/4 SECTION LINE OF SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST 1/4 CORNER SEC .10-33S-3BE IVI=YIIL-1;11-\Ilj® THIS SKETCH OF DESCRIPTION ARE NOT VAUD WITHOUT THE LAND SURVE=YORS SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA HEREON WHICH (7EjINpjAAjRIVBKBLVD,SU1TII201 VBROBBACH, R.BLV ,Suf 2 PHONE- 772-7 CH, F3 31960772-794-1096905,ATTACHED -1213 FA - REGISTERED SURVEYOR AND MAPPER NAMED SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER. BMA772-79 PAGE 1 OF 2 107 SKETCH OF LEGAL DESCRIPTION EXHIBIT B SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY » THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B.#6905 d.b,0. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 » PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BILLY M. MOODY P.S.M.if 5336 LEGAL DESCRIPTION THE EAST 30.00 FEET OF THE WEST 60.00 FEET OF TRACTS 12 AND 13, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, SAID LANDS NOW LUNG AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE SOUTH 100 FEET THEREOF. ABBREVIATIONS: PBS — PLAT BOOK ST. LUCIE POB — POINT OF BEGINNING POC — POINT OF COMMENCEMENT I.R.F.C.W. — INDIAN RIVER FARMS WATER CONTROL DISTRICT R/W — RIGHT OF WAY THIS SKETCH OF DESCRIPTION 16 NOT VALID WITHOUTTHE MERIDIAN SIONATUREANDTHE ORt01NALRAISED SEAL OFTHE FLORIDA LAND SURVEYORS LICENSED SURVEYORANDMAPPER NAMED BELOW. 1717101AN RrMBLVD, SUrM 201 61 VERO DUCH,PL. 32960 LB 86905 PHONE: 772-794-1213 FAX: 772-794-1096 WM E: INPOQTU•LE6905.COM fjJ�g/022 2 This document was prepared by and should be returned to the: Comity Attorney's Office 001 271h Street Vero Beach, FL 32960 THIS INDENTURE, made this :W -M day of December, 2022, between GO LIFE HOLDING, LLC, a Florida limited liability company, whose address is 305 Julia Street, New Smyrna Beach, Florida 32168, GRANTOR, and INDIAN RIVER COUNTY, at political subdivision of the State of Florida, whose address is 1801 27m Street, Vero Beach, FL 32960, GRANTEE, WITNESSETH THAT: GRANTOR, for and in consideration of the sum of Ten Dollars and other good and valuable 6onsideration to GRANTOR in hand paid by GRANTEE, the receipt of which Is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANT'EE'S heirs and assigns forever, the following described land situate, h*g, and being In Indian River County, Florida: See Exhibit "A" attached and Incorporated by reference herein AND GRANTOR does hereby fully warrant the title to the said land, and will defend the same against the lawful claims of all persons whomsoever, Signed in the presence of: t GO LIFE HOLDING, LLC, t� a Florida limited liability company sign: i Printed name: i _ v�+ l Ke sign: tfF, Mi .w..... j Printed ndq ame: {{ STATE OF FLORIDA 1 COUNTY OF Qr:ee& i The foregoing Instrumart was acknowledged before me, by means of 2.0 yslcalce presen { or 0 online nofat'faati , this day of December, 2022 by James W. Kem, the Manager of GQ LIFE HOLDING, LLC, a Florida limited liability company, on behalf of the company, who is { PW y knca or 13: produced idi,nt{geation in the. fam of nirnTnov ni IMI rn . .. SI<FTCH OF L CGW OCSCRIP TION EXHIBIT "B" P.O.C. SW CORNER SEC.10-33S-38E z am S.LINE OF SEC 10—T33S—R39E I Line Table N0018'49 E LENGTH BEARING — W. LINE OF SEC 10—T33S-239E 100.00' S89'31'29'E rLINE 30.00' NO'18'49"E i�107,70' , 70.00' NO'i8'49'E \ W �b 40.00' N89'31'29"W I 981H AVENUE (PUBLIC R/W WIDTH VAREIS) N0018'49 E L2 _ 18.00 — — W. LINE OF SEC 10—T33S-239E .t 589'31'29"E E. R/V! LINE 98TH AVE (60' PUBLIC R/W) i�107,70' , I \ W �b S.1/4 CORNER I I ry TRACT 13 I SECTION 10 -33S -38E \ (PBS 2, PG. 25) I . .. \ \ — — — — `1 I \ I � In M \ O \ _---------- TRACT LINE, -------- \ w \ N M M z N. R/W UNE BTH STREET 1 TRACT 14 \ SECTION 10 -33S -38E I (PBS 2, PG. 25) I PAGE 1 OF 2 110 8TH STREET (60' PUBLIC R/W) I \ S.1/4 CORNER I S00'18'40"W 941H AVENUE 30.00' (60' PUBLIC R/W) SEC.10-33S-38E I W. R/W LINE 941H AVE . .. GRAPHIC SCALE 300 — — — — — — 300 0 iso I I I *NOTE THE BASIS OF BEARING FOR THIS SURVEY IS S89'31'29"E, ALONGTHE SOUTH LINE OF SECTION 10, TOWNSHIP 33 ( IN FEET) SOUTH, RANGE 38 EAST I loeh = 30Ort. MERIDIAN LAND SURVEYOREi 2 THIS SKETCH OF DESCRIPTION ARE NOT VALID WITHOUT THE ® SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH THE END OF THE 17171NDIANRIVBRBLVD,SUTfE201 LB# VSROIANRIVFRBLVIL. 0LB1l6 SIGNATURE AND SEAL MAY BE FOUND AT ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL PHONE:772-794-1213, FAX: 94-1096 AND COMPLETE WITHOUT ONE ANOTHER. BMAIL:INFOQ1vM-LB6905.COM PAGE 1 OF 2 110 SKETCH Of- LEGA/-_ DESCRIPTION EXHIBIT "B" SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY + THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B.#6905 d.b.D. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 " PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BILLY M. MOODY P.S.M,# 5336 LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF TRACTS 13 AND 14, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, RUN S89'31'29"E, ALONG THE SOUTH LINE OF SAID SECTION 10, FOR A DISTANCE OF 100.00 FEET TO A POINT; THENCE DEPART SAID SOUTH LINE AND RUN N00'18'49"E FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 8TH STREET AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND: FROM SAID POINT OF BEGINNING, CONTINUE N00'18'49"E, FOR A DISTANCE OF 70.00 FEET TO A POINT; THENCE RUN N89'31'29"W, FOR A DISTANCE OF 40.00 FEET TO A POINT; THENCE RUN N00'18'49"E, FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE RUN S89'31'29"E, FOR A DISTANCE OF 107.70 FEET TO A POINT; THENCE RUN S76'40'13"E, FOR A DISTANCE OF 260.70 FEET TO A POINT; THENCE RUN 589'31'29"E, FOR A DISTANCE OF 2,203.93 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 94TH AVENUE;. THENCE RUN S00'18'40"W, ALONG SAID WEST RIGHT OF WAY LINE FOR A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF SAID WEST RIGHT OF WAY LINE AND THE NORTH RIGHT OF WAY LINE OF 8TH STREET; THENCE RUN N89'31'29"W, ALONG SAID NORTH RIGHT OF WAY LINE, FOR A DISTANCE OF 2,525.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 87,780.33 SQUARE/FEET OR 2.0 ACRES, MORE OR LESS. ABBREVIA11ONS: PAGE 2 OF 2 111 PBS — PLAT BOOK ST. LUCIE POB — POINT OF BEGINNING POC — POINT OF COMMENCEMENT I.R.F.C.W. — INDIAN RIVER FARMS WATER CONTROL DISTRICT R/W — RIGHT OF WAY THIS 5KETCH OF DESCRIPTION IS NOT VALID WITHOUT THE QQ MERIDIAN 0 LAND SURVEYORS SIGNATURE AND THE•OPAGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEY NO MAPPER NAMED BELOW. 1717 INDIAN RIVER BLVD, SUM! 201 / I \ VERO BEACH, FL, 32960 LBN6905 PHONE: 772-794-1213 FAX: 772-794-1096 EMAIL: IId�-LB6905.COM /��Zg/rpL Z BILLY M. MOODY PAGE 2 OF 2 111 M W W aQU O� OOaN{o� w 0@ z�zp �t� �OzoZF,73`a�i�g{� �wac� Pv zd W m W p�Wzr. Uom�J �oLLQiO�'WLLzQzoOIOFF1�i-1�t UN O 24 6 €;jDjjSsyaF g FOaO QZwO 0' C-4 NW aS Z3Woz�o w W U CD NZF �o l _N' GLL ow i N r"YNO ZQU �DILOn'��LL 6 ~ Z6 r m m �gZd oQz3°d va'olrQzucior"'� vl w m S O z O a m 'U O O O Z W O M F- C7 O M? C3 o v l-oo �LL ot�ZdzzFvFa 0 loll g l¢ p' Z m =.-'0092F. U o ri w QQ F. OQ N ¢ LLHZaZ Z a'' �Np(WjOQ aoLL Z V o kl z oc�^om u�io GS z. a< P� (n- Qs ..z a Nam a R. ON FZ� Uo�p lOip NFGDWZ Q F-� a�s�'o a FoLO) l--MOLLEl zF.iaLL o��< s .z W>>W� Epp aa��aN�= Zjol tYO tOn043 0 t''Uvr a Z ��J17 4fn QrNz� l �zw z���ornzr30 a lL� ze mo a a zaQ of Z03' vQio� c3 Coll -No ¢ zz� Q� $ ,\ O WZ(DO O WWrwLL NWF_F-F''. mWNN ~M� > A I F� K rel. z map Zwy2 Z_�j Z ZN��(wJO=2 Z pYmOu 3 �mw �V �(pwl� 7�'� a F m FJZo W "p.Z 6F -Z N QOW uO' 2 fa- 95 is ta. 5 QO �QOZ 1-- F --W UOI OU �OZgZZp O ��a Wa NOis Z JC JZU LL F -O Z ZZ m Kz O zz i R' or Er ao LLQ Nor i5 8oU l.�l;;o�zi5 ZwaW z0 OWN U aazz o W z p.aa?ry a o ogzm o� J ::E zw Lzi oa"'(m�l'i-n ZW�zom N�7 } O OWW'O�In OF F1�-i ar�CJ"4J- "I Be wW UOLLp m z Ci� NO t�t� QzZ O �¢Q Nmc.F 3 � w in xa� aN J a �?o U�Rna R a. fi7tOim0004 no a asam¢ W � 1a SAO UK HOLDING, ..LLC, a Florida limited liability company, herein after "MORTGAGOR", by Indenture of Mortgage bearing the 20th day of October, 2021, and recorded in O.R. Book 3497, Page 571, of the Public Records of Indian River County, Florida, mortgaged unto Clearloans, LLC, a Florida limited liability/ company, herein after "MORTGAGEE, the premises described, to secure the payment of the principal and interest as therein mentioned; AND WHEREAS, the MORTGAGOR has requested the MORTGAGEE to release the premises hereinafter described, being part of the mortgaged premises, from the lien and operation of the Mortgage; NOW, `fHEREFO , the MORTGAGM, in consideration of the premises and of the sum of ONE DOLLAR to it paid by the MORTGAGOR at the time of the execution hereof, the receipt whereof is hereby acknowledged, does remise, release, quitclaim, exonerate, and discharge from the lien and operation of the mortgage unto the MORTGAGOR and its heirs and assigns, all that piece, parcel, or tract of land, being a part of the premises conveyed by the mortgage, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TO HAVE AND TO HOLD the same with the appurtenances, unto the MORTGAGOR its heirs and assigns forever, free, exonerated, and discharged of and from the lien of the mortgage, and every part thereof; provided always, nevertheless, that nothing herein contained shall in anywise impair, alter, or diminish the effect, lien, or encumbrance of the mortgage on the remaining part of mortgaged premises nd hereby released therefrom, or any of the rights and remedies of the holder thereof, IN WITNESS WHEREOF, the MORTQAOMhas hereunto set its hand and seal this day of December, 2022. Signed, sealed and delivered in the presence of the following CLEARLOANS, LLC witnesses: A Florida Limited Liability C,� mpany signature: print name: William t. Cleary, Manager: 114 SKETCH OF LEGAL DESCRIPTION EXHIBIT "A" P, 0, C, 981H AVENUE SW CORNER I (PUBLIC R/W WIDTH VAREIS) SEC.10-33S-38E z 0 *1 Nk N0098 49'E L2 18.00' W. LINO OF SEC 10-T33S-R38E d S89'31'29'E E. R/W LINE 96TH AVE 107.70' 4:'i, -------------TRAq LINE -------- I N. R/W LINE 8TH STREET I II i 1 F 8TH STREET (50' PUBLIC R/W) I S.1/4 CORNER SEC.10-33S-38E I GRAPHIC SCALE X74 300 G 190 300 ' I I I 1 ( IN FEET ) I inch - 300R. MERIDIAN TRACT 14 SECTION 10 -33S -38E (PHS 2, PG. 25) SOD98'40'W 94Th AVENUE 30,00' (60 PUBLIC R/W)) W. R/W LINE 94TH AVE *NOTE THE BASIS OF BEARING FOR THIS SURVEY IS S89'31'29"E, ALONG THE SOUTH LINE OF SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST Line Table LINE LENGTH BEARING L1 100.00' 889.31'29"E L2 30.00' NO'18'49"E L3 70.00' N0'18'49"E I 40.00' N89'31'2W W N TRACT 13 g of $ O O pCTIO-pi 10 -.g35 -38E O p 0 o O O n N O m O O In m In 0o O 00 O rq O I. O (PB0 2, 26) N ,� N I•y O tj f�1 Op N YI O ri �0MIj� 'CF ppdpp� prat M m ^.fi ' tn M N 0�0 in M ren em} eF I ref• S,LINE OF � SEC 10•-T33S-R38E•—, -------------TRAq LINE -------- I N. R/W LINE 8TH STREET I II i 1 F 8TH STREET (50' PUBLIC R/W) I S.1/4 CORNER SEC.10-33S-38E I GRAPHIC SCALE X74 300 G 190 300 ' I I I 1 ( IN FEET ) I inch - 300R. MERIDIAN TRACT 14 SECTION 10 -33S -38E (PHS 2, PG. 25) SOD98'40'W 94Th AVENUE 30,00' (60 PUBLIC R/W)) W. R/W LINE 94TH AVE *NOTE THE BASIS OF BEARING FOR THIS SURVEY IS S89'31'29"E, ALONG THE SOUTH LINE OF SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST Line Table LINE LENGTH BEARING L1 100.00' 889.31'29"E L2 30.00' NO'18'49"E L3 70.00' N0'18'49"E 14 40.00' N89'31'2W W -------------TRAq LINE -------- I N. R/W LINE 8TH STREET I II i 1 F 8TH STREET (50' PUBLIC R/W) I S.1/4 CORNER SEC.10-33S-38E I GRAPHIC SCALE X74 300 G 190 300 ' I I I 1 ( IN FEET ) I inch - 300R. MERIDIAN TRACT 14 SECTION 10 -33S -38E (PHS 2, PG. 25) SOD98'40'W 94Th AVENUE 30,00' (60 PUBLIC R/W)) W. R/W LINE 94TH AVE *NOTE THE BASIS OF BEARING FOR THIS SURVEY IS S89'31'29"E, ALONG THE SOUTH LINE OF SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST 116 8 THIS SKETCH OF DESCRIPTION ARE NOT VALID WITHOUT THE LAND SURVEYORS SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA 1717 WAIATI RIVER BLVD, SUITE 201 /jIR\ ® REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH VERO BEACH, FL. 32960 LBH6905 PHONE. 772794-1213 PAX,772-7941096 13MAIL;INPO(a�M{S-LB6905.00M SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER. PAGE 1 OF 2 116 SKETCH OF LEGAL DESCRIPTION EXHIBIT "A" SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY k THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B.#6905 d.b.a. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 • PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BILLY M. MOODY P.S.M.# 5336 LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF TRACTS 13 AND 14, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, RUN S89'31'29"E, ALONG THE SOUTH LINE OF SAID SECTION 10, FOR A DISTANCE OF 100.00 FEET TO A POINT; THENCE DEPART SAID SOUTH LINE AND RUN N00'18'49"E FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 8TH STREET AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND: FROM SAID POINT OF BEGINNING, CONTINUE NOO'18'49"E, FOR A DISTANCE OF 70.00 FEET TO A POINT; THENCE RUN N89'31'29"W, FOR A DISTANCE OF 40.00 FEET TO A POINT, THENCE RUN NOO'18'49"E, FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE RUN S89'31'29"E, FOR A DISTANCE OF 107.70 FEET TO A POINT; THENCE RUN S76'40'13"E, FOR A DISTANCE OF 260.70 FEET TO A POINT; THENCE RUN S89'31'29"E, FOR A DISTANCE OF 2,203.93 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 94TH AVENUE; THENCE RUN S00'18'40"W, ALONG SAID WEST RIGHT OF WAY LINE FOR A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF SAID WEST RIGHT OF WAY LINE AND THE NORTH RIGHT OF WAY LINE OF 8TH STREET; THENCE RUN N89'31'29"W, ALONG SAID NORTH RIGHT OF WAY LINE, FOR A DISTANCE OF 2,525.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS APPROXIMATELY 87,780.33 SQUARE/FEET OR 2.0 ACRES, MORE OR LESS. ABBREVIATIONS: PBS - PLAT BOOK ST. LUCIE POB — POINT OF BEGINNING POC — POINT OF COMMENCEMENT I.R.F.C.W. — INDIAN RIVER FARMS WATER CONTROL DISTRICT R/W — RIGHT OF WAY MERIDIAN THIS SKITC, I OF 8 NOT VALIDWITHOUT111F 8 LAND SURVEYORS ® SIONATUREAND TDHE ORIGINESCRIPTIOALIRAISED SEAL OF THEFLORIDA LICENSED SURVEYOR AND MAPPER NAMED BELOW. / I \ 1717 II DWI RIVBR BLVD, SUM 201 VERO BEACH, FL, 32960 LBN69D5 PH0NH:1 2-794 1213 FAX:772-794-1096 EMAE,; INFO a(j� 1� S-LB6905.COM/--Z— /i//4 20 2z PAUL L Ur 1 �`� 117 JOSEPH W. SCHULKE, P.E.71 �. JODAH B. BITTLE, P.E. WILLIAM P. STODDARD, Ph.D., P.E. October 20, 2021 Richard Szpyrka, P.E. Public Works Department Indian River County 1801 27th Street, Building A Vero Beach, FL 32960 Re: Application for the Release of a Road Reservation Venetian Grove Section 10, Township 33S, Range 38E Indian River County Dear Mr. Szpyrka, Attached please find a copy of our letter and attachments submitted to the FDOT, including a letter of transmittal and an "Application for Release of Reservations Board of Trustees of the Internal Improvement "frust Fund of the State of Florida." This is being provided to you for your information only and does not require any action by you. However, at a later date, the original document will be forwarded to you from the FDOT and will require your review and execution. The amount of the reservation we propose to be released is as follows: • Parcel A (South side of 1211 Street) — 40 feet • Parcel B (North side of 12th Street) — 70 feet • Parcel C (West side of 94th Avenue) —70 feet • Parcel D (South side of 16th Street) —70 feet If you have any questions or required additional information, please do not hesitate to contact me. Siodprely, JodahBittle, P.E. cc: Go Life Holding, LLC PJECENEW. IT17INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 I aim TEL.M/ 770-9622 FAx 772 / 770-9496 EMAIL info@sbsengineers.com Certification of Authorization No: 00008668' JOSEPH W. SCHULKE, P.E. Sckmr- Bi 1 I E DDM" r% LLG* JODAH B. BITTLE, P.E. WILLIAM R STODDARD, Ph.D., RE. GIME & S7Rtlb`t"UM Ei r it lV ill? PtANIY/1�G 0196 1040 0110 P~77 Wob" 20, 2029 Florida Department of Transportation Fourth District — Right of Way Mapping Attn: Amelia Rodriguez — Alers 3400 West Commercial Boulevard Ft. Lauderdale, FI 33309 Re: Application for the Release of a Road Reservation Venetian Grove Section 10, Township 33S, Range 38E Indian River County Dear Ms. Alers, Attached please find an "Application for the Release of Reservations Board of Trustee of the Internal Improvement Fund of the State of Florida." This application is for the release of the Murphy road reservation encumbering the above referenced property. The procedure is to submit this application to the FDOT. (4111 District). The FDOT completes the applicable section(s) on pg. 4 and sends the application to the local Indian River County Public Works Department. For your convenience, we have included an envelope addressed to Indian River County. The amount of the reservation we propose to be released is as follows: • Parcel A (South side of 12th Street) — 40 feet • Parcel B (North side of 1211 Street) — 70 feet • Parcel C (West side of 94th Avenue) — 70 feet • Parcel D (South side of 16th Street) — 70 feet Please process this application at your earliest convenience. If you have any questions or require additional information, please do not hesitate to call. in rely, Bit#te, P.E. IGo Life Holding, LLC . . . REC Jr E.' .: 1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 FAx 772 / 770-9496 EMAIL info@sbsengineers.com Certification of Authorization No: 00008668 ..: (Revised/2012) APP-REJ APPLICATION FOR RELEASE OF RESERVATIONS BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA This application is to be used in order to apply for release of canal reservations, road right-of-way reservations or the release of right -of -entry and exploration for oil and mineral reservations, which are reserved in favor of either the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Board of Trustees) . All applications must be submitted to the following street address: DEPARTMENT ENVIRONMENTAL PROTECTION, DIVISION OF STATE LANDS, BUREAU OF PUBLIC LAND ADMINISTRATION, 3800 COMMONWEALTH BOULEVARD, TALLAHASSEE, FLORIDA 32399-3000, OR via email to Uniand.Annlicationsnden.state.R.us, OR DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF STATE LANDS BUREAU OF PUBLIC LAND ADMINISTRATION POST OFFICE BOX 3070 TALLAHASSEE, FLORIDA 32315-3070 If you are applying for release of canal reservations, road right-of-way reservations or the release of right -of -entry and exploration for oil and mineral reservations, which are reserved in favor of the State Board of Education, all applications must be submitted to the following address: FLORIDA DEPARTMENT OF EDUCATION OFFICE OF GENERAL COUNSEL 325 WEST GAINES STREET SUITE 1244 TALLAHASSEE, FLORIDA 32399-0400 ATTENTION: MR. STEPHEN FERST If you have any questions, after reading this application form, please call (850) 245-2720 for assistance. PART I: RESPOND TO ITEMS I THROUGH 6 IN THEIR ENTIRETY 1. TYPE OF RELEASE REQUESTED: Oil and mineral reservation (Right -of -Entry and Exploration only) X Road right-of-way reservation _ Canal reservation Corrective (Corrective releases will be processed as original applications unless an error was made by the Department.) 2. INFORMATION FROM THE ORIGINAL DEED CONTAINING THE RESERVATION: Original Deed Number(s) Original Grantee Date of Original Deed January19. 1944 Deed Book 35, Pane 357 3. Present Owner of Record of Subject Property: Go Life Holdinq, LLC 4. Represented by: James W. Kem, MGR Address: 305 Julia St. Phone: 386-888-7337 New Smyrna Beach, FL 32168 5. The subject property is located in: (PLEASE SUBMIT THIS INFORMAT10AI Indian Rivet County; Section 10 , Township 33 . Range 38 . Acreage (for oll/mineral) 6. Each application must contain the following: A. A legible copy of the original deed containing the reservation. b. A legible copy of present owner deed. c- A current survey and a legal description of the subject property, including the Section, Township, and Range. (If applying for an oillindneral release, the legal description must contain acreage of tract.) 2 Revised 08/21/12 120 d. A recommendation by the appropriate agency for a canal or road right-of-way release or special requirements for release of right -of -entry for oil/mineral reservation: (1) When requesting the release of the right -of -entry for oiUmInc ral reservation, (refer to Part// on page 4 for Instructions.) (2) When requesting the release of a road right-of-way reservation, a recommendation from the appropriate Department of Transportation District office, and/or County Public Works Department (refer to Part ll! on pages 4 and S). (3) When requesting the release of a canal resemallon, a recommendation from the appropriate Water Management District (refer to Pan' IV on pages S and 6). e. An application fee (non-refundable) in the form of a check in the amount of 5300 per release requested made payable to the Department of Environmental Protection. Note: Please write "Release of Reservation" on the front of the check. f. An application fees required for reactivation of an application. g. Satisfactory evidence certifying that the applicant is the legal record owner of the subject land. Paragraph 18-2.017(53), Florida Administrative Code, defines satisfactory evidence of title to mean a current title insurance policy, current title binder, or title commitment issued by a title insurance company authorized to do business in the State of Florida or an opinion of title prepared by a member of The Florida Bar covering title to the land described below. "Current" means no more than six months old. h. Notarized signature of present owner(s) of record. CERTIFICATE DF TlTLF. (PLEASE COMPLETF. IN FULL, INCLUDINGL ECC L DESCRIPTIONAND DATE) This is to advise that I am a member in good standing of The Florida Bar and that I have examined the public records, abstracts of title, title insurance policy, title insurance binder, or commitment relating to the title to the following described real property lying and being in County, Florida, to -wit: and based, upon said examination, 1 certify that as of (current date), title to the afore described real property is vested in: Print Name ifs _ Florida Bar NumbW SIGNATURE (S) OF PRESENT OWNER (S) OF RECORD JIM*LIFE (�D1N!— LLC_ ;,�the present owner(sjit! .. I'riu! nr Type in rlaalJifiilpteby request a release of reservation on the above -referenced property. STATE OF FLORIDA COUNTY OF ValUSia Subscribed and Sworn to before me this a day or 0dobr--i'- 20al_ " Signal present owner record CSignature of present owner of record Nota , Public Sent) Nly Commission Expires: ignature of present owner of record YP t b�blic SUMMydl<lt MRevised 0B/21/12 �EEvites 11TH X16= . PART//; INSTRUCTIONS AND INFORMATION REQUIRED TO APPLY FOR A RELEASE OF RIGHT -OF - ENTRY AND EXPLORATION FOR AN OIL AND MINERAL RESERVATION DO NOT SUBMIT AN APPLICATION TO THE BOARD OF TRUSTEES WHEN REQUESTING THE RELEASE OF RICHT-OF-ENTRY AND EXPLORATION FOR AN OIL AND MINERAL RESERVATION ON PARCELS ANDER TWENTY ACRES (20) IN SIZE, THE RIGHT -OF -ENTRY AND EXPLORATION FOR OIL AND MINERAL RESERVATIONS ON PARCELS j ,NDF.R TWENTY ACRES (20) IN SIZE HAS BEEN RELEASED PURSUANT TO SECTION 270.11, FLORIDA STATUTES, IN ORDER TO QUALIFY FOR A RELEASE OF THE RIGHT -OF -ENTRY AND EXPLORATION FOR AN OIL AND MINERAL RESERVATION ON PARCELS TWENTY ACRES (20) OR GREATER 1N SIZE, THE DEVELOPER MUST SUBMIT AN AFFIDAVIT CERTIFYING THAT EACH PARCEL WILL BE A PERMANENT BUILDING SITE, WHAT WILL BE BUILT, DATE OF CONSTRUCTION PROPOSED AND THE LAND USE WILL NOT INVOLVE PHOSPHATE MINERAL, METAL OR PETROLEUM EXTRACTION, AS SET FORTH IN PARAGRAPH 18-2.018(3)(E)(2), FLORIDA ADMINISTRATION CODE. PART/11. INSTRUCTIONS TO APPLY FOR THE RELEASE OF A ROAD RESERVATION Submit the completed application along with all exhibits pertaining to the road right-of-way reservation, Including a plat, sketch, or survey of the land proposed for release and a copy of Murphy Act deed containing road reservation directly to the Appropriate district office of the Florida Department of Transportation (FDOT) listed below. DODO NOT send $300 check to FDOT. The district office will determine whether the subject road right-of-way reservation is valid and make its recommendation as to whether the road right-of-way reservation or any part thereof should be released. The application will not be considered without a recommendation from the Department of Transportation. D • ARTil fENTOFT ANSPORTATID;\'D/,STRICTS FIRST DISTRICT - Post Office Box 1249, Bartow, Florida 33830 Ann: Right -of -Way 1.800-292.3368 Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands, IAe, Manalm OkeechobeA Polk, and Sarasota Counties SECOND. DISTRICT - 1109 South Marion Avenues Mail Station 1020. Lake City, Florida 32025-5874 Atm: Rfght-of-Wev 1386) 961-7476 OR 1-800.749-2967 Alachua, Baker, Bradford, Clay, Columbia, Diaie, Duval, Gilchrist, Hamilton, Lafayette. Levy, Madison, Nassau, Putnam, S(. Johns, Suwannee, Taylor, and Union Counties THIRD DISTRICT - Post Officell- 607, Chiole,', Florida 32428 Attn: Right -9f -Way 050) 638-0250 Day, Calhuuu, Ewannbia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Okalooss, Santa Rosa, Wakulls, Walton,and Washington Counties FOURTH DISTRICT - 3400 West Commercial Iloulevard, Ft. Lauderdale, Florid, 33309 Attn; Manning l-866-336-8435,19541777.4550 Broward, Indian River,Martin, Palm Beach, and St. Lucie Counties FIFTII DISTRICT - 719 South Woadlend Boul"ited. Deland, Florida 32720 Attn: Rieht-of-WRY (3861943.5000 Brevard, Citrus, Flagler, Lake, Marion, Orange, Osceola, Seminole,Surnur, and Volusia Counties SIXTH DISTRICT - IDN Northwest 11 lth Avenue, Miami, Florida 33172 Atin: Right -of -WRY (305) 470.5185 Dade and Monroe Counties SEVENTH DISTRICT - 11201 North Malcolm McKinley Drive, Tampa, Florida 33612 Attn! Property M1lannerment(8131975fi020 Hernando,Hillsborough,Pasco,and Pinellas Counties FDOT DISTRICT OFFICE: Please refer to ALL roads adjacent to property and complete either a or b: a. ( )" The District Office of the Florida Department of Transportation certifies that State Road N also known as , DID exist on the date of the deed ( / / ) in which the reservation was made and it recommends to the Board of Trustees one of the following: (1) ( ) Retain ALL of the reservation, since It Is presently a State Road and we will need 100 feet from the centerline of S.R. _ for road improvement; or (2) ( ) Retain ,! feet from the centerline of S.R. also known as , since it is presently a State Road; or (3) ( ) That this request is being forwarded to the applicable county or city for their recommendation, since former S.R. is now under their jurisdiction. Is. ( )" The District Office or the Florida Department of Transportation certifies that its records reflect that a state road DID NOT exist on the date of the old deed affecting the subject property and that a full release of reservation should be given. However, this application will be forwarded to the applicable county public works department for a final determination as to the validity of the reservation. By: Title: Dale: Signature (FDOT official) 4 Revised 08/21/12 122 "The FDOT I)Wrict Office Ls to forward this application to the county or city authorityfor its review and concurrence with this recommendation ])when the road Ls now under county or city jurlsdiction or 1) when FDOT states that a state road did NOT exist and we then ask jor county or city's verification o%validity. C011NTY OR CITY PUBLIC WORKS DEPT: Please complete either a or b: a. ( ) The (governmental authority) certifies that a state road DID exist on the date of the deed( / ! ) in which the reservation was made and It recommends to the Board of Trustees one of the following; (1) Retain ALL of the reservation, since It is presently a (county/clty) road and we will need 100 feet from the centerline of , also known as for road improvement; or (2) Retain feet from the centerline of also known as which is presently a (county/city) road. b. ( ) The (governmental authority) certifies that Its records reflect that a state road DID NOT exists on the date of the old deed affecting the subject property and that a full release of reservation should be given. By: Title: Date: Signature (county or city ojflclat) NOTE. The local governmental authority should return this application with its recommendation to the applicant so that the applicant may decide whether to apply to the Board ojTrusteesjor a release of reservation. PART IV. INSTRUCTIONS AND INFORMATION REQUIRED TO APPLY FOR THE RELEASE OF A CANAL RESERVATION EVERGLADES DRAINAGE DISTRICT DEEDS D(j NOT S(/BMIT AN APPLICAT/nN TO THE BOARD OF TRUSTEES WHEN REQUESTING THE RELEASE OF A CANAL RESERVATION CONTAINED IN AN EVERGLADES DRAINAGE DISTRICT DEED IF DEEDS STATES CHAPTER 6456, 6957, 14717, OR 20658, LAWS OF FLORIDA IN FIRST PARAGRAPH. SUBMIT REQUESTS TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, POST OFFICE BOX 24680, WEST PALM BEACH, FLORIDA 33416-4680 AND. THE EVERGLADES DRAINAGE DISTRICT WILL ISSUE RELEASE OF RESERVATION. ALL OTHER DEEDS SUBMIT ALL OTHER REQUESTS FOR THE RELEASE OF A CANAL RESERVATION ALONG WITH ALL EXHIBITS PERTAINING TO THE CANAL RESERVATION AND THE COMPLETED APPLICATION DIRECTLY TO THE APPROPRIATE WATER MANAGEMENT DISTRICT OFFICE LISTED BELOW. DO NOT SEND DEP CHECK TO WATER MANAGEMENT DISTRICT THE WATER MANAGEMENT DISTRICT WILL DETERMINE WHETHER THE RESERVATION OR ANY PART THEREOF SHOULD BE RELEASED. THE APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION WILL NOT BE CONSIDERED WITHOUT A RECOMMENDATION FROM THE APPROPRIATE WATER MANAGEMENT DISTRICT. NORTHWEST FLORIDA - Route 1. Bax 3100, Havana, Florida 32333 (8501539-5999 Attn: Land Management and Aroukitinn; Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Leon, Liberty, Okaloosa, Santa Rosa, Wakulla, Walton, Washington. SUWANNEE RIVER - Route 3. Box 64, Live Oak. Florida 32060 t904) 362-1001 Attw Land A a dsition and Management; Alachua (part), Baker (part), Bradford, Columbia, Dixie, Gilchrist, Hamilton, Jefferson, Lafayette, Levy, Madison, Suwannee, Taylor, Union. ST. JOHNS RIVER - 4049 Reid Street. Palatka, Florida 32177-1429 f3861-329-4500 Attn: Department of Land Act isii tion; Alachua (part), Baker (part), Brevard, Clay, Duval, Flagler, Indian River, Lake, Marion (part), Nassau, Okeechobee (pari), Orange (part), Osceola (part), Putnam, Seminole, St. Johns, Volusia, SOUTHWEST FLORIDA - 2379 Broad Street. Brooksville, Flnrida 34609-6899 (3521796-7211.1-800-423-1476 Attn: I and Resources Denartment; Charlotte (part), Citrus, DeSoto, Hardee, Hernando, Hillsborough, Levy, Ahetla, Marion (part), Pasco, Pinellas, Polk (part), Sarasota, Sumter. SOUTH FLORIDA - Post Office Box 24680, West Palm Reach. Florida 33416-468015611 686-8800, 1-800.432-2045(ext 68361 Attn: Real Estate DiviAnn; Broward, Charlotte (part), Collier, Dade, Glades, Hendry, Highlands, Lee, Martin, Monroe, Okeechobee (part), Orange (part), Osceola (part), Palm Beach, St. Lucie (CALL SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR APPLICA TION AND FEE) The Water Management District Office hereby Revised 08/21/12 123 a. objects to the release of any portion oft lie canal reservation for the following reason b. objects only to the release of the following portion of the canal reservation: C. has no objection to the release of the entire canal reservation for the following reason: By: Title: Date: (Prhu Name) Agency: Signature NOTE: The Water Management Dktrict Offlee should return this application with Its recommendation to the applicant so that the applicant may decide whether to apply jar a release ojreservation from the Department ojEnvironmental I'Miection. Attachment No. 1 Original Deed Containing the Reservation Deed No. 364 e I 11 /32582 COUNTY OP Igd is n_ River_ -__DEED NO.384_______ STATE OF FLORIDA through the TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, GRANTOR to (1)___________________lndian Rv_ar Farms Drainage._Diat.l_____-_.________ --------------------------------- of the City____ Vero_13eeohf---------- County of__=I!dian River - state of_Florid®___ GRANTEE WITNESSETH; WHEREAS, in pursuance of provisions of Section 0 of Chapter 18296, Laws of Florida, Acts of 1937, title to the lands hereinafter described vested in the State of Florida and the said State by said Section of said Chapter Is authorized and empowered to sell said lands through the Trustees of the Internal Improvement Fund of the State of Florida; and (2) WHEREAS, pursuant to NOTICE duly given by said Trustees of the Internal Improvement Fund, the land referred to by the Certificate hereinafter described was offered for sale on the__ ---------- day of__I9_V'_________________, 194-A-, in the County of _Indian Rigor _ and bids were received, and the said Trustees having accepted the highest and beat bid for said land, and having awarded the gale of the said land to the person making such bid, said person being the GRANTEE herein named; Therefore, (6) KNOW ALL MEN BY THESE PRESENTS: That the State of Florida, through the Trustees of the Internal Improvement Fund of the State of Florida, under authority of Section 9 of Chapter 18298, Laws of Florida, Acts of 1987, for and In consideration of res Hundr d 81xt six 25 100_______________________________ DOLLARS. (S 348_ ------) the amount of T� ______ �_______Y _---_.+k --- -- 9�¢ to them in hand paid, the receipt of which is hereby acknowledged, have granted bargained and*sold, and by these presents do grant, bargain, Ball and convey all of the right, title and interest of the State of iPlorida arising out of said Section 9 of Chapter 18298, unto the said GRANTEE,its___ -Ig, successors and assigns, in and to the following described land, situate, lying and being In the County of__TMA1An_2iNAr___, State of Florida, as referred to. Identified and described by State and County tax sale certificates, to -wit: (4) No. Date DESCRIPTION . , Amount -Bac. Tp. Rg. Ac. � Reed E 1477 7/4/27 7029 9/4/33 Wk of E} of SE} of NW}, 251. 33 39 36.00 1492 6/1/31 7069 9/4/33 S. 5 A. of Tract 4, 27 33 39 16.25 1496 9/5/29 3295 9/4/33 E. 10 A. of W. 20 A. of Tract 2 7 32 39 32.50 552 7/5/26 4682 9/4/33 Tracts 2 to 7 inc. & 9 to 15 inc., 10 33 38 261.50 946 6/1/31 4683 9/4/33 Tract 16, 10 33 38 20.00 _ ' 66. RESERVING unto the State of Florida easement for State Road Right of Way Two Hundred (200) feet wide, lying equally on each aide of the center line of any State Road existing on the date of this deed through so much of any parcel herein described as Is within One Hundred (100) feet of said center line. (6) TO HAVE AND TO HOLD the above granted and described premises unto the said GRANTEE, and __its__-_ he4m, successors and assigns forever, all in pursuance of Section 9 of Chapter 18296 aforesaid. (6) IN TESTIMONY WHEREOF the said Trustees of the Internal Improvement Fund of the State of Florida have hereunto Bub• scribed their names, and affixed the official seal of said Trustees, and have caused the seal of the Department of Agriculture of the State of Florida to be hereunto affixed, at the Capitol, in the City of Tallahassee, on this the --------- —__------- day of --- Jan 19 - 1844 .. .. 126 STATE OF FLORIDA .. BY: ... .. .. (SEAL) INTERNAL 9 eseard L. HO�Zpt ii_ RPROVEH IMPROVEMENT FUND _ ____ __GOVERNOR - - -- (HEAL) ' (SEAL) J :'Me_ 7_COMPTROLLSR (SEAL) S. Edwin Larson TR&ASUAER (SEAL) J__. _Tom Vlate_OL ___ (SEAL) (SEAL ' ATTORNEY Nathan _ GENERAL - (SEAL)DA BEL AGRIOULTURE CoArSSION ' URE A. and Competing the TRUSTEES OF THE INTERNAL IIIPROVEh[FNT FUND OF THE STATE OF FLORIDA. I hereby certify that the above and foregoing Is a true and correct copy of the original as filed for record this the____—lml----- ----- — 4.7 of _� Febrnflr----------- A. D. 19_44. .. _H9FCEA_-------- ________________________ Clerk Cir C t _II1S)iR21_I(i YBC ounty. C � `Hr — �-�•?__-----" Deputy Clerk. _ - 126 127 128 SKETCH OF LEGAL DESCRIP TION EXHIBIT "A" SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B.#6905 d.b.o. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 * PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: BILLY M. MOODY P.S.M.# 5336 LEGAL DESCRIPTION PARCEL A A PARCEL OF LAND BEING THE SOUTH 40 FEET OF THE NORTH 100 FEET OF TRACTS 11 AND 12, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL B A PARCEL OF LAND BEING THE NORTH 70 FEET OF THE SOUTH 100 FEET OF TRACT 6, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA PARCEL C A PARCEL OF LAND BEING THE WEST 70 FEET OF THE EAST 100 FEET OF TRACTS 3 AND 6, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL D A PARCEL OF LAND BEING THE SOUTH 70 FEET OF THE NORTH 100 FEET OF TRACT 3, SECTION 10, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. ABBREVIATIONS: PBS — PLAT BOOK ST. LUCIE I.R.F.C.W. — INDIAN RIVER FARMS WATER CONTROL DISTRICT R/W — RIGHT OF WAY THIS SKET,CIi„FT d IW,[0 .ISNOT. VAUDWITHOUT THE SIGNA'1'UFAj Qt�,i11�L91SED SEAL OF THE FLORIDA PEAL El $ R� '0 1P Ek NAMED BELOW. 0�ZDZI BILLY M.MDa(`-"j�� - P.S.M. #5336 "��r PAGE 2 OF 2 129 MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-7941213, FAX: 772-794-1096 EMAIL: INFO@MLS-LB6905.COM THIS SKET,CIi„FT d IW,[0 .ISNOT. VAUDWITHOUT THE SIGNA'1'UFAj Qt�,i11�L91SED SEAL OF THE FLORIDA PEAL El $ R� '0 1P Ek NAMED BELOW. 0�ZDZI BILLY M.MDa(`-"j�� - P.S.M. #5336 "��r PAGE 2 OF 2 129 130 8/10/2021 Landmark Web Official Records Search 3120210054839 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3449 PG: 1230,8/2/20219:13 AM D DOCTAX PD $42,000.00 Prey. Recogd u tLd Return to: Stroock & Stroock & Luvan LLP 200 South Biscayne Boulevard, Suite 3100 Miami, Florida 33131 Attention: Ronald A. Kriss. Esq. L'a�u�ILb�r� 33-38-10-00001-0110-00001/0 SPECIAL WARRANTY DEED THIS SPECIAL WARRAN'T'Y DEED dated July Zl 2021, by TERRAPIN PARTNERS, LLC, a Florida limited liability company, having its address at P.O. Box 715, 914 Hartford Turnpike, Waterford, CT 063$5 ("Grantor") to GO LIFE HOLDING LLC, a Florida limited liability company ("Grantee"), having its address at 2100 Hollywood Boulevard, Hollywood, FL 33020. WITNESSETH that Grantor, for and in consideration of the sum of Ten and no/100ths Dollars ($10.00), and other good and valuable considerations, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, conveys and confirms unto the Grantee, all of that certain land situate in Indian River County, Florida, described as: Parcel 1: The South 1/2 of Tract 11, Section 10.'rownship 33 South, Range 38 Bast, according to the last general Plat of lands of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25, suid lands now lying and being in Indian River County, Florida. Parcel I k The North 1/2 of Tract 11, Section 10, Township 33 South, Runge 38 East, according to the last general Plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. lAicic County, Florida, recorded in Plat Book 2, at Page 25, said lands now lying and being in Indian River County, Florida. Parcel III: All of Tract 12 and the West l/2 of Tract 13, Section 10, Township 33 South, Range 38 Ewa, according to the last general Plat of lands of Indian River Fartns Compauy filed in the Office of the Clcrk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. UZ120i The East 1/2 of Tract 13. Section 10, Township 33 South, Range 38 East, according to the last general plat of land of Indian River Fartns Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25: said lands now lying and being in Indian River County. Florida. Parcel IV: https:llori.indian-river.org/search/Index?theme=.blue&section-searchCdtedaName&quickSearchSelection=# 131 1/3 8/1012021 BK: 3449 PG: 1231 Landmark Web Official Records Search The West 10 acres of the East 1/2 of Tract 14 and the West Y2 of Tract 14. Section 10. Township 33 Soulh.. Range 38 Bast, according to the last general plat of lands of Indian River Farms Company filed in the Office of the Clcrk of'thc Circuit Court of St Lucic County, Florida, recorded in plat Book 2, at Pagc 25; said lands now lying and being in Indian River County, Florida. AND The hast 1/2 orTract 14, LESS the West 10 acres thereof. Section 10, Township 33 South. Range 38 East, according to the last general plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County. Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. Parcel V.- The : The North 1/2 of the following described property: Tracts 3 and 6. Section 10, Township 33 South, Range 39 Bast, according to the last general plat of lands of Indian River Fanns Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida, together with an Easement for ingress and egivss over the Westerly 20 feet of the South 1/2 of the following described property. Tracts 3 and 6, Section 10, Township 33 South, Range 38 East. according to the last general Plat of lands of Indian River Fanns Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. Parcel Vi: The South 1/2 of the following described property: Tracts 3 and 6, Section 10. Township 33 South, Range 38 Last, according to the last general Plat of land of iridian Ri4,:r Farms Company tiled in the Office oftbc Clcrk ofthe Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County. Florida. Subject to: 1. Taxes for the year 2021 and subsequent years, which are not yet due and payable. 2. Applicable zoning ordinances. 3. Conditions, limitations, restrictions, and easements of record, provided, however that this shall not serve to re -impose same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple, and that Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said lana and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other. htips:llori.indlan-river.org/searcMndex?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 132 2/3 8/10/2021 BK: 3449 PG: 1232 Landmark Web Official Records Search IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed as of the day and year first above written. Signed, sealed and delivered in the presence of -.,,,7 TERRAPIN PARTNERS, LLC, a Florida limited liability company Print Name: nuc' _ By: (SEAL) Print amc:l l.t._ �� Paul elowitz. Co -Manager STATE OFFAT MA MARTINEZ HERNANDEZ )ss: NOTARY PUBLIC - STATE OF COLORA00 COUNTY OF EQNOTARY 10 20`184045969 VV MY COMMISSION EXPIRES JAN 11, 2023 The foregoing instr unent was acknowledged befilre me by means of C9 physical presence or O online notarization this ?t*�Zay of July, 2021, by Paul Shelowitz, Co-Mana.Ller of TERRAPIN PARTNERS, ILC, a Florida limited liability company, on behalf of the company. He is personally known to me or has producedd0U�aSkn1C1;Iz— , as identification. .4� N n Public My Commission Expires jxlw.() 1�c(rya: https:llori.Indian-river.org/searchriindex?theme=.blue&section=searchCriteriaName&qulckSearchSelection=# 133 3/3 Attachment No. 4 Title Insurance Policy 134 Fidelity National Title lestinnce Compadv Policy No.: 98949-1-CL 19 223-2021.8230609-224582651 OWNER'S POLICY OF TITLE INSURANCE Issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida corporation, (the "Company") Insures as of Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect In or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (1) forgery, fraud, undue influence, duress, incompetency, Incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (ill) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments Imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. S. The violation or enforcement of any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting foiththe violation or Intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice, 7. The exercise of the rights of eminent domain If a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance In whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown In Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state Insolvency, or similar creditors' rights laws; or 8230609 ALTA Owners Policy 06/17/06 w -FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members In good standing as of the date of use All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 6 135 (b) because the instrument of transfer vesting Title as shown In Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of Its recording In the Public Records (1) to be timely, or (11) to Impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect In or lien or encumbrance on the Title or other matter included In Covered Risks 1 through 9 that has been created or attached or has been filed or recorded In the Public Records subsequent to Date of Policy and prior to the recording of the deed or other Instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by Its duly authorized officers. FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: Authorized fficer or Agent �o�� "WAM411" By. .� 117Le ro,� Alex D. Sirulnik PA°`�4pORvr y o '��� Randy R. Quirk 2199 Ponce De Leon Blvd Ste 301 a c Coral Gables, FL 33134 ? SIAL la President Tel:305-443-7211 Fax:305-723-5808 °aq,4uuival Attest: Marjorie Nemzura Secretary 8230609 ALTA Owners Policy 06/17/06 w -FL Mod -306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) Is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ` All other uses are prohibited. Reprinted under license from the American Land Title Association, Page 2 of 6 136 0 Fidelity National Title Insurance Conapatty POLICY OF TITLE INSURANCE SCHEDULE Fidelity National Title Insurance Company Alex D. Sirulnik, P.A. 2199 Ponce de Leon Blvd., Suite 301 Coral Gables, FL 33134 Policy Number: 8230609-224582651 Address Reference: 12th Street Vero Beach, FL 32966 Indian River County 1180 98th Ave Vero Beach, FL 32966 Indian River County 8th Street Vero Beach, FL 32966 Indian River County (for informational purposes only) Date of Policy: August 02, 2021 at 9:13 AM 1. Name of Insured: Go Life Holding, LLC, a Florida limited liability company 2. The estate or interest in the Land that is Insured by this policy is: Fee Simple and Easement 3. Title is vested In: Order Number: 7859946 Customer Reference: CL 19 223 Amount of Insurance: $6,000,000.00 Premium: $17,325.00 Go Life Holding, LLC, a Florida limited liability company, by virtue of that certain Warranty Deed dated July 29, 2021, recorded August 2, 2021, as in Official Records Book 3449, Page 1230 of the Public Records of Indian River County, Florida 4. The land referred to in this policy is described In Exhibit "A" attached hereto and made part hereof. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED ALTA Owner's Policy (6/17/0( 2730609 1 of 5 (with Florida. Modification; Copyright American Land Title Association. All rights reserved. i!; s!! The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. '.1 11 All other uses are prohibited. Reprinted under license from the American Land Title Association. ALIL 137 Policy No.: 8230609-224582651 ffi Fidelity National nsurance Can an Order 7859946 a ry Ntil Title IP Y Customer Reference: CL 19 223 EXHIBIT "A" Parcel I: The South 1/2 of Tract 11, Section 10, Township 33 South, Range 38 East, according to the last general Plat of lands of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25, said lands now lying and being in Indian River County, Florida. Parcel II: The North 1/2 of Tract 11, Section 10, Township 33 South, Range 38 East, according to the last general Plat of lands of Indian River Farms Company filed In the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25, said lands now lying and being in Indian River County, Florida. Parcel III: All of Tract 12 and the West 1/2 of Tract 13, Section 10, Township 33 South, Range 38 East, according to the last general Plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. AND The East 1/2 of Tract 13, Section 10, Township 33 South, Range 38 East, according to the last general plat of land of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. Parcel IV: The West 10 acres of the East 1/2 of Tract 14 and the West 1/2 of Tract 14, Section 10, Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. AND The East 1/2 of Tract 14, LESS the West 10 acres thereof, Section 10, Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 138 Policy No.: 8230609-224582651 Fideli National 7Ytle Insurance Com an Order No.: 7859946 l� .y Customer Reference: CL 19 223 EXHIBIT "A" Parcel V: The North 1/2 of the following described property: Tracts 3 and 6, Section 10, Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being In Indian River County, Florida, together with an Easement for Ingress and egress over the Westerly 20 feet of the South 1/2 of the following described property: Tracts 3 and 6, Section 10, Township 33 South, Range 38 East, according to the last general Plat of lands of Indian River Farms Company filed In the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded In Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. Parcel VI: The South 1/2 of the following described property: Tracts 3 and 6, Section 10, Township 33 South, Range 38 East, according to the last general Plat of land of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. ALTA Owner's Policy 3 of 5 Copyright American Land Title Association. All rights reserved. The use of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 139 Policy No.: 8230609-224582651 No.: 759946 s ,Fidelity National Title Insurance Company Customer Re errence: CL19 223 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Taxes and assessments for the year 2021 and subsequent years, which are not yet due and payable. 2. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 3. Reservations in favor of the State of Florida In T.I.I.F. Deed recorded February 10, 1944, In Deed Book 35, Page 357; as affected by Qult-Claim Deed recorded October 29, 1986, in Book 750, Page 1204, of the .Public Records of Indian River County, Florida. (as to Tracts 3, 6, 11, 12, 13 and 14) 4. Reservations in favor of Indian River Farms Drainage District in Special Warranty Deed recorded June 23, 1952, in Deed Book 74, Page 257, of the Public Records of Indian River County, Florida, (as to Tracts 11, 12, 13 and 14) 5. Reservations In favor of Indian River Farms Drainage District in Special Warranty Deed recorded June 23, 1952, in Deed Book 74, Page 265, of the Public Records of Indian River County, Florida. (as to Tracts 3 and 6) 6. Right -of -Way Agreement recorded in Book 28, Page 102; Supplement to Right -of -Way Agreement recorded February 4, 1959, in Book 60, Page 404; Rlght-of-Way Agreement(s) recorded March 3, 1964, In Book 188, Page(s) 443 and 444, of the Public Records of Indian River County, Florida. (as to Tracts 12 and 13) 7. Easement in favor of Houston Texas Gas and Oil Corporation, the remaining parameters of which are described in Quit -Claim Deed recorded September 22, 1960, in Book 109, Page 769, of the Public Records or Indian River County, Florida. (as to Tracts 3 and 6) 8. Easement in favor of Florida Power & Light Company recorded November 9, 1983, in Book 674, Page 673, of the Public Records of Indian River County, Florida. (as to Tract 11) 9. Easement in favor of Florida Power & Light Company recorded November 9, 1983, in Book 674, Page 674, of the Public Records of Indian River County, Florida. (as to Tract 6) 10. Easement Grant in favor of Florida Gas Transmission Company recorded December 26, 1967, in Book 275, Page 351, of the Public Records of Indian River County, Florida. 1. Declaration of Restrictive Covenants recorded September 21, 2004, in Book 1784, Page 339, of the Public Records of Indian River County, Florida. (Tracts 3 and 6) 12. Declaration of Restrictive Covenants recorded September 21, 2004, in Book 1784, Page 343, of the Public Records of Indian River County, Florida. (as to Tracts 11, 12, 13 and 14) ALTA Owner's Policy (6/17/06) 2730609 4 of 5 (with Florida Modifications) Copyright American Land Title Association. All rights reserved. The use of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. o 140 Policy No.: 8230609-224582651 Order No.: 7859946 Fidelity National Title Insurance Company Customer Reference: CL 19 223 SCHEDULE B EXCEPTIONS FROM COVERAGE 13. Assignment (with reservations) recorded November 24, 2004, in Book 1805, Page 1327, of the Public Records of Indian River County, Florida, 14. Assignment and Assumption of Development Rights recorded June 5, 2012 in Book 2580, Page 1915 and re-recorded in Book 2584, Page 1058, of the Public Records or Indian River County, Florida. NOTE: If requested, applicable ALTA 2006 endorsements will be issued with the final loan policy, including, but not limited to, 4.1, 5.1, 6.0, 6.2, and 8.1 and Florida Endorsement Form 9-06, provided that all underwriting requirements of Company are complied with, and receipt by Company of survey meeting the requirements of Sec. 627.7842(1) (a), Florida Statutes, and subject to the Florida Department of Financial Services Rules governing its issuance. NOTE: All recording references in this form shall refer to the public records of Indian River County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting Fidelity National Title Insurance Company, Telephone 1-800-669-7450. ALTA Owner's Policy (6/17/06) 2730609 5 of 5 (with Florida Modifications) Copyright American Land Title Association. All rights reserved. ....... The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All . <..il: other uses are prohibited. Reprinted under license from the American Land Title Association. 141 Order No.: 7859946 0 Fidelity National Title Insurance Company CL 19 223 ENDORSEMENT RESTRICTIONS, ENCROACHMENTS, MINERALS OWNER'S POLICY IMPROVED LAND (with Florida Modifications) Attached to Policy No. 8230609-224582651 Issued By Fidelity National Title Insurance Company The insurance provided by this endorsement is subject to the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. The Company insures the Insured against loss or damage sustained by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: (a) Present violations on the Land of any enforceable covenants, conditions, or restrictions, or any existing improvements on the Land which violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records. (b) Any instrument referred to in Schedule B as containing covenants, conditions, or restrictions on the Land which, in addition, (i) establishes an easement on the Land; (ii) provides for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant; or (iii) provides a right of re-entry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or restrictions. (c) Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land. (d) Any encroachment of existing improvements located on the Land onto that portion of the Land subject to any easement excepted in Schedule B. (e) Any notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records, 2. Damage to buildings existing at Date of Policy: (a) Which are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; (b) Resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule B. 3. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment, other than fences, landscaping, or driveways, excepted in Schedule B. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA 9.2-06 Restrictions, Encroachments, Minerals - Owner's Policy -improved Land (6/17/06) (Florida Modified Page 1 of 2 12/1/13) 142 Policy No. 8230609-224582651 4. Any final court order or judgment denying the right to maintain any existing building on the Land because of any violation of covenants, conditions, or restrictions, or building setback lines shown on a plat of subdivision recorded or filed in the Public Records at Date of Policy. Wherever in this endorsement the words "covenants, conditions, or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions, or limitations contained in an instrument creating a lease. As used in paragraphs 1(a) and 4, the words "covenants, conditions, or restrictions" shall not be deemed to refer to or include any covenants, conditions or limitations relating to environmental protection. The failure to expressly except any matter delineated in paragraphs 1(a), (b) or (e) of this endorsement constitutes the Company's agreement to indemnify against actual monetary loss or damage resulting from any matters delineated in paragraphs 1(a), (b) or (e) only and provides no coverage for any other matters set forth in the covenants, conditions and restrictions This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated; August 2, 2021 Alex D. Sirulnik, P.A. Author] z d Signatory Copyright American Land Title Association. All rights reserved, The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use, All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 2 ALTA 9.2-06 Restrictions, Encroachments, Minerals - Owner's Policy -Improved Land (6/17/06) (Florida Modified 12/1/13) 143 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any Improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 br 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated In Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown In Schedule A. 8230609 ALTA Owners Policy 06/17/06 w -FL Mod -306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 6 144 CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a)"Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b)"Date of Policy": The date designated as Date of Policy" in Schedule A, (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d)"Insured": The Insured named in Schedule A. (1) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, Including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1)lf the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2)if the grantee wholly owns the named Insured, (3)if the grantee Is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4)if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that Impart constructive notice of matters affecting the Title. (g)"Land": The land described In Schedule A, and affixed Improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, Interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (1) "Public Records": Records established under state statutes at Date of Policy for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include of the United States District Court for the district where the Land is located, (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend If there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section S(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as Insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter Insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. S. DEFENSE AND PROSECUTION OF ACTIONS (a)Upon written request by the Insured, and subject to the options contained In Section 7 of these Conditions, the Company, at Its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured, This obligation is limited to only those stated causes of action alleging matters Insured against by this policy. The Company shall have the right to select counsel of Its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not Insured against by this policy. (b)The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to environmental protection liens filed in the records of the clerk 8230609 ALTA Owners Policy 06/17/06 w -FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 6 145 do any other act that in Its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured, The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured, The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, In its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) In securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and ()i) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title, or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, Including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b)The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records In the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary Information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options; (a)To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, Including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (1) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (II)To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, H. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or Incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy, (a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (1) the Amount of Insurance; or (li)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b)If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (1) the Amount of Insurance shall be Increased by 10%, and (ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date It is settled and paid. (c)In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a)If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. 8230609 ALTA Owners Policy 06/17/06 w -FL Mod_306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ` All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 6 146 (b)In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured, (c)The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy Insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a)Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation Involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b)The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those Instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company In connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules In effect at Date of Policy shall be binding upon the parties, The award may Include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a)This policy together with all endorsements, If any, attached to It by the Company Is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b)Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c)Any amendment of or endorsement to this policy must be In writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d)Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions, Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or In part, Is held Invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a)Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at FIDELITY NATIONAL TITLE INSURANCE COMPANY, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. 8230609 ALTA Owners Policy 06/17/06 w -FL Mod -306 Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Y All other uses are prohibited. Reprinted under license from the American Land Title Association, Page 6 of 6 147 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Michael Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director THROUGH: Eric Charest, Natural Resources Manager SUBJECT: Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work Order No. 2018006-14, Post Construction Environmental Monitoring (Phase 1 Year 2 Monitoring and Phase 2 Year 1 Post Construction Monitoring) DATE: February 9, 2023 DESCRIPTION AND CONDITIONS On January 9, 2018, the Board of County Commissioners (BCC) approved a contract with Aptim Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological support services related to the management and nourishment of the Sector 3 (Wabasso Beach) Beach and Dune Restoration Project. The Sector 3 project area is a critically eroded 6.6 -mile section of shoreline that extends from the Seaview Subdivision in the north to just south of the Turtle Trail beach park. area sustained erosional damage from Hurricane Matthew (2016), Irma (2017), and Dorian (2019) creating the need for repair. Construction of the Sector 3 Beach and Dune Restoration project was split out into 2 phases, with construction of Phase 1 constructed in 2021 and Phase 2 constructed in 2022. Phase 1 represented approximately 3.7 miles in the northern portion of the project area, with Phase 2 beginning at Wabasso Beach Park and continuing south approximately 2.9 miles. Regulatory permits issued for the beach restoration activities identify post -construction related monitoring to be performed on a set schedule for several years following completion of construction. These monitoring activities are evaluated to demonstrate compliance with permit conditions. In the case of the Sector 3 Beach and Dune Restoration Project, post -construction sea turtle and shorebird nest monitoring is required. Beach restoration permits require additional monitoring and reporting when compared to the County's Habitat Conservation Plan (HCP) monitoring requirements. Post -construction monitoring also includes the biological monitoring of the nearshore hardbottom resources adjacent to the project area. This permit required post - construction hardbottom monitoring is not a part of the routine semi-annual physical surveys or HCP monitoring. Due to the phased approach the County took with the Sector 3 Project, Year 1 post -construction sea turtle and shorebird monitoring was performed for the constructed area of Phase 1 during this past nesting season (2022). As Phase 2 construction was completed in 2022, immediate 08 Page 2 of 2 BCC Agenda Item Sector 3 Beach Restoration Post -Construction Monitoring Item for February 21, 2023 construction sea turtle and shore -bird monitoring was performed in 2022. Year 2 post - construction Sea Turtle and Shorebird monitoring is required for the Sector 3, Phase 1 portion of the project this season, with Year 1 post -construction Sea Turtle and Shorebird monitoring being required for the Sector 3, Phase 2 portion of the project this season. Construction related hardbottom monitoring is required for the entire length of Sector 3 (Year 2 post -construction for Phase 1 and Year 1 post -construction for Phase 2). The proposed Work Order No. 2018006-14, in the amount of $419,341.60, provides professional services for permit required construction related environmental monitoring for Phase 1 and Phase 2 which includes: • Year 2 Post -Construction Biological Monitoring of Nearshore Hardbottom and Sea Turtle/Shorebird Monitoring for Phase 1. (Task 1) • Year 1 Post -Construction Biological Monitoring of Nearshore Hardbottom and Sea Turtle/Shorebird Monitoring for Phase 2 (Task 2) All subsequent annual post construction environmental monitoring of the Sector 3, Phase 1 and Phase 2 Project areas will be addressed through future work orders. Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue. Funding for post -construction related environmental monitoring (Tasks 1 and 2) in the amount of $419,341.60 is budgeted and available in the Beach Restoration Fund/Sector 3 Post Construction Monitoring, Account No. 12814472-033490-05054. Account Name Account No. Amount Sector 3 Post Construction Monitoring 12814472-033490-05054 1 $419,341.60 RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018006-14 in the total lump sum amount of $419,341.60. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-14. ATTACHMENTS APTIM Work Order No. 2018006-14 Work Order No. 2018006-14 Agreement Execution APPROVED AGENDA ITEM FOR: FEBRUARY 21, 2023 149 APTIM January 31, 2023 Eric Charest Natural Resources Manager Indian River County Public Works Coastal Division 1801 27th Street, Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #14 2023 Environmental Monitoring Dear Eric: Aptim Environmental & Infrastructure, Inc. 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of the Sector 3 Beach and Dune Renourishment Project. The scope of work described herein is to support the County with the following items: 1. Phase 1— Post -Construction Environmental Monitoring (R-20 to R-40) 1A. Nearshore Hardbottom Biological Monitoring 1B. Sea Turtle Monitoring 2. Phase 2 — Post -Construction Environmental Monitoring (R-40 to R-55) 2A. Nearshore Hardbottom Biological Monitoring 2B. Sea Turtle Monitoring The tasks to perform this work are listed below and described on the following pages. The schedules for hardbottom monitoring and sea turtle monitoring (e.g., Year 1 versus Year 2) for each phase are based on guidance from FDEP and FWC, respectively. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services for the Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project (RFQ#2018006). 1. Task 1: Phase 1— Post -Construction Environmental Monitoring 1A. Year 2 Post -Construction Nearshore Hardbottom Biological Monitoring The Sector 3 2023 nearshore hardbottom biological monitoring will be managed and conducted by APTIM, with the assistance of APTIM's approved subconsultant, Coastal Protection Engineering LLC(CPE). APTIM and CPE will meet with the County on a weekly basis to provide a status report of the monitoring. The Biological Monitoring Plan developed for the Sector 3 project during permitting requires pre- and post - construction biological monitoring adjacent to the project area to monitor for potential secondary impacts to nearshore natural hardbottom. The scope for this task is based on the FDEP-approved Biological Monitoring Plan (FDEP Permit No. 0285993 -009 -JC and Mod. No. 0285993 -011 -JN). The nearshore hardbottom monitoring for this task shall include: 150 APTIM January 31, 2023 Page 2 of 6 • Hardbottom edge mapping (R-19.5 to R-40) • Monitoring permanent transects (R-20 to R-40) Task 1A: Scope of Work 1) Hardbottom Edge Mapping: APTIM shall map the position of the nearshore hardbottom edge for the Sector 3 Phase 1 project area, including 1000 feet north (updrift), from R-19.5 to R-40, for a length of approximately 3.8 miles. A buoy with a Differential Global Positioning System (DGPS) antenna linked to a topside laptop computer running HYPACK navigational software will be towed by divers to record the position of the nearshore hardbottom edge. The divers will follow the inshore contour of the most prominent hardbottom-sand interface. 2) Monitoring Permanent Transects: Thirty (38) permanent transects were established along the length of project influence, which includes 1000 feet north (updrift) and 2000 feet south (downdrift). This includes twenty-four (24) biological monitoring transects and fourteen (14) sediment -only transects. Phase 1 monitoring will be conducted from R-20 to R-40 and will include twenty-two (22) permanent transects (15 biological and 7 sediment - only). All transects were established perpendicular to the shoreline and extend from the landward hardbottom edge to a maximum distance of 50 meters seaward. APTIM will conduct the biological survey of the hardbottom using the following methods: 1) Quadrat Assessments: Up to nine (9) 0.5- M2 quadrats sampled along each transect to quantify the benthic community. 2) Sediment Measurements: Collected using line -intercept and 1-m interval sediment depth measurements. 3) Video/Photo Documentation: Collected for the length of each transect. It is anticipated that the effort to delineate the hardbottom edge and monitor the transects will take up to twelve (12) field days based on previous monitoring events. The data will be compiled and incorporated into a GIS database and in situ data will be entered into an Access database. Time to complete data entry, reduction, analyses, and report production is included in the cost estimate to address the data management and reporting requirements for those 12 days of field operations. Task 1A: Deliverable Raw data will be provided to FDEP and the County including a PDF of the scanned datasheets, excel spreadsheets with quadrat data, interval sediment depth measurements and line -intercept data, shapefiles of the hardbottom edge survey, video/photo documentation. Additionally, APTIM will provide a map of the project area and adjacent hardbottom resources with the hardbottom edge delineation and monitoring transects overlaid onto the most recent aerial photography (in digital format). A post -construction biological monitoring report will be generated for submittal to the County and regulatory agencies. Task 1A: Schedule The Year 2 Post -Construction monitoring event will take place during summer 2023. Raw data from field 151 A.Aplfl . M January 31, 2023 Page 3 of 6 operations will be submitted to the County and FDEP within 45 days and the monitoring report will be submitted within 90 days of completion of the survey. Task 1A: Cost The lump sum cost for this task is $109,990.97. 1B. Year 3 Post -Construction Sea Turtle Monitoring The Sector 3 2023 sea turtle monitoring will be managed and coordinated by APTIM, and conducted by APTIM's approved subconsultant, Ecological Associates, Inc. (EAI). EAI will join APTIM ano CPE to meet with the County on a weekly basis to provide a status report of the monitoring. Task 113: Scope of Work APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. The 2023 sea turtle monitoring effort along the approximate 3.7 mile shoreline (R-20 to R-40) within the Sector 3 Phase 1 Project Area addresses permit -required post -construction sea turtle monitoring. The monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations for the project. EAI has provided the enclosed proposal and cost breakdown for sea turtle monitoring tasks, which are summarized as follows: 1. Mobilization 2. Project Management 3. Daily Sea Turtle Monitoring and Data Management 4. Nest Marking and Monitoring 5. Weekly Escarpment Surveys and Reporting 6. Reporting Task 113: Deliverable EAI will submit a nesting season summary report within 90 days of completion of all monitoring activities. Additionally, an Excel spreadsheet summarizing all nesting activity and reproductive success will be prepared and submitted electronically to JCP Compliance and FWC. Task 16: Schedule The sea turtle monitoring will commence in March 2023. Task 113: Cost The lump sum cost for this task is $119,536.04. 2. Task 2: Phase 2 — Post -Construction Environmental Monitoring 2A. Year 1 Post -Construction Nearshore Hardbottom Biological Monitoring The nearshore hardbottom monitoring for this task shall include: • Hardbottom edge mapping (R-40 to R-57) • Monitoring permanent transects (R-40 to R-56) 152 .>v APTIM Task 2A: Scope of Work 3) Hardbottom Edge Mapping: January 31, 2023 Page 4 of 6 APTIM shall map the position of the nearshore hardbottom edge for the Sector 3 Phase 2 project area, from R-40 to R-57, including 2000 feet south (downdrift) of the project area, for a length of approximately 3.2 miles. The same methods described above in Task 1A will be conducted. 4) Monitoring Permanent Transects: Phase 2 monitoring will be conducted from R-40 to R-56 and will include sixteen (16) permanent transects (9 biological and 7 sediment -only). The same methods described above in Task 1A will be conducted. It is anticipated that the effort to delineate the hardbottom edge and monitor the transects will take up to eight (8) field days based on previous monitoring events. The data will be compiled and incorporated into a GIS database and in situ data will be entered into an Access database. Time to complete data entry, reduction, analyses, and report production is included in the cost estimate to address the data management and reporting requirements for those 8 days of field operations. Task 2A: Deliverable Deliverables will be prepared as described above in Task 1A and will be submitted concurrently with Task 2A deliverables. Task 2A: Schedule The Year 1 Post -Construction monitoring event will take place during summer 2023 concurrently with the Year 2 Post -Construction monitoring event. Raw data from field operations will be submitted to the County and FDEP within 45 days and the monitoring report will be submitted within 90 days of completion of the survey. Task 2A: Cost The lump sum cost for this task is $70,278.55. 2B. Year 2 Post -Construction Sea Turtle Monitoring The Sector 3 2023 sea turtle monitoring will be managed and coordinated by APTIM, and conducted by APTIM's approved subconsultant, Ecological Associates, Inc. (EAI). Task 213: Scope of Work APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. The 2023 sea turtle monitoring effort along the approximate 2.95 mile shoreline (R-40 to R-55) within the Sector 3 Phase 2 Project Area addresses permit -required post -construction sea turtle monitoring. The monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations for the project. EAI has provided the enclosed proposal and cost breakdown for sea turtle monitoring tasks, which are summarized as follows: 1. Mobilization 2. Project Management 3. Daily Sea Turtle Monitoring and Data Management 153 4. Nest Marking and Monitoring 5. Weekly Escarpment Surveys and Reporting 6. Reporting Task 26: Deliverable January 31, 2023 Page 5 of 6 EAI will submit a nesting season summary report within 90 days of completion of all monitoring activities. Additionally, an Excel spreadsheet summarizing all nesting activity and reproductive success will be prepared and submitted electronically to JCP Compliance and FWC. Task 213: Schedule The sea turtle monitoring will commence in March 2023. Task 213: Cost The lump sum cost for this task is $119,536.04 Summary The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Work Order #14 is $419,341.60. Exhibit 1 includes a summary of the costs and labor hours of each Task. Thank you for the opportunity to serve Indian River County. As always, please do not hesitate to call if you have any questions. Sincerely Katy Brown Lead Marine Biologist Aptim Environmental & Infrastructure, LLC cc: Nicole S. Sharp, P.E., APTIM Thomas Pierro, P.E., D.CE, CPE Stacy Buck, CPE Debra Neese, APTIM Authorized Corporate Signature Nicole S. Sharp P.E. Printed Name Coastal Restoration & Modeling Program Manager Title 154 APT ! M January 31, 2023 - Page 6 of 6 EXHIBIT 1 Indian River County, Florida Sector 3 - 2018006 - Work Order #14 2023 Nearshore Hardbottom Biological Monitoring and Sea Turtle Monitoring Summary of Cost by Task Task Number Task Name Labor Equipment Materials Mobilization Subcontractors Total Task 1A Phase 1 Nearshore Hardbottom Biological $ 56,836.00 $21,122.25 $ 1,950.00 $ 5,357.00 $ 24,725.72 $ 109,990.97 2 Monitorin 500.00 Sr Coastal En ineer/Pro'Wh r $165.00 20 $ 3,300.00 Task 1B Phase 1 Sea Turtle Nlonitoring $ 1,140.00 $ 330.00 28 $ $ 118,396.04 $ 119,536.04 Task 2A Phase 2 Nearshore Hardbottom Biological $ 36,036.00 $14,041.95 $ 1,350.00 $ 3,653.00 $ 15,197.60 $ 70,278.55 32 Nbnitorin 4,320.00 Marine Biologist II $ 95.00 401 $ 36 095.00 Task 2B Phase 2 Sea Turtle Nbnitoring $ 1,140.00 $ 674 $ $ 118,396.04 $ 119,536.04 Totals = $ 95,152.00 i $35,164.20 1 $ 3,300.00 1 $ 9,010.00 $ 276,715.40 $ 419,341.60 Indian River County, Florida Sector 3 - 2018006 - Work Order #14 2023 Nearshore Hardbottom Biological Monitoring and Sea Turtle Monitoring Summary of Labor Hours and Cost Labor Title Labor Bill Rate Phase 1 Nearshore HB Monitoring Task 1A Labor Cost Hours Phase 1 Sea Turtle Monitoring Task 1B Labor Cost Hours Phase 2 Nearshore HB Monitoring Task 2A Labor Cost Hours Phase 2 Sea Turtle Monitoring Task 2B Labor Cost Hours Labor Hours Totals Cost Principal Engineer/Sr Pro' War $ 250.00 1 $ 250.00 1 $ 250.00 $ 2 $ 500.00 Sr Coastal En ineer/Pro'Wh r $165.00 20 $ 3,300.00 2 $ 330.00 4 $ 660.00 2 $ 330.00 28 $ 4,620.00 Senior Marine Biologist $135.00 18 2,430.00 6 $ 810.00 2 $ 270.00 6 $ 810.00 32 $ 4,320.00 Marine Biologist II $ 95.00 401 $ 36 095.00 273 $ 25 935.00 $ 674 $ 64,030.00 Senior CAD Operator $140.00 1 $ 140.00 1 $ 140.00 $ 2 $ 280.00 GIS Operator $105.00 6 630.00 6 $ 630.00 1 $ 12 $ 1,260.00 Boat Captain $ 80.00 148 $ 11,640.00 100 $ 8 000.00 $ 248 $ 19 840.00 Bookkeeper $ 80.00 1 $ 80.00 1 $ 80.00 $ 2 $ 160.00 Clerical $ 71.00 1 $ 71.00 1 $ 71.00 $ 2 142.00 Subcontractors - $ 24,725.72 $ 118,396.04 $ 15,197.60 $ 118,396.04 $ 276,715.38 Equipment 21 122.25 $ 14 041.95 $ $ 35 164.20 Materials $ 1950.00 $ 1,350.00 $ $ 3,300.00 Mobilization/Other ODCs $ 5,357.00 $ 3,653.00 $ $ 9,010.00 TOTAL $ 109,990.97 $ 119,536.04 $ 70,278.55 $ 119,536.04 $ 419,341.60 155 Ms. Nicole Sharp APTIM 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Dear Ms. Sharp: ECOLOGICAL ASSOCIATES, INC. January 30, 2023 Ecological Associates, Inc. (EAI) is pleased to submit its Scope of Work and Cost Proposal for providing professional environmental services in support of Indian River County's Sector 3 Beach and Dune Nourishment Project. This proposal addresses post -construction sea turtle permit -compliance monitoring along approximately 3.7 miles of beach (Phase 1) during the 2023 nesting season, along with an appropriate reference beach, as described in the Scope of Work presented below. This monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations issued for the project. SCOPE OF WORK This scope of work was developed based on conditions and requirements set forth in standard regulatory permits and the following documents: ➢ Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) No. 0285993 -009 -JC ➢ U.S. Fish and Wildlife Service (USFWS) Revised Statewide Programmatic Biological Opinion (BO) dated March 13, 2015 Task 1: Mobilization All equipment, staff, and schedules will be prepared prior to project commencement. The Phase 1 Project Area extends approximately 3.7 miles from FDEP Range Monument R-20 to R-40. The Reference Area, approximately 3.8 miles south of the Project and outside of the influence of any fill placement activities, lies between R-60 and R-68. Pre-existing survey zone boundaries, consistent with those established by Indian River County under its Habitat Conservation Plan, will be verified and re- marked, and project -specific data sheets and a database will be created. 156 Ecological Associates, Inc. — Scope of Work and Cost Proposal 2 Task 2: Project Management An EAI project manager will oversee all fieldwork and data management operations, participate in weekly check-in meetings with APTIM/Indian River County, and consult with APTIM on permit requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. Task 3: Daily Sea Turtle Monitoring and Data Management (FDEP Specific Condition 15) Beginning on March 1, 2023, EAI will conduct daily morning sea turtle nesting surveys of the Project and Reference Areas. Surveys will continue through October 31, 2023, or until two (2) weeks without a crawl in the Project Area, whichever is earlier. If there is a two-week period where no crawls are documented in the Project Area, EAI will request a waiver from the USFWS and FWC to discontinue daily monitoring. If permission is granted, EAI will then perform surveys three days per week to monitor marked nests. Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff either on foot or using ATVs. All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email to Indian River County on a weekly basis so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured, and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. 157 Ecological Associates. Inc. — Scope of Work and Cost Proposal 3 State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #261 issued by FWC to EAI Director of Operations, Niki Desjardin. All persons engaged in monitoring performed by EAI for the Sector 3 Beach and Dune Nourishment Project will be listed on the permit. All data will be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Monthly summary reports will be furnished to APTIM. These reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted to APTIM on the last day of the month following delivery of services (e.g., March report due no later than April 30), or as otherwise mutually agreed upon. Daily sea turtle monitoring will be charged at a daily rate. *Monthly summary reports on sea turtle nesting and predation will also be sent to the Archie Carr National Wildlife Refuge to assist management efforts. Task 4: Nest Marking and Monitoring (FDEP Specific Condition 15) A representative sample of nests in the Project and Reference Areas will be marked for determination of nest fate and reproductive success (not to exceed 390 nests total). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). Task 5: Post -Construction Escarpment Surveys (FDEP Specific Condition 18) Beginning on March 1, 2023, scarp surveys will be conducted on a weekly basis within the Sector 3 Project Area through October 31, 2023. In accordance with FWC protocol, scarps are functionally defined as an abrupt change in beach slope (greater than 45°) at least 18 inches in height that persists for a distance of 100 feet or more. The location of both the northern and southern terminus of each scarp will be recorded by GPS and average scarp height assigned to one of three categories (0 to 2 feet, 2 to 4 feet, and 4 feet or higher). Additionally, the maximum height of each scarp will be measured. The location (relative to R -monuments), approximate length, height category, maximum height, and percentage of beach scarped will be presented in tabular and/or graphic format for reporting purposes. EAI will notify APTIM of any persistent scarps within the Project Area that may interfere with sea turtle nesting. APTIM shall be responsible for notifying FWC of the presence of those scarps and for coordinating any remediation measures, if required. Scarp monitoring will be charged at a weekly rate. Any services 158 Ecological Associates, Inc. — Scope of Work and Cost Proposal 4 required of EAI during scarp consultation and leveling will be charged separately on a time and materials basis. Tasks 6a -6b: Reporting (FDEP Specific Condition 19) Nesting Season Summary: A report summarizing methods, numbers of sea turtle emergences by species, nest fates of all marked nests, and reproductive success of evaluated nests, and an assessment of project performance on sea turtle nesting and reproductive success, including interpretive analyses and graphic representations, will be prepared and submitted to APTIM within 90 days of the completion of all monitoring activities. 2. Summary Spreadsheet of Sea Turtle Nesting Activity: At the end of the 2023 nesting season, a permit -required Excel spreadsheet summarizing all nesting activity and reproductive success within the Project and Reference Areas will be prepared and submitted electronically to APTIM/Indian River County, JCP Compliance, and FWC. EAI will submit its monthly billings for the services described above to APTIM in accordance with the fees and schedules set forth in Attachment A. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity to be of continued service to APTIM. Should you have any questions regarding the enclosed Scope of Work or associated costs, I can be reached at (772) 334-3729. Sincerely, AAo-a l � op"P' i Grace Botson Project Manager c: Niki Desjardin/Director of Operations 159 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 COST PROPOSAL — January 30, 2023 PROJECT NAME: Sector 3 Phase 1 Post -construction Sea Turtle Monitoring Program — 2023 (Project No. 23-3943A) CLIENT: Ms. Nicole Sharp 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Phone: (561) 361-3150* Email: nicole.sharp@aptim.com PROJECT DESCRIPTION: Post -construction sea turtle monitoring and ancillary professional services in support of the Sector 3 Beach and Dune Nourishment Project Phase 1, as described in EAI's Scope of Work dated January 30, 2023. PROJECT DURATION: February 2023 — February 2024. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task Description Cost 1 Mobilization $930.00 2 Project management $2,925.00 3 Daily sea turtle monitoring and data management (Daily $74655.08 rate, estimate 271 days at $275.48 per da ' Nest marking and monitoring and determination of nest fate 4 and reproductive success (Per nest rate; not to exceed 390 $26,594.10 nests at $68.19 5 Weekly escarpment surveys and reporting (Weekly rate, not $2,889.95 to exceed 35 weeks at $82.57per week 6a Final interpretive report $2,474.00 6b FWC nourishment r22orting Excel spreadsheet $2,290.00 TOTAL (not to exceed $112,758.13 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Work Agreement with APTIM for Environmental and Biological Support Services dated February 9, 2018. 160 Ms. Nicole Sharp APTIM 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Dear Ms. Sharp: 7� _4ECOLOGICAL ASSOCIATES, INC. January 30, 2023 Ecological Associates, Inc. (EAI) is pleased to submit its Scope of Work and Cost Proposal for providing professional environmental services in support of Indian River County's Sector 3 Beach and Dune Nourishment Project. This proposal addresses post -construction sea turtle permit -compliance monitoring along approximately 2.95 miles of beach (Phase 2) during the 2023 nesting season, along with an appropriate reference beach, as described in the Scope of Work presented below. This monitoring will comply with all applicable conditions set forth in the regulatory permits and related authorizations issued for the project. SCOPE OF WORK This scope of work was developed based on conditions and requirements set forth in standard regulatory permits and the following documents: ➢ Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) No. 0285993 -009 -JC ➢ U.S. Fish and Wildlife Service (USFWS) Revised Statewide Programmatic Biological Opinion (BO) dated March 13, 2015 Task 1: Mobilization All equipment, staff, and schedules will be prepared prior to project commencement. The Phase 2 Project Area extends approximately 2.95 miles from FDEP Range Monument R-40 to R-55. The Reference Area, approximately 0.95 miles south of the Project and outside of the influence of any fill placement activities, lies between R-60 and R-68. Pre-existing survey zone boundaries, consistent with those established by Indian River County under its Habitat Conservation Plan, will be verified and re- marked, and project -specific data sheets and a database will be created. 161 Ecological Associates, Inc. — Scope of Work and Cost Proposal 2 Task 2: Project Management An EAI project manager will oversee all fieldwork and data management operations, participate in weekly check-in meetings with APTIM/Indian River County, and consult with APTIM on permit requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. Task 3: Daily Sea Turtle Monitoring and Data Management (FDEP Specific Condition 15) Beginning on March 1, 2023, EAI will conduct daily morning sea turtle nesting surveys of the Project and Reference Areas. Surveys will continue through October 31, 2023, or until two (2) weeks without a crawl in the Project Area, whichever is earlier. If there is a two-week period where no crawls are documented in the Project Area, EAI will request a waiver from the USFWS and FWC to discontinue daily monitoring. If permission is granted, EAI will then perform surveys three days per week to monitor marked nests. Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff either on foot or using ATVs. All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email to Indian River County on a weekly basis so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured, and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. 162 Ecological Associates, Inc. — Scope of Work and Cost Proposal 3 State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #261 issued by FWC to EAI Director of Operations, Niki Desjardin. All persons engaged in monitoring performed by EAI for the Sector 3 Beach and Dune Nourishment Project will be listed on the permit. All data will be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Monthly summary reports will be furnished to APTIM. These reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted to APTIM on the last day of the month following delivery of services (e.g., March report due no later than April 30), or as otherwise mutually agreed upon. Daily sea turtle monitoring will be charged at a daily rate. *Monthly summary reports on sea turtle nesting and predation will also be sent to Archie Carr National Wildlife Refuge to assist management efforts. Task 4: Nest Marking and Monitoring (FDEP Specific Condition 15) A representative sample of nests in the Project and Reference Areas will be marked for determination of nest fate and reproductive success (not to exceed 390 nests total). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). Task 5: Post -Construction Escarpment Surveys (FDEP Specific Condition 18) Beginning on March 1, 2023, scarp surveys will be conducted on a weekly basis within the Sector 3 Project Area through October 31, 2023. In accordance with FWC protocol, scarps are functionally defined as an abrupt change in beach slope (greater than 45°) at least 18 inches in height that persists for a distance of 100 feet or more. The location of both the northern and southern terminus of each scarp will be recorded by GPS and average scarp height assigned to one of three categories (0 to 2 feet, 2 to 4 feet, and 4 feet or higher). Additionally, the maximum height of each scarp will be measured. The location (relative to R -monuments), approximate length, height category, maximum height, and percentage of beach scarped will be presented in tabular and/or graphic format for reporting purposes. EAI will notify APTIM of any persistent scarps within the Project Area that may interfere with sea turtle nesting. APTIM shall be responsible for notifying FWC of the presence of those scarps and for coordinating any remediation measures, if required. Scarp monitoring will be charged at a weekly rate. Any services 163 Ecological Associates, Inc. — Scope of Work and Cost Proposal 4 required of EAI during scarp consultation and leveling will be charged separately on a time and materials basis. Tasks 6a -6b: Reporting (FDEP Specific Condition 19) Nesting Season Summary: A report summarizing methods, numbers of sea turtle emergences by species, nest fates of all marked nests, and reproductive success of evaluated nests, and an assessment of project performance on sea turtle nesting and reproductive success, including interpretive analyses and graphic representations, will be prepared and submitted to APTIM within 90 days of the completion of all monitoring activities. 2. Summary Spreadsheet of Sea Turtle Nesting Activity: At the end of the 2023 nesting season, a permit -required Excel spreadsheet summarizing all nesting activity and reproductive success within the Project and Reference Areas will be prepared and submitted electronically to APTIM/Indian River County, JCP Compliance, and FWC. EAI will submit its monthly billings for the services described above to APTIM in accordance with the fees and schedules set forth in Attachment A. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity APTIM. Should you have any questions regarding the associated costs, I can be reached at (772) 334-3729. Sincerely, A 10-a Grace Botson Project Manager c: Niki Desjardin/Director of Operations to be of continued service to enclosed Scope of Work or 164 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 COST PROPOSAL — January 30, 2023 PROJECT NAME: Sector 3 Phase 2 Post -construction Sea Turtle Monitoring Program — 2023 (Project No. 23-3943B) CLIENT: Ms. Nicole Sharp 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Phone: (561) 361-3150* Email: nicole.sharp@aptim.com PROJECT DESCRIPTION: Post -construction sea turtle monitoring and ancillary professional services in support of the Sector 3 Beach and Dune Nourishment Project Phase 2, as described in EAI's Scope of Work dated January 30, 2023. PROJECT DURATION: February 2023 — February 2024. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task Description Cost 1 Mobilization $930.00 2 Project management $2,925.00 3 Daily sea turtle monitoring and data management (Daily $74,655.08 rate, estimate 271 days at $275.48 per da Nest marking and monitoring and determination of nest fate 4 and reproductive success (Per nest rate, not to exceed 390 $26,594.10 nests at $68.19 5 Weekly escarpment surveys and reporting (Weekly rate; not $2,889.95 to exceed 35 weeks at $82.57 per week 6a Final interpretive report $2,474.00 6b FWC nourishment rEporting reportingExcel spreadsheet $2,290.00 TOTAL not to exceed) $112,758.13 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Work Agreement with APTIM for Environmental and Biological Support Services dated February 9, 2018. 165 WORK ORDER NUMBER 2018006-14 PHASE 2, SECTOR 3 BEACH AND DUNE RESTORATION PROJECT POST CONSTRUCTION BIOLOGICAL MONITORING SERVICES This Work Order Number 2018006-14 is entered into as of this day of , 2023 pursuant to that certain Engineering and Biological Support Services Contract for Sector 3 Agreement for Professional Services entered into as of January, 2018 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental and Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, 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 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 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 Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY , P.E. Title: Director of Operations Date: By: Joe Earman, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Michael Zito, Interim County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 166 IW W INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael C. Zito, Interim County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Amendment No. 1 to Work Order No. 5 with Edlund, Dritenbas, Binkley Architects and Associates, P.A. for Fire Station #7 (IRC -1911) DATE: February 7, 2023 DESCRIPTION AND CONDITIONS On January 11, 2022 the Board of County Commissioners approved Work Order No. 5 with Edlund, Dritenbas, Binkley Architects and Associates, P.A. to provide design, construction documents, permitting, site plan civil engineering and survey services for the construction of the new Fire Station No. 7 in the amount of $250,440. Public Works will oversee the design, permitting, and construction process for Emergency Management Services as directed by the Board several years ago. Amendment No. 1 to Work Order No. 5 to Edlund, Dritenbas, Binkley Architects and Associates, P.A. is in the amount of $29,445. Additional services are required for survey work and site plan modifications. The consultant will modify a utility line location that includes field locating a gas line. Further, during the permitting process with St. Johns River Water Management District, an area of wetlands was encountered and required additional survey and site plan modifications. This will bring the total of Work Order No. 5 to $279,885. FUNDING Funding in the amount of $29,445 for Amendment No. 1 to Work Order No. 5 for Fire Station #7 Architectural and Engineering is available in Account No. 31512022-066510-19020 Account Name Account No. Amount Optional Sales Tax/Fire Rescue/ Station 31512022-066510-19020 $29,445 #7 Construction RECOMMENDATION Public Works recommends the Board of County Commissioners approve Amendment No. 1 to Work Order No. 5 with Edlund, Dritenbas, Binkley Architects and Associates, P.A., in the amount of $29,445 and authorize the Chairman to execute the Work Order. ATTACHMENT Amendment No. 1 to Work Order No. 5 AGENDA ITEM FOR FEBRUARY 21, 2023 167 C:\G ran i c u s\Leg ista r5\L5\Te m p\dc4bf301-9fc 1-4720-a 5 b4-824985fa ee62.d ocx ARCHITECTURAL SERVICES AMENDMENT NO. 1 TO WORK ORDER NO. 5 ARCHITECTURAL/ENGINEERING SERVICES FOR FIRE STATION #7 (IRC -1911) This Amendment No. 1 to Work Order Number 5 is entered into as of this day of , 2023, pursuant to that certain Continuing Architectural Services Agreement for Professional Services entered into as of the 1311 day of November, 2018, renewed and amended as of November 2, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Edlund, Dritenbas, Binkley Architects and Associates, P.A ("ARCHITECT"). 1. The COUNTY has selected the ARCHITECT to perform the professional services set forth in existing Work Order Number 5, effective date January 11, 2022. 2. The COUNTY and the ARCHITECT desire to amend this Work Order as set forth of Exhibit A (Scope of Work and Fee Schedule) attached to this Amendment and made part thereof by this reference. The professional services will be performed by the ARCHITECT in accordance with the terms and provisions set forth in the Agreement. 3. 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: BOARD OF COUNTY COMMISSIONERS EDLUND, DRITENBAS, BINKLEY ARCHITECTS INDIAN RIVER COUNTY, FLORIDA & ASSOCIATES, INC. By: Print Name: Title: By: Joseph H. Earman, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Michael C. Zito, Interim County Administrator William K. DeBraal, Deputy County Attorney .:, December 5, 2022 Mar. John Binkley rA* E-mail (edlunddritenbasb@bellsouth.net) LMB Architects .:65`R**PdmPoihte,SuiteD Vero Beach FL, 324 Subject: Addendum to t3riginai Coact for Professional Engineering Services for Indian River Comity Fin Station M' tiff -Site Utilf es Design City of Fellsnwe /Indian Rivr County, Mri da Engineer's Project Numb o 21-0992. A DDI Dear Mr. Binkley: As per our coordination, we are hereby submitting our proposal to provide sWonal professional services for the above subject project. This proposal, along with the original contract conditions, shall be considered an addendun to the original executed proposal. Due to recent directive from IRC Pudic Works Department, the original off-site utilities design for the water and newer services will be avoided and a new route and associated design will be required due to the Indian River County Utilities Department request from their "view of the original design plans submitted under the IRCUD application on October 13, 2022- Due to. these unforeseen conditions and site modificationsy additional professional services for the below: items will be required for completion of the1project these were not sntici1 awd or included in -the original scope of work. 1. Project coordination with the Surveyor, Architect, FL Oras Transmissim ad MC staff, 2. Project :review and Base Plan tqvdates of the new off-site route survey. to be provided o MRV by CAI. 3. Attendance at additional Cas Transmission. Lime location and exavatbm with and Boit digs company. 4, Development of new Off -Site Water and Sewer Utility Plans. S. Development of new Cross Sections and Canal Crossing Plan. 6. Revisions to previously design lift ftWon calculations and report reflecting the new sewer FM routing. 7. Revisions to the ongial:Un-Site Utility, plan reflecting the new tiff -site entry crime, 9. Coordination with ge nil agencies on revised applications and permit packages: 4$35 3�th mart 1258 Uhit H. _ '�_ 79.#.: 9Z1 1$!Q Roc772M3817 far 331 53�?9►11.... . - - 170 SURVEY WORK AUTHORIZATION CARTER ASSOCIATES, INC. Consulting Engineers & Surveyors 1708 21 s, Street - Vero Beach, FL 32960 772-562-4191 772-562-7180 Fax CLIENT: . ..... EDB Arch#f ds JOB NO.: 21-459 S Additional Saervices #2 BILLING ADDRESS: Go John Binkley 65 Royal Palm Pointe, Suite D Vero Beach, FL 32960 PHONE # 772!-56� 1C1 Qg FAX # CELL # Email: ToddH@mbveng.com DATE ORDERED: 12/6/2022 ASAP ORDERED BY: TAP.MNSY: Todd Howder, MBV Engineering 1gj V E. LuetKe, PSM/mc EST. COST: $ 13 450.00 JOB LOCATION (Lot, Block, S/D/Sec-Twp-Rng) Part of Section 34, Township 32 S, Range 3$ E, IRC. FL PROPERTY STREET ADDRESS: NE Comer of 98th Ave and 26th St, Felismere, FL 32IK8 SERVICES TO BE PERFORMED: Professional Surveyina and Mapping Services: Additional Services #2 Indian River County Fire Station #7 CERTIFICATIONS: To be provided by Client fIELD BOOK PAGE # DRAWING # PAGE -111 ti PROJECT MGR.: COST OF PROFESSIONAL SERVICES: EDB Architects hereby agrees to pay $ 13.450.00 for the above -stated professional services within 30 days of the date of the invoice, in addition to interest of 1.5% per month (18% per year) on any balance unpaid after 30 days and any costs of collection including, but not ' 'ted to, li co s, court costs or attorneys' fees involved in or arising out of the collection of any unpaid or past due balances. Signature: Date: Printed Name:Title: il�f'�► ESTIMATED G M ETION DATE FROM DATE OF AUTMORIZATIOtT . Professional Surveying and Maiming Services: Additional Services #2 Indian River County Fire Station #7 "Being a parcel of land lying in the Southwest one quarter of Section 34, Township 32 South, Range 38 East, Indian River County, Florida, said parcel also being a portion of those lands as described in Official Record Book 1612, Page 1824, public records of Indian River County, Florida. Said parcel being more particularly described as follows: The North 361.50 feet, of the South 491.50 feet, of the East 361.50 feet, of the West 461.50 feet of the Southwest one quarter of said Section 34, Township 32 South, Range 38 East. Containing 130,680 square feet, (3.00 acres) more or less." Offsite Route/Right of Way Existing Conditions Survey Additional Route/Right of Way Survey $ 9,450.00 Perform and prepare Route/Topographic Survey along a portion of 971h Road, 22nd Street and the Houston -Texas Gas and Oil Corp (Permanent Easement) right of ways as shown on the provided exhibit and the Plat of Vero Tropical Gardens Unit #2 (PB 6, Page 64): recover and / or re-establish subject parcel boundary corners and right of ways with required ties to tract, section, block, as necessary. *Title commitment or search report to be prepared and provided by Indian River County. Establish vertical control (benchmarks): Preform differential levels from a published record vertical benchmarks to establish near or on site temporary vertical benchmark along the new proposed route for survey, design, permitting and construction purposes. Tree Location Survey: Locate and identify any protected trees with a trunk diameter of 4 inches or greater, measured at chest height within proposed survey limits. Perform and prepare additional offsite Route/Topographic Survey: Route/Topographic Survey to include all of 971h Road right of way and the Houston -Texas Gas and Oil Corp (Permanent Easement), south of the IRFWCD North Dike and Ditch Right of Way approximately 1200 feet to the south right of way of 22"d Street; and 22nd Street right of way from 971 Road right of way to 981 Avenue right of way. Route/Topographic Survey to include all above ground improvements and natural features within the specified Right of Way or project limits including the following: a. Cross-sections will be observed and recorded at 100 -foot stations; b. Observe and record all paved and unpaved roads including culverts and drainage structures; c. Observe and record all driveways, sidewalks and landscaped areas within limits of survey; d. Observe and record all mail and news boxes; e. Observe and record fences and / or privacy walls within 10 feet of the right of way line of 971 Road.; f. Observe and record any grade breaks (swales, berms, slopes, etc.); g. Observe and record all above ground (visible) utilities (i.e. water mains, water meters, water valves, riser boxes, cleanouts, utility poles, over -head electrical lines, utility risers and boxes, etc.); 175 l:,SIJRt'EY WORK AUTHORIZATIO%St21-459 S EDB Architects IRC Fire Station #7 AS 2 Rev 120622.docx 2 OF 6 h. Observe and record all storm water drainage structures (pipe culvert inverts, catch basins, spillways, etc.), including inverts of associated pipes; i. Observe and record all above ground visual sanitary sewer systems (gravity flow or force mains); j. Observe and record all wood lines, tree lines and trees 4 inches and larger within the limits of survey; k. Observe and record vertical ground spot elevations within project corridor at major grade breaks and changes in existing contour; Utility Investigation and Location by others (WGI): $ 4,000.00 Coordinate with WGI to perform four (4) test holes of the existing Florida Gas Transmission 20" and 26" high pressure transmission gas lines of the proposed crossing at 22nd Street right of way. CAI to field observe (horizontal and vertical) four (4) existing FGT gas transmission lines potholes (soft digs) as identified on the provided sketch from MBV Engineering; add all of the above to topographic survey. EXHIBIT "A" CARTER ASSOCIATES, INC. TYPICAL GENERAL CONDITIONS AND PROVISIONS 1. All fees quoted in this agreement are applicable for one (1) year from date of proposal. At that time, fees will be reviewed with the client and adjusted as necessary. 176 J:ISURVEY WORK AUTHORIZATIONS ':21-4545 EDB Architects IRC Fire Station #7 AS 2 Rev 120622.docx _ 3 OF 6 Z All fees presented are based on a one-time performance o*. , Fees for duplication of work or services not included in this agreement shall be invoiced at the hourly rates included herein. It is the Client's obligation to schedule work with Carter Associates, Inc.. and provide appropriate, reasonable notification. The Client must provide any special instructions or stake -out preferences to the Carter Associates, Inc., office in advance. Arty additional work, outside of the original scopes of services defined herein.. as ordered by the client, his agents, employees or contractors, in the field, will need to be confirmed by Carter Associates, Inc. and authorized by the client. 3. All surveying performed will be in complete compliance with Standards of Practice W SUrveying in the State of Florida. 4. Client is required to provide Carter Associates, Inc., with architectural and structural drawings in POF format and AutoCAD formats for site planning purposes. If AutoCAD copies are not provided the client will be billed time and material for re-creation. of said drawings. 5. Carter Associates, Inc. warrants that diligent efforts will be made to make a complete and accurate survey/residential site plan for Client/Builder use for submittal to the Department of Health, Building and Engineering Departments for various approvals. One revision of standard departmental review comments is included. However, revisions required to surveys/site plans due to agency staff preference, policy, or interpretation contrary p Carter Associates, Inc., will be billed as additional work in accordance with the attached rate schedule. Any professional services required to facilitate the completion of the services contained in this contract I , outside consulting services, photo reductions, postage charges, reproductions. fax transmissions, etc.. are not included in the contract price. Any such required services will be provided by the Client, or if provided by Carter Associates. Inc., will be reimbursable at cost plus 10%. 7. invoices issued are due upon receipt. Suspension of work will occur when any invoice becomes 90 days delinquent. Interest at 1.5% per month or 18% per annum will be charged on any invoice 30 days past due. 8. In the event of default of any of the payments due herein under the contract and if it necessary that this contract be turned over to an attorney or collection agency for collection; the accepting party of this proposal agrees to pay reasonable attorney's fees plus all court costs. 9. Proposals including construction layout services shall be based on the site being sufficiently cleared of all underbrush and/or debris prior to construction layout. Any services need for clearing shall be performed at the specified hourly rate according to the Hourly Rate Schedule attached hereto. 10. Professional liability insurance (errors and omissions) in the amount of $1,000,000.00 will be provided. The cost of any additional coverage requested by Client in excess of this amount shall be borne by the Client. It is understood that Carter Associates Inc. is not responsible for any site affiliated hazards and/or liabilities. 11. It is understood that the fees quoted in this contract are predicated on the client providing Carter Associates Inc. with copies of all previous work performed for the subject parcel relative to surveys, calculations. title work and permit applications/acquisitions, if applicable. 12. The field work, and/or survey drawings, and/or -documents prepared by Carter Associates. Inc. shall be the sole property of Carter Associates.. Inc, until payment on any unpaid balance is made in full, The Client agrees that until payment is made in full, the Client shall not have a proprietary interest in the field work or survey drawings prepared by Carter Associates. Inc. All original field notes. calculations and digital files will remain the property of Carter Associates, Inc. Carter Associates, Inc. shall have the absolute right to request the return Of y and all drawings submitted to governmental bodies or other parties on behalf of the Client in the event of non-payin oofoutstanding fees by the Client per the terms of this agreement. 13. AutoW Drawings: If requested. the AutoCAD file is provided solelyfar the convenience of the client. Carter Associates, Inc. makes no representations or warranties, either express or implied. as to its suitability for any specific purpose. While we believe this drawing file to be accurate at the time of retrieval, this media and its contents can be easily altered or corrupted either purposely or inadvertently through any number of sources. For this reason. Carter Associates. Inc., its officers; directors and employees shall be indemnified and held harmless from any and all liability that may arise or result from the use of this drawing, map, plat or sketch by any firm, employees, agents or sub -contractors. Opening and or using the file provided herein constitutes acceptance of the provisions stated herein. Standard e -transmittal of the digital files/data in Carter Associates; Inc. existing AutoCAD version isimduded in this contract. Any modifications to the existing Auto( AD drawing for transmittal purposes or converii7rr7to earlier J, -\SU lY WORT: AUTHORIZATIONS 21-459 S EDB Architects JRC Fire Status #7 AS 2 Rev 120622.docN 40F 6 digital versions, as requested by the client, will be billed as an additional service and shall be invoiced at the applicab a hourly rates Inciudeti herein. 14. As -Built Survey Requirements: a) Client stall. coonwith Carter Associates, Inc, to ensure the site area is accessible, and as -built field work Is permitted to be completed in a time efficient manner and not in a piece meal fashion. o 6tpose ail water, force and irrigation mains at 100 feet intervals, al changes of directi ,all fittings and valves, or provide other suitable arrangement for accurate utfty location -NOTE: Stand Pipe If one inch (1") diameter or greater can be utilized if labeled and placed vertical! 00 top of main arid/or fittings. o) Pump out, drain, dewater, or otherwise make all structures snd pipes dear and free of water, sail or debris, so accurate location and elevations of structure bottoms, inverts, grates and tops can be obtained. d) Final grade is achieved prior to requesting embankment it earthwork as-builts. a) Adequate notification and time is given to Carter Associates, Inc. for field work and as -built drawing preparation. The time frame should be coordinated and established prior to the end of construction. . .... 15. PURSUANT TO SECTION 5W.0035 FLORIDA.. STATUTESI THE CONSULTANrS CORPORATION I THE RESPONSIBLE PART'S FOR THE PROFESSIONAL SERVICES JT AGREES T`O NIDE :U NDER THIS: AGREEMENT. NO INDIVIDUAL PROFESSIONAL. EMPLOYEE, AGE T, DIR.ECTC} , OFFICER OR PRINCIPAL MAYBE . INDIVIDUALLY. LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT. CARTER ASSOCIATES INC. FEBRUARY 2022 RATE SCHEDULE Staff Type: ,;_,,, _ _ Hourly Rates 178 J: 8URWY WORK AUTHORIZATIONS.21459 S EDB Architiets_MC Fire Sf9tiWO AS2Xiv.. t 32.docx Sop6.:..... Engineer (Principal) $185.00 Engineer 1 $165.00 Engineer 1A $160.00 Engineer II $150.00 Engineer III $135.00 Engineer IV $125.00 Engineer V $110.00 Surveyor (Principal) $185.00 Surveyor (Sr. Consultant) $160.00 Surveyor 1 $160.00 Surveyor II $145.00 Surveyor III $125.00 CAD/GIS Tech 1 $125.00 CAD/GIS Tech 11 $120.00 CAD/GIS Tech 111 $115.00 CAD/GIS Tech IV $110.00 CAD/GIS Tech V $100.00 Administrative Staff $ 75.00 Expert Witness $350.00 4 Man Survey Crew $200.00 3 -Man Survey Crew $175.00 2 -Man Survey Crew $150.00 1 -Man Survey Crew $120.00 Inspector $ 90.00 It Systems Administrator $100.00 SPECIALIZED EQUIPMENT: Leica HD P40 Scanner $175.00/Hour Aluminum Boat $500.00/Day All -Terrain Vehicle (ATV)/Trailer $250.00/Day $1,OOO.0O/Week REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost Blueprints/Blackline (24" x 36") $2.00/Each Color Prints (24"x36) $5.00/Each Mileage IRS Standard Rate Mylar $7.00/Each Photocopies: 8.5" x 11" 15¢/Each 8.5" x 14" 25¢/Each 11" x 17" 35¢/Each Concrete Monuments $20.00/Each Rebar $ 2.50/Each Laths $ 0.75/Each Hubs $ 1.00/Each Sub -Consultants Cost + 10%fl Note: These hourly billing rates will remain effective for the duration of this agreement 179 J,WRVEY WORK AUrHORIZATIONS,21459 S EDB Architects -IRC Fire Station #7 AS 2 Rev 120622.docx 60F 6 SURVEY WORK AUTHORIZATION CARTER ASSOCIATES, INC. Consulting Engineers & Surveyors 1708 21 It Street Vero Beach, FL 32960 772-562-4191 772-562-7180 Fax CLIEN JOB NO.: EDB Architects 21-459 S Additional Services #3 BILLING ADDRESS: PHONE # 772-569-0035 x109 c/o John Binkley FAX # 65 Royal Palm Pointe, Suite D CELL # Vero Beach, FL 32960 Email: Todd H@mbveng.com DATE ORDERED: 01/30/2023 . EST. COMPLETION DATE ASAP ORDERED BY: TAKEN BY: EST. COST: Todd Howder, MBV En ineering David E. Lueth'e, PSM/mc $ 2,995.00 JOB LOCATION (Lot, Block, S/D/Sec-Twp-Rng): Part of Section 34, Township 32 S, Range 38 E. IRC. FL PROPERTY STREET ADDRESS: NE Corner of 98th Ave and 26th St, Fellsmere, FL 32948 SERVICES TO BE PERFORMED: Professional Surveying and Mapping Services: Additional Services #3 - Indian River County Fire Station #7 Wetland Locations (5) Field locate Wetlands A, B, C, D and E (approximately 122 flags) as provided by G.K. Environmental (on the attached sketch) and provide updated drawing depicting said wetlands CERTIFICATIONS: To be provided by Client FIELD BOOK PAGE # DRAWING # FIELD BOOK PAGE # DRAWING # PROJECT MGR.: COST OF PROFESSIONAL SERVICES: EDB Architects hereby agrees to pay $ 2,995.00 for the above -stated professional services within 30 days of the date of the invoice, in addition to interest of 1.5% per month (18% per year) on any balance unpaid after 30 days and any costs of collection including, but not limited to, lien costs, court costs or attorneys' fees involved in or arising out of the collection of any unpaid or past due balances. Signature: Date: Printed Name: Title: * ESTIMATED COMPLETION DATE FROM DATE OF AUTHORIZATION/SIGNATURE NOTE: Subject to "Standard General Contract Conditions" and "Hourly Rate Schedule" as they may apply. (See Exhibits "A" and "B" attached) J:\SURVEY WORK AUTHORIZATIONS\21459 S EDB Architects—IRC Fire Station #7 AS 3 Rev 013023.docx 180 1 OF 5 EXHIBIT "A" CARTER ASSOCIATES, INC. TYPICAL GENERAL CONDITIONS AND PROVISIONS 1. All fees quoted in this agreement are applicable for one (1) year from date of proposal. At that time, fees will be reviewed with the client and adjusted as necessary. 2. All fees presented are based on a one-time performance only. Fees for duplication of work or services not included in this agreement shall be invoiced at the hourly rates included herein. It is the Client's obligation to schedule work with Carter Associates, Inc., and provide appropriate, reasonable notification. The Client must provide any special instructions or stake -out preferences to the Carter Associates, Inc., office in advance. Any additional work, outside of the original scopes of services defined herein, as ordered by the client, his agents, employees or contractors, in the field, will need to be confirmed by Carter Associates, Inc. and authorized by the client. 3. All surveying performed will be in complete compliance with Standards of Practice for Surveying in the State of Florida. 4. Client is required to provide Carter Associates, Inc., with architectural and structural drawings in PDF format and AutoCAD formats for site planning purposes. If AutoCAD copies are not provided the client will be billed time and material for re-creation of said drawings. 5. Carter Associates, Inc. warrants that diligent efforts will be made to make a complete and accurate survey/residential site plan for Client/Builder use for submittal to the Department of Health, Building and Engineering Departments for various approvals. One revision of standard departmental review comments is included. However, revisions required to surveys/site plans due to agency staff preference, policy, or interpretation contrary to Carter Associates, Inc., will be billed as additional work in accordance with the attached rate schedule. 6. Any professional services required to facilitate the completion of the services contained in this contract, i.e., outside consulting services, photo reductions, postage charges, reproductions, fax transmissions, etc., are not included in the contract price. Any such required services will be provided by the Client, or if provided by Carter Associates, Inc., will be reimbursable at cost plus 10%. 7. Invoices issued are due upon receipt. Suspension of work will occur when any invoice becomes 90 days delinquent. Interest at 1.5% per month or 18% per annum will be charged on any invoice 30 days past due. 8. In the event of default of any of the payments due herein under the contract and if it is necessary that this contract be turned over to an attorney or collection agency for collection, the accepting party of this proposal agrees to pay reasonable attorney's fees plus all court costs. 9. Proposals including construction layout services shall be based on the site being sufficiently cleared of all underbrush and/or debris prior to construction layout. Any services need for clearing shall be performed at the specified hourly rate according to the Hourly Rate Schedule attached hereto. 10. Professional liability insurance (errors and omissions) in the amount of $1,000,000.00 will be provided. The cost of any additional coverage requested by Client in excess of this amount shall be borne by the Client. It is understood that Carter Associates Inc. is not responsible for any site affiliated hazards and/or liabilities. 11. It is understood that the fees quoted in this contract are predicated on the client providing Carter Associates Inc. with copies of all previous work performed for the subject parcel relative to surveys, calculations, title work and permit applications/acquisitions, if applicable. 12. The field work, and/or survey drawings, and/or -documents prepared by Carter Associates, Inc. shall be the sole property of Carter Associates, Inc. until payment on any unpaid balance is made in full. The Client agrees that until payment is made in full, the Client shall not have a proprietary interest in the field work or survey drawings prepared by Carter Associates, Inc. All original field notes, calculations and digital files will remain the property of Carter Associates, Inc. Carter Associates, Inc. shall have the absolute right to request the return of any and all drawings submitted to governmental bodies or other parties on behalf of the Client in the event of non-payment of outstanding fees by the Client per the terms of this agreement. J:\SURVEY WORK AUTHORIZATIONS\21-459 S EDB Architects—IRC Fire Station #7 AS 3 Rev 013023.docx 181 2 OF 5 13. AutoCAD Drawings: If requested, the AutoCAD file is provided solely for the convenience of the client. Carter Associates, Inc. makes no representations or warranties, either express or implied, as to its suitability for any specific purpose. While we believe this drawing file to be accurate at the time of retrieval, this media and its contents can be easily altered or corrupted either purposely or inadvertently through any number of sources. For this reason, Carter Associates, Inc., its officers, directors and employees shall be indemnified and held harmless from any and all liability that may arise or result from the use of this drawing, map, plat or sketch by any firm, employees, agents or sub -contractors. Opening and or using the file provided herein constitutes acceptance of the provisions stated herein. Standard e -transmittal of the digital files/data in Carter Associates, Inc. existing AutoCAD version is included in this contract. Any modifications to the existing AutoCAD drawing for transmittal purposes or conversion to earlier digital versions, as requested by the client, will be billed as an additional service and shall be invoiced at the applicable hourly rates included herein. 14. As -Built Survey Requirements: a) Client shall coordinate with Carter Associates, Inc., to ensure the site area is accessible, and as -built field work is permitted to be completed in a time efficient manner and not in a piece meal fashion. b) Expose all water, force and irrigation mains at 100 feet intervals, all changes of direction, all fittings and valves, or provide other suitable arrangement for accurate utility location. NOTE: Stand Pipe of one inch (1") diameter or greater can be utilized if labeled and placed vertically on top of main and/or fittings. c) Pump out, drain, dewater, or otherwise make all structures and pipes clear and free of water, soil or debris, so accurate location and elevations of structure bottoms, inverts, grates and tops can be obtained. d) Final grade is achieved prior to requesting embankment / earthwork as-builts. e) Adequate notification and time is given to Carter Associates, Inc. for field work and as -built drawing preparation. The time frame should be coordinated and established prior to the end of construction. 15. PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE CONSULTANT'S CORPORATION IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT. 182 EXHIBIT "B" CARTER ASSOCIATES, INC. FEBRUARY 2022 RATE SCHEDULE Staff Tvae: Hourly Rates Engineer (Principal) $185.00 Engineer 1 $165.00 Engineer 1A $160.00 Engineer II $150.00 Engineer 111 $135.00 Engineer IV $125.00 Engineer V $110.00 Surveyor (Principal) $185.00 Surveyor (Sr. Consultant) $160.00 Surveyor 1 $160.00 Surveyor II $145.00 Surveyor 111 $125.00 CAD/GIS Tech 1 $125.00 CAD/GIS Tech II $120.00 CAD/GIS Tech III $115.00 CAD/GIS Tech IV $110.00 CAD/GIS Tech V $100.00 Administrative Staff $ 75.00 Expert Witness $350.00 4 Man Survey Crew $200.00 3 -Man Survey Crew $175.00 2 -Man Survey Crew $150.00 1 -Man Survey Crew $120.00 Inspector $ 90.00 It Systems Administrator $100.00 SPECIALIZED EQUIPMENT: Leica HD P40 Scanner $175.00/Hour Aluminum Boat $500.00/Day All -Terrain Vehicle (ATV)/Trailer $250.00/Day $1,000.00/Week REIMBURSABLE EXPENSES Postage, Express Mail, etc. Cost Blueprints/Blackline (24" x 36") $2.00/Each Color Prints (24"x36) $5.00/Each Mileage IRS Standard Rate Mylar $7.00/Each Photocopies: 8.5" x 11" 15¢/Each 8.5" x 14" 25¢/Each 11" x 17" 35¢/Each Concrete Monuments $20.00/Each Rebar $ 2.50/Each Laths $ 0.75/Each Hubs $ 1.00/Each Sub -Consultants Cost + 10% Note: These hourly billing rates will remain effective for the duration of this agreement. J:\SURVEY WORK AUTHORIZATIONS\21-459 S EDB Architects IRC Fire Station #7 AS 3 Rev 013023.docx 183 4 OF 5 J:\SURVEY WORK AUTHORIZATIONS\21-459 S EDB Architects—IRC Fire Station #7 AS 3 Rev 013023.docx 5 OF 5 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael C. Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Laura Leigh Yonkers, P.E., Stormwater Division SUBJECT: Jones Edmunds WO No. 3 for conceptual re -design of a Stormwater Treatment Facility's headworks at Egret Marsh Stormwater Park DATE: February 10, 2023 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners (BCC) approved the Continuing Contract Agreement for Continuing Engineering Services with Jones Edmunds & Associates, Inc. (JONES) for professional water resource engineering support services. The original contract was for three (3) years with an option for one (1) two-year extension at the County's discretion. This contract was renewed for the additional two (2) year period beginning on April 17, 2021. Staff has requested JONES provide a conceptual design proposal to re -design the headworks for the Egret Marsh Stormwater Park. The Stormwater Park currently uses an Algal Turf Scrubber (ATS) to remove nitrogen and phosphorus from the Indian River Farms Water Control District (IRFWCD) drainage canals, increasing the County's ability in meeting the Total Maximum Daily Load (TMDL) reductions for nutrients discharged into the Indian River Lagoon as required in the Central Indian River Lagoon Basin Management Action Plan (BMAP). The headwork's distribution system is currently leaking and the current design requires extensive maintenance and repairs. This agenda item is to request the BCC considerJONES WO No. 3 to provide a conceptual re -design of this stormwater treatment facility's headworks to provide a simplified design that will eliminate leaks and reduce maintenance. JONES WO No. 3 proposes the re -design of the headworks from an underground header pipe system with 114 valves and tees to an above ground trough overflow weir system or similar design. This will provide the ATS with an even distribution of the 10 million gallon per day flow from the Indian River Farms Water Control District Later D drainage canal, while limiting the number of mechanical parts and failure points. WO No. 3 is billed as a lump sum cost not to exceed $81,619.00 185 JONES Workorder No. 3 February 21, 2023 BCC Meeting FUNDING Funding for professional water resource engineering support services is budgeted and available in the following accounts. Account Name Account No. Amount Optional Sales Tax/Stormwater/Egret Marsh Manifold System 31524338-066510-21027 $81,619.00 RECOMMENDATION Staff recommends that the Board of County Commissioners approve WO No. 3 with JONES forthe conceptual re -design of the headworks for the Egret Marsh Stormwater Facility. ATTACHMENTS JONES Egret Marsh Headworks Workorder No. 3 Workorder No. 3 Execution Agreement APPROVED AGENDA ITEM FOR: February 21, 2023 im February 10, 2023 Laura Yonkers, PE, CFM Ivonkers@ircgov.com Indian River County Engineering - Stormwater Division 1801 27th Street, Building A Vero Beach, FL 32960 RE: Exhibit A - Scope of Work Work Order No. 3 for Egret Marsh Headworks Professional Services Continuing Engineering Services Agreement (Amendment No.1) Jones Edmunds Opportunity No. 95479-013-23 Dear Ms. Yonkers: Thank you for this opportunity to work with you and your colleagues on the Egret Marsh Headworks project. This Work Order will be completed in accordance with the Agreement for Continuing Engineering Services between Jones Edmunds & Associates, Inc. (CONSULTANT) and Indian River County (COUNTY) dated April 17, 2018, as renewed by Amendment No. 1 expiring April 16, 2023 (Agreement). BACKGROUND The COUNTY has two stormwater treatment systems that use an Algal Turf Scrubber (ATS) to remove nutrients: Egret Marsh Stormwater Park and Osprey Marsh Wetlands. This project is proposed to replace the distribution header pipe on the ATS for the Egret Marsh Stormwater Park. The current Egret Marsh ATS system allows water to flow from the headworks by gravity to a tee and then split the flow to two buried distribution manifolds. Each distribution, -manifold is approximately 168 linear feet, and is shown on the plans to reduce in size from 36 -inch high-density polyethylene (HDPE) to 18 -inch HDPE, to 12 -inch HDPE, to 10 -inch HDPE, and ultimately to 8 -inch HDPE. Each manifold connects to 57 laterals that increase in size from 4 -inch HDPE to 6 -inch HDPE, to 8 -inch HDPE (see attached design drawings C -5A and C -5B). The lateral transitions from HDPE to PVC piping. Each lateral terminates with a Valterra PVC knife gate. The COUNTY noted that the current distribution manifold is leaking water. The ATS concrete slab may also be leaking, and the concrete joints may need to be resealed. The operation and maintenance of the current manifold system can be laborious given the number of valved laterals and their locations underground. The COUNTY would like to replace the distribution manifold system with an improved aboveground system that Laura Yonkers, PE, CFM February, 2023 Page 2 provides even flow distribution across the ATS, with fewer valves, simpler opemtlon,.anit less maintenance. Work performed under this Work Order will include developing Contract Documents for developing the Egret Marsh Headworks design and performing the ATS concrete slab repair and joint sealing. In addition, certified signed & sealed as-builts will be provided. EXHIBIT A SCOPE OF WORK TASK 1 — PROJECT MANAGEMENT, MEETINGS, AND COMMUNICATIONS The CONSULTANT will be involved in project management with the COUNTY throughout the project. Project management will include planning, coordination, communications, accounting, and general reporting. In addition, the CONSULTANT proposes meetings as follows: A Kickoff Meeting with the COUNTY. The Kickoff Meeting will address the following items: ■ Identify the roles and responsibilities for the CONSULTANT and COUNTY personnel.: ■ Review the project purpose and objectives. ■ Discuss critical success factors and County's vision for the project. ■ Discuss available data. We will provide a list of data we may need noting we have received available drawings already. ■ Review the project schedule. ■ Discuss deliverables. The CONSULTANT will participate in one additional deliverables review virtual meeting during the Task 2 design phase of the project (timing to be determined by COUNTY). The CONSULTANT team will participate with COUNTY staff to note and address suggestions and comments on the deliverables. The CONSULTANT will also communicate with the COUNTY via telephone, email, and written correspondence on a regular and on-going basis. COUNTY Responsibility: ■ Meet with the CONSULTANT. ■ Address data requests. Deliverables: ■ Data request for Kickoff Meeting. ■ Meeting agendas and summaries. im Laura Yonkers, PE, CFM February, 2023 Page 3 TASK 2 — BASIS OF DESIGN The CONSULTANT will develop a Basis of Design Technical Memorandum (TM) and Contract Documents (Drawings and Specifications) for the project. No permit applications are expected since this is assumed to be a maintenance project. The TM will present conditions, calculations, and concepts. The Drawings will consist of General, Civil, and Structural Drawings. No electrical engineering is expected. Drawings will be prepared using the CONSULTANT's presentation standards. COUNTY -provided project details will be used to the extent practical. The preliminary lists of drawings and specifications below are the basis for our design fee estimate. Drawing No. Title G-1 Cover Sheet G-2 Drawing Index, Legend, and Abbreviations G-3 General Notes C-1 Existing Conditions and Demolition Plan C-2 to C-3 Distribution Manifold Plan C-4 to C-5 Distribution Manifold Details S-1 Structural Notes S-2 Structural Plan S-3 to S-4 Structural Details ■ Site plan sheets will be prepared with the following scales: Horizontal: 1 inch = 20 feet (full-size 22 -x -34 -inch); and 1 inch = 40 feet (half-size sheets 11 -x -17 -inch). ■ Sections and details will be prepared with the following scales: Vertical: 1 inch = 5 feet (full-size 22 -x -34 -inch); and 1 inch = 10 feet (half-size sheets 11 -x -17 -inch). The CONSULTANT will develop one set of Technical Specifications in the Construction Standards Institute 16 -Division format. The Specifications will be in the CONSULTANT's standard format and will be tailored to the needs of this project. ■ Division 0 — Front End Documents (provided by the COUNTY) ■ Division 1 — General Requirements ■ Division 2 — Site Construction ■ Division 3 — Concrete ■ Division 9 — Finishes (Painting and Coating) ■ Division 15 — Mechanical (Piping and Utilities) 189 Laura Yonkers, PE, CFM February, 2023 Page 4 Task 2 will consist of three submittals — Basis of Design TM, 75%, and Final Design deliverables. The CONSULTANT will participate in a review meeting scheduled during Task 2 at the County's discretion to discuss and obtain comments from COUNTY following Submittals. Changes agreed to will be incorporated into the Final Design Submittal documents. BASIS OF DESIGN TM The TM will be submitted to County for review and comment and will include the following: ■ Summary of relevant existing conditions. ■ Assumptions. ■ Hydraulic calculations for the new headworks. ■ Conceptual sketches of new aboveground headworks alternatives that provide even flow distribution across the ATS with fewer valves, simpler operation, and less maintenance. ■ Sketches supporting ATS concrete slab repair and joint sealing. ■ Engineer's Opinion of Probable Construction Cost. COUNTY Responsibility: ■ Review and provide feedback on the Basis of Design TM. ■ Possible meeting with the CONSULTANT to review the Basis of Design TM. Deliverables: ■ One electronic copy (.pdf) of the Draft and Final Basis of Design TM. Key Assumptions: ■ The COUNTY will require a 2 -week minimum review time of the submittal. 75% DESIGN SUBMITTAL The 75% Design Submittal Package will be submitted to the COUNTY for review and comment and will include the following: ■ Design Drawings — Draft versions of the sheets listed in the table above. ■ Technical Specifications — A Table of Contents will be included in the 75% design. ■ Engineer's Opinion of Probable Construction Cost. COUNTY Responsibility: ■ Review and provide feedback on the 75% Submittal ■ Possible meeting with the CONSULTANT to review the 75% Submittal Deliverables: ■ One electronic copy (.dwf) of 75% Design Drawings. ■ Technical Specifications Table of Contents. 190 Laura Yonkers, PE, CFM February, 2023 Page 5 ■ 75% Review Meeting Summary (optional). Key Assumptions: ■ This project will not require any permitting or geotechnical engineering. ■ Repairs recommended to the slab will not require a structural engineer. ■ The COUNTY will require a 2 -week minimum review time of the submittal. FINAL DESIGN SUBMITTAL The Final Design Submittal Package will be submitted to the COUNTY and will include the following: ■ Final Design Documents: Updated Drawings and Specifications from the 75% Submittal and incorporation of any COUNTY comments. ■ Updated Engineer's Opinion of Probable Construction Cost. COUNTY Responsibility: ■ Review and provide feedback and confirm Final Design is bid -ready. ■ Possible meeting with the CONSULTANT to review the Final Design Submittal. Deliverables: ■ One electronic copy (.dwf), two signed -and -sealed full-size, and four half-size copies of the Final Design Drawings, and two signed -and -sealed copies of the Technical Specifications. ■ One electronic copy (.pdf) of the updated Engineer's Opinion of Probable Construction Cost. Key Assumptions: ■ Final Design will be submitted following the COUNTY's approval of revisions. ■ Addressing comments will take approximately 2 weeks. TASK 3 — CONSTRUCTION ASSISTANCE The CONSULTANT will provide the following services during the construction phase of the project: • Provide and certify as -built drawings based on a signed -and -sealed survey of the completed project. COUNTY Responsibility: ■ The COUNTY will provide necessary support for the Contractor to have access to the site and facilities to complete construction through County acceptance of the project. ■ The COUNTY will conduct weekly, or more frequent, construction inspections. ■ The COUNTY will conduct shop drawing reviews 191 Laura Yonkers, PE, CFM February, 2023 Page 6 ■ The COUNTY will provide engineering and design clarifications to Contractor Requests for Information (RFIs) Deliverables: ■ One electronic copy (.dwf), two signed -and -sealed full-size and four half-size copies of the As -built Drawings developed from Contractor -provided as -built survey. Key Assumptions: ■ The COUNTY will provide inspection services • Construction will be completed within 3 months of the Contractor's receipt of the COUNTY's Notice to Proceed. SCHEDULE The proposed project milestone schedule is provided in the table below. Task Duration Weeks from (weeks) Notice to Proceed Task 1 - Project Management, Meetings and Communications ALL Task 2 - Design - Basis of Design TM 4 4 .: Task 2 - Design - 75% Task 2 - Design - Final 6 16 . Tas�nstruction Assistance (As-builts) Note: The proposed scheduled is based on 2 -week review periods by the COU COMPENSATION We propose to provide the services in this Work Order No.3 on a lump -sum basis in accordance with the terms of the Agreement for a fee of $81,619 as shown below and on Exhibit B Fee Schedule. This fee estimate considers the assumptions noted above with each task. Task Task 1 - Project Management, Meetings and Communications Task 2 - Design Task 3 - Construction Assistance (As-builts) Total Lump Sum Fee $14,632 $64,000 $2,987 $81,619 WN Laura Yonkers, PE, CFM February, 2023 Page 7 If you have any questions or comments, please contact me at (561) 267-8535 or via email at blynch@jonesedmunds.com. Sincerely, William H. Lynch, PE Senior Consultant I Vice President Attachments: Exhibit B Fee Schedule Drawings C -5A and C-58 Mark Erwin, PE Senior Project Manager Y:\08620-IndianRJverCountV\Opportunities\95479-013-23_Egret Marsh Headworks\2023.02.10_IRC_Egret-Marsh-HW_v3.dooc 193 CCNA2018 WORK ORDER 3 Egret Marsh Headworks Repair This Work Order Number 3 is entered into as of this _day of '2023, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 for a three-year term, and renewed on May 18, 2021 for an additional two-year term (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Jones Edmunds & 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 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: Jones Edmunds & Associates, Inc. By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joe Earman, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Michael C. Zito, Interim County Administrator Dylan T. Reingold, County Attorney 194 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael C. Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Richard Reichenbach, P.E., Project Engineer SUBJECT: Award of Bid No. 2023018 611t Court Full Depth Reclamation (FDR) from 47th Street to 49th Street, IRC -2216 DATE: February 10, 2023 DESCRIPTION AND CONDITIONS The proposed improvements to 61St Court from 47th Street to 49th Street consist of reconstructing approximately 1300 -ft of roadway utilizing 10 -inch Full Depth Reclamation (FDR) and possibly constructing a 1.5 -inch Superpave Asphalt Concrete pavement. A bid opening for the 6111 Court Full Depth Reclamation (FDR) from 47th Street to 49th Street was held on February 2, 2023 and two (2) bids were received and opened. The project was advertised for constructing the roadway with FDR and with an alternate bid for FDR including asphalt pavement. Two (2) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the Public Works Engineering Division. Bid totals are as follows: COMPANY Base Bid Alternate Bid TIMOTHY ROSE CONTRACTING, INC., $94,042.50 $155,747.50 Vero Beach, FL RANGER CONSTRUCTION INDUSTRIES, INC., $ 135,349.80 $191,463.75 Fort Pierce, FL Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the Base Bid of the project with a bid totaling $94,042.50, which is $14,042.50 above the Engineer's Cost Estimate of $80,000.00. Timothy Rose Contracting, Inc. is also considered to be the lowest, responsive, responsible bidder for the Alternate Bid of the project totaling $155,747.50. Timothy Rose Contracting, Inc. has completed various projects within the County in a satisfactory manner. FtMnlmr, Funding is budgeted and available in Account No. 31521441-066510-23004 Optional Sales Tax/ 61st Ct Full Depth Reclam/Pav in the amount of $155,747.50. 195 C:\Granicus\Legistar5\L5\Temp\e6a 79573-01fc-4874-92c7-79558ffa4c98.docx PAGE Award of Bid No. 2023018, 61st Court Full Depth Reclamation (FDR) from 47th Street to 49th Street, IRC -2216 For February 21, 2023 BCC Meeting RECOMMENDATION Staff recommends that the Alternative Bid in the amount of $155,747.50 for reconstruction the base layer using FDR including a layer of asphalt pavement to be awarded to Timothy Rose Contracting, Inc. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement AGENDA ITEM FOR FEBRUARY 21, 2023 Pagel9e C\G ra nicus\Legistar5\L5\Temp\e6a 79573-01fc-4874-92c7-79558ffa4c98.docx dc811697-64a3-4787-9a00-eac304180b16 61st Court Full Depth Reclamation (FDR) SAMPLE AGREEMENT THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed improvements to 61st Court from 47th Street to 49th Street (approximately 1300 feet in length and 18 feet wide) consisting of reconstructing the roadway utilizing Full Depth Reclamation (FDR). ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: 61st Court Full Depth Reclamation (FDR) From 47th Street To 49th Street, (IRC -2216) Bid Number: 2023018 Property Address: 61ST Court, VERO BEACH, FL 32967 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 30th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceedingthe actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall Page 1 of 8 197 dc811697-64a3-4787-9a00-eac304180b16 61st Court Full Depth Reclamation (FDR) pay OWNER $882.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.8, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ Written Amount: ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. Page 2 of 8 198 dc811697-64a3-4787-9a00-eac304180b16 61st Court Full Depth Reclamation (FDR) A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. Page 3 of 8 199 dc811697-64a3-4787-9a00-eac304180b16 61st Court Full Depth Reclamation (FDR) G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2023018; (6) Addenda (numbers to , inclusive); (7) CONTRACTOR'S Bid Form; (8) Bid Bond; (9) Qualifications Questionnaire; (10) Drug Free Workplace Form; (11) Affidavit of Compliance; (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (14) Certification Regarding Lobbying; (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). (16) Attachment A - Geotechnical ARTICLE 9 - MISCELLANEOUS 9.01 Terms Page 4 of 8 200 dc811697-64a3-4787-9a00-eac304180b16 61st Court Full Depth Reclamation (FDR) A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of Page 5 of 8 201 dc811697-64a3-4787-9a00-eac304180b16 61st Court Full Depth Reclamation (FDR) the contract term and following completion of the contract if the contractor does not#ransfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127 1h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10 - TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contractor under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3)if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. Page 6 of 8 202 dc811697-64a3-4787-9a00-eac304180b16 61st Court Full Depth Reclamation (FDR) B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1)the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2)such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR 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 CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Page 7 of 8 203 dc811697-64a3-4787-9a00-eac304180b16 61st Court Full Depth Reclamation (FDR) IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). I:SP.9►14 A INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman By: Michael C. Zito, Interim County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Kirstin Leiendecker Title: Assistant Public Works Director Address: 1801 27th Street Vero Beach, Florida 32960 Phone: 772-226-1327 Email: kleiendecker@ircgov.com CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Page 8 of 8 204 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Michael C. Zito, Interim County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Release of Retainage — Ceres Environmental Services, Inc. — Hurricane Ian Debris Monitoring (IRC -2223) DATE: February 13, 2023 DESCRIPTION AND CONDITIONS On April 21, 2020, the Board of County Commissioners awarded the Agreement for Disaster Debris Management Services to Ceres Environmental Services, Inc. and on March 15, 2022 approved a two-year renewal to the agreement. Hurricane Ian made landfall on September 28, 2022 and on October 11, 2022, based on debris that had accumulated and FEMA's approval for debris removal expenses, the Board of County Commissioners approved mobilizing Ceres for emergency debris removal and disposal. Hurricane Ian debris removal has been completed and Ceres Environmental Services, Inc. has been paid $125,918.03 to date for removal and disposal of 11,995.85 cubic yard of vegetative debris. Ceres Environmental Services, Inc. has submitted Invoice No. C3937_0002, dated February 9, 2023 in the amount of $13,990.91 for release of all withheld retainage. FUNDING Funding in the amount of $13,990.91 is available in Account No. 411-206000- 22601/SWDD/Retainage —Ceres Environmental/Hurricane Ian. RECOMMENDATION Staff recommends the Board of County Commissioners approve the release of all withheld retainage to Ceres Environmental Services, Inc. and authorize payment of Invoice No. 3937_0002 in the amount of $13,990.91. aTTArwMFNT Ceres Environmental Services, Inc. Invoice No. C3937_0002 AGENDA ITEM FOR FEBRUARY 21. 2023 205 C:\G ran i c u s\Legi sta r5\L5\Tem p\6027bf75-2013-48 b4-bc6c-7b9dfb045603.d ocx RETENTION INVOICE Ceres Environmental Services, Inc. dba Environmental and Demolitions Services Group 6968 Professional Parkway East Sarasota, FL 34240 :. . Phone: (763) 425-8822 Fax: (763) 493-9103 Indian River County BOCC Jennifer Hyde - Purchasing 1800 27th Street Vero Beach, FL 32960 3937- Indian River County, FL_Disaster Debris Removal 8 Disposal 02/09/2023 1 2 1 C3937 0002 1 2/9/2023 1 Due Tipping Fees Sebastian River Farms $613.02 100.00% 0-15 Miles Veg from ROW to DMS $7,183.84 100.00% 16-30 Miles Veg from ROW to DMS $797.33 0.00% 100.00% 0-15 Miles Veg from ROW to DMS (No management/re $148.47 0.00% 100.00% Grinding/chipping vegetative debris $2,882.17 0.00% 100.00% Debris Preparation, management, and segregation at D $1,612.06 0.00%.. 100.00% 0-15 Miles from DMS to Final Disposal $754.02 100.00% 0.00% $613.02 0.00% $7,183.84 0.00% $797.33 0.00% $148.47 0.00% $2,882.17 0.00%.. $1,612.06 0.00% $754.02 Remit to Address Total Ceres Environmental Services, Inc. Plus Sales Tax: dba Environmental and Demolition Services Group 3825 85th Avenue North Total Due This Invoice : $13,990.91 . .. . .. . . Brooklyn Park, MN 55443 206Page 1 of 1 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Michael Zito, Interim County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Quintin Bergman, M.S. Environmental Specialist SUBJECT: Work Order No. 8 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County DATE: February 10, 2023 BACKGROUND AND DESCRIPTION On October 10, 2017 the Indian River County Board of County Commissioners (Board) approved a continuing services contract with Ecological Associates Inc., (EAI) for environmental and biological support services for a two-year term, through October 10, 2019 with the option for 2 two-year renewals. On October 15, 2019 and on October 5, 2021 the Board approved renewals of the continuing services contract with EAI for environmental and biological support services for two additional two-year terms, through October 10, 2023. EAI is the selected consultant for professional environmental services related to the County's Habitat Conservation Plan for Nesting Sea Turtles (HCP). The HCP requires the County to coordinate continuous countywide sea turtle nest monitoring with local stakeholders and/or property managers annually from March 1— October 31. The proposed Work Order No. 8 provides biological monitoring services relative to sea turtle nest monitoring and reporting along approximately 10 miles of intermittent shoreline from FDEP R17 to R20 and R68 to the Indian River/St. Lucie County Line. These 10 miles represent the portions of Indian River County's beaches that are not currently required under a beach construction permit to monitor for sea turtle nesting activity. Work Order No. 8 services will be performed by the consultant at a fixed rate cost not to exceed $118,770.70 for sea turtle monitoring and reporting. FUNDING Local funding for implementing the County's HCP is budgeted through the Beach Restoration Fund. Funding for Work Order No. 8, in the amount of $118,770.70 is budgeted and available in Other Professional Services Account No. 12814472-033190-99007. Account Name Account No. Amount Other Professional Services 12814472-033190-99007 $118,770.70 C:\Granicus\Legistar5\L5\Temp\94c51bc0-d430-4f3c-ac18-f5186c320c62.docx 207 Page 2 BCC Agenda Item for February 21, 2023 HCP Sea Turtle Nest Monitoring RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 8 to the contract with Ecological Associates, Inc. in the amount of $118,770.70, and authorize the Chairman to sign on behalf of the County. ATTACHEMENT 2023 EAI WO#8 Sea Turtle Monitoring Proposal 2023 EAI WO#8 Agreement Execution APPROVED AGENDA ITEM FOR: February 21, 2023 C:\Granicus\Legistar5\L5\Temp\94c51bc0-d430-4f3c-ac18-f5186620c62.docx 208 Mr. Quintin Bergman Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 Dear Mr. Bergman: February 13, 2023 Ecological Associates, Inc. (EAI) is pleased to submit its revised Scope of Work and Cost Proposal for providing professional environmental services to Indian River County. All conditions related to this proposal shall be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support Services with the County renewed in October 2021. The new task is for sea turtle monitoring along approximately 10 miles of beach in support of the County's Habitat Conservation Plan during the 2023 sea turtle nesting season, as described in the Scope of Work presented below. This monitoring will provide baseline data for future beach nourishment projects and support long-term monitoring efforts for sea turtles along the County's beaches. Scope of Work: Task 1: Project Management and Mobilization The Survey Area consists of an approximately 0.6 -mile northern section (FDEP R-17 to R-20) and an approximately 9.5 -mile southern section (R-68 to the Indian River/St. Lucie County Line). Pre-existing survey zone boundaries will be verified and re- marked, and project -specific data sheets and a database will be created. The county will provide signs, posts, and hardware for EAI to install using centimeter accurate RT%units. An EAI project manager will oversee all fieldwork and data management operations, participate in weekly check-in meetings with the County, and consult with the County on monitoring requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. 209 Ecological Associates, Inc. — Revised Cost Proposal and Scope of Work 2 Task 2: Sea Turtle Nesting Surveys and Data Management Daily morning sea turtle nesting surveys will be conducted beginning March 1, 2023 and will continue uninterrupted through September 30, 2023. Thereafter, surveys will be performed three days per week until the last marked nest has been evaluated. Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff either on foot or using ATVs. All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email on a weekly basis to Indian River County so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #261 issued by FWC to EAI Director of Operations Niki Desjardin or Marine Turtle Permit #277 issued to Senior Scientist Joseph Scarola. All persons engaged in monitoring for Indian River County will be listed on the permits. All data will be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Weekly crawl and predation data, along with monthly summary reports will be furnished to Indian River County. These monthly reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive 210 Ecological Associates, Inc. — Revised Cost Proposal and Scope of Work 3 success, as applicable. Monthly reports will be submitted to the County on the last day of the month following delivery of services (e.g., March report due no later than April 30). Task 3: Nest Marking and Monitoring A representative sample of nests will be marked for determination of nest fate and reproductive success (not to exceed 290 nests total in the entire Survey Area). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). Task 4: Nest Protection EAI will barricade and protect sea turtle nests deposited in areas of concern designated by the County. Nests will be conspicuously marked for avoidance with a series of stakes and surveyor's tape and be monitored throughout the season. These nests will not be excavated for reproductive success purposes. Nest protection will be billed at $25.00 per nest (EAI estimates 110 total nests requiring protection). Task 5: Reporting EAI will prepare the marine turtle permit -required Index Nesting Beach Survey (INBS), Statewide Nesting Beach Survey (SLABS), and Nest Productivity Assessment (NPA) reports for this project and submit to the County and FWC, as mutually agreed upon. EAI will submit its monthly billings for the services described above to Indian River County in accordance with the fees and schedules set forth in Attachments A and B. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity to be of continued service to Indian River County. Should you have any questions regarding the enclosed Scope of Work or associated costs, I can be reached at (772) 334-3729. Sincerely, AAO-rx lw� Grace Botson 211 Ecological Associates, Inc. — Revised Cost Proposal and Scope of Work 4 Project Manager c: Niki Desjardin/Director of Operations 212 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 REVISED COST PROPOSAL — February 13, 2023 PROJECT NAME: Indian River County HCP Sea Turtle Monitoring Program - 2023 (Project No. 23-3020) CLIENT: Mr. Quintin Bergman Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 Phone: (772) 226-1569 Email:g_bergmanairc ovxom PROJECT DESCRIPTION: Sea turtle monitoring and ancillary professional services along approximately 10 miles of beach in support of Indian River County's Habitat Conservation Plan, as described in EAI's Scope of Work dated February 13, 2023. PROJECT DURATION: March 2023 — December 2023. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task Description Cost Shared Project Costs 1 Project management and mobilization $5,851.00 Subtotal 1 $5,851.00 North HCP Area 2a Sea turtle monitoring and data management 240 days) $20,650.00 3a Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate, not to exceed 60 nests at $68.19/nest $4,091.40 4a Nest protection not to exceed 10 nests $250.00 5a Reporting $1,001.00 Subtotal $25,992.40 South HCP Area 2b Sea turtle monitoring and data management 240 days) $65,589.60 3b Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate; not to exceed 230 nests at $68.19/nest) $15,683.70 4b Nest protection not to exceed 100 nests $2,500.00 5b Repo in $3,154.00 Subtotal $86.927.30 TOTAL not to exceed $118,770.70 213 Ecological Associates, Inc. — Revised Attachment A 2 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support Services renewed in October 2021. 214 �s 9-- fin R C) v o o IT a O o 0 0 N PR h00 O N 00 1 -- en M In W N M �O D � 64 69 64 O O O O o O O o 0 O kn %n 0 0 0 0 0 .. N C C C O y yh vi C O N l-- in N %10 In wl M w N M O W) � L; d N O O rte'+ Q N tn N �o O1 m N 00 N to N ~ C -+ 69 es 6s 0 0 �I 1 y 0 M O Cl IIO rA Ga O O O O O O O O O m 0 0 0 It 0 ^; 0 0 cp N O rA it y N O 00 O F atw �O C1 %0 N 01 O M o „ d 69 69 69 6s o fWD 69 w Gc1 a UA U 6o9 w � � a z x o 4 N o � 'y U a Fr b4 a A b rA U x PLO N � a C ani p, waawV.waaCXP. N cd N U N 0 p.. 0 z y a S A F 9-- fin R C) v o o IT O ' + O -- N PR h00 O N O ON O In W N M �O ao 64 69 64 O O O o O O o 0 O kn %n 0 0 0 0 0 .. N C C C O "D vi C O N l-- in N %10 In wl M N M W) � 6-SfA614� rte'+ Q N tn N N 00 N to N ~ M -+ 0 0 0 0 0 0 0 M O Cl IIO O O O O O O O O O O m 0 0 0 It 0 0 0 0 cp N O N -- vi O 00 O CC �O C1 %0 N 01 O M I� 69 69 69 6s 69 69 69 (!i 69 UA 6A 6o9 o � � o 4 'y U Fr b4 H C~ P4 rA U PLO a p, waawV.waaCXP. d S A on A b � •o bo � o � o � o �� o N cd N O Q rril., F o b wzwz 0 h Icd' F N O C cd CA zwz 0 N M PW w 'IT C� F 9-- fin R o 0 o r�,� O\ M O 'I [� h00 to O In W N M �O ao 64 69 64 O O o O O O O O O oo�o(=r- C vi O M C C O ++ �O V) In �o M W) rte'+ Q N tn N N 00 N ~ 0 0 0 0 0 0 0 0 0 O Cl IIO O N O vi N M In O m O 69 69 69 6s 69 69 64 es 61 o � � o 4 i��i3rwwwr�v�wg a a d S A on A b � •o bo � o � o � o �� o N cd N O Q rril., O wzwz 0 h F 9-- fin R WORK ORDER NUMBER 8 PROJECT NAME: HCP Sea Turtle Monitoring 2023 — North and South County This Work Order Number 8 is entered into as of this day of pursuant to that certain Continuing Contract Agreement for Environmental and Biological Support Service, dated October 10th, 2017, renewed on October 1S, 2019 and renewed a second time on _ October S, 2021 for an additional 2 years, referred to as the ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Ecological Associates, Inc., ("Consultant"). The COUNTY has selected the Consultant to perform the Environmental Biological Support Services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The Environmental and Biological Support Service will be performed by the Consultant at a fixed rate not to exceed118 ZZO.ZO. The Consultant will perform the Environmental and Biological Support Service within the timeframe more particularly set forth in Exhibit A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provision 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: Ecological Associates, Inc. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Title: By: Joseph Earman, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Michael Zito, Interim County Administrator Approved as to form and legal sufficiency: William K. DeBraal, Deputy County Attorney 216 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Indian River County Board of County Commissioners I VIA: Dan Russell, Information Technology Director FROM: Randy King, Manager of Information Systems and Telecommunications SUBJECT: Upgrade Broadcast Pix Granite Equipment DATE: February 10, 2023 BACKGROUND: The County uses Broadcast Pix Granite equipment for the Board of County Commissioners, Planning and Zoning Commission and the Indian River Hospital District meetings. This broadcast controller is critical because it allows the broadcaster to manage multiple live feeds (5 cameras and a computer), import and overlay graphics while remaining in a live broadcast environment. ANALYSIS The current unit was purchased in early 2018 and is running an outdated and unsupported operating system and has experienced hardware failures over the past 3-4 months. When the hardware malfunctions the unit overheats, which causes the system to reboot and the broadcast engineer loses control of the cameras, then has to re -program the settings. Replacing this unit will not only address the hardware failures but brings the studio up to current industry and cybersecurity standards. FUNDING Although not currently budgeted, a budget amendment from Information Technology/Cash Forward- Oct 1s' will be posted at a later date. The expenses will be charged to Information Technology/Information Systems/Other Equipment (Acct# 501-166002) for $32,996.25 and Information Technology/Information Systems/Other Professional Services (Acct#50524113- 033190) for $4,639.70 RECOMMENDATION Staff recommends that the IRC Board of County Commissioners approve the purchase of the new Broadcast Pix GX with the option of returning the existing unit to receive the $10,987.75 credit. ATTACHMENTS Quote for Indian River Upgrade GXH v2.pdf DISTRIBUTION Jennifer Hyde, Purchasing Manager Kristin Daniels, Director, Office of Management and Budget 217 . N .. 4 N N h. N N V! w c �tCL Ln 3j j5E K H 1-4 d N Obi m v}'•N CL w pqg O N O�1 v tm0 M a an '^ m m of p � x F- m .. ... -. Z aj o m ,. ° a a . v Z: a ° v v E m N v 3 a � x -o E ° o c a a a c m W L L C o L a y aJ oU � v Y VI O aJ a a) L m 4.1 ° ^; U a a E a ai .. .. U c v u m O \ cL >c 3 ° o -o > o ° cL a g Q .. ... oo m D `- °D ° c o _ o cr Y N N V° o X > Y C cu a v = a o m v o c .. m u O. a3 a p O: E N .� two E c m 3 . c`E m U N V o L y 'E V o. f�a -O of C O L C { m E v o .� m N v y m o 3 v O a v o c o " c v O y L m c o° c oc x y E N G a)o o a) E w "O c L fo y O. LL a° E a a Oaltu fI1 V al O .. n L u? o Q 3 v > L u 'o V 7 a1 -z~ '� ami o - N L N c C N+ m E Y C l N H a u O U ON O u R 'O' L a a N m c�� � r1 _H O a L o tw O C7 ao u .-, ¢ m v�; d E w C7 O10 .. X W N Cr E N F WT co N Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: February 7, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Robert J. Tobar, EI, Utility Design Engineer Subject: North County Water and Sewer Project Phase 2 Bid No. 2021019, Change Order #2 — to Centerline, Inc. Background/Analysis: On April 20, 2021, the Board of County Commissioners (BCC) awarded the bid to Centerline, Inc., for the North County Water and Sewer Project Phase 2 in the amount of $3,881,269.00. On June 22, 2021, Change Order No. 1 (for increased material costs) was executed for $159,297.70, bringing the total contract cost to $4,040,566.70 and total project cost to $6,880,424.61. The project began on June 28, 2021, and is nearing completion. During the construction phase of the project, staff was made aware that since the original road surfacing quantities were calculated, the right- of-way permit conditions resulted in roadway restoration that was over the original estimates. As a result, staff is asking for approval of Change Order #2 to increase the price of the contract by $260,866.00, increasing the contract cost from $4,040,566.70 to $4,301,432.70. The overall project cost of North County Water and Sewer Project Phase 2 comes to $7,141,290.61. Funding: Funding for the North County Water and Sewer Project Phase 2, in the amount of $7,141,290.61, will be divided amongst all of the project funding, such as grants, Utilities impact fees, and Optional Sales Tax, as outlined below: Revenue Source Account Name Account Number Amount FDEP Water Quality Grant Optional Sales Tax/ Wastewater $ 3,250,000.00 IR Lagoon Cost Share Grant Collection/ Sebastian Phase II 31526836-066510-17513 $ 204,017.69 SJRWMD Water & Sewer $ 1,346,517.00 IRC Optional Sales Tax $ 561,996.00 Utilities Impact Fees/ Sebastian Assessments 473-169000-17513 $ 361,889.36 Phase II Water & Sewer ARP Fund/Sebastian Phase II Water American Rescue Plan 13821936-066510-17513 $ 1,416,870.56 & Sewer Total Project Funding: i $ 7,141,290.61 Recommendation: Staff recommends the Board of County Commissioners approve Change Order #2 in the amount of $260,866.00 for the North County Water and Sewer Project Phase 2 and bring the total contract amount from $4,040,566.70 to $4,301,432.70, and overall total project cost from $6,880,424.61 to $7,141,290.61. Attachment: 1. Change Order 2; Centerline, Inc. 219 WORK CHANGE DIRECTIVE PROJECT: North Countv Water & Sewer Svstem Phase 2 No. 9 DATE OF ISSUANCE: 1/10/2023 OWNER: Indian River County Utilities 1801 27th Street, Vero Beach, FL 32960 CONTRACTOR: Centerline OWNER's Project No.: UCP #3556. ENGINEER: Masteller & Moler, Inc. EFFECTIVE DATE: 12/28/2022 ENGINEER's Project No.: 1422-2 You are directed to proceed with the following change(s): Description: Asphalt restoration overrun due to ROW Permit Conditions following project bidding. Attachment(s) (list documents supporting change): See Exhibit A attached. If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Time: [ ] Time and Materials [X] Unit Prices [ ] Cost plus fixed fee Estimated increase (decrease) in Contract Price $ 260,866.00 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. [X] Contractor's records [ ] Engineer's records [ ] Other Estimated increase (decrease) in Contract Time 0 days. If the change involves an increase, the estimated time is not to be exceeded without further authorization. Once the Work covered by the directive is completed or final cost and time determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIME. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. RECOMMENDED: Masteller & Moler, Inc. APPROVED: Indian River County By: By: Engineer Date: 1/10/2023 Date: ACCEPTED: Centerline, Inc. By: Date: Contractor Owner 1/11/2023 220 EXHIBIT A Centerline, Inc. 2180 SW Poma Drive * Palm City, FL. 34990 * Phone DATE: 12/28/2022 TO: Earl Masteller, PE ATTN: Earl Masteller, PE WCD # 9 NORTH INDIAN RIVER COUNTY W&S PH2 COR # 10 7112-21-113 (561) 689:3917 * Fax (561) 689.0017 This change order request is for the billable quantity for 2" asphalt restoration as measured in the field. ITEM NO. QTY U/M UNIT PRICE EXTENSION Bid Schedule 26 Remove & Replace (Open Cut) — PavementAsphalt 2" Thick -7462 SY $ 53.00 $ (395,486.00) 70 Remove & Replace (Open Cut) — PavementAsphalt 2" Thick -176 SY 1 $ 127.00 $ (22,352.00) Subtotal $ 417 838.00 Billable Quantitv 26 Remove & Replace (Open Cut) — PavementAsphalt 2" Thick 12384 SY $ 53.00 $ 656,352.00 70 Remove & Replace (Open Cut) — PavementAsphalt 2" Thick 176 SY $ 127.00 $ 22,352.00 Subtotal $ 678 704.00 TOTAL I $ 260,866.00 Accepted: Name & Title Date 221 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: February 7, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Work Order 14 to Bowman Consulting Group, LTD. — Replacement of the NWWTF 24" Force Main Background/Analysis: The Indian River County Department of Utility Services (IRCDUS) manages five regional wastewater treatment facilities, one of them being the North Wastewater Treatment Facility (NWWTF). While no longer a functioning wastewater treatment plant, the NWWTF functions as a large wet well, which is fed by a 24" ductile iron force main that runs west to the facility from Old Dixie Highway. During a recent repair, the subject force main was found to be significantly corroded. Further excavation and visual inspection of other locations along that segment of main revealed similar distress in the pipe. Based on the findings during those inspections, IRCDUS feels the likelihood that the pipe will fail again is high. The consequence of failure is also high as it could result in a sanitary sewer overflow, which could result in fines from the Florida Department of Environmental Protection (FDEP). IRCDUS desires to utilizing Bowman Consulting Group, LTD. (Bowman) under its CCNA 2018 contract, renewed and extended in 2021, for professional services and engineering design to replace the distressed segment of this high-value asset. Tasks included in this proposal are the special purpose survey along the force main alignment, tortoise survey and relocation permitting, subsurface soils exploration, force main replacement design, permitting, bid documents and bidding assistance, and construction observation and certification. Funding: Expenses in the amount of $88,230.00 for this project will be recorded in the Utilities operating capital account Utilities/WIP/NWWTF 24" FM Replacement, number 471-169000-23503. Description Account Number Amount Utilities/WIP/NWWTF 24" FM Replacement 471-169000-23503 $88,230.00 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order 14 for Bowman Consulting Group, LTD., to provide professional services for the force main replacement in the amount, not to exceed, of $88,230.00, and authorize the Chairman to sign on their behalf. Attachment: Work Order No. 14: Bowman Consulting Group Page ,f� WORK ORDER 14 — BOWMAN CONSULTING GROUP 24" FORCEMAIN REPLACEMENT This Work Order Number 14 is entered into as of this _ day of. , 2023, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ("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 forthe 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: Bowman Consulting Grou , Ltd: By: By: Print Name: Erik Juliano, P.E. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Title: Branch Manager BCC Approved Date: Joseph H. Earman, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Michael C. Zito, Interim County Administrator Dylan T. Reingold,:County Attorney 223 Work Order #14 — Bowman Consulting Group IRCDUS 24 -inch Forcemain Replacement EXHIBIT A — SCOPE OF WORK Bowman Consulting Group (Bowman) will provide professional services to Indian River County Dept of Utility Services (Utilities) to replace a segment of 24" ductile iron forcemain between the North County Wastewater Treatment Facility (NCWWTF) site and Old Dixie Highway. During a recent repair the subject main was found to be significantly corroded. Excavation and visual inspection of other locations along that segment of main revealed similar distress. The likelihood that the pipe will fail again is high. Utilities has therefore requested that Bowman prepare an engineering design to replace this high-value asset. Bowman proposes to provide the following services: Task 1— Special Purpose Survey along the Forcemain Alignment Bowman will prepare a Limited Topographic and Tree Survey in accordance with the Standards of Practice for Surveys set forth in Chapter 5J-17.051 of the Florida Administrative Code and to the Indian River County Standards. 1. Location of the existing force main (marked by the client) from the aeration tank Northerly and Easterly to the Easterly side of Old Dixie Highway then +/- 100 feet Northerly and Southerly along Old Dixie as approximated on Exhibit "A" (Included). 2. Collect ground elevations within 20 feet each side of the force main. 3. Collect topographic data around the aeration tank. 4. Set a minimum of 2 survey control points. 5. Locate existing boundary corners to verify the East property line. 6. Locate Gopher Tortoise holes that have been designated by others. 7. Prepare a certified Topographic Survey drawing. Survey data will be presented on a copy of the site boundary as provided by the County. All work performed under this task order shall be under the direction of a Professional Surveyor and Mapper registered in the State of Florida in accordance with Chapter 472 of the Florida Statutes. Task 2 — Tortoise Survey & Relocation Permitting Bowman will provide a gopher tortoise survey of 100% of on-site suitable tortoise habitat. The survey will determine the number and location of the tortoises in the work area. A gopher tortoise relocation application will then be prepared for submittal to Florida Fish and Wildlife Conservation Commission (FWC). *Note: the professional fee for this task does not include the FWC application fee, which is based on the resident tortoise population. If necessary, Bowman will discuss fees for relocation following the tortoise survey. Task 3 — Subsurface Soils Exploration Bowman will provide a subsurface soils exploration to support the engineering design. The exploration will consist of four (4) borings to a depth of 15' along existing forcemain alignment. A geotechnical report will be provided to include bore logs, soil classification, thickness of soil layers, number of blows per foot (N Value), and groundwater depth. Deliverables Geotechnical Report. Page 2 of 4 224 Work Order #14 — Bowman Consulting Group IRCDUS 24 -inch Forcemain Replacement Task 4 — Force Main Replacement Design Bowman will prepare engineering design plans for a replacement 24" forcemain from the west side of the Florida East Coast (FEC) Railway, across the Redstick Golf Course, and into the Facility. It is understood that the replacement main will be configured to connect to a future in-line lift station. Bowman shall work with Utilities and/or their consultant to ensure a compatible design. The construction plans, including plan, profile, and construction details, and opinion of probable construction cost (OPC) will be submitted for review at the 90% level. The final construction plans and OPC will reflect staff comments. Deliverables Construction Plans, (90% and Final); and Opinion of Probable Construction Cost (90% and Final). Task 5 — Permitti At the outset of the project, Bowman will contact the Florida Department of Environmental Protection (FDEP) for a permit determination. If necessary, a wastewater general permit shall be prepared and submitted as part of this task. *Note: the professional fees for this task do not include the permit application fee. Task 6 — Bid Documents and Bidding Assistance Bowman shall prepare bid documents and specifications to support a public bid. This task shall include attendance of the pre-bid and bid opening, assistance addressing requests for information (RFI's) during the bid process, and a recommendation of bid award. Task 7 — Construction Observation & Certification Following the selection of a contractor and award of bid, Bowman shall provide construction observation and certification services. This task shall include shop drawing review, response to contractor requests for clarification (RFC's), periodic site visits, and attendance of formal inspection/testing events. Upon completion of construction the project's conformance to contract documents shall be certified to jurisdictional agencies and to IRCDUS. SERVICES AND/OR INFORMATION TO BE PROVIDED BY OTHERS Client or others will provide the following services and/or information: A. Client will make available GIS, as -built drawings, easements and other records, and field locate the subject main. B. Provide record -drawings and information of existing improvements and utility -owned facilities and other substructures. C. Coordinate access to Redstick Golf Course for survey, soil borings, and construction. Page 3 of 4 225 Work Order #14 — Bowman Consulting Group IRCDUS 24 -inch Forcemain Replacement SPECIFIC EXCLUSIONS The scope of work is limited that described above. Additional professional services may be provided by amendment to this work order. The following items are specifically excluded in the above Scope of Services/Compensation: A. Permit application fees (i.e.: FWC and FDEP); B. As -Built Survey/Record Drawings. EXHIBIT B — FEE SCHEDULE Bowman will provide the services described above for the following lump sum fees: Task 1— Special Purpose Survey $ 14,290.00 Task 2 — Listed Species Survey $ 4,370.00 Task 3 — Subsurface Soils Exploration $ 5,520.00 Task 4 — Engineering Design $ 36,950.00 Task 5 — Permitting (FDEP) $ 1,600.00 Task 6 — Bid Documents & Bid Assistance $ 4,500.00 Task 7 — Construction Observation & Certification: 521.000.00 Total: $ 88,230.00 EXHIBIT C—TIME SCHEDULE This Task Order shall commence upon Notice to Proceed (NTP) with the work to be completed as follows: Task 1— Special Purpose Survey 30 days Task 2 — Listed Species Survey 30 days Task 3 — Subsurface Soils Exploration 30 days Task 4 — Engineering Design 30 days following Tasks 1 -3 Task 5 — Permitting (FDEP) 30 days Task 6 — Bid Documents & Bid Assistance 30 days following Task 4 Task 7 — Construction Observation & Certification: Estimated 90 days from Contractor's NTP Total: 90 days plus Construction Page 4 of 4 226 1 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: February 7, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Richard Meckes, Operations Manager, Utility Services Michael Loveday, Wastewater Superintendent Subject: Synagro Dewatering and Sewage Sludge Removal Contract Price Increase Background: On February 16, 2021, the Board of County Commissioners (BCC) awarded Bid 2021021 for the operation of the Biosolids Dewatering Facility (BDF) located at the County Landfill at 1350 74th Avenue SW, Vero Beach, to Synagro South, LLC (Synagro). The facility receives domestic residuals, septage, and grease from Indian River County wastewater treatment facilities, local septic tank haulers, and recreational vehicles. Synagro will operate the BDF, haul sludge from the three County -owned wastewater treatment facilities to the facility, and be responsible for dewatering the sludge and disposing of it in the County Landfill. On February 1, 2022 the BCC approved the first annual extension of the contract, which was through February 28, 2023. On January 31, 2023, the BCC approved the extension of the contract through February 28, 2024. Article 4 of the Agreement provides an opportunity for Synagro to request a price increase in writing by January 15` of each year, to be effective for the upcoming term. Synagro has submitted a request to adjust the pricing in accordance with the CPI index (South), effective March 1, 2023. The amounts of the requested increases match the increase to CPI. The Synagro request for increase is on file in the Purchasing Division. Analysis: In order to cover expected costs for the remainder of the fiscal year, a change order to Synagro will be required. Pag 1Q7 Actual Projected Original Purchase Service Current Recommended Cost Cost Contract Order Price Price Oct. -Dec. Annual Amount Shortfall 2022 Total Sludge Hauling/Removal $0.0299/gal $0.0322/gal $122,917 $488,110 $475,000 $13,110 Per gallon (gal) Sludge Dewatering/Other $230.55/dry $248.99/dry Professional Services $101,772 $435,775 $395,000 $40,775 Per dry ton ton ton Total Change Order $53,885 Pag 1Q7 Funding: Funds for this project are derived from the Utilities operating fund. The sludge removal/hauling part of the change order will be paid from the Utilities/Wastewater Treatment/Sludge Removal account, number 47121836-044730, in the amount of $13,110, and the sludge dewatering part of the change order will be paid from the Utilities/Sludge/Other Professional Services account, number 47125736- 033190, in the amount of $40,775. Utilities operating funds are generated from water and sewer sales. Description Account Number Total Amount Utilities/Wastewater Treatment/Sludge Removal 47121836-044730 $13,110 Utilities/Sludge/Other Professional Services 47125736-033190 $40,775 Recommendation: The staff of the Indian River County Department of Utility Services recommends that the Board of County Commissioners authorize the Purchasing Manager to process a change order to Synagro South, LLC, in the amount of $53,885. 228 :.fileR.Swan �airt%din��lii�crar ,,� 4375 43rd Avenue Vero Beach, FL 32967 6-4700 The Honorable Joe Earmaln Chairman, Board of 1Mty:missioners Indian River County 1801 2r Street, Buffft A Vero Beach, FL 32960 Dear Chairman Earman: The Town of Indian River Shores entered into a contract with the Supervisor of Elections office to conduct a rrW bagot election for eleven (11) proposed charter ammWmelts. The date of the Special Referendum hW IMM Election was January 24, 2023. I am respectfully requesting to have the revenue from condUcting the January 24, 2023 Special Referendum Mail Ballot Election be rolled into the Supervisor of Elections 2022/2023 budget. The cost for conducting this election was $16,189.40 These election costs were not accounted for in our initial 2022/2023 budget. Should you have arty questions regarding the appropriation of these funds, please do not hesitate to contact me. Enclosures 230 T- M N N p Ln n o N 0 Ln 0 O O 00 O f- N ri N 00 Lr? O 0) l!1 tf1 0 0 0 O to �y 00 r; U) kp to M � N , O Ui L6 O V rn N ei ^ O 00 Ni O ei Ln M N N n O O ri ei ri e-1 IJ1 M Ol 1� N N N �O 00 u1 M N U N O e -i Ln ^� Ln N fli O 00 = N tD rr4 O O a V1 C t10 C O O V v IAC O V p L C. 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M VI V V1 0 f0 f0 ID � O C C C L L L (Q 7 O 7 m Gl i V1 N Vf N d N V O O O OC a a fl 0 o 0 O O O m U cO f6 co N m G C t G y OCL L " " Vii a M M co M O O O O rq C14 O ci Ln l0 N N N N It M N d OJ O a W LO N 0000000m00000000 In 0 o Ln Ln to u•1 to tV 0 0 v1 O O O O O N N ri O N O N O O ri 'd' ei a -I a -i N r-1 ri N i N 7 O to O H Q a Q a Q n. o. 0. g m Q a a a a m o 0 o 0 o 0 o in o 0 o o 0 o Ln o O cn o rn p 1'n o r 1 M O o 0 0 o d o ai N O M a-1 ci rl M CY N p1 ri c-1 r-1 e -i a-1 r-1 ei ri gym+ O W Q Q Q Q Q Q a M Q Q Q a n Q Q n 00000000000000�no a� ri ci o .-1 N m o ai o� N m o ao N r-1 � TH .-1 e-1 ri r Ln E L LL OJ w ,n 00 m O +1 C c L m E E E u O m O 3 O O O d c p 0 U—'' 4141 Q E O) m c c O O m 3 z N L LL L 'n c m m a w V1 3 u) n Q. yd Ql L U O H M aj cu 00 c O N O ai Y wv Ln u cc CC •] C m v- d t � C � O 'a fD t0 ai m m 00 N '� •v m Fw .0 04 1 W J d a H0 0 c c (, n 0 0 O Z 4-N0 H 0D 00 00 _ ', A w N L-0 00 IV ai v1 of O Lv_f C 00 00 O Q CL C C v N c O to crO cr +u-+ lz L m 'c O z M m m a D U U O Q F`- •L. CL_ Q) co N N N N N N N N N N N N M M M M O O N N N N O O O O O O N N N N N N O O O O N N N N N N O 0 0 0 \ O O\\\\ N N N N\\\\\ M d to o0 O O N \\\\ N N N M M w t0 Il� 0) r-1 14 ri N m rn 0 0 Q1 O N N N N N t\ ri '-i e•i e -i ri ri ri ri ri s -i r1 ri ri ri c-1 r-1 LO N MAYOR BRIAN T. FOLEY VICE MAYOR JESSE L. 'SAM' CARROLL, JR,ai COUNCIL:i JAMES M. ALTIERI AUWAE MA SMITH MARY ALICE SMITH �1 February 6, M23 Leslie Ross" Swan V FLORIDA 6001 N. State Road AI& Indian Rimer 61mm, FL 32963 (772) 231-1771 FAX (772 8 TOWN MANAGER JAMES HARPRING TOWN CLERK JANICE RUTAN TOWN ATTORNEY PETER J. SWEENEY, JR. Indian River County Supervisor of Elections 4375 43rd Avenue Vero Beach, FL 32967 Dear Leslie: On behalf of the Town of Indian River Shoms, Couto off aid Residents, I exprew. deep appreciation to you and your staff for overseeing the T~6 January 24, 2M3 Special Rei r►dum — Man. Ballat Election. We wish all elections could be handled this way. To have an Impressive 22.74% voter turnout figs. standalone municipal election was quite an accomplishment! We appreciate your assistants i In WIn#. the word out to our voters, via your informative wse, legal notices, and attentive staff. The ea process could not have run smoother. Again, our sincerer appreciation to you and your. Staff -Thank you all so trot for your work and:. dedication in making this Special Elections happenfor thie.Town ofindian River Shi Sincerely, 01 Brian Foley Mayor 236 /08 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 NAME OF INDIVIDUAL OR ORGANIZATION: Douglas DeMuth 1804 E Sandpointe Place ADDRESS: SUBJECT MATTER FOR DISCUSSION: PHONE: 215 666 3811 Sector 7 Beach Replenishment IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? 51W] YES El NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? None ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F7 YES F7VNO 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 None COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 237 NO F/r r 'f�1 if f/f ,r ff�lrrlr. k S Oil t u7 t �E � . •�, 'vat !r r e � � �• n 2 �d � t DEPARTMENTAL STAFF REPORT INDIAN RIVER COUNTY MEMORANDUM TO: Michael Zito Interim County Administrator FROM: Suzanne Boyll Human Resources Director DATE: February 14, 2023 SUBJECT: Selection of Finalists for Interview— County Administrator BACKGROUND: Colin Baenziger & Associates (CB&A) was selected to provide executive recruitment services to the Indian River County Board of County Commissioners (BOCC) for the County Administrator vacancy. The vacancy was advertised nationally and CB&A received over fifty applications for the position. They have completed screening, reference checks and credential verification to identify well qualified candidates. On Monday, February 13, 2023, CB&A provided the BOCC with candidates for consideration. The candidates are: 1. Doc Dougherty 2. Brad Gotshall 3. Don King 4. Phil Matson (internal) 5. Pat Oman 6. Don Rosenthal 7. Michael Silverman 8. Richard Szpyrka (internal) 9. John Titkanich 10. Jeff Wilkins It is requested the Board select approximately five (5) finalists and an alternate to participate in the interview process on March 2"d and March 3rd. ci 1RIMILIr•. There is no additional funding required for this item. RECOMMENDATION: Staff respectfully requests the BOCC select the finalists to be included in the interview process scheduled for Thursday, March 2nd and Friday, March V and authorize CB&A to invite the finalists to participate in the interview process. ATTACHMENT: Straw Preference Poll with Candidate Names 238 Indian River County Straw Preference Poll RE: County Administrator Candidates February 21, 2023 Please place a check mark next to your top 5 choices to interview to become your next County Administrator. Submitted by (please place a mark next to your name): ❑ Adams ❑ Earman ❑ Flescher ❑ Loar ❑ Moss 239 Candidate 1 Doc Dougherty 2 Brad Gotshall 3 Don King 4 Phil Matson 5 Pat Oman 6 Don Rosenthal 7 Michael Silverman 8 Richard Szpyrka 9 John Titkanich 10 Jeff Wilkins Submitted by (please place a mark next to your name): ❑ Adams ❑ Earman ❑ Flescher ❑ Loar ❑ Moss 239 Indian River County Summary of Preferences for County Administrator, Round # February 21, 2023 Council Member Candidate Adams Garman Flescher Loar Moss Total � = ■0000�a Rosenthalo®moo©® Silverman Titkanich vvo©v© oo�o©v Compiled by: DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM To: Michael Zito Interim County Administrator From: Suzanne Boyll-'�y.-�_ Human Resources Director Date: February 14, 2023 Subject: Approval of Agreement with Everside Health LLC for Indian River County Everside Health Center (Employee Clinic) BACKGROUND On May 11, 2021, the Indian River County Board of County Commissioners approved engaging Lockton Companies to perform consulting services related to pursuing an employer sponsored employee health clinic/wellness center. The following guiding principles were identified as important to consider during this project: o Clinic as added benefit to attract and retain employees o Care available at no or low-cost to offset member impact of premiums increase and plan design o Care needs to be convenient and easily accessible o Clinic should be financially sound, producing plan savings over time The County solicited proposals and Everside Health LLC (Everside) was selected to provide comprehensive primary care and acute care medical services to eligible employee and retiree members and dependents through a County sponsored Health Clinic/Wellness Center. At the November 1, 2022 meeting, the Board approved the recommended staffing model, hours and eligibility, and authorized Lockton to proceed with negotiating an agreement with Everside to be presented to the Board for approval. Lockton and staff have completed those negotiations and the County is ready to proceed with entering into the agreement with Everside to proceed with the establishment of the Indian River County Everside Health Center to provide health and wellness services to our eligible employees, retirees, covered spouses and dependents over 2 years of age. The agreement is for an initial five-year term with the ability to renew annually thereafter. Approved Staffing Model: • Clinic Staff: 1 Nurse Practitioner and 2 Medical Assistants 240 2 • Operating Hours: 40 hours per week; actual operating hours to be determined based on organizational need • Eligibility: All enrolled employees, retirees, spouses, and dependents 2 years and older (Approximately 3,200 lives) • Location: 2nd generation medical office space with exact location to be determined based on available facilities within the service area The initial services to be offered in the Indian River County Everside Health Center would include: • Acute or personal care: ear, nose and throat conditions, respiratory infections, gastrointestinal disorders, sprains and strains, urinary problems, rashes and lesions • Preventive care: biometric screening, preventive screening and counseling, physical exams, wellness exams • Chronic care advice: cardiac, cancer, diabetes, depression, musculoskeletal • Lifestyle and disease management: health education and promotion, chronic condition coaching • Ancillary services: immunizations, vaccinations, lab draw and handling, pharmaceutical dispensing, and limited occupational health • Coordination with other County offered programs: Kannact, SurgeryPlus, Cana Rx, Employee Assistance Program • Future Growth and Expansion of Services- The County will have the ability to add services based on identified needs LOCATION: Everside has identified possible clinic locations and will proceed with lease negotiations on behalf of the County at the location that is best suited based on projected buildout costs, location, size, and leasing terms once a signed agreement with Everside is in place. The health center location will be reviewed and approved by the Human Resources Director and Public Works Director within the budget that has been allocated. PROPOSED OPENING: Staff anticipates the Indian River County Health Center will be opened by October 1, 2023. This date may be adjusted (earlier or later) based on the time to secure a health center lease, complete the build out, complete the implementation and setup, and secure staffing and resources. COST ESTIMATES: The agreement with Everside is a transparent pricing model with actual pass through costs for health center expenses being billed to the County. The build out costs are estimated to be $350,000 and may be lower based on the actual space that is leased. Startup costs are estimated to be $137,000 and will include health center equipment, supplies and furnishing. Initial estimates for leasing costs were approximately $39,600 based on a minimum of 1,500 square feet; however, actual leasing costs may be higher based on the size of the facility and the cost per square foot. The final leased space will be chosen based on location, accessibility, build out costs, availability, and surrounding market conditions. The agreement provides for 241 adjustments for inflation of 3.5% for labor costs and technology. As health center utilization increases and additional staff and/or services are added, costs will increase accordingly. Additional staffing and services that would result in additional costs would be presented to the Board for approval. Human Resources will have responsibility for overseeing the Health Center operations and authorizing expenditures under the agreement in accordance with budgeted expenditures. The value and savings over time as a result of implementing the health center will be realized through improved health and wellness of our insured population, effective management of chronic conditions, early intervention and avoidance of high cost claims, and enhanced employee benefits to assist us with improved recruitment and retention of County employees. FUNDING: Expenses incurred for the FY22-23 budget will include build out and startup costs of approximately $487,000 plus management fees and monthly recurring pass through costs once the clinic is operational. Sufficient funding exists in the current Health Insurance Fund/Other Contractual Services/Employee Health Clinic account, number 50412719-033490-23005. Account Name Account Number FY 22/23 Budget Health Insurance Fund/Other Contractual Services/Employee Health Clinic 50412719-033490-23005 $1,202,317 RECOMMENDATION: Staff respectfully requests the Board approve the agreement with Everside and authorize the Chairman to execute the agreement after review by the County Attorney for legal sufficiency; authorize staff to proceed with implementation of the Indian River County Everside Health Center by selecting the health center location; authorize staff and Everside to proceed with leasing and build out of the selected facility; and authorize staff and Everside to proceed with necessary actions in accordance with the agreement to recruit clinic staff and incur startup costs necessary to begin operating the health center. Attachment: Draft Agreement Indian River County and Everside Health LLC 242 %eveCside HEALTH,.. EVERSIDE CLIENT AGREEMENT This Client Agreement (the "Agreement") is made and entered into as of the date of last signature ("Effective Date") by and between Indian River County ("Client"), a county of Florida located at , and Everside Health, LLC ("Everside"), a Delaware limited liability company located at 1400 Wewatta Street, Suite, 350, Denver, CO 80202. Client and Everside are each individually a "Party" and collectively the "Parties" to this Agreement. RECITALS WHEREAS, Everside provides comprehensive primary care medical services to employees and dependents of employees via on-site and/or near -site health centers; WHEREAS, Client maintains a health plan for eligible participating members and desires to offer to its members on-site or near -site primary care services; WHEREAS, Client wishes to offer to its employees and their eligible dependents the comprehensive primary care medical services offered by Everside; and WHEREAS, Client and Everside wish to memorialize their agreement as set forth below. THEREFORE, for good and valuable consideration the sufficiency and receipt of which is hereby acknowledged by the parties, the parties agree to the following terms and conditions: TERMS AND CONDITIONS 1. Definitions. The following terms used in this Agreement are defined as follows: 1.1 "Everside Health Center" means the health and wellness center which is built out and managed by Everside on behalf of Client and available for use by enrolled Members. The Everside Health Center hereunder shall be located at an address to be mutually agreed to by the Parties. 1.2 "Everside Services" means Everside's suite of services described in Section 3.1 of this Agreement. 1.3 "Health Center Opening Date" means the date documented on which Members first have access to an Everside Health Center to be agreed to by the Parties. 1.4 "Confidential Information" means (a) any technical and non-technical information related to Everside's business and current, future and proposed products and services of Everside or its existing or proposed affiliates; (b) all intellectual property, discoveries, designs, developments, improvements, inventions (whether or not protectable under patent laws), works of authorship, information fixed in any tangible medium of expression (whether or not protectable under copyright laws), trade secrets, know-how, ideas (whether or not protectable under trade secret laws), mask works, trademarks, service marks, trademarks, information concerning research, product development or design; (c) business plans or planning, financial information, procurement requirements, engineering and manufacturing information, customer or employee 243 lists and information, business forecasts, sales information, marketing plans and other business information; (d) pricing with respect to any and all of Everside's Services or products or proposed Services or products; and (e) any information that may be made known to the other and which the other has received that each Party shall be obligated to treat as confidential or proprietary, whether or not marked as confidential. 1.5 "Eligibility File" means a census file that Client, or its service provider, issues to Everside to determine Members who are eligible to receive Everside Services. Client hereby represents that all individuals listed on an Eligibility File shall be Eligible Members. 1.6 "Good Cause" means personal misconduct that materially disrupts the delivery of Everside Services; a breach of this Agreement by the Physician or Provider that has not been cured; the loss of license to practice medicine by the Physician or loss of license/certification by a Provider; or the conviction of the Physician or Provider of any crime punishable as a felony involving immoral conduct. 1.7 "Medical Team" means the one (1) full-time nurse practitioner and two (2) full- time medical assistants contracted to staff the Everside Health Center ("Standard Staffing"); plus the one (1) full-time advanced practice provider (i.e., a nurse practitioner or a physician assistant) that may be contracted to staff the Everside Health Center once patient utilization of available appointments meets or exceeds 66% and upon approval by the Client ("Supplemental Staffing"). Furthermore, if elected by Client, the Medical Team also means the one or more dietician(s) and/or LCSW(s) contracted to staff the Everside Health Center. Everside shall be responsible for the selecting and retaining of the physicians and non -physician practitioners. Everside will use its best efforts to promptly staff the Everside Health Center.. However, Client agrees that Everside may utilize temporary staffing coverage having at least the same level of designation, including but not limited to virtual physicians and non physician practitioners or those with varying licenses, which may temporarily impact Everside Services to some extent. If any Physician or Provider is temporarily absent, Everside will make reasonable efforts to obtain appropriate fill-in coverage. The Parties understand that fill-in coverage may not always be available for absences occurring with little notice. 1.8 "Members" or "Eligible Members" means the following individuals who shall have access to the Everside Health Center as provided in Section 2.2 of this Agreement: Client's current employees as of the month of the relevant census who are eligible for and participating in Client's health plan and spouses, partners, dependent children 2 years of age and older and others participating in Client's health plan through those participating employees. To the extent that Client has chosen to include Medicare Part B Primary beneficiaries in its plan documents, Client agrees to be fully and solely responsible for all covered Everside items and Services for any such beneficiary listed on any eligibility census file that Client provides to Everside. Everside shall not submit any claim or fee for service to Medicare, Medicaid, or any other payor. 1.9 "Physician" means a duly licensed physician, when one is part of the Medical Team, who is contracted to furnish the professional medical services and/or provide collaborative or supervisory services which are a component of Everside Services to Members. 1.10 "Provider" means a duly licensed nurse practitioner or physician assistant who is © 2022 Everside Health, LLC. All rights reserved. Confidential. 244 contracted to furnish certain services that are a component of Everside Services to Members. 1.11 "Staffmg Date" means the date on which Everside engages Medical Team members prior to the Health Center Opening Date. 1.12 "Start -Up Costs" means the total cost associated with the set-up activities and assets in accordance with the criteria set forth in Exhibit D. 2. Retention. 2.1 Engagement of Everside. During the term of this Agreement, Client hereby retains Everside as Client's primary provider of membership -based health center, primary care and wellness services, and Everside agrees to make available such services and to provide administrative services. Pursuant to this Agreement, Client and Everside agree to establish an on- site or near -site Everside Health Center for Client Members. 2.2 Member Enrollment. Members will be eligible to enroll in the Everside Health Center upon the receipt by Everside of an Eligibility File from Client. During the Term of this Agreement and subject to Everside Health Center policies, an enrolled Member will remain enrolled in the Everside Health Center until Everside receives from Client 1) notice that a Member has disenrolled for any reason and 2) an Eligibility File that does not include such Member's information. Client shall submit to Everside a current censusof covered lives by the 7th calendar day of each month, listing those Members as of the 1St calendar day of the same month. 3. Everside Responsibilities. 3.1 Everside Services. 'Everside shall ensure that Members enrolled in the Everside Health Center have access to the following services, provided directly by the Medical Team or Everside's authorized and legitimate subcontractors, meeting all applicable state and federal legal requirements, at the Everside Health Center: (a) Primary health care services, including non -emergency episodic care and preventive care for all enrolled` Members; (b) Electronic medical records and a Member portal to view such records; (c) Tailored care plans for adult Members; (d) Health education for Members; (e) Standard On -Site lab and dispensary services described in Exhibit C; (f) Periodic identification of gaps in care, patterns of disease and trends in Member adherence across the Client's eligible population (g) Referrals to specialist physicians, as appropriate (h) Contacting Eligible Members by telephone and unsecure e-mail on behalf 2022 Everside Hadth,.LLC., All right reaatvod. Confidential: 246 of Client and upon patient consent via text message at the contact information provided to Everside by Client; (i) Wellness Portal Services. The Wellness Portal, through Everside's third - party vendor, offers a web -based platform that is accessible 24/7 to participants. The platform allows for personalized programs and branding, and includes access to video courses, educational content, and incentive reporting tools. The platform also allows for individual -level tracking of employee participation in earning points and incentives. Wellness Portal capabilities focus on wellness using personal involvement and responsibility and provide specific educational recommendations and activities for current eligible participants aged 18+, whom Client has determined can participate in the Wellness Portal ("Eligible Participant'). Client is solely responsible to manage any incentives. NOTE: THE WELLNESS PORTAL DOES NOT ESTABLISH (OR REPLACE) A DOCTOR -PATIENT RELATIONSHIP OR ANY OTHER RELATIONSHIP BETWEEN A PATIENT AND A HEALTHCARE PROVIDER. THE PORTAL DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. NOTHING IN THE PORTAL SHOULD BE CONSIDERED MEDICAL OR NURSING ADVICE OR TREATMENT, NOR SHOULD THE PROGRAMS BE USED AS A SUBSTITUTE FOR MEDICAL OR NURSING ADVICE OR TREATMENT; and 0) Any other services as listed in Exhibit A, as may be revised from time to time with mutual consent of the parties. 3.2 Management Services. Everside shall provide management services necessary and appropriate to operate the Everside Health Center and to provide the Everside Services. Client shall direct any inquiries, comments or concerns about Everside Services only to Everside. Everside's management services shall include: (a) Assumption of responsibility for all Everside Services. (b) Assumption of responsibility to establish, prepare, maintain and routinely review protocols in the areas of direct clinical responsibilities, in accordance with those standards of practice and guidelines published by national boards and/or other relevant healthcare agencies, which are appropriate in Everside's sole discretion. (c) Assumption of responsibility for staffing and scheduling for the Everside Health Center, Everside Services, and Medical Team. (d) Assumption of responsibility for all Member communications, outreach, engagement, and appointment scheduling for the Everside Health Center. (e) Promotion of cost containment and cost reductions in all areas of responsibility. (f) Meeting with the Medical Team on a monthly basis to review clinical and administrative issues. (g) Preparing monthly reports on utilization of Everside Services, clinical ® 2022 Everside Health, LLC. All rights reserved. Confidential. 246 measures, patient satisfaction scores, and relevant administrative issues. Other reports involving aggregated and population level health status, shall be provided periodically as agreed to by the Parties. Custom reports (reports which would require additional parameters and/or customization of data) may be available upon request of Client and agreement by Everside at a cost of One Hundred Fifty dollars ($150.00) per hour. No individually identifiable health information will be included in such reports unless specifically authorized in writing by the subject(s) of such information. (h) Supporting Client's efforts at creating an organizational culture for better employee health and wellbeing. (i) Collaborating with Client to review, and improve medication selection for clinical effectiveness and efficiency. (j) Obtaining and providingpplies ary for the provision of Everside Services. (k) Ensuring that staffing at the Everside Health Center remains appropriate to meet the needs of Members if and to the extent that total membership at the Everside Health Center changes over time. (1) Planning, designing, building, renovating, equipping and and/or repairing the Everside Health Center on a site designated by Client with Everside's approval. 3.3 Physician and Provider Licenses, Certifications, Coverages. Everside shall assure that each Physician and Provider maintains an unlimited and unrestricted license or certification, as appropriate, to practice his or her profession in good standing, as necessary to perform the Everside Services. Everside shall also ensure that each Physician and Provider has sufficient occurrence -based medical malpractice coverage and has taken all other steps to qualify as a qualified provider as necessary to comply with applicable state law during the term of this Agreement. 3.4 Selection and Removal of Everside Medical Team. Everside shall have the sole discretion to engage, retain or remove all Everside Medical Team members. (a) Qualified Applicants. Everside shall recruit physician and provider applicants for the Medical Team who are qualified to provide those Everside Services that are within their respective scope of practice as defined by applicable state law. (b) Criteria for Engagement of Everside Medical Team. Everside shall inform Client of qualified applicants for the Everside Health Center. The Parties agree that Client shall designate a representative or representatives to meet with and evaluate such applicants. Client may object to the engagement of a Medical Team member for any lawful reason. (c) Criteria for Client to Request Removal of an Everside Medical Team member. If Client provides Everside with a written request to remove an Everside Medical Team member, specifying Good Cause reason(s) to remove such individual, Everside shall do so within a time frame mutually agreed upon by Everside and Client. The time frame for removal shall not impair the provision of Everside Services unless Everside has determined that the continuing ® 2022 Everside HiWth,.UC., All rights reserved. Confidential: 247 performance of Everside Services by the Medical Team member raises quality of care concerns or liability or risk management issues, in which case the Medical Team member shall be removed immediately. If Medical Team member is otherwise disruptive to the operations of Client, Everside shall meet with Client to discuss such issues in good faith. 3.5 Selection, Maintenance, and Utilization of Equipment. Except as provided in this Section, Everside shall consult with Client and shall select all equipment, furniture, and supplies necessary for establishing and operating the Everside Health Center. Everside shall purchase the agreed upon equipment, furniture, and supplies for reimbursement by Client upon submittal of an invoice. Everside will make recommendations to Client about the need for repairs and replacement of equipment, furniture and supplies, as appropriate. During design of the occupied space, Everside may provide an estimated budget to Client for all equipment, furniture, and supplies that are necessary for clinic operation. Expenditures that have not been budgeted for the clinic operation must receive prior approval by the Client and the Client will work in good faith with Everside to address any issues that have an impact to patient care in a timely manner. (a) Data -Creating and Data -Hosting Equipment. With respect to computers and other data -creating and data -hosting equipment, and telecommunications equipment, Everside shall be responsible for selecting, obtaining, maintaining, and replacing all computers (hardware and software), printers, scanners, facsimile machines, cellular phones, and other such equipment (hereinafter "Technology") necessary for Everside to provide Everside Services at the Everside Health Center. 3.6 Medical Records. Everside shall cause Everside Physicians and Providers to maintain medical records in accordance with professional standards and applicable state and federal laws, including the HIPAA Privacy and Security Rule. -Everside shall have ownership and control of such medical records and under no circumstances shall Client have access to any medical record without the direct written authorization of the subject of such record. At all times, the use or disclosure of protected health information shall be subject to all applicable statutes and regulations relating to the privacy, security and confidential of patient records, including HIPAA and applicable state laws. 3.7 Members with a High Deductible Health Plan and a Health Savings Account Feature. Client may provide written notice to Everside of the fair market value, as determined by Client, for non -preventive services that Everside shall charge, until the deductible is satisfied, to Members contributing to a health savings accounts associated with a High Deductible Health Plan. Until Everside is notified otherwise, Everside shall charge Members $0.00 for non -preventative care provided to Members contributing to a health savings account associated with a High Deductible Health Plan. Any notice pursuant to this Section 3.7 shall be provided in the following format: Notice from [Client Name) ("Client") to Everside Pursuant to Section 3.7 ❑ By checking this box, Client agrees that the Monthly Fee provided in the Everside Client Agreement (`Agreement') shall only cover preventive services for Members contributing to a health savings account associated with a High Deductible Health Plan until the Member's deductible has been satisfied. Until the deductible is satisfied, Everside will charge such Members the fair market value rate for non preventive care that Client selects below. Client acknowledges and agrees that its selection of a fair market value rate ® 2022 Everside Health, LLC. All rights reserved. Confidential. 248 is not based on any statement made by Everside. ❑ $10.00 ❑ $20.00 ❑ $25.00 ❑ $30.00 ❑$ ❑ By checking this box (and if allowable per applicable federal laws and regulations, including but not limited to ERISA), Everside will credit Client the amount offair market value payments collected from Members for non preventive care services (the `FMV Credit'). The FMV Credit will be reflected in the monthly invoices that Everside issues to Client under the Agreement. 3.8 Confidentiality. Everside shall not disclose any privileged or Confidential Information which it either obtains or learns as a result of this Agreement. Without limiting the generality of the foregoing, Everside, as well as its principals, officer, employees, contractors, agents or assigns, shall maintain the confidentiality of any information defined as "Confidential Information" as well as any medical records, business or financial records, or matters of business practice of the other to which either shall have access or knowledge. This Section 3.8 shall survive the termination of this Agreement. 3.9 Signage and Branding. Everside shall design the signage displayed at the Everside Health Center and arrange in collaboration with Client for the production of such signs. Everside shall invoice Client for the costs of designing and producing the signage, with expenditures approved by Client in advance of Client's incurring such costs. Client's approval shall not be unreasonably withheld. Unless otherwise mutually agreed by the Parties, signage and all other branding requested, developed, or approved by either Party shall refer to the Everside Health Center as the "Indian River County Everside Health Center." All signage utilized at the selected location shall conform to all local signage requirements and Everside shall be responsible for permitting said signage through local jurisdiction. 3.10 Maintenance and Repair of Facility Services and Utilities. Everside shall arrange for certain Routine Maintenance Services (defined in Exhibit E) to be provided at Client's expense through independent or third -party vendors. Everside shall coordinate with these vendors as necessary to permit the services to be available at the Everside Health Center. In the event that any non -routine maintenance or repair related to these services or any utility services at the Everside Health Center becomes necessary, Everside shall arrange for such maintenance or repair and submit an invoice to Client for the expense(s) incurred. 3.11 Staff Trainins?. Everside shall ensure that each member of the Medical Team receives training consistent with the terms of this Section 3.11. For any training that occurs after the Health Center Opening Date, Everside will provide Client with at least 30 days advance notice that the Medical Team will not be available on the specified day(s) to provide Everside Services at the Everside Health Center. In no event will the Health Center be closed for more than one business day per week due to training. (a) Initial Training. Each member of the Medical Team will receive at least ten days of training before the end of his/her first year providing services at the Everside Health © 2022 Everside Health, LLC. All rights reserved Confidential. 249 Center. Whenever practicable, Everside will arrange for this training to be completed before the Health Center Opening Date. (b) Ongoing Training. After the first one-year period following the Health Center Opening Date, the Medical Team will receive approximately five days of training per year. Everside shall provide at least thirty (30) days advance notice to Client for any days that an Everside Health Center will be closed for training. 3.12 General Liability and Workers Compensation. Everside shall maintain the following insurances in amounts that are appropriate to businesses which are similar in size or services to Everside in the states in which an Everside Health Center established hereunder is located: (a) Worker's compensation insurance as required under applicable federal and state law, covering employer's liability and third -party actions against Everside arising out of operations under this Agreement. (b) Standard comprehensive general liability insurance. (c) Professional Medical Malpractice liability insurance. Everside shall provide a certificate of insurance, prior to execution of the contract, evidencing the insurance required under this section, and shall provide 30 days' notice to the Client of cancellation or termination of coverage. The Client shall be named as additional insured on the General Liability policy. Everside shall provide 30 days' notice to Client of any revision in coverage, and shall provide a certificate of insurance to Client upon request. 3.13 Access to Premises. Client shall have prompt and appropriate access to the Everside Health Center except as necessary to comply with legitimate patient privacy and security interests. 3.14 E -Verify. Everside is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Everside is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 4. Client Responsibilities. 4.1 Health Center Layout, Construction, and Building Services. Everside shall be responsible for providing, constructing (or converting, if applicable), and maintaining a space for the Everside Health Center that is suitable as medical office space and has the features, infrastructure, and access to services described in Exhibits D and E or that the Parties have otherwise agreed to regarding suitability. Client shall, upon the prior approval of Everside, select such space or location for the health center facility. Client shall be solely responsible for the costs required for or stemming from the construction, conversion, and/or repair of such facility and surrounding grounds, as applicable, which may include, without limitation, real estate broker fees, permits and/or licenses, architect and design services, insurance, taxes, occupancy fees, rent and deposits. Everside shall invoice Client on a monthly basis for all permitting, construction, and converting activities as needed. 4.2 Furniture, Fixtures, and Equipment. Everside shall purchase, provide, and 2.022 Eva -side Health, I.M. ;All rights reserved. Confidential. 250 maintain, based on mutual agreement with Client, all necessary equipment, furniture, fixtures, and supplies listed in Exhibit D. All such items shall be the property of Client except for the data - creating and data -hosting equipment and telecommunications equipment described in Section 3.5(a) which shall be retained by Everside. Client shall act in good faith upon any reasonable recommendation by Everside for equipment repair or replacement. Everside shall invoice Client on a monthly basis for the above. 4.3 Confidentiality. Unless otherwise required by law, Client shall not disclose any privileged or Confidential Information which it either obtains or learns as a result of this Agreement. Without limiting the generality of the foregoing, Client, as well as Client's principals, officers, employees, contractors, agents or assigns, shall maintain the confidentiality of any information defined as "Confidential Information" as well as any business or financial records, matters of practice of the other to which either shall have access or knowledge, unless such disclosure is required by law. This Section 4.3 shall survive the termination of this Agreement. 4.4 Health Plan Responsibilities. Client shall execute the necessary documents, amendments, disclosures, and reported requirements by state and federal law to facilitate the integration of the Everside Health Center into the client's health plan. 4.5 General Liability and Workers Compensation. Client shall maintain the following insurances in amounts that are appropriate to businesses or other organizations which are similar in size or services to Client: (a) Applicable Federal and State Worker's compensation acts, covering employer's liability and third -party actions against Everside arising out of operations under this Agreement. (b) Standard comprehensive general liability insurance. (c) General property casualty insurance on the Everside Health Center premises and its contents, in amounts consistent with similarly situated health centers. Client shall provide a certificate of insurance, prior to execution of the contract, evidencing the insurance required under this section and shall provide 30 days' notice to Everside of cancellation, termination or revision of coverage. 4.6 Eli` ig blitX. Client shall be responsible for determining eligibility to receive Everside Services. In the absence of an agreement by the Parties to the contrary, Client shall ensure that an Eligibility File is transferred to Everside on a monthly basis. The Parties agree that Client may provide Everside with updates to an Eligibility File on a more frequent basis. Client shall provide an initial Eligibility File to Everside at least 45 days prior to the Health Center Opening Date. Client shall be responsible for ensuring that Eligible Members are not enrolled in a state or federal healthcare program (e.g., Medicare, Medicaid) as their primary coverage, except to the extent that Client has elected to be fully responsible for all Medicare Part B Primary patients' costs. 4.7 Data and Communication i. Member eligibility shall be determined through the use of the eligibility census files for Client's adult and child populations. ii. Client will provide Everside eligibility files for the adult and minor populations of its employees and dependents within 30 days prior to the Health Center Opening Date, and then on-going monthly eligibility files. iii. Eligibility files must include Social Security Numbers in addition to other data. iv. Not providing timely and complete data, including Social Security Numbers, may result in reduced patient engagement and impaired billing procedures. (b) Client shall, at its sole expense, provide the following data access: i. Access to at least 3 years of prior (historic) medical and pharmacy claims experience data and corresponding eligibility data. ii. Access to monthly data feeds of medical and pharmacy claims experience data and corresponding eligibility data throughout the term of the Agreement. (c) Communications: i. Client shall provide the home mailing address, email address, and phone numbers for all of Client's adult Eligible Members. In the event that Client does not provide email addresses for at least 90% Eligible Members ages 18 and older, then Client shall be responsible for additional direct mail marketing costs. ii. Client and Everside shall agree upon a marketing campaign process, which delivers a time -based series of communications shown to maximize engagement of Eligible Members. Everside's marketing campaign process allows for customization within a prescribed set of parameters. In the event that Client requires additional customization outside of those parameters, then Client shall be responsible for additional marketing costs. iii. Client shall educate Eligible Members about the Everside Health benefit through the benefits enrollment process (new hires and annual renewal). iv. To reduce disruption to the communication Client must adhere to the Technology Compatibility Requirements of Everside (attached at Exhibit F). V. Patients can manage their communication preferences, including opting out of various communications, directly with Everside. 4.8 Consents and Authorizations. Client represents and warrants that it has obtained and shall continuously obtain and maintain throughout the Term all necessary and required notifications, consents and/or authorizations required by applicable law to permit Everside to contact Eligible Members through unsecure electronic means, including unencrypted e-mail, telephone and with patient consent via text message. 5. Financial Arran eg ment. In consideration of Everside's responsibilities under this Agreement, Client shall pay to Everside the amounts described below. 5.1 Build -Out and Start -Up Costs. Client agrees to reimburse Everside on a pass- through basis, as incurred by Everside, for all Build -Out and Start -Up Costs listed below that Everside advises for the proper setup and administration of the Everside Health Center. If this Agreement should terminate for any reason prior to the full reimbursement of Build -Out and Start - Up Costs by Client, then all outstanding fees under this paragraph shall become due immediately with no right of offset. Start -Up Fees, means the total cost which have been incurred associated with the set-up activities and assets in accordance with the criteria set forth in Exhibit D, which 0 2022 Everside Health, LLC. All rights reserved. Confidential. 252 may include, but shall not be limited to: medical supplies (initial stock), pharmaceuticals and immunizations (initial stock), medical equipment (initial stock), general furnishings, staff salaries for onboarding and signing bonuses, soft and hard technology, marketing and communications, staff recruiting and training, and implementation travel expenses. The Build -Out and Start -Up Costs listed below shall be invoiced from Everside to Client on a monthly basis. Everside and Client shall mutually agree to all Build -Out Costs and Start -Up Fees during design of the occupied space. Such expenses shall become due and be paid in accordance with Section 5.3. Category Fee Build -Out Costs (if applicable) Pass -Through Start -Up Fees Pass -Through 5.2 Ongoing Operations and Staffing Fees. Client agrees to pay Everside the fees set forth below, as Everside determines for the proper operation of the Everside Health Center, effective on the Staffing Date for each month during the Initial Term and any Renewal Terms. Note: Pricing is based on Eligible Members as all employees eligible for and participating 16 Client's health plan, and their spouses and dependents ages 2 years and up Start - Up Fee (Estimated; Client will pay actual costs) $137,000 Staffing/ Clinic Hours ^'$384,022 $32,001 Staff Salaries, Benefits, PTO & Fill in, (Estimated) Malpractice, Allocated Hiring Costs, Max in year 1: < Physician Oversite, and Everside If elected: Max in year 1: Regional Oversite & Onsite Add -On Dietician (FT) <_ $144,192 5$12,016 Management Add -On Dietician (PT) <_ $ 87,900 <_ $ 7.325 Add -On LCSW (FT) <_ $176,292 5 $14,691 Add -On LCSW (PT) 5$107,196 5 $ 8,933 Technology Costs Wellness Portal, Phone & Internet under Everside's National Contract, EMR Licenses, Nurse Triage Line, $79,500$6,625 Everside's Reporting Analytics & Everside Insights, Health Specialist Referral Tool Rubicon, IT Hardware Support, Multiple Software Licenses - Program Oversight/Central Printing & Marketing Expenses, Support Facility Onsite Costs, Provider State $98, 248 sing and License Management, Health Center Spot Bonus Management Fee $81,721 $6,810 Everside SG&A and Related Corpora . sts. Welinen Fee Included Included in Technology Costs Biometric labs/HRAs HRAs completed with in -center staff are included at no additional cost. HRAs completed as on-site events may incur additional staffing expense. Biometric labs collected during HRAs will be billed on a pass- a� through balk Claims Integration Included Included in Technology Costs ass Through- Labs —$20,2$ , $1,690 All Labs Sent Outside of Health (Estimated) Center for Processing. Pass Through- Clinic/Office ^'$24,008 "'$2,001 Medical Supplies & Office Supplies Supplies (Estimated) Pass Through- Staff Travel ^'$3,000 —$250 Provider Travel & Meals (Estimated) ,m, Pass Through- Rx (Estimated) —$27,528 —$2,294 All Prescriptions Dispensed at Everside Health Center Pass Through -Rent/Utilities Responsibility of Indian River County Actual Costs and Maintenance Pass Through - Estimated Actual Costs Responsibility of Indian River County Build Out TOTAL $719,038 $59,931.25 Estimated (does not include start-up) U 2022 Everside Health, W..:A0.rights reiavb ConMential, 254 (a) Estimate of Staffing Fees. The monthly pass-through amount of Staffing fees is estimated to be $32,001 per month ($384,022 per year); actual Staffing fees may vary, and shall be approved in advance by Client. The monthly pass-through amount of Add -On Staffing Fees shall not exceed the amounts set forth in the table above for one year following the Health Center Opening Date. Should Everside determine that proper operation of the Everside Health Center regularly demands more hours, Everside will seek approval from the County to expand office hours and the Client shall be responsible for paying Everside for all overtime at pass- through, or the parties will negotiate regarding the addition of and rates for additional staff. (b) Adjustment for Inflation. (i) Program Oversight/Central Support Fee. On the first anniversary of the Effective Date and each subsequent year during the Initial Term and any Renewal Term, the "Program Oversight/Central Support Fee" shall be increased by three percent (3.0%) per year. (ii) Management Fee. During the Initial Term, the "Management Fee" shall remain fixed with no fee increase. Upon the conclusion of the Initial Term, the Parties shall mutually agree on an increase to the "Management Fee" based on then-currentSoutheast region CPI indices, to take effect during each following Renewal Term. (iii) Staffing/Clinic Hours Costs and Technology Costs. On the first anniversary of the Effective Date and each subsequent year during the Initial Term and any Renewal Term, Staffmg/Clinic Hours Costs and Technology Costs indicated in the table above shall be increased by no more than three and one-half percent (3.5%) per year, or, upon Client's prior approval, may be increased by an amount greater than three and one-half percent (3.5%) per year for costs of individual items/services (e.g., staffing costs). 5.3 Payment of Fees. Client shall pay any fees issued by Everside on a monthly basis, with payment occurring within 30 days of Client's receipt of invoice. Notwithstanding anything in this Agreement to the contrary, if any invoice(s) or portion(s) of invoice(s) are not disputed in writing by Client within sixty (60) days of the date of the invoice, Client irrevocably waives its right to later dispute such invoice. Everside agrees to accept payment from Client via ACH payment and to provide all information required by Client to set up ACH payments. (a) Late Payments. Any amounts due to Everside under this Article V that are not paid by the due date will be assessed a late fee of 1.25% per month that the amount remains unpaid. (b) In the event the Health Center Opening Date is postponed by Client after a qualified candidate has been approved by Client, Client shall pay the monthly Program Oversight/Central Support Fee and Management Fee from the originally scheduled Health Center Opening Date as previously agreed to by Client. These fees will be due and payable to Everside. If the Health Center is closed for more than four business days within the month due to staffing unavailability without fault on Client's part, Client's sole remedy will be to have said costs prorated to reflect only those Health Center operating days that were provided to the Client by Everside during the month. © 2022 Everside Health, LLC. All rights reserved. Confidential. 255 5.4 Intentionally omitted. 6. Shared Use and Access. 6.1 Sharing _Arrangement. The Parties may consider allowing the members of other organizations ("Participating Groups") to have access to the Client's Everside Health Center to utilize Services, upon amendment to this Agreement. 7. Term and Termination of Agreement. 7.1 Term. This Agreement shall be effective on the Effective Date and continue for a period of five (5) years beyond the date Members have initial access to the Everside Health Center (the "Initial Term"). At the end of the Initial Term, the Agreement shall automatically extend for additional one (1) year periods (each a "Renewal Term') unless either Party provides written notice not less than one hundred and eighty (180) days at any time after the Initial Term. 7.2 Termination. Notwithstanding the terms of Section 7.1, this Agreement shall be sooner terminated on the first to occur of the following: (a) By Mutual Agreement. In the event Client and Everside shall mutually agree in writing, this Agreement shall be terminated on the terms and date stipulated therein. (b) For Breach. In the event either Party shall give notice to the other that such other Party has substantially defaulted in the performance of a material obligation under this Agreement and such default has not have been cured within 60 -days following the giving of such notice, the Party who gave notice shall have the right to immediately terminate this Agreement. (c) For Bankruptcy, Insolvency or Assignment for the Benefit of Creditors. In the event either Party files for bankruptcy, is declared insolvent or makes an assignment for the benefit of creditors, the other may immediately terminate this Agreement upon written notice. (d) For Criminal Activity. In the event that a Party is indicted for a felony or a crime involving medical billing fraud or moral turpitude, the other may terminate this Agreement immediately. (e) For Interference. In the event that Client engages in or conducts ongoing or multiple instances of Interference (defined below), Everside may terminate this Agreement as provided under this Section 7.2(e). "Interference" includes: (i) Actions or conduct that materially disrupt the delivery of Services or the operations of the Medical Team; (ii) Demands upon the Physicians, Providers, or Everside, to deliver treatments, services, goods, or information that would be inappropriate or prohibited under applicable federal or state law and/or generally accepted standards of medical practice; (iii) Actions that threaten the confidentiality of any member's personal health information or the privacy or security of health data; and/or ® 2022 Everside Health, LLC. All rights reserved. Confidential. 256 (iv) Actions or conduct that would create a significant impact on the ability of the Physicians, Providers, or Everside to provide medical care and related services within appropriate medical and professional standards (v) After or during the first occurrence of Interference, if any, Everside shall provide with written warning of the interfering action or behavior. If the Interference continues or repeats after the receipt of such warning by Client, Everside may terminate this Agreement by providing Client with ninety (90) days prior written notice. (f) For Failure to Launch. In the event that Everside is unable, due solely to delays on the part of Client, to initiate the Everside Services contemplated herein by six months from the date of signature of the last Party to sign this Agreement, then Everside may terminate this Agreement and Client will reimburse Everside for all costs actually expended on behalf of Client. Client may retain all of the equipment and supplies and all other components of the business obtained using Start -Up Costs. (g) For Violation of F.S. 287.135. Everside certifies that it and those related entities of Everside 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, Everside certifies that it and those related entities of Everside 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. Client may terminate this Contract if Everside 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. Client may terminate this Contract if Everside, 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. 7.3 Effects of Termination. Upon termination of this Agreement in accordance with Section 7.2 of this Agreement, neither Party shall have any further obligation hereunder except for (i) obligations occurring prior to the date of termination, (ii) obligations, promises or covenants contained herein which are expressly made to extend beyond the term of this Agreement, and (iii) professional obligations of Everside Medical Team members to transfer Member care to new providers designated by such Members. Notwithstanding anything in the Agreement to the contrary, final reporting for the Wellness Portal will be provided to Client within thirty (30) days of termination of this Agreement. Client shall be responsible for all incentive programs and remaining Wellness Portal activities not completed at the time of termination. 7.4 Fees Due on Date of Termination. Any Fees due to Everside on or before the date of termination as well as any remaining unpaid balance of the costs as described in Section 5, above, shall be paid by Client on or before the date of Termination. Everside shall provide Client with at least thirty (30) days advance notice of any fees due under this Section 7.4. © 2022 Everside Health, LLC. All rights reserved. Confidential. 257 MiReel] anecn -,- 8.1 Everside Indemnification. Everside shall defend, indemnify and hold harmless Client, its subsidiaries and affiliates and each of their respective officers, directors, employees and agents ("Client Indemnified Parties") from and against any direct financial losses, including reasonable attorneys' fees, incurred by any Client Indemnified Party, to the extent arising out of or relating to Everside's negligence or breach of its obligations set forth in this Agreement. 8.2 Client Indemnification. Client will defend, indemnify and hold harmless Everside, its subsidiaries and affiliates and each of their officers, directors, members, managers, employees and agents ("Everside Indemnified Parties") from and against any losses, including reasonable attorneys' fees, incurred by any Everside Indemnified Party, to the extent arising out of or relating to Client's negligence or breach of its obligations set forth in this Agreement. Client's responsibility under this section is only to the limits set forth within 768.28, Florida Statutes. 8.3 Status of the Parties. It is expressly acknowledged by the Parties hereto that Everside and Client are independent contractors and nothing in this Agreement is intended nor shall be construed to create a partnership, joint venture relationship, or a lease or landlord -tenant relationship between Client and Everside, or to allow Clientto exercise control or direction over the manner or method by which Everside, Everside Physicians or Everside Providers, provide the Everside Services which are the subject matter of this Agreement. 8.4 Status of Everside Employees. (a) The Parties agree that each shall be responsible for its own tax liabilities, if any, and specifically that (i) Everside employees, Physicians and Providers will not be treated as employees of Client for state or Federal tax purposes, (ii) Client will not withhold on behalf of Everside, or its Everside employees, Physicians and Providers, any sums for income tax, unemployment insurance, Social Security or any other withholding pursuant to any law or requirement of any governmental body relating to Everside Services, or make available to Everside, its Everside employees, Physicians and Providers any of the benefits afforded to the employees of Client, and (iii) all such payments, withholdings and benefits, if any, are the sole responsibility of Everside, Everside employees, Physicians and Providers, as appropriate. (b) Upon Client providing documentation of its tax exempt status to Everside, Everside will make best efforts to deliver such documentation to vendors serving the Everside Health Center. Everside shall adjust Client's pass-through costs to the extent that such vendors' invoices to Everside are adjusted as a result of Client's documentation of its tax exempt status. The Parties understand that Client's tax exempt status may not necessarily apply to Everside-led buildout. 8.5 Compliance with Laws. Each Party shall be solely responsible for compliance with all applicable state and federal laws pertaining to the subject matter of this Agreement. 8.6 Business Associate Agreement. Everside and Client, acting on behalf of its group health plan, agree to the Business Associate Agreement attached as Exhibit B for purposes of Everside receiving, hosting, using, and transmitting protected health information, as defined by the Health Insurance Portability and Accountability Act. ® 2022 Everside Health, LLC. All rights reserved. Confidential. 258 8.7 Everside Representative. Except as may be herein more specifically provided, Everside shall act with respect to all matters hereunder through Christopher Miller or his designee. 8.8 Notices. (a) Any and all notices, requests, payments, demands and other communications, required or permitted hereunder shall be given to the respective parties in writing, either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested, addressed to Everside or Client, as the case may be, as follows: If to Everside: Everside Health, LLC 1400 Wewatta Street, Suite 350 Denver, CO 80202 Attn: Chris Miller, CEO With a copy to: Everside Health, LLC 1400 Wewatta Street, Suite 350 Denver, CO 80202 Attn: General Counsel If to Client: Indian River County BOCC 1800 27`h Street, Building B Vero Beach, FL 32960-3365 Attn.: Human Resources Director Suzanne Boyll .............. --,N With a copy to: Indian River County BOCC 01 27th Street, Building A Beach, FL 32960 or at such other address(es), and to such other person(s) as either Party may from time -to -time designate by notice given as herein provided. (b) Notices shall be deemed effective immediately if personally delivered, or seventy-two (72) hours after deposit in the United States mail if sent by certified or registered mail. 8.9 Governing Law. This Agreement has been executed and delivered and shall be interpreted, construed, and enforced pursuant to and in accordance with the laws of the State of Florida. 8.10 Use of Client Name. Client grants Everside the right to use the name of Client on all advertising and marketing by Everside. At the reasonable request of Everside, Client agrees to be a positive reference for prospective Everside clients. 2022 Eveid& HnW W..:AU.Atbb ieserm&' Confidential. 259 8.11 Assig ent. Neither Party shall assign any rights or delegate any duties under this Agreement without the prior written consent of the other Party. Notwithstanding the foregoing, Everside may assign this Agreement to a subsidiary or to an affiliated entity under common control without Client's consent. 8.12 Waiver of Breach. The waiver by either Party of a breach or a violation of any portion of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach of the same or other provision hereof. 8.13 Enforcement. In the event either Party resorts to legal action to enforce the terms and provisions of this Agreement, the prevailing Party shall be entitled to recover the cost of such action so incurred including, without limitation, reasonable attorney's fees. 8.14 Gender and Number. Whenever the context requires, the gender of all words shall include the masculine and feminine, and the number of all words shall include the singular and plural. 8.15 Additional Assurance. The provisions of this Agreement shall be self -operative and shall not require further agreement by the Parties, except as may be provided herein specifically to the contrary, provided, however, that each Party shall, at the request of the other, execute such additional instruments and take such additional actions as may be necessary to effectuate this Agreement. 8.16 Force Majeure. Neither Party shall be liable nor deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service or employment deemed resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of transportation, strikes or other work interruptions by either Party's employees or any similar or dissimilar cause beyond the reasonable control of either Party. 8.17 Severability. In the event any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of this Agreement which shall remain in full force and, in fact, add enforceability according to its terms. 8.18 Article and Other Headings. The articles and other headings contained in this Agreement are for reference purposes only and shall not affect, in any way, the meaning or interpretation of this Agreement. 8.19 Amendments and Agreement Execution. This Agreement and any amendments hereto shall be in writing and executed in multiple copies on behalf of Client by any official specifically authorized by Client with respect to such execution and on behalf of Everside by Christopher Miller or his designee. Each multiple copy shall be deemed an original but all multiple copies together shall constitute one and the same instrument. 8.20 Entire Agreement. This Agreement supersedes all previous contracts and constitutes the entire agreement between the Parties. Neither Party shall be entitled to benefits other than those specified herein. No oral statements or prior written material, not specifically incorporated herein, shall be of any force and effect, and no changes in or additions to this O 2022 Everside Health, UC, All.rights reserved. Confidential. 260 Agreement shall be recognized unless incorporated herein by amendment as provided herein. Both Parties specifically acknowledge that in entering into and executing this Agreement, they rely solely upon the representations and covenants contained in this Agreement and no others. 8.21 Nondisclosure, Non -Solicitation and Nonuse Obligations. Client, inclusive of its officers, directors, employees, contractors and Members, and Everside will not use for its respective purposes or for the benefit of any third -party, disseminate or in any way disclose, Confidential Information of the other to any person, firm or business, except to the extent necessary for the purpose described in this Agreement. Client and Everside will treat all Confidential Information with the same degree of care as each accord to its own confidential information, but in no case less than reasonable care. Client and Everside will disclose Confidential Information only to those of their respective officers, employees, contractors or agents who have a need to know such information to assist Client or Everside, as appropriate, with respect to the Agreement. Each Party will immediately give notice to the other of any unauthorized use or disclosure of Confidential Information. Client and Everside will assist each other in remedying any such unauthorized use or disclosure of Confidential Information. Notwithstanding anything else in this section, Client is subject to Florida's broad public records laws and Client may disclose information if required by law. (a) The Receiving Party shall not reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody the Disclosing Party's Confidential Information and which are provided hereunder. ` The Receiving Party shall disclose Confidential Information received by it under this Agreement only to persons within its organization who have a need to know such Confidential Information in the course of the performance of their duties and who are bound by a written_ agreement, enforceable by the Disclosing Party, to protect the confidentiality of such Confidential Information. The Receiving Party shall adopt and maintain programs and procedures which are reasonably calculated to protect the confidentiality of Confidential Information and shall be responsible to the Disclosing Party for any disclosure or misuse of Confidential Information which results from a failure to comply with this provision. The Receiving Party will immediately report to the Disclosing Party any actual or suspected violation of the terms of this Agreement and will take all reasonable further steps requested by, the Disclosing Party to prevent, control or remedy any such violation. Notwithstanding any else in this section, Client is subject to Florida's broad public records laws and Client may disclose information if required by law. (b) The restrictions set forth in this Section 8.21 shall not apply to Confidential Information that (a) is or becomes public knowledge (through no fault of the Receiving Party), (b) is received by the Receiving Party from a third -party on a non -confidential basis, provided that the source of such information is not bound by a confidentiality agreement or other contractual, legal, or fiduciary obligation of confidentiality with respect to such information, (c) is in the Receiving Party's possession before the time of disclosure by the Disclosing Party and was not acquired, directly or indirectly, from the Disclosing Party, (d) is developed by the Receiving Party, provided, however, the Receiving Party provides prior written notice of such required disclosure to the Disclosing Party and takes reasonable and lawful actions to avoid or minimize the extent of such disclosure, or (e) is required to be disclosed by law. (c) Each Party agrees not to, directly or indirectly, solicit the services of and © 2022 Everside Health, LLC. All rights reserved. Confidential. 261 not to employ (in any form, including, but not limited to, as an employee, independent contractor or as a consultant) (without prior written consent of the other Party) any employee of the other Party who participates in any manner in the activities that are the subject of this Agreement during the Term and for a period of twelve (12) months thereafter. In the event that Client violates this subsection with respect to a member of the Medical Team, Client agrees to pay to Everside a fee equal to four (4) times the amount of the annual compensation (salary plus bonus), or annual consideration received by such personnel at the time his or her employment or engagement with Everside terminates. (d) This Agreement shall apply to all Confidential Information disclosed for a period of three years from the Termination Date and may be enforced in a court of equitable jurisdiction in Florida. 8.22 Dispute Resolution. (a) The Parties shall make a good faith effort to resolve any disputes that may arise in furtherance of this Agreement. If the parties are unable to resolve the dispute through informal discussions, either Party may submit a written complaint to the other Party describing and proposing a manner of resolving that dispute. The Party receiving that complaint shall respond by accepting, rejecting, or modifying that proposal, in writing, within twenty (20) days of the date that it receives the complaint. If a resolution is not reached upon such response being provided to the other Party, then either Party may move forward with legal action. 8.23 Disclaimer of Warranties. ALL THIRD -PARTY SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND EVERSIDE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND EVERSIDE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, EVERSIDE MAKES NO WARRANTY OF ANY KIND THAT ANY SERVICES OR MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WELL MEET CLIENTS OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD -PARTY MATERIALS IS STRICTLY BETWEEN CLIENT AND THE THIRD -PARTY OWNER OR DISTRIBUTOR OF THE THIRD -PARTY MATERIALS, IF ANY; PROVIDED, HOWEVER, ALL WARRANTIES PROVIDED BY SUCH THIRD PARTIES TO EVERSIDE ARE HEREBY DELEGATED TO CUSTOMER TO THE EXTENT DELEGABLE AND EVERSIDE AGREES NOT TO ENGAGE IN ANY ACTIVITY THAT WOULD ALONE CAUSE SUCH THIRD -PARTY MATERIALS TO INFRINGE UPON OTHER THIRD -PARTY INTELLECTUAL PROPERTY RIGHTS. C 2022 Everside Health, LLC. All rights reserved. Confidential. 262 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date of the last signature written below. Everside Health, LLC Bv: Name: Heather Dixon Title: CFO Date: Indian River County By: Name: Title: Date: EXHIBIT A Optional Additional Services The following is a list of optional additional services that Everside may provide at Client's request and subject to applicable law. Everside shall have the sole discretion to remove, replace, add, or otherwise make changes to this Exhibit A at any time, with the least amount of disruption to Client's services. If additional services are needed which are not anticipated in the original scope, they will be outlined in an amendment. 1. Collective Terms and Conditions. The following terms and conditions apply to each and every one of the optional additional services. a. Implementation. Elected services shall commence on a date to be mutually agreed by the parties, and subject to Eversicle's ability to ensure adequate staffing. b. Invoicing. Everside shall bill Client pursuant to the terms of the Agreement. c. Mutual Termination. Either party may terminate any one or all of the optional additional services upon 90 days' advance written notice to the other party, or by other means described in the Agreement. Upon such termination, Client shall pay Everside for all services rendered and any reimbursable expenses incurred up to and including the effective date of termination. d. Reporting. As applicable to the elected service, Everside will provide an annual outcomes and utilization report with de -identified client -level data, if feasible. Client -level data will not be made available if the number of individuals enrolled increases the risk of individual identification of patients. No Protected Health nformation about any participant maybe released to Employer in any report unless cipant has provided his or her prior written authorization or such inform on is released in accordance with HIPAA (ex. To the minimum extent necessary, when identification is needed for the individual to receive a wellness program incentive tied to this program). 2. Optional Additional Services. The following optional additional services may be elected upon mutual agreeance in writing by the parties, subject to additional fees, terms and conditions: a. TotalRx+ by Everside b. LiveBetter Virtual Mental Health EXHIBIT B Business Associate Agreement This Business Associate Agreement (hereinafter "BAA") effective as of the date of final signature by and between Everside Health, LLC, on behalf of Everside Health's Single Affiliated Covered Entity ("Everside" or "Business Associate") and Indian River County, on behalf of its group health plan ("Client" or "Covered Entity"). RECITALS WHEREAS, the Client and Business Associate are obliged to comply with certain requirements set forth in the Standards for Privacy of Individually Identifiable Health Information under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations including the 2013 HIPAA Omnibus Rule: Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules under the Health Information Technology for Economic and Clinical Health Act ("HITECH") and the Genetic Information Nondiscrimination Act ("GINA"); (collectively referred to as "HIPAA"); and WHEREAS, Business Associate and Client have entered into, or intend to enter into, an Everside Client Agreement ("Agreement") pursuant- to which Business Associate establishes and manages an employer based health and welfare clinic (the "Clinic") for the benefit of Client's employees and/or other members or beneficiaries; and WHEREAS, Business Associate contracts with health care providers to provide services at the Clinic and has business associate agreements with such providers; and WHEREAS, in the course of managing the Clinic, Business Associate may receive, host, use and transmit Protected Health Information ("PHI"); and WHEREAS, the Client anticipates that it may disclose PHI to Business Associate; and WHEREAS, this BAA sets forth the terms and conditions pursuant to which PHI will be handled between the Business Associate and the Client and with third parties during the term of this BAA and thereafter. NOW, THEREFORE, in consideration of the mutual promises below, and the exchange of PHI contemplated by this BAA, Business Associate and Client agree as follows: c. Definitions a. Breach shall have the meaning given to such term in 45 CFR § 164.402. b. Business Associate shall have the meaning given to such term in 45 C.F.R. §160.103. c. Covered Entity shall have the meaning given to such term in 45 C.F.R. § 160.103. d. Designated Record Set shall have the meaning given to such term under the Privacy and Security Rule, including, but not limited to, 45 C.F.R. § 164.581. e. Disclose or Disclosure shall have the meaning given those terms in 45 C.F.R. § 160.103. O 2.022 Everside Health, iLC, :All.ri6ts reserved. CanfidmtiaL 265 f. Electronic Health Record shall have the same meaning as the term "electronic protected health information" in the American Recovery and Reinvestment Act of 2009, § 13400(5). g. Electronic Protected Health Information shall have the meaning given such term in 45 CFR § 160.103. h. Genetic Information shall have the meaning given to such term in 45 CFR § 160.103. i. Health Care Operations shall have the meaning given to such term under the Privacy and Security Rule, including 45 C.F.R. § 164.581. j. Health Care Provider shall have the meaning given such term in 45 C.F.R. § 160.103. k. HIPAA means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-91, as amended, and related HIPAA regulations at 45 C.F.R. §§ 160-164. 1. Individual shall have the meaning given to the term under the Privacy and Security Rule, including, but not limited to, 45 C.F.R. § 160.103. It shall also include a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.582(g). m. Payment shall have the meaning given such term in 45 C.F.R. § 164.581. n. Privacy and Security Rule shall mean the Standards for Privacy of Individually Identifiable Health Information and Security Standards for the Protection of Electronic Protected Health Information that are codified at 45 C.F.R. parts 160 and 164, subparts A, C, and E. o. Protected Health Information or PHI shall have the meaning given such term under the Privacy and Security Rule in 45 C.F.R. § 160.103. It shall include any information created or received by Business Associate from or on behalf of Client. p. Required By Law shall have the meaning given to the term under the Privacy or Security Rule. q. Security Incident shall mean the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system as provided in 45 C.F.R. § 164.304. r. Subcontractor shall have the meaning given to the term under 45 CFR § 160.103. s. Unsecured PHI shall have the meaning given to such term under the Privacy and Security Regulations at 45 C.F.R. § 164.402. Specifically, unsecured PHI shall mean PHI that is not secured by a technology standard approved by the Secretary of HHS that renders PHI unusable, unreadable, or indecipherable to unauthorized individuals. d. Obligations of Business Associate a. Permitted Uses. Business Associate shall not use or disclose PHI except for the purpose of performing Business Associate's obligations under the Agreement or as Required by Law or authorized by the Individual who is the subject of the PHI. b. Permitted Disclosures. Business Associate may disclose PHI for the purpose of performing Business Associate's obligations under the Agreement and BAA. So long as such use or disclosure does not violate the Privacy and Security Rule, the Agreement, or this BAA, Business Associate may use PHI (a) as is necessary for the proper management and administration of Business Associate's organization, or (b) to carry out the legal responsibilities of Everside, and (c) to fulfill its responsibilities under the Agreement. If Business Associate discloses PHI to a third party, Business Associate must obtain, prior to making any such disclosure, (i) reasonable written assurances from such third party that such PHI will be held confidential as provided pursuant to this BAA and only disclosed as Required by Law or for the purposes for which it was disclosed to such third party, and (ii) a written agreement from ® 2022 Everside Health, LLC. All rights reserved. Confidential. 266 such third party to immediately notify Everside of any breaches of confidentiality of the PHI, to the extent it has obtained knowledge of such breach. c. Prohibited Uses and Disclosures. Business Associate shall not use or disclose PHI to a health plan for payment or health care operations purposes if the patient has requested this special restriction, and has paid out of pocket in full for the health care item or service to which the PHI solely relates. Everside shall not directly or indirectly receive remuneration in exchange for PHI, except with the prior written consent or authorization of the Individual; however, this prohibition shall not affect payment by Client to Everside for services pursuant to the Agreement. Business Associate shall not use or disclose Genetic Information for underwriting purposes in violation of HIPAA. d. Appropriate Safeguards. Business Associate shall develop, implement, maintain, and use appropriate safeguards as are necessary to prevent the use or disclosure of the PHI other than as permitted by the Agreement or this BAA, and to implement administrative, physical and technical safeguards as required by the Privacy and Security Rule in order to protect the confidentiality, integrity, and availability of PHI that Everside creates, receives, maintains, or transmits, to the same extent as if Everside were a client. e. Business Associate's Agents. Business Associate shall ensure that any agents, including subcontractors, to whom it provides PHI, agree, in writing, to the same restrictions and conditions that apply to Business Associate with respect to such PHI. Business Associate shall implement and maintain sanctions against agents and subcontractors that violate such restrictions and conditions and shall mitigate the effects of any such violation. f. Designated Record Set. If Business Associate maintains a designated record set on behalf of Client, Everside shall make such information available to Client for inspection and copying within thirty (30) days of a request by Client to enable Client to fulfill its obligations under the Privacy and Security Rule. If Business Associate maintains an Electronic Health Record on behalf of Client, Business Associate shall provide such information in electronic format to enable Client to fulfill its obligations under HIPAA. Likewise, within thirty (30) days of receipt of a request from Client for an amendment of PHI or a record about an individual contained in a Designated Record Set, Business Associate or its agents or subcontractors shall make such PHI available to Client for amendment. If any individual requests an amendment of PHI directly from Business Associate or its agents or subcontractors, and the PHI is originally received from Client, Business Associate will notify Client in writing within thirty (30) days of the request. Any approval or denial of amendment of PHI maintained by Business Associate or its agents or subcontractors shall be the responsibility of Client. Upon approval of Client, Business Associate shall appropriately amend the PHI maintained by it, or any of its agents or subcontractors. g. Accounting Rights. Within thirty (30) days of notice by Client of a request for an accounting of disclosures of PHI from an Individual under 45 CFR § 164.528, Business Associate and its agents or subcontractors shall make available to Client the information required for Client to provide an accounting of disclosures in order to enable Client to fulfill its obligations under the Privacy and Security Rule. Business Associate will not be obligated to record or otherwise account for disclosures of Client's PHI if Client need not account for such disclosures. Business Associate shall maintain the disclosure information for at least 6 years following the date of the accountable disclosure under this Section of the BAA. In the case of a direct request L 2022 Everside Health, LLC. All rights reserved. Confidential. 261 for an accounting from an Individual, Business Associate shall notify Client of the request and shall provide such accounting of disclosures to the Individual. Business Associate shall not disclose any PHI unless such disclosure is required by law or is in accordance with this BAA and shall document such disclosures. h. Governmental Access to Records. Business Associate shall make its internal practices, books and records relating to the use and disclosure of Protected Health Information available to Client and to the Secretary of Health and Humans Services (HHS) for purposes of determining Client's compliance with the Privacy and Security Rule. i. Minimum Necessary. Business Associate and its agents or subcontractors shall request, use, and disclose only the minimum amount of PHI necessary to accomplish the purpose of the request, use, or disclosure. j . Notification to Client of Breach or Unauthorized Disclosure. Everside shall notify Client within twenty (20) business days of any suspected or actual breach of security, intrusion or unauthorized access, use or disclosure of PHI not permitted; by the Agreement and this BAA of which Business Associate becomes aware, and/or any actual or suspected Breach of unsecured PHI of which Business Associate becomes aware. A breach shall be treated as discovered in accordance with 45 CFR , §164.410. The notification shall include the identification of each individual whose PHI or unsecured PHI has been,; or is reasonably believed by the Business Associate to have been, accessed, acquired, or disclosed during such breach, a brief description of what happened including the date of the breach, the date of discovery of the breach and a description of the types of PHI or unsecured PHI that were involved in the Breach. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI or unsecured PHI by Business Associate in violation of the requirements of this BAA. k. Breach Pattern or Practice by Client. If Business Associate knows of a pattern of activity or practice of the Client that constitutes a material breach or violation of the Client's obligations under the Agreement, this BAA, or the Privacy and Security Rule, Business Associate must take reasonable steps to cure the breach or end the violation. 1. Audits, Inspection and Enforcement. Within twenty (20) days of a written request by Client, Business Associate and its agents or subcontractors shall allow Client to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures of Business Associate relating to the use or disclosure of PHI pursuant to this BAA. e. Termination a. Term. The term of this BAA shall be effective as of the date of execution and shall remain in effect until the later of one (1) year from the effective date or the expiration or termination of the underlying Agreement. Any provision related to the use, disclosure, access, or protection of PHI shall survive termination of the BAA and Agreement. b. Material Breach. A breach by Business Associate, or its agents or subcontractors, of any provision of this BAA or of the data provisions of the Agreement, as determined by Client, shall constitute a material breach of the Agreement and shall be grounds for immediate termination of this BAA. Client may terminate this BAA effective immediately, if (i) Business Associate is a defendant in a criminal proceeding for a violation of HIPAA, HITECH, the Privacy and Security Rule, or other security or privacy laws or (ii) there is a finding or ® 2022 Everside Health, LLC. All rights reserved. Confidential. 268 stipulation that Business Associate has violated any standard or requirement of HIPAA, HITECH, the Privacy and Security Rule, or other security or privacy laws in any administrative or civil proceeding regarding the Agreement or services thereunder. c. Effect of Termination. Upon termination of the Agreement for any reason, Business Associate shall, return to the appropriate covered entity or destroy as appropriate all PHI that Everside or its agents or subcontractors still maintain in any form, and shall retain no copies of such PHI except as necessary to fulfill its obligations under the Agreement, to continue its proper management and operations, or to comply with applicable law. If return or destruction is not feasible, Business Associate's obligation to protect the privacy and safeguard the security of Client's PHI as specified in this Agreement will be continuous and survive the termination or other conclusion of this BAA. Business Associate shall limit its further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. If Client elects destruction of the PHI, Business Associate shall certify in writing to Client that such PHI has been destroyed as promptly as possible, but no later than 30 calendar days following the termination or other conclusion of this BAA. 4. Amendment The parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of the Agreement or this BAA may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement the standards and requirements of HIPAA, the Privacy and Security Rule, and other applicable laws relating to the security or confidentiality of PHI. 5. No Third Party Beneficiaries Nothing express or implied in the Agreement or BAA is intended to confer, nor shall anything herein confer, upon any person other than Client, Business Associate, and their respective successors or assigns, any rights, renjgdjgL&Wjg1&ns or ligbiWes whatsoever. 6. Except this B) 7. Indemnification purposes of this BAA, or to the extent inconsistent with remain in full force and effect. Business Associate shall indemnify, hold harmless and defend Client from and against any and all claims, losses, liabilities, costs and other expenses resulting from, or relating to, any third party claim arising from an alleged breach by Business Associate or in connection with the representations, duties and obligations of Business Associate under this Agreement. Client shall indemnify, hold harmless and defend Business Associate from and against any and all claims, losses, liabilities, costs and other expenses resulting from, or relating to, any third party claim arising from an alleged breach by Client or in connection with the representations, duties and obligations of Client under this Agreement. 2.022 Ev"de Health, LLC., :AD.rights reserved. ConfideoOL �k If the indemnifying party assumes the defense of a claim, the indemnified party shall have the right, at its expense, to participate in the defense of such claim, and the indemnifying party shall not take any final action with respect to such claim without the prior written consent of the indemnified party. The parties' respective rights and obligations under this Section 7 shall survive termination of the Agreement. The Client's responsibilities under this section are only to the limits set forth in 768.28, Florida Statutes. 8. Interpretation The provisions of this BAA shall prevail over any provisions in the Agreement that may conflict or appear inconsistent with any provision in this BAA, including any prior Business Associate Agreements entered into between the parties. This BAA and the Agreement shall be interpreted as broadly as necessary to implement and comply with HIPAA, the Privacy and Security Rule. The parties agree that any ambiguity in this BAA shall be resolved in favor of a meaning that complies and is consistent with HIPAA, and the Privacy and Security Rule. The parties stipulate and agree that Business Associate may unilaterally amend this BAA to comply with any changes to the Privacy and Security Rule or any other applicable law. 9. Non -Discrimination Everside shall not discriminate against any individual on the basis of race, color, age, creed, religion, sex, sexual orientation, ancestry, national origin, marital status, genetic information, pregnancy or handicap/disability, nor shall Everside fail or refuse to reasonably accommodate disabilities in accordance with applicaia IN WITNESS VMFKE0F,1Mparties. written above. EVER5IDE Everside Health, LLC, on behalf of Everside Health's Single Affiliated Covered Entity CLIENT Indian River County, on behalf of its group health plan By: By: Name: Betsy Donat-Ardita Name: Title: Privacy Officer Title: Date: Date: CO 2022 Everside Health, %L C..:All.rightsY�eetVed Confidential. 270 EXHIBIT C Laboratory and Pharmaceutical Expenses 1. Labs. Lab tests may be recommended to patients based on their individual needs. Everside shall bill, and Client shall pay for the pass-through lab testing costs Everside incurs on behalf of Client from its contracted lab vendor. Such costs will be reflected on regular invoicing Client receives in accordance with the Agreement. Client may request de -identified information related to actual lab services ordered if desired. 2. On-site Pharmaceutical Supplies. The Everside Health Center stocks a formulary of commonly prescribed generic medications, which providers may dispense to patients onsite. Everside will bill, and Client shall pay, the pass-through costs for medications as dispensed. Such costs will be reflected on regular invoicing Client receives in accordance with the Agreement. Client may request de -identified information related to the actual medications dispensed. 3. Immunizations, Injections, and LARCs. The Everside Health Center stocks and may administer common pediatric and adult vaccinations and injections. The Everside Health Center may also order long-acting reversible contraceptives (LARCs) such as IUDs and implants as needed. There is no charge for administration of these items. However, for the vaccine, injectable, or device itself, Everside will bill the Client. 4. Everside reserves the right to make any reasonable changes associated with any equipment or supplies related to the laboratory tests and pharmaceuticals regarded in this Exhibit C based on the input and guidance of the Medical Team. EXHIBIT D Start -Up Requirements The items and services listed below are required at the Everside Health Center. Everside shall arrange costs for all necessary items ("Start -Up Costs"), including but not limited to the items listed below, and shall bill Client on a monthly basis as needed. 1. Building Services. a. Access to water/plumbing for restrooms, examination room sinks, etc. b. High quality ventilation that prevents the spread of germs and sound c. Telephone service for a phone system and fax machine d. Dedicated internet circuit with minimum of 50/50 Mbps speed and wireless access points providing strong signal strength throughout the health center e. Cleaning services and appropriate waste disposal services f. Security system with keypad entry 2. Facility Features. a. At least 1,500 square feet of dedicated space b. Secure/lockable spaces to protect confidential records, drugs, and equipment c. Soundproof spaces for Medical Team offices and exam rooms d. Clear and visible access to Everside Health Center from street/parking lot e. Opportunity for private/discrete access to and from Everside Health Center f. Professional medical tile floors g. A professional and attractive health care environment h. Break room for the Medical Team that includes basic kitchen appliances i. Restrooms located near exam rooms for urine samples, etc. j. Professional lighting 3. Facility Assets. a. ,Medical equipment & non -disposable medical supplies b. Telephone system & cabling c. Office supplies d. Technology (office software & firewall) e. Office furniture f. Security system & sound attenuation equipment g. Interior signage and artwork 4. Space Layout. Everside shall develop the space and interior design and furnishings for the Everside Health Center. Everside must approve the layout, design, and furnishings of the Everside Health Center to ensure that reasonable and necessary quality standards and specifications are met. 5. Compliance. Everside shall be responsible for build out and ensuring that all building construction and/or renovation for the Everside Health Center is performed according to applicable state codes, standards, and policies pertaining to fire prevention and building safety. EXHIBIT E ® 2022 Everside Health, I.I.C..:A11.rights reserved. Confidential. 272 Responsibility for Operations and Maintenance Expenses Everside shall coordinate with independent or third -party vendors as necessary to permit the following supplies and services to be available at the Everside Health Center. Upon Client's prior approval of such vendors, and further upon Client's prior approval of costs in excess of any maximum amounts described below, Client will be responsible for costs associated with the following supplies and services. 1. Replenishment of Clinical, Medical, and Office Supplies. Client will assume fmancial responsibility, on an on-going basis, for all clinical, medical, and office supplies. Everside will be responsible for providing, on Everside's regular invoices issued to Client, line items for supplies on a monthly basis. Total costs for such supplies in excess of $2,001 per month (excluding clinic pharmaceutical stock) shall be approved by Client in advance prior to submitting invoices that exceed $2,001 per month. 2. Routine Operational Services. Client will assume financial responsibility for the costs associated with providing, on an on-going basis, the following operational services: a. Telephone Service b. Internet Service c. Utilities d. Lease expenses Client further agrees to pay any termination fees associated with the above -listed Routine Operational Services upon termination of this Agreement. Everside shall use commercially reasonable efforts to transfer the above -listed Routine Operational Services a successor provider upon Client's request. Everside agrees to provide, on Everside's regular invoices issued to Client, line items for each Routine Operational Service listed above. 3. Routine Maintenance Services. Client is responsible for the costs associated with the services identified below ("Routine Maintenance Services"). Everside will use Everside's preferred contract vendors to provide Routine Maintenance Services, and provide invoices to Client in accordance with Section 3.10. Client shall pay the invoiced amount within thirty (30) calendar days of receipt of each invoice. a. Filtered or Bottled Water Service b. Shredding Service c. 02 Fill -Up d. Hazardous Waste Removal Service e. Alarm Monitoring f. Cleaning Service 4. Non -Routine Maintenance Services. Client is responsible for any expenses incurred by Everside for non -routine maintenance, repair, or replacement of the equipment, furniture, © 2022 Everside Health, LLC. All rights reserved. Confidential. 273 fixtures, or facility services required at the Everside Health Center. Everside shall submit to Client for approval, any repair or replacement of equipment, furniture, fixtures, or facility service, prior to contracting for the work. Everside shall provide, on its regular invoicing to Client, line items for each Non -Routine Maintenance Service. Everside shall provide receipts to Client for each Non -Routine Maintenance Service item invoiced upon request. Client shall reimburse Everside for the invoiced amount within thirty (30) calendar days of receipt of such invoice(s). 5. Other Expenses. Client shall reimburse Everside for other, unanticipated, mutually agreed upon expenses, which may arise and which are necessary for the efficient and effective operation of the Health Center. EXHIBIT F Network Requirements for Member Access to Everside Services ARTICLE I Member Portal 1.1. URL: https://members.Eversidehealth.com/ 1. Please make sure this web site is not blocked and there are no content restrictions that may cause the portal to not function as expected. 1.2. Browsers that have been confirmed to be compatible with the Member Portal 1. Chrome 2. Firefox 3. IE 4. Note 1: Most versions of each browser will be compatible but we highly recommend that the user download the latest version. 5. Note 2: If the browser is configured to not accept third party cookies, then the user will have to add the following site as an exception: https://mycw30.eclinicalweb.comiportal3ll5/jv/100mp/lo .jsn ' ARTICLE II Emails - 1.3. Please make sure that emails s e followin"o unblocked: 1. 129.41.172.176 (IP addres 2. mail8950.email.Eversideheal ): 3. @bounce.emailEversidehealth. (en eturn-path) 4. @emailEversidehealthscom (sen 5. @Everside '` Lh.com 6. @eclinical .. ARTIC 's to 1: ` Eversidehealth.60M 1.5.li�.email.EversidetA'rt .com 2-M Exhibit G: Performance Guarantees The following are the initial performance guarantees agreed upon by Everside and Client. Everside shall report to Client on such performance guarantees on an annual basis. At -Risk Amount: Everside agrees that beginning in the first year following the Health Center Opening Date (such year, and each year thereafter, a "Clinic Year"), up to ten percent (10%) of all Ongoing Operations and Staffing Fees set forth in Section 5.2, with the exception of fees for any labs collected and any prescription medications dispensed at the Everside Health Center, that are paid annually (the "At - Risk Amount") shall be at risk for the performance guarantees set forth herein. The At -Risk Amount is allocated to the following three categories: 1. Patient Satisfaction 40% of At -Risk Amount 2. Engagement 30% of At -Risk Amount, beginning'` Clinic Year 2 3. Clinical Performance 30% of At -Risk Amount © 2022 Everside Health, LLC. All rights reserved. Confidential. 276 1. Patient Satisfaction Performance Guarantee: The amount at risk for the Patient Satisfaction Guarantee will be 40% of the At -Risk Amount. Definitions: • Population: Patients Age > 18 years. • NPS: Net Promoter Score (NPS) is calculated by subtracting the percentage of Detractors from the percentage of Promoters, in the patient satisfaction survey. Conditions: • If the Everside Health Center is not fully staffed with a Medical Team as defined in Section 1.7 for 120 consecutive days or more during ,the 1 -year measurement period, then the Patient Satisfaction Performance Guarantee d year shall be void. • If Everside makes available 50 or more si: but receives fewer than 50 surveys during the 1 -year measurement period, then the Patient Satisfaction Guarantee for said year shall be void. Patient Satisfaction Survey: Everside will send a Patient Satisfaction Survey after an appointment. During each Patient Satisfaction Survey, respondents give a rating between 0 (not at all likely) and 10 (extremely likely) and, depending on their response, they fall into one of 3 categories to establish an NPS score: • Promoters respond with a score of 9 or 10 and are typically loyal and enthusiastic patients. • Passives respond with a score of 7 or 8. They are satisfied with the service but not happy enough to be considered promoters. • Detractors respond with a score of 0 to 6. They are unhappy patients who are unlikely to engage again and may even discourage others from engaging with us. Patient Satisfaction Performance Guarantee metric: Annual Net Promoter Score Percent of At -Risk Amount to Refund to Client <70% 40% >80% 0% 2. Engagement Performance Guarantee: The amount at risk for the Engagement Performance Guarantee will be 30% of the At -Risk Amount, and shall begin in the second year in which Members have access to the Health Center. Definitions: • Population: Eligible Members age > 18 years will be considered. 0 • Unique Engagement Rate: For the purpose of evaluating the Engagement Performance Guarantee, Unique Engagement Rate is defined as the unique patients (and not visits by the same individuals) that were engaged by Everside during the Clinic Year. • Engagement: Engagement is defined as any patient interaction with an Everside provider using any modality such as in-person, video, phone, portal and mobile app (including secure messaging, prescription refills, remote monitoring, or health coaching). Conditions: • If the Everside Health Center is not fully staffed with a Medical Team as defined in Section 1.7 for 120 consecutive days or more during the 1 -year measurement period, then the Engagement Performance Guarantee for said year shall be void. • Client must adhere to Communications and Data clauses in Section 4.7; otherwise, this Engagement Performance Guarantee Metric is void. Engagement Performance Guarantee Metric: 1. The engagement performance guarantee set forth in the table below is based on percentage of Enrolled Members ages 18 and older who have at least one engagement with Everside between the start and end of each year. 2. Furthermore, beginning on the first annual anniversary of the Health Center Opening Date and continuing each year during the term of the Agreement, Everside guarantees that 50% or more of individuals, who have been Eligible Members for 180 days or more, ages 18 and older, will have a documented annual physical exam 0 2022 Everside Health, L.I.C. All rights reserved. Confidential. 2M Patient Percent of At -Risk Year Engagement Amount to Refund to Client if Target is Not Met Year 2: First annual anniversary of Health <45% 25% Center Opening Date to second annual >55% 0% anniversary of Health Center Opening Date Year 3: Second annual anniversary of <50% 25% Health Center Opening Date to third >60% 0% annual anniversary of Health Center -Opening Date 2. Furthermore, beginning on the first annual anniversary of the Health Center Opening Date and continuing each year during the term of the Agreement, Everside guarantees that 50% or more of individuals, who have been Eligible Members for 180 days or more, ages 18 and older, will have a documented annual physical exam 0 2022 Everside Health, L.I.C. All rights reserved. Confidential. 2M in the last 365 days. If this target is not met in any given year, then Everside will refund 5% of the At -Risk Amount to Client. a 3. Clinical Performance Guarantee: The amount at risk for the Clinical Performance Guarantee will be 30% of the At -Risk Amount. Definitions: • Population: Only individuals who have been Eligible Members for > 180 days, with age > 18 years, and who also have seen an Everside provider to complete a physical examination will be considered. • The amount at risk for each Clinical Measure, which shall be refunded to the Client if the target for such Clinical Measure is not met, shall be 5% of the At -Risk Amount. Conditions: • If the Everside Health Center is not fully staffed with a Medical Team as defined in Section 1.7 for 120 consecutive days or more during the 1 -year measurement period, then the Clinical Performance Guarantee for said year shall be void. Clinical Performance Guarantee metric: The table below depicts the clinical performance guarantee: © 2022 Everside Health, LLC. All rights reserved. Confidential 290 Numerator compliant: HbA1c performed and <8% in measurement period. ;All patients 18 - Numerator noncompliant: if Hba1c > 8%, 75 with DM Ty 254% missing a result or not done in 1 or Type 2 measurement period A nephropathy screening or monitoring t (Urine Protein); evidence of treat nephropathy or ACE/ARB therapy; Evidence All of stage 4 chronic kidney disease; evidence. �p of ESRD; Evidence of kidney transplant; A DM Type z86% 4 sn with a nephrologist (as evidence by ferral); At least 1 ACE inhibitor or A ispensing event - All patients 18 years or older as with a confirm Patients 18-59 years of age whose BP w <140/90 mmHg; Patients 60-85 years of age dx of HTN w/ dx of DM whose BP was <140/90; documented in z51% Patients 60-85 years of age w/o a dx of DM Problem list, OV whose BP was <150/90mmHg note, SOAP note, Encounter form, dx report. Patients 18 and older screened for BMI All patients who using height and weight. Bre 18 years and >_60% !der Patients 18 and older screened for clinical` j. depression using either a PHQ-2 or during the measurement period. All patients who t Patients 18 and older identified as current are 18 years and or heavy nicotine/tobacco users who older who receive evidence -based counseling focused identify as >_20% on shifting someone towards quitting current or heavy tobacco/nicotine use. tobacco or nicotine user 291 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 3.4 County Attorney's Matters - B.C.C. 2.21.23 Of ce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 9, 2023 SUBJECT: 61 st Drive Maintenance Map ATTORNEY BACKGROUND As part of the West Wabasso Septic to Sewer Project, the County intends on installing sewer facilities along 61 st Drive. In fact, the County has recently purchased two lots on 61St Drive, which will serve as the location for part of the sewer infrastructure in the area. Pursuant to section 95.361, Florida Statutes, if a road has been constructed by a nongovernmental entity, or where the road was not constructed by the entity currently maintaining or repairing it, or where it cannot be determined who constructed the road, and when such road has been regularly maintained or repaired for the immediate past 7 years by a county, such road shall be deemed to be dedicated to the public to the extent of the width that actually has been maintained or repaired for the prescribed period. County records indicate that the County has been maintaining 61st Drive for the period set forth in statute and thus, County staff is proposing to file the attached maintenance map with the Clerk of the Circuit Court as provided for under the statute. The filing of the map will be prima facie evidence of ownership of the land by Indian River County. With 61St Drive being a public road, the County will be able to install the sewer infrastructure necessary to complete this phase of the West Wabasso Septic to Sewer project. Notices of this public meeting were sent to all of the owners of property along 61St Drive. It is important to note that the County ownership will only extend to the limits of the area being maintained by the County. FUNDING County staff spent $12.60 on first class letters to the property owners, which was paid for from the Utilities/Cust Svc/Postage account, number 47126536-034210. The cost of recording the maintenance map would be approximately $75.00 and would come from the ARP Fund/ARP/Constr Prg/West Wabasso Sewer Phase 3 account, number 13821936-066510-21512. C. IGrodearlL &8 51L51TempWJa00356-Ifed-4e2a-8567-499056lela04.dm 282 Board of County Commissioners February 9, 2023 Page 2 RECOMMENDATION The County Attorney's Office recommends that the Indian River County Board of County Commissioners vote to authorize the chair to execute and the County Attorney's Office to file the maintenance map with the Clerk of the Circuit Court as proscribed by Florida Statutes. ATTACHMENT 61St Drive Maintenance Map Example of Letter C:IGraMc Vxg&w51L51T=Wid3a003561fed-4da45674990561e1a04.dx 283 A s. g `R yb� 33 G a�ir CO < v G b = s a a o a'g $ F ase it UN7'Y� m y9 i O 2 W g° yoR E W i ��� as gag yb sy i z =sLL a3 ;99 a as oN LU S € o. y b a i> ' 9= 0 g `dl R Z Q w xW s a jff a 6 5 23 'J., x IgE s y be o U z z0 ZMflm ££° off° a LLge € e sEs m g'� yR€ S� a�� � S a�R > > N 3ou»iw �_; krswwaWNww o � W Z Ix z a w � o m 4g ��°. bo= 3 ;! 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N W E r INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 180127" Street, Vero Beach, FL 32960-3388 February 1, 2023 Regina Williams & Alesia Williams PO Box 673 Vero Beach, FL 32961 RE: Notice of Public Meeting for Indian River County Board of County Commissioners Approval of a Public Works Maintenance Map for 615` Drive County records indicate that you own property along 61St Drive north of CR510 (85th Street) in the West Wabasso neighborhood. If said statement is true, please be advised that Florida Statutes, Section 95.361 reads: "....if a road has been constructed by a nongovernmental entity, or where the road was not constructed by the entity currently maintaining or repairing it, or where it cannot be determined who constructed the road, and when such road has been regularly maintained or repaired for the immediate past 7 years by. a county, such road shall be deemed to be dedicated to the public to the extent of the width. that actually has been maintained or repaired for the prescribed period." County records indicate that the County has been maintaining 61St Drive for a period greater than the 7 years set forth in statute. Furthermore, the County has previously paved the majority of 61St Drive and thus, is proposing to file the attached maintenance map with the Clerk of the Circuit Court under the statute, providing further evidence of the County's ownership of 61s' Drive. This maintenance map is necessary to ensure the County's Department of Utility Services has the necessary Right of Way (ROW) to install a sewer main along 615' Drive as part of their Septic to Sewer (S2S) project within the West Wabasso neighborhood. This letter is to advise you that the Indian River County Board of County Commissioners, at its regular scheduled meeting on February 21, 2023, will consider approval of the attached maintenance map. A staff report on the proposed maintenance map will be posted on the County website at www.ircgov.com on or before Friday, February 17, 2023. However, if you have any questions, you are welcome to call me at 772- 226-1835, or Dylan Reingold, County Attorney, at 772-226-1427. Respe/Lwi ly, — —S anske S �an Director of Utility Services Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney C t County Attorneys Matters - B. CC 2.21.23 O JCe of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 3, 2023 SUBJECT: Residency Restrictions for Registered Sex Offenders — Permission to Advertise BACKGROUND. On September 20, 2022, the Indian River County Board of County Commissioners directed the County Attorney and staff to work with the Sheriffs Office regarding the False Alarm Ordinance, the expansion of adult arcades, regulation of sober homes, and residency restrictions for sexual offenders. As a follow- up to that effort, the County Attorney's Office in conjunction with the Sheriff's Office has drafted the attached language modifying the current requirements set forth in section 306.06 of the Indian River County Code of Ordinances (the "Code"). The proposed draft includes definitions for various terms. Currently, section 306.06 of the Code does not contain any definitions. The current residency restrictions are set forth in the attached current version of section 306.06 of the Code. These restrictions include distance limitations of 2,500 feet from a public or nonpublic elementary or secondary school, public park or licensed child care facility. There are several exceptions set forth in section 306.06 of the Code, including for persons who 1) are required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility; 2)'are subject to an order of commitment under Chapter 394, Florida Statutes (Mental Health); 3) have established a residence prior to the February 7, 2006, or a school or child care facility is newly located on or after February 7, 2006; 4) are a minor or a ward under a guardianship. Additionally, there is an exception pertaining to instances when a state of emergency has been declared and the public or nonpublic elementary or secondary school, public park or registered child care facility has been designated as an emergency shelter. In these situations, there are notification requirements for such persons. The draft language maintains a 2,500 foot distance requirement for "any public or non-public elementary, middle, secondary or high school, public park, or licensed child care facility." The draft language also contains similar exceptions as the current language set forth in section 306.06 of the Code. The critical aspect of the draft language is clarifying through definitions some of the terms used in the Code. FUNDING. The only cost associated with this item is the advertising cost for the public hearing which is estimated to be approximately $150.00 and is available from General Fund/County Attomey/Legal Ads; Account No. 00110214-034910. 289 C. IGrmdc U. gi m 51L51TaW16da543d0-c993adba-8d93-30ae2dd4772c.doc Board of County Commissioners February 3, 2023 Page 2 RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners authorize staff to advertise for a public hearing on March 28, 2023 to consider an ordinance amending Indian River County Code of Ordinances pertaining to residency restrictions for registered sex offenders. ATTACHMENT. Section 306.06 of the Indian River County Code of Ordinances Draft Ordinance Language C. IGra inu Legbmr31L31Templ&W43dOc993-44a-8493-30ae2dd4771c.dm 290 Section 306.06. - Residency restrictions for registered sex offenders. For purposes of this section, "person" means a person who has committed a criminal offense against a minor, or an aggravated offense, sexually violent offense, or other relevant offense that involved a minor and is required by Florida Statutes to register their residence with the sheriff. (1) A person shall not reside within two thousand five hundred (2,500) feet of the real property comprising a public or nonpublic elementary or secondary school, public park or licensed child care facility. (2) A person who resides within two thousand five hundred (2,500) feet of the real property comprising a public or nonpublic elementary or secondary school, public park or licensed child care facility, commits a misdemeanor. (3) A person residing within two thousand five hundred (2,500) feet of the real property comprising a public or nonpublic elementary or secondary school, public park or licensed child care facility does not commit a violation of this section if any of the following apply: The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility. The person is subject to an order of commitment under F.S. Ch. 394. The person has established a residence prior to the February 7, 2006, or a school or child care facility is newly located on or after February 7, 2006. The person is a minor or a ward under a guardianship. e. A state of emergency has been declared and the public or nonpublic elementary or secondary school, public park or registered child care facility has been designated as an emergency shelter. If a person seeks shelter in a facility that has been designated as an emergency shelter, the person shall notify the official in charge of the shelter that he or she is a person required to register their residence under Florida Law. If sufficient space permits, the persons may be kept in a separate room at the shelter. Failure to notify the official in charge of the shelter of a person's requirement to register their residence shall be a violation of this section. 291 Section 306.06. Residency restrictions for registered sex offenders, The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section and section 306.065, except where the context clearly indicates a different meaning: (1) Conviction means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. (2) Licensed childcare facility means any child care facility licensed by the state pursuant to F.S. Ch. 402. (3) Park means a publicly owned or operated area used or available for the public's use as a recreational facility, including, by way of example and not limitation, ball fields, outdoor play equipment (playground), pools, linear parks, nature preserves and beaches. (4) Permanent residence means a place where a person abides, lodges, or resides for five or more consecutive days, and which includes motor vehicles, trailers, mobile homes, manufactured homes, vessels, live -aboard vessels and houseboats. (5) School means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, or other public -school level authorized under rules of the State Board of Education pursuant to F.S. 1003.01. (6) Sexual offender shall have the meaning ascribed to such term in F.S. § 943.0435. (7) Sexual predator shall have the meaning ascribed to such term in F.S. § 775.21. (8) Temporary residence means a place where a person abides, lodges, or resides for a period of five days or more in the aggregate, during any calendar year, and which is not the person's permanent residence, or place where a person routinely abides, lodges or resides for a period of five or more consecutive or non- consecutive days in any month, which is not the person's permanent residence, and which includes, motor vehicles, trailers, mobile homes, manufactured homes, vessels, live -aboard vessels, and houseboats. (9) Transient residence means a county where a person lives, remains, or is located for a period of 3 or more days in the aggregate during a calendar year and which is not the person's permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address. Section 306.065. Prohibitions, exceptions and penalties. (1) A sexual offender or sexual predator shall not reside or establish a permanent, temporary, or transient residence within 2,500 feet of the real property comprising of any public or non-public elementary, middle, secondary or high school, public park, or licensed child care facility. (2) For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of the public or private elementary, middle, secondary or High school, park or licensed child care facility. (3) A sexual offender or sexual predator residing within 2,500 feet of the real property comprising of a public or non-public elementary, middle, secondary school or high school, public park or licensed child care facility does not commit a violation of this section if any of the following apply: a) The public or private elementary, middle, secondary or high school, public park or licensed day care facility within 2,500 feet of the sexual offender's or sexual predator's permanent or temporary residence was opened and/or established after the sexual offender or sexual predator established the permanent or temporary residence. Page 1 of 2 292 b) The sexual offender or sexual predator is subject to an order of commitment under F.S. Ch. 394. c) The sexual offender or sexual predator is a minor or a ward under a guardianship. d) A state of emergency has been declared and the public or nonpublic elementary or secondary school, public park or registered child care facility has been designated as an emergency shelter. If a sexual offender or sexual predator seeks shelter in a facility that has been designated as an emergency shelter, the person shall notify the official in charge of the shelter that he or she is a person required to register their residence under Florida Law. If sufficient space permits, the persons may be kept in a separate room at the shelter. Failure to notify the official in charge of the shelter of a person's requirement to register their residence shall be a violation of this section. (4) This ordinance does not apply to asexual offender or sexual predator who registered a permanent residence prior to February 7, 2006, and has continuously resided at that address. (5) A sexual offender or sexual predator who violates this section shall be guilty of a second-degree misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment for a term not to exceed 60 days, or by both fine and imprisonment. Page 2 of 2 293 February 21, 2023 ITEM 14.A. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 15, 2023 SUBJECT: Indian River Soil and Water Conservation District Board of Supervisors Candidate Selection FROM: Joseph H. Earman Commissioner, District 3 Background IRSWCD is requesting our assistance in finding a qualified person in District 4 that would be a candidate to serve on the Board of Supervisors. Discussion Request suggestions for candidates to serve on the IRSWCD Board of Supervisors. Attachments Letter dated February 13, 2023 from Robert C. Adair, Jr., Chairman Indian River SWCD. 294 Indian River Soil and Water 1800 2r Street, Building B (2nd Floor) Vero Beach, Florida 32960 Phones: (772) 2264397 FAX: (772) 226-1740 February 13, 2023 The Honorable Joseph Earman, Chairman Indian River County Board of County Commissioners Commissioner, District 3 1801 27t' Street Vero Beach, FL 32960-3388 Dear Chairman Earman: As Chairman of the Indian River Soil and Water Conservation District (IRSWCD), I would like to apologize for any oversight in not contacting you directly for assistance in finding a qualified person in your District 3 as well as District 4 that would be a candidate to serve on the Board of Supervisors. During our monthly meeting held today, IRSWCD did select Ken Hendrix as a Supervisor for District 3. At this juncture, the IRSWCD would like to formally request your assistance in finding a qualified person in District 4 that would be a candidate to serve on the Board of Supervisors. If you or any of the other County Commissioners know of anyone qualified to serve on our Board, we would greatly appreciate your input. IRSWCD definitely wants to continue to have a successful partnership to serve all citizens of Indian River County, and especially those whose primary responsibility and needs are dependent on successful agricultural practices. Thank you in advance for your time and consideration. Your assistance is greatly appreciated. Sincerely, Robert C. Adair, Jr. Chairman, Indian River SWCD /Inc Enclosure cc: Lisa Plesnarski, Ed Offutt, Dylan Reingold, Michael Zito 295 Additional Item 14.A.2. February 21, 2023 ITEM 14.A. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 17, 2023 SUBJECT: Board Member Participation in Executive Roundtable's Communities that Care Joint Vision Statement Session FROM: Joseph H. Earman Commissioner, District 3 Background United Way is holding an executive roundtable meeting as a joint meeting with community board members on February 23, 2023. Discussion I'd like to discuss arranging for Board member representation at the February 23rd meeting, and the possibility of having a commissioner or staff member as a point person to serve on the community board. Attachments 02-23-2023 Joint Session Agenda NE) FEBRUARY 21, 2023 ITEM 14.E INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 31, 2023 SUBJECT: Request from Vero Beach Film Festival to use Commission Chambers June 8-11, 2023 FROM: Laura Moss Commissioner, District 5 Discussion Item: The highly successful Vero Beach Film Festival (VBFF) is to be held June 8-11 this year. As they did last year, the organizers have reached out and requested use of the Commission Chambers. Staff has advised that the event went smoothly last year. There were two information technology technicians who worked a combined total of 24 hours and tree facilities personnel who worked a combined total of 24 hours. Current cost for the same staff time this year is estimated to be $2,331.16 to which VBFF has agreed. No wine is served during the showings. Action: Respectfully request that the Board grant permission to VBFF to utilize the Commission Chambers again this year. The venue is popular and reflects well on our community. VBFF attracts tourism to our area. 296 Additional Item 15.A.1. February 21, 2023 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Michael C. Zito, Interim County Administrator David Johnson, Director, Department of Emergency Services FROM: David Rattray, Fire Chief DATE: February 17, 2023 SUBJECT: Waiver of Requirement for Bids for Annual Physical Exams BACKGROUND: Public Safety Physical exams are required to be provided to first responders annually. In the past, the Fire Rescue Division has piggybacked a Lake County agreement with Life Extension Clinics, Inc., DBA Life Scan Wellness Centers. The Division has received a quote for the physicals, at a much lower rate than the Lake County agreement pricing. DISCUSSION: The base price quoted for the physicals, which include laboratory tests, ultrasound screenings for early detection of heart disease and cancer, cardiopulmonary testing, and fitness evaluation is $426. The base price on the Lake County contract is $732. Additional tests may be required, as needed, per individual first responder, at the following costs, per the quote: Public Safety Annual Physical $426 OSHA Respirator Mask Fit Testing $ 57 Drug Screen $ 57 Phlebotomist (Blood Draw) Fee $ 26 Medical Review Officer review $132 The total of all potential necessary costs on the quote ($698) is below the cost of just the basic physical ($732) on the Lake County agreement. Utilizing the pricing in the Lake County agreement would not require Board authorization, however acceptance of the much lower, non -contract pricing provided on the quote does require Board approval. Staff has not been able to find a related cooperative or piggyback agreement with better pricing than the Lake County agreement, and would like to request the Board waive the requirement for bids. FUNDING Costs for the physicals will be paid from 11412022-033120, with $247,580 currently available. 216-I' Additional Item 15.A.1. February 21, 2023 RECOMMENDATION Staff recommends the Board waive the requirement for bids and authorize the Purchasing Division to issue a purchase order in the amount of $209,400.00 to Life Extension Clinics, Inc., DBA Life Scan Wellness Centers. ATTACHMENTS: LifeScan Quote dated January 19, 2023 zk4 z LIFE SCAN PUBLIC SAFETY PHYSICAL EXAM 2023 PRICE QUOTE: Indian River Fire Department Indian River, FI Jennifer Pridgeon January 19, 2023 Number of Firefighters:TBD Public Safety Annual Physical Medical & Occupational/Environmental Questionnaire Included Comprehensive Hands -On Physical Exam Included Vital Signs: Height, Weight, Blood Pressure, Pulse Included Sleep Disorder Evaluation, Epworth Sleep Scale Included Back Health Evaluation Included Urinalysis Included Audiogram Included Titmus Occupational Vision with Peripheral, Depth Perception, and Color Included Breast Exam with Self -Exam education Included Personal Consultation with review of testing results Included Laboratory Tests: Comprehensive Metabolic Panel, Blood Chemistry Included Complete Blood Count, Hematology Panel Included Hemoccult Stool Test for Colon Cancer Screening Included Total Lipid Panel Included Thyroid Test TSH Included Glucose Included Hemoglobin Al C Included PSA Prostate cancer marker, Men Included Testosterone Men Included Ultrasound Screenings (Early Detection of Heart Disease and Cancer: Echocardiogram Heart Ultrasound Included Carotid Arteries Ultrasound Included Aorta and Aortic Valve Ultrasounds Included Liver Ultrasound Included Gall Bladder Ultrasound Included Kidneys Ultrasound Included Spleen Ultrasound Included Bladder Ultrasound Included Thyroid Ultrasound Included Prostate Ultrasound Included Testicular Ultrasound Included Ovaries and Uterus Ultrasounds Included Cardiopulmonary Testing Cardiac Stress Test Treadmill with 12 lead, sub -maximal, Bruce Protocol Included EKG, 12 Lead Included Spirometry, PFT Lung Capacity Included OSHA Respirator Medical Clearance Included Fitness Evaluations per NFPA 1583—IAFFIIAFC Wellness Fitness Initiative: Fitness tests for muscular strength & endurance Included Sit and Reach, Planking, Grip Strength, Included Sit Up Test, Wall Sit, Flexibility Included V02 Max Calc for Aerobic Capacity Included Bodv Wei ht and Composition Included Personal Fitness Rx Included Personal Wellness Plan with recommendations Included LIFE SCAN PUBLIC SAFETY PHYSICAL EXAM 2023 TOTAL COST $426.00 2q�'3 OTHER Tests Available: Line -Item COST Chest X -Ray, 2 view with radiologist review $91.00 Lumbar X -Ray, 2 view with radiologist review $91.00 Hazmat Cholinestrese $91.00 Hazmat Heavy Metals $91.00 Hepatitis A Screening Test $65.00 Hepatitis A Titer $44.00 Hepatitis B Screening Test $72.00 Hepatitis B Titer $40.00 Hepatitis C Screening Test $65.00 HIV Test, Gen 4 $37.00 PPD TB Skin Test $37.00 QuantiFeron TB Blood Test $87.00 Tda Tetanus, Diphtheria, Pertussis Titer $37.00 MMR Booster $97.00 MMR Titer $97.00 Varicella Titer $144.00 Polio Booster $37.00 Polio Titer $71.00 OSHA Respirator Mask Fit Testing Portacount $57.00 Drug Screen, I CUP $57.00 Drug Rescreen with confirmation $65.00 Medical Review Officer MRO as indicated/secondary review $132.00 Phlebotomist (Blood Draw) Fee $26.00 Pricing effective through 2023 subject to annual consumer index increase. 45 Minimum Appointments Zai � I S& SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: February 8, 2023 To: Michael C. Zito, Interim County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Addendum to Base Contract with Tiger Inc for Sale and Purchase of Natural Gas Descriptions and Conditions: On July 13, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved the Wastewater Treatment Agreement (WWTA) between SWDD and Indian River Sustainability Center, LLC (IRSC). 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 facility (WRWWTF). As part of the WWTA, SWDD is responsible for providing the "fuel source" to evaporate the leachate. In our case, the system has been designed to operate using landfill gas, natural gas or both. At this time, landfill gas is not readily available to start the leachate evaporator project. Therefore, SWDD staff has been coordinating with Florida City Gas (FCG) for an installation of a dedicated natural gas line to our property which has been done. In addition, FCG is scheduled to install the gas meter the week of February 13, 2023. There will be standard monthly costs from FCG for the transportation and measurement of the natural gas. In addition, FCG does a pass-through cost for the natural gas which fluctuates on a monthly basis. Alternatively, per recommendation by FCG, SWDD has an option to purchase natural gas on a fixed -cost basis from a third -party marketer. The purpose of this agenda item is for the SWDD Board to review and approve the attached Base Contract and Addendum to Base Contract with Tiger, Inc. to for sale and purchase of natural gas. Analysis: SWDD staff reviewed the list of third -party marketers and with assistance from the County Attorney's office were able to favorably negotiate the attached addendum to the base contract with Tiger, Inc. Monthly consumption is expected to be 13,140 million British thermal units (MMBtu) per month or 131,400 therms. Florida City Gas estimated the gas market pass-through cost of $7.906/MMBtu or $0.7906/therms, which results in a monthly cost of $103,885 (that assumes 100% capacity factor/utilization). Conversely, Tiger, Inc. provided a current fixed pricing of $5.38/MMBtu or SWDD Agenda - Addendum to Base Contract with Tiger Inc for Sale and Purchase of Natural Gas Page29r7 SWDD Item $0.538/therms for a monthly cost of $70,693. Given the fluctuation in the natural gas markets, SWDD staff recommends going with a fixed price contract. Funding: Funding for the Leachate Evaporator project is budgeted and available in the SWDD/Landfill/Other Contractual Services account, number 41121734-033490, for a total amount of $1,000,000, which is funded from the SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/Other Contractual Services 41121734-033490 $1,000,000 Recommendation: Staff recommends approval from the Solid Waste Disposal District Board to approve the Base Contract with Tiger, Inc. and the Addendum to Base Contract with Tiger, Inc. for Sale and Purchase of Natural Gas and authorize the Chairman to sign the necessary documents to effectuate the approval. Attachment (s): Base Contract with Tiger, Inc. Addendum to Base Contract with Tiger, Inc. Page298 Base Contract for Sale and Purchase of Natural Gas This Base Contract is entered into as of the following date: (ContractDate). The parties to this Base Contract are the following: Seller: TIGER, INC. and Buyer: Address: P.O. BOX 702437 TULSA, OK 74170 Address: Duns Number: 78-272-4819 Duns Number: Contract Number: Contract Number: U.S. Federal Tax ID Number: 73-1612450 U.S. Federal Tax ID Number: Notices: Notices: TIGER, INC. Attn: Attn: Phone: Fax: 918 491-6659 Phone: Fax: Confirmations: Confirmations. TIGER, INC. Attn: Attn: Specialty Phone: Fax: 918 491 Phone: Falk Invoices and Pavments:Invoices and Payments: TIGER, INC. Attn: DEPARTMENT 2192 Attn: TULSA, OK 74182 Phone: 918 491-6998 Fax: 918 491 Phone ` Wire Transfer or A CH Numbers if a BAN BANK OF OK LAH BANK: ABA:. 103900036 ABA: ACC 208357351 ACCT: Other or Credit to the Account of Tiger, IncOther Details: This Bases_ incorporates by referen for all purposes the General Terms and Conditions for Sale and Purchase of Natural Gas published by the North n Energy Standards The parties hereby agree to the following provisions offered in said General Terms and Conditi es fail to a box, the specified default provision shall apply. Select only one box from each section: Sect efault) Section 7.2 O 25th Day of Month following Month of Tran Payment Date delivery (default) Pro Day of Month following Month of delivery Sec ess Days after receipt (default: Section 7.2 1E Wire transfer (default) Conti' Business Days after receipt Method of ❑O Automated Clearinghouse Credit (ACH) Dead[ ARM Payment ❑O Check Sect ler (default) Sectiov. —J. =; . 0 Netting applies (default ConflAw, er Netting: �ik,' ❑ Netting does not apply Party • c„ Section 3.2Stan ) Section 10.3. ® farly,Termination Damages Apply (default) Performance 'I�IfiCe $ Early Terminatio Early Termination Damages Do Not Apply Obligations Damages a �. Note: The following Spot Price Publication applies to both Section 10.3. Other Agreement Setoffs Apply (default) Other Agreeme Other Agreement Setoffs Do Not Apply of the immediately preceding Setoffs Section 2.26 0 Gas Daily. Midpoint (default), Section 14.5 Spot Price i Choice Of Law Oklahoma County Tulsa„ Publication Is Section 6 IR Buyer Pays At and After Delivery Point Section 14.10 Confidentiality applies (default) Tax (default) Confidentiality Confidentiality does not apply l Seller Pays Before and At Delivery Point ,m: ❑ecial Provisions Number of sheets attached: ` ❑ (s): IN WITNESS WHEREOF, the parties hereto have executed this Base Contract in duplicate. TIGER, INC. Party Name Party Name By By Name: (SellerPrintedName) Name: Title: (SellerOfficialTitle) Title: Copyright © 2002 North American Energy Standards Board, Inc. NAES dard 6.3.1 All Rights Reserved April 19, 2002 General Terms and Conditions Base Contract for Sale and Purchase of Natural Gas SECTION 1. PURPOSE AND PROCEDURES 1.1. These General Terms and Conditions are intended to facilitate purchase and sale transactions of Gas on a Firm or Interruptible basis. "Buyer" refers to the party receiving Gas and "Seller" refers to the party delivering Gas. The entire agreement between the parties shall be the Contract as defined in Section 2.7. The parties have selected either the "Oral Transaction Procedure" or the "Written Transaction Procedure" as indicated on the Base Contract. Oral Transaction Procedure: 1.2. The parties will use the following Transaction Confirmation procedure. Any Gas purchase and sale transaction may be effectuated in an EDI transmission or telephone conversation with the offer and acceptance constituting the agreement of the parties. The parties shall be legally bound from the time they so agree to transaction terms and may each rely thereon. Any such transaction shall be considered a "writing" and to have been "signed". Notwithstanding the foregoing sentence, the parties agree that Confirming Party shall, and the other party may, confirm a telephonic transaction by sending the other party a Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means within three Business Days of a transaction covered by this Section 1.2 (Oral Transaction Procedure) provided that the failure to send a Transaction Confirmation shall not invalidate the oral agreement of the parties. Confirming Party adopts its confirming letterhead, or the like, as its signature on any Transaction Confirmation as the identification and authentication of Confirming Party. If the Transaction Confirmation contains any provisions other than those relating to the commercial terms of the transaction (i.e., price, quantity, performance obligation, delivery point, period of delivery and/or transportation conditions), which modify or supplement the Base Contract or General Terms and Conditions of this Contract (e.g., arbitration or additional representations and warranties), such provisions shall not be deemed to be accepted pursuant to Section 1.3 but must be expressly agreed to by both parties; provided that the foregoing shall not invalidate any transaction agreed to by the parties. Written Transaction Procedure: 1.2. The parties will use the following Transaction Confirmation procedure. Should the parties come to an agreement regarding a Gas purchase and sale transaction for a particular Delivery Period, the Confirming Party shall, and the other party may, record that agreement on a Transaction Confirmation and communicate such Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means, to the other party by the close of the Business Day following the date of agreement. The parties acknowledge that their agreement will not be binding until the exchange of nonconflicting Transaction Confirmations or the passage of the Confirm Deadline without objection from the receiving party, as provided in Section 1.3. 1.3. If a sending party's Transaction Confirmation is materially different from the receiving party's understanding of the agreement referred to in Section 1.2, such receiving party shall notify the sending party via facsimile, EDI or mutually agreeable electronic means by the Confirm Deadline, unless such receiving party has previously sent a Transaction Confirmation to the sending party. The failure of the receiving party to so notify the sending party in writing by the Confirm Deadline constitutes the receiving party's agreement to the terms of the transaction described in the sending party's Transaction Confirmation. If there are any material differences between timely sent Transaction Confirmations governing the same transaction, then neither Transaction Confirmation shall be binding until or unless such differences are resolved including the use of any evidence that clearly resolves the differences in the Transaction Confirmations. In the event of a conflict among the terms of (i) a binding Transaction Confirmation pursuant to Section 1.2, (ii) the oral agreement of the parties which may be evidenced by a recorded conversation, where the parties have selected the Oral Transaction Procedure of the Base Contract, (iii) the Base Contract, and (iv) these General Terms and Conditions, the terms of the documents shall govern in the priority listed in this sentence. 1.4. The parties agree that each party may electronically record all telephone conversations with respect to this Contract between their respective employees, without any special or further notice to the other party. Each party shall obtain any necessary consent of its agents and employees to such recording. Where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, the parties agree not to contest the validity or enforceability of telephonic recordings entered into in accordance with the requirements of this Base y t ty SECTION 2. DEFINITIONS Contract. However, nothingherein shall be construed as a waiver o an ob�ection to the admissrbili of such evidence. � The terms set forth below shall have the meaning ascribed to them below. Other terms are also defined elsewhere in the Contract and shall have the meanings ascribed to them herein. 2.1. "Alternative Damages" shall mean such damages, expressed in dollars or dollars per MMBtu, as the parties shall agree upon in the Transaction Confirmation, in the event either Seller or Buyer fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer. 2.2. "Base Contract' shall mean a contract executed by the parties that incorporates these General Terms and Conditions by reference; that specifies the agreed selections of provisions contained herein; and that sets forth other information required herein and any Special Provisions and addendum(s) as identified on page one. 2.3. "British thermal unit" or "Btu" shall mean the International BTU, which is also called the Btu (IT). 2.4. "Business Day" shall mean any day except Saturday, Sunday or Federal Reserve Bank holidays 2.5. "Confirm Deadline" shall mean 5:00 p.m. in the receiving party's time zone on the second Business Day following the Day a Transaction Confirmation is received or, if applicable, on the Business Day agreed to by the parties in the Base Contract; provided, if the Transaction Confirmation is time stamped after 5:00 p.m. in the receiving party's time zone, it shall be deemed received at the opening of the next Business Day. 2.6. "Confirming Party" shall mean the party designated in the Base Contract to prepare and forward Transaction Confirmations to the other party. 2.7. "Contract" shall mean the legally-binding relationship established by (i) the Base Contract, (ii) any and all binding Transaction Confirmations and (iii) where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, any and all transactions that the parties have entered into through an EDI transmission or by telephone, but that have not been confirmed in a binding Transaction Confirmation. 2.8. "Contract Price" shall mear' a amount expressed in U.S. Dollars per MMBtu to be paid by Buyer to Seller for the purchase of Gas as agreed to by the parties in atransaction. 2.9. "Contract Quantity" shall mean the quantity of Gas to be delivered and taken as agreed to by the parties in a transaction. 2.10. "Cover Standard", as referred to in Section 3.2, shall mean that if there is an unexcused failure to take or deliver any quantity of Gas pursuant to this Contract, then the performing party shall use commercially reasonable efforts to (i) if Buyer is the performing party, obtain Gas, (or an alternate fuel if elected by Buyer and replacement Gas is not available), or (ii) if Seller is the performing party, sell Gas, in either case, at a price reasonable for the delivery or production area, as applicable, consistent with: the amount of notice provided by the nonperforming party; the immediacy of the Buyer's Gas consumption needs or Seller's Gas sales requirements, as applicable; the quantities involved; and the anticipated length of failure by the nonperforming party. 2.11. "Credit Support Obligation(s)" shall mean any obligation(s) to provide or establish credit support for, or on behalf of, a party to this Contract such as an irrevocable standby letter of credit, a margin agreement, a prepayment, a security interest in an asset, a performance bond, guaranty, or other good and sufficient security of a continuing nature. 2.12. "Day" shall mean a period of 24 consecutive hours, coextensive with a "day" as defined by the Receiving Transporter in a particular transaction. 2.13. "Delivery Period" shall be the period during which deliveries are to be made as agreed to by the parties in a transaction. 2.14.', "Delivery Point(s)" shall mean such point(s) as are agreed to by the parties in a transaction: 2.15 "EDI" shall mean an electronic data interchange pursuant to an agreement entered into by the parties, specifically relating to the communication of Transaction Confirmations under this Contract. 2.16. "EFP" shall mean the purchase, sale or exchange of natural Gas as the "physical" side of an exchange for physical transaction involving gas futures contracts. EFP shall incorporate the meaning and remedies of "Firm',' provided that a party's excuse for nonperformance of its obligations to deliver or receive Gas will be governed by the rules of the relevant futures exchange regulated under the Commodity Exchange Act. 2.17. "Firm" shall mean that either patty may interrupt its performance without liability only to the extent that such performance is prevented for reasons of Force Majeure; provided, however, that during Force Majeure interruptions, the party invoking Force Majeure may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by the Transporter. 2.18 "Gas" shall mean any mixture of hydrocarbons and noncombustible gases in a gaseous state consisting primarily of methane. 2.19." "Imbalance Charges" shall mInxy fees, penalties, costs or charges (in cash or in kind) assessed by a Transporter for failure to satisfy the Transporter's balance anmination requirements. 2.20. "Interruptible" shall mean that party may interrupt its performance at any time for any reason, whether or not caused by an event of Force Majeure, with no liacept such interrupting party may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption anomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by Transporter. - 2.21.: "MMBtu" shall mean one million British thermal units, which is equivalent to one dekathe 2.22. "Month" shall mean the period beginning on the first Day of the calendar month and ending immediately prior to the commencement of the first Day of the next calendar month. 2.23. "Payment Date" shall mean a date, as indicated on the Base Contract, on or before which pa` a Was received by Buyer in the previous Month. 2.24. "Receiving Transporter" shall mean the Transporter receiving Gas at a Delivery Point, or absent such receiving Transporter, the Transporter delivering Gas at a Delivery Point. 2.25. "Scheduled Gas" shall mean the quantity of Gas confirmed by Transporter(s) for movement, transportation or management. 2.26. "Spot Price " as referred to in Section 3.2 shall mean the price listed in the publication indicated on the Base Contract, under the listing applicable to the geographic location closest in proximity to the Delivery Point(s) for the relevant Day; provided, if there is no single price published for such location for such Day, but there is published a range of prices, then the Spot Price shall be the average of such high and low prices. If no price or range of prices is published for such Day, then the Spot Price shall be the average of the following: (i) the price (determined as stated above) for the first Day for which a price or range of prices is published that next precedes the relevant Day; and (ii) the price (determined as stated above) for the first Day for which a price or range of prices is published that next follows the relevant Day. 2.27. "Transaction Confirmation" shall mean a document, similar to the form of Exhibit A, setting forth the terms of a transaction formed pursuant to Section 1 for a particular Delivery Period. 2.28. `Termination Option" shall mean the option of either party to terminate a transaction in the event that the other party fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer for a designated number of days during a period as specified on the applicable Transaction Confirmation. 2.29. "Transporter(s)" shall mean all Gas gathering or pipeline companies, or local distribution companies, acting in the capacity of a transporter, transporting Gas for Seller or Buyer upstream or downstream, respectively, of the Delivery Point pursuant to a particular transaction. SECTION 3. PERFORMANCE OBLIGATION 3.1. Seller agrees to sell and deliver, and Buyer agrees to receive and purchase, the Contract Quantity for a particular transaction in accordance with the terms of the Contract. Sales and purchases will be on a Firm or Interruptible basis, as agreed to by the parties in a transaction. The parties have selected either the "Cover Standard" or the "Spot Price Standard" as indicated on the Base Contract. Cover Standard: 3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the positive difference, if any, between the purchase price paid by Buyer utilizing the Cover Standard and the Contract Price, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually delivered by Seller for such Day(s); or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in the amount equal to the positive difference, if any, between the Contract Price and the price received by Seller utilizing the Cover Standard for the resale of such Gas, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually taken by Buyer for such Day(s); or (iii) in the event that Buyer has used commercially reasonable efforts to replace the Gas or Seller has used commercially reasonable efforts to sell the Gas to a third party, and no such replacement or sale is available, then the sole and exclusive remedy of the performing party shall be any unfavorable difference between the Contract Price and the Spot Price, adjusted for such transportation to the applicable Delivery Point, multiplied by the difference between the Contract Quantity and the quantity actually delivered by Seller and received by Buyer for such Day(s). Imbalance Charges shall not be recovered under this Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3. The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party's invoice, which shall set forth the basis upon which such amount was calculated. Spot Price Standard: 3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any, obtained by subtracting the Contract Price from the Spot Price; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any, obtained by subtracting the applicable Spot Price from the Contract Price. Imbalance Charges shall not be recovered under this Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3. The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party's invoice, which shall set forth the basis upon which such amount was calculated. 3.3. Notwithstanding Section 3.2, Sarties may agree to Alternative Damages in a Transaction Confirmation executed in writing by both parties. ..: 3.4. In addition to Sections 3.2 and 3.3, the parties may provide for a Termination Option in a Transaction Confirmation executed in writing by both parties. The Transaction Confirmation containing the Termination Option will designate the length of nonperformance triggering the Termination Option and the procedures for exercise thereof, how damages for nonperformance will be compensated, and how liquidation costs will be calculated ., z SECTION 4. TRANSPORTATION, NOMINATIONS, AND IMBALANCES 4.1. Seller shall have the sole responsibility for transporting the Gas to the Delivery Point(s). Buyer shall have the sole responsibility for transporting the Gas from the Delivery Point(s). 4.2. The parties shall coordinate their nomination activities, giving sufficient time to meet the deadlines of the affected Transporter(s). Each party shall give the other party timely prior Notice, sufficient to meet the requirements of all Transporter(s) involved in the transaction, of the quantities of Gas to be delivered and purchased each Day. Should either party become aware that actual deliveries at the Delivery Point(s) are greater or lesser than the Scheduled Gas, such party shall promptly notify the other party. 4.3. The parties shall use commercially reasonable efforts to avoid imposition of any Imbalance Charges. If Buyer or Seller receives an invoice from a Transporter that includes Imbalance Charges, the parties shall determine the validity as well as the cause of such Imbalance Charges. If the Imbalance Charges were incurred as a result of Buyer's receipt of quantities of Gas greater than or less than the Scheduled Gas, then Buyer shall pay for such Imbalance Charges or reimburse Seller for such Imbalance Charges paid by Seller. If the Imbalance Charges were incurred as a result of Seller's delivery of quantities of Gas greater than or less than the Scheduled Gas, then Seller shall pay for such Imbalance Charges or reimburse Buyer for such Imbalance Charges paid by Buyer. SECTION 5. QUALITY AND MEASUREMENT All Gas delivered by Seller shall meet the pressure, quality and heat content requirements of the Receiving Transporter. The unit of quantity measurement for purposes of this Contract shall be one MMBtu dry. Measurement of Gas quantities hereunder shall be in accordance with the established procedures of the Receiving Transporter. SECTION 6. TAXES The parties have selected either "Buyer Pays At and After Delivery Point" or "Seller Pays Before and At Delivery Point" as indicated on the Base Contract. Buyer Pays At and After Delivery Point: Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority ("Taxes") on or with respect to the Gas prior to the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas at the Delivery Point(s) and all Taxes after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party's responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof. Seller Pas Before and At Delivery Point: Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority (`Taxes") on or with respect to the Gas prior to the Delivery Point(s) and all Taxes at the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party's responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof. SECTION 7. BILLING, PAYMENT, AND AUDIT 7.1. Seller shall invoice Buyer for Gas delivered and received in the preceding Month and for any other applicable charges, providing supporting documentation acceptable in industry practice to support the amount charged. If the actual quantity delivered is not known by the billing date, billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity on the following Month's billing or as soon thereafter as actual delivery information is available. 7.2. Buyer shall remit the amount due under Section 7.1 in the manner specified in the Base Contract, in immediately available funds, on or before the later of the Payment Date or 10 Days after receipt of the invoice by Buyer; provided that if the Payment Date is not a Business Day, payment is due on the next Business Day following that date. In the event any payments are due Buyer hereunder, payment to Buyer shall be made in accordance with this Section 7.2. 'UP V1010111* am 'MAMMON Mmo 7.3. In the event payments become due pursuant to Sections 3.2 or 3.3, the performing party may submit an invoice to the nonperforming party for an accelerated payment setting forth the basis upon which the invoiced amount was calculated. Payment from the nonperforming party will be due five Business Days after receipt of invoice. 7.4. If the invoiced party, in good faith, disputes the amount of any such invoice or any part thereof, such invoiced party will pay such amount as it concedes to be correct; provided, however, if the invoiced party disputes the amount due, it must provide supporting documentation acceptable in industry practice to support the amount paid or disputed. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 7.5. If the invoiced party fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then -effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate. 7.6. A party shall have the right, at its own expense, upon reasonable Notice and at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Contract. This right to examine, audit, and to obtain copies shall not be available with respect to proprietary information not directly relevant to transactions under this Contract. All invoices and billings shall be conclusively presumed final and accurate and all associated claims for under- or overpayments shall be deemed waived unless such invoices or billings are objected to in writing, with adequate explanation and/or documentation, within two years after the Month of Gas delivery. All retroactive adjustments under Section 7 shall be paid in full by the party owing payment within 30 Days of Notice and substantiation of such inaccuracy. 7.7. Unless the parties have elected on the Base Contract not to make this Section 7.7 applicable to this Contract, the parties shall net all undisputed amounts due and owing, and/or past due, arising under the Contract such that the party owing the greater amount shall make a single payment of the net amount to the other party in accordance with Section 7; provided that no payment required to be made pursuant to the terms of any Credit Support Obligation or pursuant to Section 7.3 shall be subject to netting under this Section. If the parties have executed a separate netting agreement, the terms and conditions therein shall prevail to the extent inconsistent herewith. SECTION 8. TITLE, WARRANTY, AND INDEMNITY 8.1. Unless otherwise specifically agreed, title to the Gas shall pass from Seller to Buyer at the Delivery Point(s). Seller shall have responsibility for and assume any liability with respect to the Gas prior to its delivery to Buyer at the specified Delivery Point(s). Buyer shall have responsibility for and any liability with respect to said Gas after its delivery to Buyer at the Delivery Point(s). 8.2. Seller warrants that it will have the right to convey and will transfer good and merchantable title to all Gas sold hereunder and delivered by it to Buyer, free and clear of all liens, encumbrances, and claims. EXCEPT AS PROVIDED IN THIS SECTION 8.2 AND IN SECTION 14.8, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE DISCLAIMED. 8.3. Seller agrees to indemnify Buyer and save it harmless from all losses, liabilities or claims including reasonable attorneys' fees and costs of court ("Claims"), from any and all persons, arising from or out of claims of title, personal injury or property damage from said Gas or other charges thereon which attach before title passes to Buyer. Buyer agrees to indemnify Seller and save it harmless from all Claims, from any and all persons, arising from or out of claims regarding payment, personal injury or property damage from said Gas or other charges thereon which attach after title passes to Buyer. 8.4. Notwithstanding the other provisions of this Section 8, as between Seller and Buyer, Seller will be liable for all Claims to the extent that such arise from the failure of Gas delivered by Seller to meet the quality requirements of Section 5. SECTION 9. NOTICES 9.1. All Transaction Confirmations, Invoices,- payments and other communications made pursuant to the Base Contract ("Notices") shall be made to the addresses specified in writing by the respective parties from time to time. 9.2. All Notices required hereunder may be sent by facsimile or mutually acceptable electronic means, a nationally recognized overnight courier service, first class mail or hand delivered. 9.3. Notice shall be given when received on a Business Day by the addressee. In the absence of proof of the actual receipt date, the following presumptions will apply. Notices sent by facsimile shall be deemed to have been received upon the sending party's receipt of its facsimile machine's confirmation of successful transmission. If the day on which such facsimile is received is not a Business Day or is after five p.m. on a Business Day, then such facsimile shall be deemed to have been received on the next following Business Day. Notice by overnight mail or courier shall be deemed to have been received on the next Business Day after it was sent or such earlier time as is confirmed by the receiving party. Notice via first class mail shall be considered delivered five Business Days after mailing. SECTION 10. FINANCIAL RESPONSIBILITY 4W AMMM mom 10.1. If eitherparty ("X") has reasonable grounds for insecurity regarding the performance of any obligation under this Contract (whether or not then due) by the other party ("Y") (including, without limitation, the occurrence of a material change in the creditworthiness of Y), X may demand Adequate Assurance of Performance. "Adequate Assurance of Performance" shall mean sufficient security in the form, amount and for the term reasonably acceptable to X, including, but not limited to, a standby irrevocable letter of credit, a prepayment, a security interest in an asset or a performance bond or guaranty (including the issuer of any such security). 10.2. In the event (each an "Event of Default") either party (the "Defaulting Party") or its guarantor shall: (i) make an assignment or any general arrangement for the benefit of creditors; (ii) file a petition or otherwise commence, authorize, or acquiesce in the commencement of a proceeding or case under any bankruptcy or similar law for the protection of creditors or have such petition filed or proceeding commenced against it; (iii) otherwise become bankrupt or insolvent (however evidenced); (iv) be unable to pay its debts as they fall due; (v) have a receiver, provisional liquidator, conservator, custodian, trustee or other similar official appointed with respect to it or substantially all of its assets; (vi) fail to perform any obligation to the other party with respect to any Credit Support Obligations relating to the Contract; (vii) fail to give Adequate Assurance of Performance under Section 10.1 within 48 hours but at least one Business Day of a written request by the other party; or (viii) not have paid any amount due the other party hereunder on or before the second Business Day following written Notice that such payment is due; then the other party (the "Non -Defaulting Party") shall have the right, at its sole election, to immediately withhold and/or suspend deliveries or payments upon Notice and/or to terminate and liquidate the transactions under the Contract, in the manner provided in Section 10.3, in addition to any and all other remedies available hereunder. 10.3. If an Event of Default has occurred and is continuing, the Non -Defaulting Party shall have the right, by Notice to the Defaulting Party, to designate a Day, no earlier than the Day such Notice is given and no later than 20 Days after such Notice is given, as an early termination date (the "Early Termination Date") for the liquidation and termination pursuant to Section 10.3.1 of all transactions under the Contract, each a "Terminated Transaction". On the Early Termination Date, all transactions will terminate, other than those transactions, if any, that may not be liquidated and terminated under applicable law or that are, in the reasonable opinion of the Non -Defaulting Party, commercially impracticable to liquidate and terminate ("Excluded Transactions"), which Excluded Transactions must be liquidated and terminated as soon thereafter as is reasonably practicable, and upon termination shall be a Terminated Transaction and be valued consistent with Section 10.3.1 below. With respect to each Excluded Transaction, its actual termination date shall be the Early Termination Date for purposes of Section 10.3.1. The parties have selected either "Early Termination Damages Apply" or "Early Termination Damages Do Not Apply" as indicated on the Base Contract. Early Termination Damages AID t : 10.3.1. As of the Early Termination Date, the Non -Defaulting Party shall determine, in good faith and in a commercially reasonable manner, (i) the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Section 3.2), for which payment has not yet been made by the party that owes such payment under this Contract and (ii) the Market Value, as defined below, of each Terminated Transaction. The Non -Defaulting Party shall (x) liquidate and accelerate each Terminated Transaction at its Market Value, so that each amount equal to the difference between such Market Value and the Contract Value, as defined below, of such Terminated Transaction(s) shall be due to the Buyer under the Terminated Transaction(s) if such Market Value exceeds the Contract Value and to the Seller if the opposite is the case; and (y) where appropriate, discount each amount then due under clause (x) above to present value in a commercially reasonable manner as of the Early Termination Date (to take account of the period between the date of liquidation and the date on which such amount would have otherwise been due pursuant to the relevant Terminated Transactions). For purposes of this Section 10.3.1, "Contract Value" means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the Contract Price, and "Market Value" means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the market price for a similar transaction at the Delivery Point determined by the Non -Defaulting Party in a commercially reasonable manner. To ascertain the Market Value, the Non -Defaulting Party may consider, among other valuations, any or all of the settlement prices of NYMEX Gas futures contracts, quotations from leading dealers in energy swap contracts or physical gas trading markets, similar sales or purchases and any other bona fide third -party offers, all adjusted for the length of the term and differences in transportation costs. X party shall not be required to enter into a replacement transaction(s) in order to determine the Market Value. Any extension(s) of the term of a transaction to which parties are not bound as of the Early Termination Date (including but not limited to "evergreen provisions") shall not be considered in determining Contract Values and Market Values. For the avoidance of doubt, any option pursuant to which one party has the right to extend the term of a transaction shall be considered in determining Contract Values and Market Values. The rate of interest used in calculating net present value shall be determined by the Non -Defaulting Party in a commercially reasonable manner. Early Termination Damages Do Not Apply: 10.3.1. As of the Early Termination Date, the Non -Defaulting Party shall determine, in good faith and in a commercially reasonable manner, the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Section 3.2), for which payment has not yet been made by the party that owes such payment under this Contract. The parties have selected either "Other Agreement Setoffs Apply" or "Other Agreement Setoffs Do Not Apply" as indicated on the Base Contract. Other Agreement Setoffs Apply: 10.3.2. The Non -Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other (the "Net Settlement Amount'). At its sole option and without prior Notice to the Defaulting Party, the Non -Defaulting Party may setoff (i) any Net Settlement Amount owed to the Non -Defaulting Party against any margin or other collateral held by it in connection with any Credit Support Obligation relating to the Contract; or (ii) any Net Settlement Amount payable to the Defaulting Party against any amounts payable by the Defaulting Party to the Non -Defaulting Party under any other agreement or arrangement between the parties. Other Agreement Setoffs Do Not Apply: 10.3.2. The Non -Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other (the "Net Settlement Amount'). At its sole option and without prior Notice to the Defaulting Party, the Non -Defaulting Party may setoff any Net Settlement Amount owed to the Non -Defaulting Party against any margin or other collateral held by it in connection with any Credit Support Obligation relating to the Contract. 10.3.3. If any obligation that is to be included in any netting, aggregation or setoff pursuant to Section 10.3.2 is unascertained, the Non -Defaulting Party may in good faith estimate that obligation and net, aggregate or setoff, as applicable, in respect of the estimate, subject to the Non -Defaulting Party accounting to the Defaulting Party when the obligation is ascertained. Any amount not then due which is included in any netting, aggregation or setoff pursuant to Section 10.3.2 shall be discounted to net present value in a commercially reasonable manner determined by the Non -Defaulting Party. 10.4. As soon as practicable after a liquidation, Notice shall be given by the Non -Defaulting Party to the Defaulting Party of the Net Settlement Amount, and whether the Net Settlement Amount is due to or due from the Non -Defaulting Party. The Notice shall include a written statement explaining in reasonable detail the calculation of such amount, provided that failure to give such Notice shall not affect the validity or enforceability of the liquidation or give rise to any claim by the Defaulting Party against the Non -Defaulting Party. The Net Settlement Amount shall be paid by the close of business on the second Business Day following such Notice, which date shall not be earlier than the Early Termination Date. Interest on any unpaid portion of the Net Settlement Amount shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then -effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate. 10.5. The parties agree that the transactions hereunder constitute a "forward contract" within the meaning of the United States Bankruptcy Code and that Buyer and Seller are each "forward contract merchants" within the meaning of the United States Bankruptcy Code. 10.6. The Non-Defaulting Party's remedies under this Section 10 are the sole and exclusive remedies of the Non-Defaulting Party with respect to the occurrence of any Early Termination Date. Each party reserves to itself all other rights, setoffs, counterclaims and other defenses that it is or may be entitled to arising from the Contract. 10.7. With respect to this Section 10, if the parties have executed a separate netting agreement with close-out netting provisions, the terms and conditions therein shall prevail to the extent inconsistent herewith. SECTION 11. FORCE MAJEURE 11.1. Except with regard to a party's obligation to make payment(s) due under Section 7, Section 10.4, and Imbalance Charges under Section 4, neither party shall be liable to the other for failure to perform a Firm obligation, to the extent such failure was caused by Force Majeure. The term "Force Majeure" as employed herein means any cause not reasonably within the control of the party claiming suspension, as further defined in Section 11.2. 11.2. Force Majeure shall include, but not be limited to, the following: (i) physical events such as acts of God, landslides, lightning, earthquakes, fires, storms or storm warnings, such as hurricanes, which result in evacuation of the affected area, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery or equipment or lines of pipe; (ii) weather related events affecting an entire geographic region, such as low temperatures which cause freezing or failure of wells or lines of pipe; (iii) interruption and/or curtailment of Firm transportation and/or storage by Transporters; (iv) acts of others such as strikes, lockouts or other industrial disturbances, riots, sabotage, insurrections or wars; and (v) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, regulation, or policy having the effect of law promulgated by a governmental authority having jurisdiction. Seller and Buyer shall make reasonable efforts to avoid the adverse impacts of a Force Majeure and to resolve the event or occurrence once it has occurred in order to resume performance. 11.3. Neither party shall be entitled to the benefit of the provisions of Force Majeure to the extent performance is affected by any or all of the following circumstances: (i) the curtailment of interruptible or secondary Firm transportation unless primary, in-path, Firm transportation is also curtailed; (ii) the party claiming excuse failed to remedy the condition and to resume the performance of such covenants or obligations with reasonable dispatch; or (iii) economic hardship, to include, without limitation, Seller's ability to sell Gas at a higher or more advantageous price than the Contract Price, Buyer's ability to purchase Gas at a lower or more advantageous price than the Contract Price, or a regulatory agency disallowing, in whole or in part, the pass through of costs resulting from this Agreement; (iv) the loss of Buyer's market(s) or Buyer's inability to use or resell Gas purchased hereunder, except, in either case, as provided in Section 11.2; or (v) the loss or failure of Sellers gas supply or depletion of reserves, except, in either case, as provided in Section 11.2. The party claiming Force Majeure shall not be excused from its responsibility for Imbalance Charges. 11.4. Notwithstanding anything to the contrary herein, the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be within the sole discretion of the party experiencing such disturbance. 11.5. The party whose performance is prevented by Force Majeure must provide Notice to the other party. Initial Notice may be given orally; however, written Notice with reasonably full particulars of the event or occurrence is required as soon as reasonably possible. Upon providing written Notice of Force Majeure to the other party, the affected party will be relieved of its obligation, from the onset of the Force Majeure event, to make or accept delivery of Gas, as applicable, to the extent and for the duration of Force Majeure, and neither parry shall be deemed to have failed in such obligations to the other during such occurrence or event. 11.6. Notwithstanding Sections 11.2 and 11.3, the parties may agree to alte ive Force Majeure provisions in a Transaction Confirmation executed in writing by both parties. SECTION 12. TERM This Contract may be terminated on 30 Day's written Notice, but shall remain in effect until the expiration of the latest Delivery Period of any transaction(s). The rights of either party pursuant to Section 7.6 and Section 10, the obligations to make payment hereunder, and the obligation of either party to indemnify the other, pursuant hereto shall survive the termination of the Base Contract or any transaction. SECTION 13. LIMITATIONS Almm FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY'S LIABILITY HEREUNDER SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. iF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A TRANSACTION, A PARTYS LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. SECTION 14. MISCELLANEOUS 14.1. This Contract shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, and heirs of the respective parties hereto, and the covenants, conditions, rights and obligations of this Contract shall run for the full term of this Contract. No assignment of this Contract, in whole or in part, will be made without the prior written consent of the non -assigning party (and shall not relieve the assigning party from liability hereunder), which consent will not be unreasonably withheld or delayed; provided, either party may (i) transfer, sell, pledge, encumber, or assign this Contract or the accounts, revenues, or proceeds hereof in connection with any financing or other financial arrangements, or (ii) transfer its interest to any parent or affiliate by assignment, merger or otherwise without the prior approval of the other party. Upon any such assignment, transfer and assumption, the transferor shall remain principally liable for and shall not be relieved of or discharged from any obligations hereunder. 14.2. If any provision in this Contract is determined to be invalid, void or unenforceable by any court having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other provision, agreement or covenant of this Contract. 14.3. No waiver of any breach of this Contract shall be held to be a waiver of any other or subsequent breach. 14.4. This Contract sets forth all understandings between the parties respecting each transaction subject hereto, and any prior contracts, understandings and representations, whether oral or written, relating to such transactions are merged into and superseded by this Contract and any effective transaction(s). This Contract may be amended only by a writing executed by both parties. 14.5. The interpretation and performance of this Contract shall be governed by the laws of the jurisdiction as indicated on the Base Contract, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. 14.6. This Contract and all provisions herein will be subject to all applicable and valid statutes, rules, orders and regulations of any governmental authority having jurisdiction over the parties, their facilities, or Gas supply, this Contract or transaction or any provisions thereof. 14.7. There is no third party beneficiary to this Contract. " 4w. 14.8. Each party to this Contract represents and warrants that it has full and complete authorityto enter into and perform this Contract. Each person who executes this Contract on behalf of either party represents and warrants that it has full and complete authority to do so and that such party will be bound thereby. 14.9. The headings and subheadings contained in this Contract are used solely for convenience and do not constitute a part of this Contract between the parties and shall not be used to construe or interpret the provisions of this Contract. 14.10. Unless the parties have elected on the Base Contract not to make this Section 14.10 applicable to this Contract, neither party shall disclose directly or indirectly without the prior written consent of the other party the terms of any transaction to a third party (other than the employees, lenders, royalty owners, counsel, accountants and other agents of the party, or prospective purchasers of all or substantially all of a party's assets or of any rights under this Contract, provided such persons shall have agreed to keep such terms confidential) except (i) in order to comply with any applicable law, order, regulation, or exchange rule, (ii) to the extent necessary for the enforcement of this Contract, (iii) to the extent necessary to implement any transaction, or (iv) to the extent such information is delivered to such third party for the sole purpose of calculating a published index. Each party shall notify the other party of any proceeding of which it is aware which may result in disclosure of the terms of any transaction (other than as permitted hereunder) and use reasonable efforts to prevent or limit the disclosure. The existence of this Contract is not subject to this confidentiality obligation. Subject to Section 13, the parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in connection with this confidentiality obligation. The terms of any transaction hereunder shall be kept confidential by the parties hereto for one year from the expiration of the transaction. In the event that disclosure is required by a governmental body or applicable law, the party subject to such requirement may disclose the material terms of this Contract to the extent so required, but shall promptly notify the other party, prior to disclosure, and shall cooperate (consistent with the disclosing party's legal obligations) with the other party's efforts to obtain protective orders or similar restraints with respect to such disclosure at the expense of the other party. 14.11 The parties may agree to disp resolution procedures in Spe Provisions attached to the Base Contract or in a Transaction Confirmation executed in -w, riting by bo es. DISCLAIMER: The purposes of this Contract are to facilitate trade, avoid misunderstan and make more definite the terms of contracts of purchase and sale of natural gas. Further, NAESB does not mandate the use of this Contract by any parry. NAESB DISCLAIMS AND EXCLUDES, AND ANY USER OF THIS CONTRACT ACKNOWLEDGES AND AGREES TO NAESB'S DISCLAIMER OF, ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THIS CONTRACT OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON -INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT NAESB KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. EACH USER OF THIS CONTRACT ALSO AGREES THAT UNDER NO CIRCUMSTANCES WILL NAESB BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS CONTRACT. Addendum to Base Contract for Sale and Purchase of Natural Gas This Addendum to Base Contract for Sale and Purchase of Natural Gas ("Addendum") supersedes any conflicting terms set forth in the General Terms and Conditions Base Contract for Sale and Purchase of Natural Gas and the Base Contract for Sale and Purchase of Natural Gas itself. 1. Section 1.2 is amended to reflect the Buyer and Seller select "Written Transaction Procedure" 2. A new Section 7.8 is added to read as follows: Notwithstanding the above, all billing and payments shall be per the Florida Local Government Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. 3. A new Section 8.5 is added to read as follows: Notwithstanding any other provision in Section 8, Seller's liability and agreement to indemnify shall only be to the limits set forth in Section 768.28, Florida Statutes, and shall not be deemed a waiver of Seller's sovereign immunity. 4. The following provision is added to Section 10.3.1 "Early Termination Damages Apply": TERMINATION IN REGARDS TO F.S. 287.135: SELLER certifies that it and those related entities of SELLER 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. BUYER may terminate this Contract if SELLER, 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. 5. Section 14.5 is amended to read as follows: The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Addendum or the Base Contract for Sale and Purchase of Natural Gas, or any breach hereof, as well as any litigation between the Buyer and Seller, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. The laws of Florida shall govern any such claims, controversies, disputes or litigation. 6. A new Section 14.12 is added as follows: Seller is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Seller is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. IN WITNESS WHEREOF, the parties have executed this Addendum to Base Contract for Sale and Purchase of Natural Gas in duplicate. TIGER, INC. SOLID WASTE DISPOSAL DISTRICT OF INDIAN RIVER COUNTY Party Name Party Name By: By:_ Name: Name: Title: Title: