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HomeMy WebLinkAbout04/22/2025OR11i' COUNTY COMMISSIONERS Joseph Flescher, District 2, Chairman Deryl Loar, District 4, Vice Chairman Susan Adams, District 1 Joseph H. Earman, District 3 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, APRIL 22, 2025 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney Ryan L. Butler, 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 Chaplain Lou Tropf, Indian River County Jail 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Dedicating May 6th -12th As Nurse Week Attachments: Nurse Week 2025 5.11. Recognition of UF/IFAS Extension Indian River County Volunteers 5.C. Proclamation Recognizing April as Child Abuse Prevention Month Attachments: 04.22.25 Child Abuse Prevention Month. 6. APPROVAL OF MINUTES 6.A. Regular Meeting Minutes of January 28, 2025 April 22, 2025 Page 1 of 7 1 6.B Regular Meeting Minutes of February 11, 2025 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8. PUBLIC COMMENT: AGENDA -RELATED MATTERS (EXCEPT FOR PUBLIC HEARINGS) 9. CONSENT AGENDA 9.A. Approval of Annual Financial Report Attachments: Comptroller Division Staff Report 9.B. Self Insurance Funds and Property & Casualty Insurance Program 9.C. Ditch 5 Sand Mine - (SP -MA -95-02-12 (94060171) Replacement Cash Deposit and Escrow Agreements for Compliance and Restoration Security by Babcock Coquina Mine, LLC Attachments: CASH DEPOSIT (for compliance) - Ditch 5 - Babcock Coquina Mine, LLC Phase 1 CASH DEPOSIT (for restoration) Ditch 5 - Babcock Coquina Mine, LLC Phase 1 CASH DEPOSIT (for restoration) Ditch 5 - Babcock Coquina Mine, LLC Phase 2-4 CASH DEPOSIT (for compliance) - Ditch 5 - Babcock Coquina Mine, LLC Phase 2-4 9.D. Resolution Cancelling Taxes on Property Purchased for Public Purpose - Cleghorn Shoe Corporation - Fire Station 15 Attachments: Resolution Warranty Deed Payment Receipt from Indian River County Tax Collector 9.E. Information Technology Acceptable Use Policy Revision Attachments: AM -1200.21 - Acceptable Use 9.F. Work Order No. 2018006-20 - APTIM, Sector 3 Hurricanes Ian and Nicole Dune Renourishment Year 1 Physical Monitoring Report Attachments: APTIM Work Order No. 2018006-20.pdf 9.G. Final Ranking of Firms and Authorization to Negotiate — RFQ 2025023 for Design & Engineering for the Wabasso Causeway Park 9.11. Carter & Associates, Inc. Work Order Number 3, Amendment 1 for the South Prong Preserve Design & Engineering Services Attachments: Work Order Amendment CAI Proposal April 22, 2025 Page 2 of 7 2 9.I. Water & Air Research, Inc. Work Order Number 1, Amendment 2 for Ecological Services in Support of the Environmental Land Acquisition Board Attachments: Work Order 1 Amendment 2 9.J. Pulte Home Company, LLC's Request for Final Plat Approval for Costa Pointe PD Phase 2 [PD -21-06-07 / 99040218-96821] Attachments: Location Map Final Plat Layout 9.K. VB 40 Development Group, LLC's Request for Final Plat Approval for a subdivision called Riviera Lake [SD -21-06-07 / 99040218-968211 Attachments: Location Map Final Plat Layout 9.L. Pulte Home Company, LLC's Request for Final Plat Approval for Harbor Isle Phase 2 [SD -20-11-04 / 99070005-963491 Attachments: Location Map Final Plat Layout 9.M. Release of Retainage and Change Order No. 2 CR512 & N. Broadway Street Drainage Restoration (IRC -2006) Attachments: Contractor's Application for Payment No. 2006-11 Change Order No. 2 9.N. Confirmation of Financial Participation in Florida Department of Transportation (FDOT) CR510 Remediation Effort/FM 4056063 Attachments: Letter of Confirmation to FDOT 9.0. Award of Bid No. 2025024 for the West Regional Wastewater Treatment Facility (WWFT) Effluent Reject Improvements, [PID 23.23.539] Attachments: Sample Agreement 9.P. Final Pay to TLC Diversified, Inc. for Construction Services for Oslo Water Treatment PLC System Upgrades Part A [IRCDUS PID 12.19.536] Attachments: TLC Oslo WTP SCADA Upgrades Final Pay Application 3F 9.Q. Final Pay to TLC Diversified, Inc. for Construction Services for Oslo Water Treatment Plant (WTP) Improvements Project [PID 12.19.503] Attachments: Draft Final Pay Application 30F w/o Consultant Recommendation TLC Change Order 1 TLC Change Order 2 TLC Change Order 3 TLC Change Order 4 April 22, 2025 Page 3 of 7 3 9.R. Award of Bid No. 2025018 to Lawrence Lee Construction Services, Inc. for Phase 2 of Upper Floridan Aquifer SIR Well Head & Raw Water Main, IRCDUS Project ID 11.22.503 Attachments: Sample Agreement 9.S. 243.57 -Acre Cattle Lease Agreement Attachments: 243.57 acre Cattle Lease Agreement 2025 9.T. Lawrence Lee Construction Services, Inc. Final Payment and Release of Retainage for Bid No. 2024003 Central Wastewater Treatment Facility Generator & ATS Replacement & Consolidation, IRCDUS Project ID 22.20.525 Attachments: Executed Agreement Work Change Directive 1 Application & Certificate for Payment No. 10 10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 11. PUBLIC ITEMS A. PUBLIC HEARINGS 11.A.1. 7750 Oslo Road, LLC's Request to Rezone Approximately +/- 3.73 Acres from A-1, Agricultural District to CH, Heavy Commercial District (2001080114-97736) [Quasi -Judicial] Attachments: Exisiting Zoning Map Existing Future Land Use Map Rezoning Application Draft Ordinance B. PUBLIC NOTICE ITEMS 12. COUNTY ADMINISTRATOR MATTERS 12.A.1. Interlocal Agreement with City of Sebastian Community Redevelopment Agency concerning Sebastian CRA Septic to Sewer Project. Attachments: ILA IRC COSB re CRA Septic to Sewer Project (20250414) COSB CRA Septic to Sewer Conversion Projecty Map (Exhibit 1) Sebastian CRA Materials S2S Projects Existing ROW Sebastian CRA Materials S2S Projects Easements Needed COSB Correspondence re CRA Septic to Sewer Conversion Project 12.B.1. Executive Session to Discuss IAFF Negotiations for the Battalion Chief Unit 12.C.1 Executive Session to Discuss IAFF Negotiations for the Rank and File Unit 13. DEPARTMENTAL MATTERS A. Building and Facilities Services April 22, 2025 Page 4 of 7 4 B. Community Services C. Emergency Services D. Human Resources E. Information Technology F. Natural Resources G. Office of Management and Budget H. Parks, Recreation, and Conservation H.A.1. Indian River County Parks and Recreation Master Plan 2025-2035 I. Planning and Development Services I.A.1. Approve a Resolution adopting a Fee for Reviewing and Approving Developer's Agreements Attachments: Draft Fee Resolution J. Public Works J.A.1. Follow up: Options for Paving of 32nd Avenue in Gifford Neighborhood Attachments: Survey_32nd Avenue Topo-Srv_3-ALL K. Sandridge Golf Club L. Utilities Services L.A.1 Review of America's Water Infrastructure Act Risk and Resilience Assessment Updates, IRCDUS Project ID 00.24.518 14. COUNTY ATTORNEY MATTERS 14.A.1. Time Certain 10:00 am -Second Request for Closed Litigation Session -Sole 14.11.1 Calcutta Docks License Agreements Attachments: Final Calcutta Docks Original Deeds for Dock Lessees Current Lessee Deeds List of Current Dock Lease Holders Current Dock Waiting List 2025 Proposed Non- Transferable Lease Agreement (Country Club Pointe) V2 doc 2025 Resolution 2022 Agenda Items and Attachments 15. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman April 22, 2025 Page 5 of 7 5 B. Commissioner Deryl Loar, Vice Chairman B.A.1. Quarterly Updates From County Administrator & County Attorney C. Commissioner Susan Adams D. Commissioner Joseph A. Earman E. Commissioner Laura Moss 16. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 17. PUBLIC COMMENT: NON -AGENDA -RELATED MATTERS 18. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.indianriver.gov 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. April 22, 2025 Page 6 of 7 s Commission Meetings are broadcast live on the County website under IRCTV and the Cablecast Streaming App, available for download on iOS App Store, Google Play Store, ROKU, Fire TV, and Apple TV. Rebroadcasts continuously with the following proposed schedule: Tuesday at 6. 00p.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. April 22, 2025 Page 7 of 7 7 Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov *�A MEMORANDUM File ID: 25-0409 Type: Presentation / Proclamation Meeting Date: 4/22/2025 Presentation of Proclamation Dedicating May 6th -12th As Nurse Week Recommend Read & Present Indian River County, Florida Page 1 of 1 Printed on 4/16/2025 powered by LegistarTM 8 Pro clamation DEDICATING MAY 6TH -12TH AS NURSE WEEK 2025 -Whereas, registered nurses are the largest healthcare profession in the United States, providing essential, high-quality care in hospitals, clinics, long-term care facilities, and community settings; and Whereas, nurses play a critical role in promoting health, preventing illness, and ensuring the well- being of individuals and families across all stages of life; and -Whereas, the dedication, expertise, and resilience of nurses have been especially evident in times of crisis, including public health emergencies and natural disasters, where they have served on the frontlines with unwavering commitment; and -Whereas, professional nursing is a crucial component of a safe, effective, and accessible healthcare system, meeting the increasingly complex healthcare needs of our growing and aging population; and 'Whereas, the American Nurses Association and the Florida Nurses Association have designated May 6th to 12th as National Nurses Week to honor the invaluable contributions of nurses and recognize their vital role in shaping the future of healthcare. Wow, Therefore, be it Proclaimeddy the Boardof County Commissioners of Indian River County, Florida, we recognize May 6' through 12th as Nurse Week and encourage all residents to recognize, celebrate, and show appreciation for the dedication, professionalism, and service of nurses in our community—not only during this week but throughout the year. Adopted this 22nd day of April 2025. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Deryl Loar, Vice Chairman Joseph H. Earman Susan Adams Laura Moss Indian River County, Florida *�ivAr MEMORANDUM we, Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov File ID: 25-0453 Type: Presentation / Proclamation Meeting Date: 4/22/2025 TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director FROM: Andrea Lazzari, UF/IFAS County Extension Director DATE: April 22, 2025 SUBJECT: Recognition of UF/IFAS Extension Indian River County Volunteers BACKGROUND The success of cooperative extension programs heavily relies on the dedication and contributions of our volunteers. At UF/IFAS Extension Indian River County, our volunteers play a crucial role in delivering educational programs, supporting community projects, and enhancing the overall effectiveness of our services. These volunteers, including 4-H volunteers and Master Gardener volunteers, bring invaluable expertise, enthusiasm, passion, and commitment to our mission of extending knowledge and improving lives. ANALYSIS In 2024, our volunteers made a significant impact through their dedicated service. The combined efforts of our 75 volunteers amounted to an impressive 5,658 hours of volunteer time. This equates to 2.7 FTE, effectively increasing our office's workforce by 68%, and illustrating the impressive contribution our volunteers provide. The monetary value of these volunteer hours is estimated at an extraordinary $178,849, reflecting the extensive expertise, effort, and cost -savings our volunteers contribute to our programs. The time and expertise provided by our volunteers assisted our office and enabled us to offer nearly 1,000 educational programs and reach over 11,600 county residents in 2024. Highlights of their service include: 4-H Volunteers: Our 4-H volunteers include club leaders, co -leaders, and other dedicated adults who lead and support our 4-H community clubs, in -school and after-school programs, and state 4-H events. They work tirelessly mentoring and guiding young people in various educational endeavors, competitive events, and community service activities. Their involvement helps foster leadership skills, community awareness, and personal growth among our county's youth. Master Gardener Volunteers: These volunteers provide crucial support in horticultural education, assisting with public workshops, community gardens, outreach events, and individual consultations in our office plant clinic, at local libraries, and at other community hubs. Their expertise in Florida -Friendly gardening practices helps Indian River County, Florida Page 1 of 2 Printed on 4/17/2025 powered by LegistarTM 10 enhance the environmental stewardship and horticultural knowledge of our residents. Staff thanks the Board for their assistance in recognizing the invaluable contribution of our OF/IFAS Extension Indian River County volunteers. Acknowledging their efforts will underscore the importance of volunteerism and encourage continued community engagement and support for our extension programs. BUDGETARYIMPACT N/A PREVIOUS BOARD ACTIONS N/A POTENTIAL FUTURE BOARD ACTIONS N/A STRATEGIC PLAN ALIGNMENT Quality of Life OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Presentation only - no board action required ATTACHMENTS N/A Indian River County, Florida Page 2 of 2 Printed on 4/17/2025 powered by LegistarT 1 1 Indian River County, Florida * * MEMORANDUM �OR104' File ID: 25-0472 5C Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Type: Presentation / Proclamation Meeting Date: 4/22/2025 TO: Board of County Commissioners FROM: Tressa Brewer DATE: April 22nd 2025 SUBJECT: Proclamation Recognizing April as Child Abuse Prevention Month BACKGROUND Proclamation ANALYSIS Presentation of Proclamation Recognizing April as Child Abuse Prevention Month BUDGETARYIMPACT N/A PREVIOUS BOARD ACTIONS N/A POTENTIAL FUTURE BOARD ACTIONS N/A STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Read and Present ATTACHMENTS 1. Child Abuse Prevention Proclamation Indian River County, Florida Page 1 of 1 Printed on 4/16/2025 powered by LegistarT" 12 Proclamation RECOGNIZING APRIL AS CHILD ABUSE PREVENTION MONTH -Whereas, Children are vital to our future success and every child has the right to grow up safe, healthy, happy and free from abuse; and -Whereas, All children deserve to receive love, nurturing and care and live in communities that foster their healthy growth and development; and `Whereas, Child abuse, neglect and abandonment is a community responsibility, affecting both the current and future quality of life of any community; and 'Whereas, Hibiscus Children's Center has been saving children's lives for 40 years. Hibiscus upholds the legacy of transforming the lives of children and families and embraces opportunities that can potentially change the way society cares for children; and -Whereas, Hibiscus Children's Center provides a safe haven, mental health counseling, educational services and career training for vulnerable youth. The generous community has supported Hibiscus for over four decades and helps to provide youth with a strong foundation for the future and give them every opportunity to thrive and reach their full potential; and Wow, g`ierefore, be it Proclaimed by the Board of County Commissioners of Indian River County, F&rida, that in recognition of Child Abuse Prevention Month, we honor the unwavering commitment of the individuals dedicated to protecting children and providing safe environments for children on the Treasure Coast since its founding in 1985. Adopted this 22`h day of April 2025. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Deryl Loar, Vice Chairman Joseph H. Earman Susan Adams Laura Moss File ID: 25-0496 Indian River County, Florida MEMORANDUM Type: Minutes TO: Honorable Board of County Commissioners FROM: Randi Wardlow, Clerk to the Board DATE: April 14, 2025 SUBJECT: Regular Meeting Minutes of January 28, 2025 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 Indian River County, Florida Page 1 of 1 Printed on 4/17/2025 powered by Legistar- 14 Indian River County, Florida *roA * MEMORANDUM File ID: 25-0488 Type: Minutes TO: The Honorable Board of County Commissioners THROUGH: N/A FROM: Shauna James, Deputy Clerk DATE: April 14, 2025 SUBJECT: Regular Meeting Minutes of February 11, 2025 BACKGROUND N/A ANALYSIS N/A BUDGETARYIMPACT N/A PREVIOUS BOARD ACTIONS N/A POTENTIAL FUTURE BOARD ACTIONS N/A STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Approve ATTACHMENTS 1. 02112025BCC_draft Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 Indian River County, Florida Page 1 of 2 Printed on 4/16/2025 powered by l.egistarTM' 15 Indian River County, Florida Page 2 of 2 Printed on 4/16/2025 powered by Legistarlm 16 Indian River County, Florida * * MEMORANDUM �IpA File ID: 25-0447 Type: Consent Staff Report TO: Honorable Board of County Commissioners THROUGH: Ryan L. Butler, Clerk of the Circuit Court & Comptroller FROM: Elissa Nagy, Chief Deputy Comptroller DATE: March 31, 2025 SUBJECT: Approval of Annual Financial Report STAFF RECOMMENDATION Authorize Chairman to sign the Annual Financial Report for fiscal year 2023-2024 ATTACHMENTS 1. Comptroller Division Staff Report �A Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indiandver.gov Meeting Date: 4/22/2025 Indian River County, Florida Page 1 of 1 Printed on 4/16/2025 powered by LegistarTM 17 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: The Honorable Members of the Board of County Commissioners THROUGH: Ryan L. Butler, Clerk of the Circuit Court and Comptroller FROM: Elissa Nagy, Chief Deputy Comptroller DATE: March 31, 2025 SUBJECT: Approval of Annual Financial Report by County Commissioners Section 218.32, Florida Statutes, requires that each unit of local government submit a financial report covering the operations during the previous fiscal year. The Indian River County Local Government Annual Financial Report for fiscal year 2023-2024 has been prepared and is ready to be submitted to the State of Florida, Department of Financial Services in Tallahassee. The statute requires the chair of the governing body and the chief financial officer of each local governmental entity to sign the annual financial report attesting to the accuracy of the information included within it. Counties must submit the report to the Department within 45 days after completion of the audit report, but no later than 9 months after the end of the fiscal year. 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M O � � F � � Oy L 0 0. 0. 7 C E o M C M Q O o e L � ro Q � C � 00 VP9 ^ N o tC Q r N O � 7 U G C a a � d �o �v c � c a W W S S g g o 0 E W E U � � c ro x C7 O O 0 0 vi v�Di F 00 M' - M;5 -Mo LO co a_ L d Lo N 66 O N LO N O N r M M 2 a LO N co O N LO N O N M M o N V� tn — N 0 r M M P 00 N v) 6 N 4+ r 66 cz 00 69 c 0 O1 3 C to Eby ��y � wrxwa 4-4 • H H H H �U+ 'F+ 4� 4.1 < v1 A 0 ;A o 00 v) 00 69 0 O1 3 Eby ��y 4-4 A a A 4� 4.1 a 0 A lal LO N 66 O N N O N C\ M Indian River County, Florida * * MEMORANDUM �R1pA File ID: 25-0362 R J Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Type: Consent Staff Report Meeting Date: 4/22/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Budget Director FROM: Cynthia Stanton, Risk Manager DATE: April 22, 2025 SUBJECT: Self Insurance Funds and Property & Casualty Insurance Program BACKGROUND In preparation for the May 1, 2025, renewal, staff worked with Arthur J. Gallagher Risk Management Services, Inc. (AJG) to secure the most comprehensive, cost-efficient property and casualty insurance program for the County. The table below summarizes the lines of coverage, limits and renewal costs, followed by the variables impacting the 2025 renewal rates. There was a total overall premium increase of 8.22% for the Indian River County insurance renewal. Renewal Summary Policy Coverage Policy Limits Current Prem Renewal Prem Prem Increase Change % Property (Non -Utility) $75 Mil/$35Mil $2,105,164 $2,032,685 -$72,479 -3.44% Property (Utility) $60/$20/$15 Mil $963,319 $1,291,449 $328,130 34.06% Flood Multi $10,220 $12,074 $1,854 18.14% Equipment Breakdown $100 Mil $14,390 $15,995 $1,605 11.15% Terrorism $100 Mil $21,910 $18,000 -$3,910 -17.85% CBR PD & Liability $10 Mil $38,700 $42,000 $3,300 8.53% Inland Marine $20Mil/$2.5 Mil $128,464 $138,707 $10,243 7.97% Crime $1 Mil $7,009.40 $7,009.40 0.00 0% Public Entity Excess Liability $2 Mil/$4Mil $241,950 $261,900 $19,950 8.25% Excess Workers Comp Statutory Max $359,259 $403,771 $44,512 s 12.39% &B $1 Mil $50,160.64 $50,429.30 $268.66 .54% Indian River County, Florida Page 1 of 3 Printed on 4/17/2025 powered by L.egistar' , 37 ull/M $1 Mil $6,273 $8,623 $2,350 37.46% Statutory AD&D $75,000 $13,040 $13,040 0.00 0% JG Brokers Fee $125,000 $125,000 0.00 0% Total $4,084,859.04 $4,420,682.70 $335,823.66 8.22% ANALYSIS Since 2020, the commercial property insurance market has demonstrated persistent premium increases, specifically in the state of Florida. As we are all aware, Florida is experiencing an affordability crisis in the procurement of property insurance coverage. Fortunately, the insurance market is starting to soften in the commercial property arena, providing a much-needed reprieve from excessive insurance rates. The FY26 property renewal rate decreased by 17.37% over the expiring rate, allowing the County to negotiate an increase in named storm and flood coverage limits. The total FY26 renewal premium increased 8.22% over the expiring year. A copy of the detailed Executive Summary prepared by AJG has been provided for your review. The major highlights of the FY26 renewal are as follows: Property Program: This remains a layered program with multiple carriers. The renewal is based on a 10.89% increase in total insured value of $409.6 million to include new buildings (Traffic Building, Sheriff Building, restroom facilities at Fran Adams Park, Hosie Shuman Park, Kiwanis Park and Victor Hart Park) as well as the North Library expansion and specific locations in the open. The renewal premium is $2,032,685 which is an overall decrease of 3.44% from expiring and includes increased limits from $25 million to $35 million for named storms and flood events on the Non -Utilities Property program. Utilities Property Pram; This remains a standalone policy separate from the non-utility property program. This year's renewal is based on a total insured value of $297.5 million; a 13.89% increase in values from last year. The total insured exposure increase is mainly driven by the appraisal values received in 2024. The renewal premium is $1,291,449 which is an overall increase of 34.06% resulting from increased insured values and increased flood limits from $10 million per occurrence to $15 million per occurrence. Excess Workers Comp: The Workers Compensation market continues to be limited in Florida for entities with Police and/or Fire exposures, which are subject to presumption laws. Fortunately, the County has successfully maintained coverage with the same carrier for over 10 years. This year the County received two renewal options from the incumbent carrier: 1. $850,000 deductible with a premium of $403,771 resulting in a 12.39% increase; or 2. $1,000,000 deductible with a premium of $356,096 resulting in a -12% decrease. Staff recommends option 1 - $850,000 deductible per claim, which is the same as the expiring policy. All terms and conditions remain the same. BUDGETARY IMPACT The County's property and casualty coverage is funded through the Self Insurance Fund (502). This is an Internal Service fund that is supported by charges to operational funds of the County. The current fiscal year's portion of the proposed premium will be funded from account number 50224613-034590 (Self Insurance Fund - Other Insurance). The Self Insurance Fund is supported by all other departments and the premium costs are Indian River County, Florida Page 2 of 3 Printed on 4/17/2025 powered by Legistarl" 38 distributed across all County departments A copy of Self Insurance Funds and Property & Casualty Insurance Program is available to view in the Board of County Commissioners' Office. STAFF RECOMMENDATION Staff recommend that the Board approve the proposed renewal and authorize staff to bind coverage for May 1, 2025, through April 30, 2026, with a current annual premium of $4,420,682.70. The renewal premium is based upon the current schedule of values, coverage selections and includes the annual broker fee of $125,000. Indian River County, Florida Page 3 of 3 Printed on 4/17/2025 powered by LegistarT" 39 Indian River County, Florida MEMORANDUM File ID: 25-0462 Type: Consent Staff Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Susan J. Prado, Deputy County Attorney DATE: April 7, 2025 9c Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 SUBJECT: Ditch 5 Sand Mine - (SP -MA -95-02-12 (94060171) Replacement Cash Deposit and Escrow Agreements for Compliance and Restoration Security by Babcock Coquina Mine, LLC BACKGROUND Babcock Coquina Mine, LLC ("Owner") has posted Irrevocable Letters of Credit as compliance and restoration security for Phase 1 through 4 on Ditch 5 sand mine. The Letters of Credit are due to expire, and the Owner would like to replace the security with Cash. Attached for your approval are both the compliance and restoration Cash Deposit and Escrow Agreements as replacement security for the below phases. PHASE 1 Compliance: $25,300.00 Restoration: $13,200.00 PHASES 2,3 & 4 Compliance: $56,000.00 Restoration: $39,600.00 ANALYSIS N/A BUDGETARY IMPACT N/A PREVIOUS BOARD ACTIONS Indian River County, Florida Page 1 of 2 Printed on 4/16/2025 powered by LegistarTM 40 N/A POTENTIAL FUTURE BOARD ACTIONS N/A STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Authorize the Chairman of the Board of County Commissioners to execute the two compliance and restoration Cash Deposit and Escrow Agreements with regard to the replacement security for Phases 1 through 4. ATTACHMENTS 1. CASH DEPOSIT (for compliance) - Ditch 5 - Babcock Coquina Mine, LLC Phase 1 2. CASH DEPOSIT (for restoration) Ditch 5 - Babcock Coquina Mine, LLC Phase 1 3. CASH DEPOSIT (for restoration) Ditch 5 - Babcock Coquina Mine, LLC Phase 2-4 4. CASH DEPOSIT (for compliance) - Ditch 5 - Babcock Coquina Mine, LLC Phase 2-4 Indian River County, Florida Page 2 of 2 Printed on 4/16/2025 powered by LegistarTm 41 PHASE 1 CASH DEPOSIT AND ESCROW AGREEMENT FOR COMPLIANCE RE: Ditch 5 Sand Mine SP -MA -95-02-12 (94060171) THIS AGREEMENT is entered into this day of , 2025, by and between BABCOCK COQUINA MINE, LLC, a Florida limited liability company (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH: WHEREAS, Developer is mining certain property within Indian River County and is required to post bonds insuring compliance with the requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site. NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer has tendered to the County Office of Management and Budget (Escrow Agent) the sum of Twenty Five Thousand Three Hundred Dollars ($25,300.00), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site plan compliance. 2. Upon completion of the restoration of each mine phase, the Developer may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County. 3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Developer, at the address specified in the request for disbursement. 42 4. Upon failure to comply with all the requirements of the site plan approval, including but not limited to unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety/security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies; or if Developer fails to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve compliance or restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the mining approval, and that said funds are necessary to achieve compliance. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Developer, its legal representatives, successors or assigns, at the completion of site restoration. 5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Developer at close of escrow unless necessary for County to utilize in cure of developer's default. 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site. 7. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney. 8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners. 2 43 Signed, sealed and delivered in the presence of: Signature: Print Name: Address: Signature: Print Name: Address: Date: ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller Deputy Clerk OFFICE OF MANAGEMENT AND BUDGET By: Kristin Daniels OMB Director 3 BABCOCK COQUINA MINE, LLC, a Florida limited liability company By: Print Name: Title: Email: Phone: Address: DEVELOPER BOARD OF COUNTY OMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman BCC Approved: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A Susan J. Prado Deputy County Attorney 44 PHASE 1 CASH DEPOSIT AND ESCROW AGREEMENT FOR RESTORATION RE: Ditch 5 Sand Mine SP -MA -95-02-12 (94060171) THIS AGREEMENT is entered into this day of , 2025, by and between BABCOCK COQUINA MINE, LLC, a Florida limited liability company (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH: WHEREAS, Developer is mining certain property within Indian River County and is required to post bonds insuring compliance with the requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site. NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer has tendered to the County Office of Management and Budget (Escrow Agent) the sum of Thirteen Thousand Two Hundred Dollars ($13,200.00), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site restoration. 2. Upon completion of the restoration of each mine phase, the Developer may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County. 3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the 45 Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Developer, at the address specified in the request for disbursement. 4. Upon failure to comply with all the requirements of the site plan approval, including but not limited to unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety/security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies; or if Developer fails to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve compliance or restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the mining approval, and that said funds are necessary to achieve compliance. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Developer, its legal representatives, successors or assigns, at the completion of site restoration. 5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Developer at close of escrow unless necessary for County to utilize in cure of developer's default. 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site. 7. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney. 8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. 2 46 IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners. Signed, sealed and delivered in the presence of: Signature: _ Print Name: Address: Signature: _ Print Name: Address: Date: ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller Deputy Clerk OFFICE OF MANAGEMENT AND BUDGET By: Kristin Daniels OMB Director 3 BABCOCK COQUINA MINE, LLC, a Florida limited liability company By: Print Name: Title: Email: Phone: Address: DEVELOPER BOARD OF COUNTY OMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman BCC Approved: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 0 Susan J. Prado Deputy County Attorney 47 PHASE 2, 3 & 4 CASH DEPOSIT AND ESCROW AGREEMENT FOR RESTORATION RE: Ditch 5 Sand Mine SP -MA -95-02-12 (94060171) THIS AGREEMENT is entered into this day of , 2025, by and between BABCOCK COQUINA MINE, LLC, a Florida limited liability company (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH: WHEREAS, Developer is mining certain property within Indian River County and is required to post bonds insuring compliance with the requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site. NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer has tendered to the County Office of Management and Budget (Escrow Agent) the sum of Thirty Nine Thousand Six Hundred Dollars ($39,600.00), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site restoration. 2. Upon completion of the restoration of each mine phase, the Developer may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County. 3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the 48 Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Developer, at the address specified in the request for disbursement. 4. Upon failure to comply with all the requirements of the site plan approval, including but not limited to unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety/security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies; or if Developer fails to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve compliance or restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the mining approval, and that said funds are necessary to achieve compliance. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Developer, its legal representatives, successors or assigns, at the completion of site restoration. 5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Developer at close of escrow unless necessary for County to utilize in cure of developer's default. 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site. 7. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney. 8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. 2 49 IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners. Signed, sealed and delivered in the presence of: Signature: Print Name: Address: Signature: Print Name: Address: Date: ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller la Deputy Clerk OFFICE OF MANAGEMENT AND BUDGET By: Kristin Daniels OMB Director 3 BABCOCK COQUINA MINE, LLC, a Florida limited liability company By: Print Name: Title: Email: Phone: Address: DEVELOPER BOARD OF COUNTY OMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman BCC Approved: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: am Susan J. Prado Deputy County Attorney 50 PHASES 2, 3 & 4 CASH DEPOSIT AND ESCROW AGREEMENT FOR COMPLIANCE RE: Ditch 5 Sand Mine SP -MA -95-02-12 (94060171) THIS AGREEMENT is entered into this day of '2025, by and between BABCOCK COQUINA MINE, LLC, a Florida limited liability company (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH: WHEREAS, Developer is mining certain property within Indian River County and is required to post bonds insuring compliance with the requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site. NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer has tendered to the County Office of Management and Budget (Escrow Agent) the sum of Fifty Six Thousand Dollars ($56,000.00), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site plan compliance. 2. Upon completion of the restoration of each mine phase, the Developer may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County. 3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Developer, at the address specified in the request for disbursement. 51 4. Upon failure to comply with all the requirements of the site plan approval, including but not limited to unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety/security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies; or if Developer fails to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve compliance or restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the mining approval, and that said funds are necessary to achieve compliance. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Developer, its legal representatives, successors or assigns, at the completion of site restoration. 5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Developer at close of escrow unless necessary for County to utilize in cure of developer's default. 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site. 7. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney. 8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners. Signed, sealed and delivered in 2 52 the presence of: Signature: Print Name: Address: Signature: Print Name: Address: Date: ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller Deputy Clerk OFFICE OF MANAGEMENT AND BUDGET go Kristin Daniels OMB Director 3 BABCOCK COQUINA MINE, LLC, a Florida limited liability company By: Print Name Title: Email: Phone: Address: DEVELOPER BOARD OF COUNTY OMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman BCC Approved: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: am Susan J. Prado Deputy County Attorney 53 r, Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 * indianriver.gov ioA MEMORANDUM File ID: 25-0464 Type: Consent Staff Report Meeting Date: 4/22/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Susan J. Prado, Deputy County Attorney DATE: April 7, 2025 SUBJECT: Resolution Cancelling Taxes on Property Purchased for Public Purpose - Cleghorn Shoe Corporation - Fire Station 15 BACKGROUND A resolution has been prepared for the purpose of earmarking the public use of the properties and cancelling any delinquent, omitted or current taxes which may exist on the following properties purchased by Indian River County: Public Purpose: Fire Station Location/Description: PID 31382700000700000002.0 Purchased from: Cleghorn Shoe Corporation Instrument: Warranty Deed, recorded in Book 3759, Page 1019 of the public records of STAFF RECOMMENDATION Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. ATTACHMENTS 1. Resolution 2. Warranty Deed 3. Payment Receipt from Indian River County Tax Collector cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser Indian River County, Florida Page 1 of 1 Printed on 4/17/2025 powered by Legistar", 54 RESOLUTION NO. 2025 - Purchased from Cleghorn Shoe Corporation Public Purpose: Fire Station 15 Tax Parcel No(s).: PID 31382700000700000002.0 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Cleghorn Shoe Corporation, a Massachusetts corporation for Fire Station 15, are hereby cancelled pursuant to the authority of section 196.28, F.S. 1 55 RESOLUTION NO. 2025 - See Warranty Deed describing lands, recorded in O.R. Book 3759, Page 1019 of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner the motion was seconded by Commissioner vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Deryl Loar Commissioner Joe Earman Commissioner Susan Adams Commissioner Laura Moss and , and, upon being put to a The Chairman thereupon declared the resolution duly passed and adopted this 22nd day of April, 2025. 2 56 RESOLUTION NO. 2025 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bv: ATTEST: Ryan L. Butler, Clerk of Court and Comptroller 0 Deputy Clerk Joseph E. Flescher, Chairman Tax Certificates Outstanding —X Yes No Current Prorated Tax Received and Deposited with Tax Collector $521.61 Approved as to form and legal sufficiency: By: Susan J. Prado Deputy County Attorney 3 57 3120250011075 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3759 PG: 1019,3/5/2025 3:41 PM D DOCTAX PD $9,450.00 THIS INSTRUMENT PREPARED BY and RETURN TO: BRUCE F. IDEN, ESQUIRE Iden Law Offices 10 Hawley Street Suite 1D Northampton, MA. 01060 Parcel Number 31382700000700000002.0 SPECIAL WARRANTY DEED THIS INDENTURE, made this 1— day of February 2025 by and between Cleghorn Shoe Corporation, Massachusetts corporation authorized to do business in Florida, whose address is: P.O. Box 610727, Miami, Florida 33261-0727, hereinafter called "Grantor," and Indian River County, apolitical sub- division of the State of Florida whose address is: 1801 27'h Street, Vero Beach, Florida 32960, hereinafter called "Grantee." (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations and partnerships, wherever the context so admits or requires.] WITNESSETH, that the said Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and conveyed to the said Grantee, and Grantee's heirs, executors and assigns forever, the following described land (the "Subject Property"), situate, lying and being in the County of Indian River, State of Florida to wit: See Exhibit "A" attached hereto SUBJECT TO: 1. Ad Valorem taxes for 2025 and all years subsequent. 2. A deed restriction running with the title to the Subject Property limiting the use of the Subject Property to a fire station or other governmental use. 3. Easements, restrictions, reservations, limitations or dedications of record, if any, without reimposing 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 the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. [Acknowledgements begin on the following page.] IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal the day and year fust SWD — Cleghom Shoe Corporation Sale to Indian River County Page 1 of 3 58 BK: 3759 PG: 1020 above written. WITNESSED BY: Witness Signa e ?IAht� �y U Printed name GRANTOR Cleghorn Shoe Corporation B Name: Andrew L. Ansin Title: ife President it�oi �9st- c�vs�lq A j Address I W' a ignature Yotc&4--L� wted name Ad ess Atteste by: � Seth Bortunk, Secretary 1401 796, Street Causeway Miami, Florida 33141 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this L 11,tlay of February 2025, by means of I physical presence or ❑ online notarization, by Andrew L. Ansin, as M President on behalf of said corporation. He is personally known to me or who has produced a driver's license as identification. CLW R. .: •= W COMMISSION # HH 485260 . a?� EXPIRES: February 18, 2028 [Notary Seal] Name: 1L^ -QA R— f, f( k— Notary Public, STATE OF FLORIDA My commission expires: 141V17 -V Commission Number: H 4 yrs�Zb) SWD — Cleghorn Shoe Corporation Sale to Indian River County Page 2 of 3 59 BK: 3759 PC: 1021 1W.41-118111 ® Leaal DescriDtion THE EAST ONE HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ON QUARTER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 38 EAST. LESS AND EXCEPT: THE RIGHT OF WAY FOR C.R. 510 (WABASSO ROAD) LYING WESTERLY OF THE EAST LINE OF THE EAST ONE HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 38 EAST AND LYING EASTERLY OF THE EAST UNE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1414, PAGE 1112, AS RECORDED IN THE PUBLIC RECORDS ON INDIAN RIVER COUNTY, FLORIDA. ALSO LESS AND EXCEPT (PER O.R.B. 1414,PG. 1112) COMMENCE AT THE NORTHWEST CORNER OF THE EAST ONE HALF OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 38 EAST, ACCORDING THE THE LAST GENERAL PLATOF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND RUN SOUTH 00°09'15'WEST, ALONG THE WEST LINE, A DISTANCE OF 134 FEET TO A POINT. THEN RUN SOUTH 89°5320' EAST, PARALLEL WITH THE NORTH UNE, A DISTANCE OF 401.79 FEET TO THE POINT OF BEGINNING. THEN RUN STILL PARALLEL WITH THE NORTH UNE, SOUTH 89°53W EAST, A DISTANCE OF 248.58 FEET TO THE EAST RIGHT OF WAY LINE OF COUNTY ROAD 510. THEN RUN SOUTH 00"12'07' WEST, A DISTANCE OF 1197.22 FEET TO A POINT IN THE NORTH RIGHT OF WAY UNE OF BM STREET.THEN RUN ALONG THE NORTH RIGHT OF WAY, NORTH 83°23'41' WEST, A DISTANCE OF 154.26 FEET TO A POINT, THEN RUN NORTH 14'2643° WEST, A DISTANCE OF 280.11 FEET TO A POINT OF 18.43 FOOT ELEVATION, N.G.V.D. ESTA13USHED AS HIGH WATER LINE OF A LAKE. THEN RUN NORTH 02'26'18' WEST, A DISTANCE OF 136.99 FEET TO ANOTHER POINT OF 18.43 FOOT ELEVATION. THEN RUN NORTH 75°OT48- WEST, A DISTANCE OF 238.35 FEET TO A POINT. THEN RUN NORTH 10°01'41' EAST, A DISTANCE OF 366.30 FEET TO ANOTHER POINT OF 18.43 FOOT ELEVATION. THEN RUN NORTH 24°44'03" EAST, A DISTANCE OF 363.30 FEET TO THE POINT OF BEGINNING. 60 ran action 14560245 Cashier. JA. Paid.By Details. Efitacthre ATLANTIC. COASTAL LAND TITLE CO 855 21ST STREET SUITE C VERO BEACH, FL -Posted '3296.0_-----7,-- Date: 03/03/202512:17PM Received Vial - - Mai[Num.Itemsi. 1------------------------ ----.-r-.--------Total Tendered: $521.61 Total Receipt #- - - - - - 143-00000922 - - -- - - - _ B_atch: - - - - - - ^ 275026 Drawer:_ -_ _-,-143 _ Status: Complete Carole Jean Jordan Indian River County Tax Collector PO Box 1509, Vero Bilach, FI.32961-1.509 Receipt - Item Details. Efitacthre Duo Paid - gate Advance , T31-38-27-00000-7000-00002/0/2024-03/0312025 �$621.61� Deposit GOVT PURCHASE - MIAMI (GOVT GARDENS INC TO: IRC BOCC. PURCH) PRORATED TAX THRU - ToteC. - _..___--r ---------- -- S21+.61— 5521.61 — -- Payment � Decals Check Acc#XXXXO Chk#30892 ,61 B�Iance: .. .... #i;00 Indian River County, Florida * * MEMORANDUM �RIpA File ID: 25-0468 Type: Consent Staff Report TO: Indian River County Board of County Commissioners THROUGH: John Titkanich, County Administrator FROM: Racheal Miller, Cyber Security Technician DATE: April 22, 2025 SUBJECT: Information Technology Acceptable Use Policy Revision QE Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 BACKGROUND The Information Technology (IT) Department proposed the Board adopt revisions to Indian River County's Acceptable Use Policy to address evolving cybersecurity threats and operational best practices. As the technology landscape advances, the ways in which employees, contractors, and other stakeholders interact with County information systems must be clearly defined to ensure security, efficiency, and compliance. ANALYSIS The IT Department has identified a critical gap in the Acceptable Use Policy related to removable media. While the existing policy requires formal approval by the IT Department before using removable media, end users can bypass this requirement, and in the process increasing the attack surface of County information systems and exposing the County to unnecessary risks. To appropriately address this issue, the IT Department has tested and is prepared to implement a solution that will ensure compliance by preventing the use of unauthorized USB devices. Implementing a solution that will only permit IT -approved removable media for use will aid in reducing opportunities and minimizing risks to our information systems. Staff has identified and are addressing a requirement for encryption on approved removable media. To further enhance data security, the revised policy will now mandate encryption, when feasible, on all authorized USB drives and external storage devices. To obtain compliance with this update, the IT Department will begin utilizing software to enforce the Acceptable Use Policy and will provide centralized control over removable media, prevent unauthorized access, and reduce the risk of data breaches. These measures align with cybersecurity best practices and strengthen the County's data protection strategy. BUDGETARYIMPACT There is no funding requirement associated with the revision of this policy. PREVIOUS BOARD ACTIONS Indian River County, Florida Page 1 of 2 Printed on 4/17/2025 powered by LegistarT", 62 The Acceptable Use Policy was originally approved by the Board on January 31, 2023, and was last revised and approved by the Board on August 20, 2024. POTENTIAL FUTURE BOARD ACTIONS Periodically the IT Department reviews the County's IT and Acceptable Use policies, and as appropriate will propose revisions to policies to address emerging threats, technological advancements, and regulatory changes STRATEGIC PLAN ALIGNMENT Governance OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff recommends that the Board approve the revisions to the Acceptable Use Policy (AM -1200.21) and replace the existing Acceptable Use Policy in the Administrative Policy Manual. ATTACHMENTS AM -1200.21 -Acceptable Use Policy Indian River County, Florida Page 2 of 2 Printed on 4/17/2025 powered by Legistarl" 63 I. Purpose The purpose of the Indian River County Acceptable Use Policy is to establish acceptable practices regarding the use of Indian River County information technology resources to protect the confidentiality, integrity, and availability of information created, collected, and maintained. II. Scope This policy applies to all personnel which are defined as staff, contractors, and consultants that are employed or contracted with the divisions of the Indian River Board of County Commissioners, including its officers, Departments, Divisions, and special dependent districts. III. Definitions Credentials — Pieces of information (i.e. username, pin, password) used to verify the identity of an individual or entity accessing a system, application, or network. Content — Any type of digital information, files, or documents that users upload, create, store, or share. Data Incident — Any potential loss, theft, or compromise of County information. Door Propping — Intentionally keep a door open or partially opening by using an object to prevent the door from fully closing. Facility Security Incident — Any damage or potentially unauthorized access to a County owned, leased, or managed facility. Firmware — A type of software which is embedded into hardware devices to control their functionality. Identity and Access Management Information — Data and tools that assist in controlling access within a network. Information Technology Resources — Any electronic equipment, hardware, software, or services that are assigned and available for employees to use in the course of their employment. These resources include, but are not limited to, the following: computer workstations and servers, laptops, printers, copy machines, scanners, cellular phones, tablets, fax machines, software applications, internet access, voicemail, and e-mail. Page 1 1 64 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 1 of 18 I. Purpose The purpose of the Indian River County Acceptable Use Policy is to establish acceptable practices regarding the use of Indian River County information technology resources to protect the confidentiality, integrity, and availability of information created, collected, and maintained. II. Scope This policy applies to all personnel which are defined as staff, contractors, and consultants that are employed or contracted with the divisions of the Indian River Board of County Commissioners, including its officers, Departments, Divisions, and special dependent districts. III. Definitions Credentials — Pieces of information (i.e. username, pin, password) used to verify the identity of an individual or entity accessing a system, application, or network. Content — Any type of digital information, files, or documents that users upload, create, store, or share. Data Incident — Any potential loss, theft, or compromise of County information. Door Propping — Intentionally keep a door open or partially opening by using an object to prevent the door from fully closing. Facility Security Incident — Any damage or potentially unauthorized access to a County owned, leased, or managed facility. Firmware — A type of software which is embedded into hardware devices to control their functionality. Identity and Access Management Information — Data and tools that assist in controlling access within a network. Information Technology Resources — Any electronic equipment, hardware, software, or services that are assigned and available for employees to use in the course of their employment. These resources include, but are not limited to, the following: computer workstations and servers, laptops, printers, copy machines, scanners, cellular phones, tablets, fax machines, software applications, internet access, voicemail, and e-mail. Page 1 1 64 Piggybacking/Tailgating — Unauthorized act of gaining access to a restricted area, system, or network by following closely behind an authorized individual without their knowledge or consent. Policy Violation — Any potential violation of this or other County policies, standards, or procedures. Removable Media — Any type of storage device that can be easily removed from an information technology resource, typically for the purpose of storing, transferring, or accessing data (e.g., USB drives or CDs). Site Moderator— Individuals responsible for managing and maintaining the commenting community for a given social media site or blog. Technology Incident— Any potentially harmful event that may cause a failure, interruption, or loss in availability to County information technology resources. Unauthorized Access Incident — Any potential unauthorized access to a County information technology resource. IV. Policy 1. Acceptable Use a. Personnel are responsible for complying with County policies when using County information technology resources. If requirements or responsibilities are unclear, please seek assistance from the Information Technology Department. b. Personnel must promptly report harmful events or policy violations involving County information technology resources or information to their manager or a member of the Incident Response Team (CIRT@indianriver.gov). Events include, but are not limited to, the following: i. Technology incident ii. Data incident iii. Unauthorized access incident iv. Facility security incident Page 12 65 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 2 of 18 Piggybacking/Tailgating — Unauthorized act of gaining access to a restricted area, system, or network by following closely behind an authorized individual without their knowledge or consent. Policy Violation — Any potential violation of this or other County policies, standards, or procedures. Removable Media — Any type of storage device that can be easily removed from an information technology resource, typically for the purpose of storing, transferring, or accessing data (e.g., USB drives or CDs). Site Moderator— Individuals responsible for managing and maintaining the commenting community for a given social media site or blog. Technology Incident— Any potentially harmful event that may cause a failure, interruption, or loss in availability to County information technology resources. Unauthorized Access Incident — Any potential unauthorized access to a County information technology resource. IV. Policy 1. Acceptable Use a. Personnel are responsible for complying with County policies when using County information technology resources. If requirements or responsibilities are unclear, please seek assistance from the Information Technology Department. b. Personnel must promptly report harmful events or policy violations involving County information technology resources or information to their manager or a member of the Incident Response Team (CIRT@indianriver.gov). Events include, but are not limited to, the following: i. Technology incident ii. Data incident iii. Unauthorized access incident iv. Facility security incident Page 12 65 V. Policy violation c. Personnel shall not purposely engage in activities that may: i. Harass, threaten, impersonate, or abuse others; or ii. Degrade the performance of County information technology resources; or iii. Deprive authorized County personnel access to a County information technology resource; or iv. Obtain additional information technology resources beyond those which have been allocated; or V. Circumvent County computer security measures. d. Personnel shall not download, install, or run applications or utilities that reveal or exploit weakness in the security of a County information technology resource. For example, County personnel shall not run password cracking programs, packet sniffers, port scanners, or any other non -approved programs on any County information technology resource. e. Personnel are expected to respect and comply with all legal protections provided by patents, copyrights, trademarks, and intellectual property rights for any software and/or materials viewed, used, or obtained using County information technology resources. Software products that are not appropriately licensed for use by the County shall not be installed on County information technology resources. f. All work products, intellectual property, and proprietary information, including reports, drawings, blueprints, software codes, computer programs, data, writings, and technical information, created or developed using County information technology resources are the property of the County. g. Use of encryption shall be managed in a manner that allows designated County personnel to promptly access all data. h. County information technology resources are provided to facilitate County business and shall not be used for personal financial gain. L Personnel are expected to cooperate with incident investigations, including any federal or state investigations. Page 13 [*1 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 3 of 18 V. Policy violation c. Personnel shall not purposely engage in activities that may: i. Harass, threaten, impersonate, or abuse others; or ii. Degrade the performance of County information technology resources; or iii. Deprive authorized County personnel access to a County information technology resource; or iv. Obtain additional information technology resources beyond those which have been allocated; or V. Circumvent County computer security measures. d. Personnel shall not download, install, or run applications or utilities that reveal or exploit weakness in the security of a County information technology resource. For example, County personnel shall not run password cracking programs, packet sniffers, port scanners, or any other non -approved programs on any County information technology resource. e. Personnel are expected to respect and comply with all legal protections provided by patents, copyrights, trademarks, and intellectual property rights for any software and/or materials viewed, used, or obtained using County information technology resources. Software products that are not appropriately licensed for use by the County shall not be installed on County information technology resources. f. All work products, intellectual property, and proprietary information, including reports, drawings, blueprints, software codes, computer programs, data, writings, and technical information, created or developed using County information technology resources are the property of the County. g. Use of encryption shall be managed in a manner that allows designated County personnel to promptly access all data. h. County information technology resources are provided to facilitate County business and shall not be used for personal financial gain. L Personnel are expected to cooperate with incident investigations, including any federal or state investigations. Page 13 [*1 j. Personnel should not intentionally access, create, store, or transmit material which County may deem to be offensive, indecent, or obscene. 2. Access Management a. Access to County information technology resources and information is based on the principle of least privilege, which limits users' access rights to only what is strictly required to perform their job functions. b. Personnel are permitted to use only those information technology resources issued to them by the County's Information Technology Department and shall not attempt to access any data or application programs contained within County information technology resources for which they do not have authorization or explicit consent. c. All remote access connections made to internal County networks and/or environments must be made through approved, and County -provided, virtual private networks (VPNs). Personnel shall not divulge any identity and access management information to anyone not specifically authorized to receive such information, including Information Technology support personnel. e. Personnel must not share their identity and access management information, including: Account passwords; or ii. Personal Identification Numbers (PINS); or iii. Security Tokens (i.e. Smartcard); or iv. Multi -factor authentication information; or V. Access cards and/or keys; or vi. Digital certificates; or vii. Similar information or devices used for identification and authentication purposes. Access cards and/or keys that are no longer required must be returned to a supervisor or the Human Resources Department. g. Lost or stolen access cards, security tokens, and/or keys must be reported to a supervisor and the Information Technology Department as soon as possible. Page 14 67 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 4 of 18 j. Personnel should not intentionally access, create, store, or transmit material which County may deem to be offensive, indecent, or obscene. 2. Access Management a. Access to County information technology resources and information is based on the principle of least privilege, which limits users' access rights to only what is strictly required to perform their job functions. b. Personnel are permitted to use only those information technology resources issued to them by the County's Information Technology Department and shall not attempt to access any data or application programs contained within County information technology resources for which they do not have authorization or explicit consent. c. All remote access connections made to internal County networks and/or environments must be made through approved, and County -provided, virtual private networks (VPNs). Personnel shall not divulge any identity and access management information to anyone not specifically authorized to receive such information, including Information Technology support personnel. e. Personnel must not share their identity and access management information, including: Account passwords; or ii. Personal Identification Numbers (PINS); or iii. Security Tokens (i.e. Smartcard); or iv. Multi -factor authentication information; or V. Access cards and/or keys; or vi. Digital certificates; or vii. Similar information or devices used for identification and authentication purposes. Access cards and/or keys that are no longer required must be returned to a supervisor or the Human Resources Department. g. Lost or stolen access cards, security tokens, and/or keys must be reported to a supervisor and the Information Technology Department as soon as possible. Page 14 67 3. Authentication/Passwords a. All personnel are required to maintain the confidentiality of identity and access management information. b. If authorized by the Information Technology Department, any group/shared identity and access management information must be maintained solely among the authorized members of the group. c. All identity and access management information, including initial and/or temporary credentials, must be constructed, and implemented according to the Identification and Authentication policy (AM 1200.11): Must meet all requirements including minimum length, complexity, and reuse history. ii. Must not be easily tied back to the account owner by using things like username, social security number, nickname, relative's names, birth date, etc. iii. Must not be the same passwords used for non -business purposes. d. Unique passwords should be used for each system whenever possible. e. User account passwords must not be divulged to anyone. County support personnel and/or contractors should never ask for user account passwords. f. If the security of a password is in doubt, the password shall be changed immediately. g. Personnel shall not circumvent password entry with application remembering, embedded scripts, or hard coded passwords in client software. h. Security tokens (i.e. Smartcards) must be returned on demand or upon termination of the relationship with County, if issued. 4. Clear Desk/Clear Screen a. Personnel shall log off from applications or network services when they are no longer needed. At a minimum, personnel shall log off at the end of each business day. Page 15 68 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 5 of 18 3. Authentication/Passwords a. All personnel are required to maintain the confidentiality of identity and access management information. b. If authorized by the Information Technology Department, any group/shared identity and access management information must be maintained solely among the authorized members of the group. c. All identity and access management information, including initial and/or temporary credentials, must be constructed, and implemented according to the Identification and Authentication policy (AM 1200.11): Must meet all requirements including minimum length, complexity, and reuse history. ii. Must not be easily tied back to the account owner by using things like username, social security number, nickname, relative's names, birth date, etc. iii. Must not be the same passwords used for non -business purposes. d. Unique passwords should be used for each system whenever possible. e. User account passwords must not be divulged to anyone. County support personnel and/or contractors should never ask for user account passwords. f. If the security of a password is in doubt, the password shall be changed immediately. g. Personnel shall not circumvent password entry with application remembering, embedded scripts, or hard coded passwords in client software. h. Security tokens (i.e. Smartcards) must be returned on demand or upon termination of the relationship with County, if issued. 4. Clear Desk/Clear Screen a. Personnel shall log off from applications or network services when they are no longer needed. At a minimum, personnel shall log off at the end of each business day. Page 15 68 Workstations shall be left in a powered -on state so that administration tasks may be performed on the workstation. Personnel shall log off or lock their workstations and laptops when their workspace is unattended. c. Confidential or internal information shall be removed or placed in a locked drawer or file cabinet when the workstation is unattended and at the end of the workday if physical access to the workspace cannot be secured by other means. d. File cabinets containing confidential information shall be locked when not in use or when unattended. e. Physical and/or electronic keys used to access confidential information shall not be left on an unattended desk or in an unattended workspace if the workspace itself is not physically secured. f. Laptops shall not be left unattended when in use away from the office. Laptops shall remain in the possession of the person that they are issued to or stored in a locked drawer or cabinet when not in use (e.g. end of the workday). g. Passwords must not be stored on or under a computer or in any other physically accessible location. h. Copies of documents containing confidential information should be immediately removed from printers and fax machines. 5. Data Security a. Personnel shall use approved encrypted communication methods when sending confidential information over public computer networks (Internet). b. Only authorized cloud computing applications maybe used for sharing, storing, and transferring confidential or internal information. c. Information must be appropriately shared, handled, transferred, saved, and destroyed, based on the information sensitivity and consistent with Public Records Law and retention requirements. d. All electronic media containing confidential information must be disposed of securely and consistent with Public Records Law and retention requirements. Please contact the Information Technology Department for guidance or assistance. Page 16 69 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 6 of 18 Workstations shall be left in a powered -on state so that administration tasks may be performed on the workstation. Personnel shall log off or lock their workstations and laptops when their workspace is unattended. c. Confidential or internal information shall be removed or placed in a locked drawer or file cabinet when the workstation is unattended and at the end of the workday if physical access to the workspace cannot be secured by other means. d. File cabinets containing confidential information shall be locked when not in use or when unattended. e. Physical and/or electronic keys used to access confidential information shall not be left on an unattended desk or in an unattended workspace if the workspace itself is not physically secured. f. Laptops shall not be left unattended when in use away from the office. Laptops shall remain in the possession of the person that they are issued to or stored in a locked drawer or cabinet when not in use (e.g. end of the workday). g. Passwords must not be stored on or under a computer or in any other physically accessible location. h. Copies of documents containing confidential information should be immediately removed from printers and fax machines. 5. Data Security a. Personnel shall use approved encrypted communication methods when sending confidential information over public computer networks (Internet). b. Only authorized cloud computing applications maybe used for sharing, storing, and transferring confidential or internal information. c. Information must be appropriately shared, handled, transferred, saved, and destroyed, based on the information sensitivity and consistent with Public Records Law and retention requirements. d. All electronic media containing confidential information must be disposed of securely and consistent with Public Records Law and retention requirements. Please contact the Information Technology Department for guidance or assistance. Page 16 69 6. Email and Electronic Communication a. Auto -forwarding electronic messages outside the County internal systems is prohibited. b. Electronic communications shall not misrepresent the originator or the County. c. Personnel are responsible for the accounts assigned to them and for the actions taken with their accounts. d. Accounts must not be shared without prior authorization from the Information Technology Department, with the exception of calendars and related calendaring functions. e. Personnel shall not use personal email accounts to send or receive County information. f. Any personal use of County provided email shall not: i. Involve solicitation; or ii. Be associated with any religious or political cause or entity; or iii. Have the potential to harm the reputation of County; or iv. Forward chain emails; or V. Contain or promote threatening or unethical behavior; or vi. Violate local, state, federal, or international laws or regulations; or vii. Result in unauthorized disclosure of County information; or viii. Or otherwise violate any other County policies. g. Personnel shall send confidential information using only County approved secure electronic messaging solutions. h. Personnel must use caution when responding to, clicking on links within, or opening attachments included in electronic communications. i. Personnel should use discretion in disclosing confidential or internal information in Out of Office or other automated responses, such as employment data, internal telephone numbers, location information or other sensitive data. Page 17 70 SECTION NUMBER EFFECTIVE DATE InformationTechnology ADMINISTRATIVE AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 7 of 18 6. Email and Electronic Communication a. Auto -forwarding electronic messages outside the County internal systems is prohibited. b. Electronic communications shall not misrepresent the originator or the County. c. Personnel are responsible for the accounts assigned to them and for the actions taken with their accounts. d. Accounts must not be shared without prior authorization from the Information Technology Department, with the exception of calendars and related calendaring functions. e. Personnel shall not use personal email accounts to send or receive County information. f. Any personal use of County provided email shall not: i. Involve solicitation; or ii. Be associated with any religious or political cause or entity; or iii. Have the potential to harm the reputation of County; or iv. Forward chain emails; or V. Contain or promote threatening or unethical behavior; or vi. Violate local, state, federal, or international laws or regulations; or vii. Result in unauthorized disclosure of County information; or viii. Or otherwise violate any other County policies. g. Personnel shall send confidential information using only County approved secure electronic messaging solutions. h. Personnel must use caution when responding to, clicking on links within, or opening attachments included in electronic communications. i. Personnel should use discretion in disclosing confidential or internal information in Out of Office or other automated responses, such as employment data, internal telephone numbers, location information or other sensitive data. Page 17 70 Personnel email signatures shall be limited to only the following items: i. Name ii. Professional Designations or Certifications iii. Job Title iv. Department or Division V. County Work Address vi. Office Phone Number vii. Mobile Phone Number viii. County issued email address ix. County approved logos X. County approved public records declaration or statement A. County mission statement Electronic mail (e-mail) messages made or received by County employees in connection with the transaction of official business are public records. soft Teams Messaging Teams functionality should primarily be used for work-related communication. Use of County provided Teams messaging shall not: i. Involve solicitation; or ii. Be associated with any religious or political cause or entity; or iii. Have the potential to harm the reputation of County; or iv. Contain or promote threatening or unethical behavior; or V. Violate local, state, federal, or international laws or regulations; or Page 18 71 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 8 of 18 Personnel email signatures shall be limited to only the following items: i. Name ii. Professional Designations or Certifications iii. Job Title iv. Department or Division V. County Work Address vi. Office Phone Number vii. Mobile Phone Number viii. County issued email address ix. County approved logos X. County approved public records declaration or statement A. County mission statement Electronic mail (e-mail) messages made or received by County employees in connection with the transaction of official business are public records. soft Teams Messaging Teams functionality should primarily be used for work-related communication. Use of County provided Teams messaging shall not: i. Involve solicitation; or ii. Be associated with any religious or political cause or entity; or iii. Have the potential to harm the reputation of County; or iv. Contain or promote threatening or unethical behavior; or V. Violate local, state, federal, or international laws or regulations; or Page 18 71 vi. Result in unauthorized disclosure of County information; or vii. Or otherwise violate any other County policies. c. Sensitive information must not be shared via Teams messages. d. Personnel must use caution when clicking on links within or opening attachments included in Teams messages. e. Teams messages made or received by County employees in connection with the transaction of official business are public records. 8. Microsoft OneDrive a. OneDrive maybe used to share content or collaborate with either internal or external parties. When sharing content, the following policies apply: i. Users shall use one of the following OneDrive sharing options: 1. Anyone; or 2. People in Indian River County BoCC; or 3. People with existing access; or 4. People you choose. a. Users shall specify with whom content is being shared using the intended recipient's email address. ii. Users shall share content as view -only unless there is a need for collaboration. 1. Users shall consider whether or not the recipient requires the ability to download the shared content. a. If not, the user shall share the content as 'Can't download' which is a more restrictive option of view -only. iii. Users shall periodically review shared content and remove shares which are no longer necessary. Page 19 72 SECTION NUMBER EFFECTIVE DATE InformationTechnology ADMINISTRATIVE AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 9 of 18 vi. Result in unauthorized disclosure of County information; or vii. Or otherwise violate any other County policies. c. Sensitive information must not be shared via Teams messages. d. Personnel must use caution when clicking on links within or opening attachments included in Teams messages. e. Teams messages made or received by County employees in connection with the transaction of official business are public records. 8. Microsoft OneDrive a. OneDrive maybe used to share content or collaborate with either internal or external parties. When sharing content, the following policies apply: i. Users shall use one of the following OneDrive sharing options: 1. Anyone; or 2. People in Indian River County BoCC; or 3. People with existing access; or 4. People you choose. a. Users shall specify with whom content is being shared using the intended recipient's email address. ii. Users shall share content as view -only unless there is a need for collaboration. 1. Users shall consider whether or not the recipient requires the ability to download the shared content. a. If not, the user shall share the content as 'Can't download' which is a more restrictive option of view -only. iii. Users shall periodically review shared content and remove shares which are no longer necessary. Page 19 72 b. Users shall adhere to State of Florida and Indian River County retention policies for all content stored in their OneDrive account. c. Upon termination of a County employee, the employee's OneDrive account will be made available to the employee's immediate supervisor. i. Supervisors shall review all content contained within the OneDrive account to determine if any of the content stored within the account must be retained in accordance with State of Florida or Indian River County retention policies. All content contained within a user's OneDrive account is subject to Florida public records law. 9. Hardware and Software a. All information technology hardware must be formally approved by the Information Technology Department before being connected to County networks. b. Software installed on County information technology resources must be approved by the Information Technology Department and installed by County Information Technology personnel. c. All hardware shall run a supported version of firmware and shall be promptly patched once a vulnerability has been identified. d. All software shall run a supported version and shall be promptly updated once a vulnerability has been identified. e. All hardware and software shall be replaced or updated to a supported version before reaching the end -of -life date specified by the manufacturer. All County information technology resources taken off-site must be physically secured at all times. g. Personnel shall not allow family members or other non -employees to access County information technology resources. 10. Internet a. The Internet must not be used to communicate County confidential or internal information, unless the confidentiality and integrity of the information is ensured, and Page 1 10 73 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 10 of 18 b. Users shall adhere to State of Florida and Indian River County retention policies for all content stored in their OneDrive account. c. Upon termination of a County employee, the employee's OneDrive account will be made available to the employee's immediate supervisor. i. Supervisors shall review all content contained within the OneDrive account to determine if any of the content stored within the account must be retained in accordance with State of Florida or Indian River County retention policies. All content contained within a user's OneDrive account is subject to Florida public records law. 9. Hardware and Software a. All information technology hardware must be formally approved by the Information Technology Department before being connected to County networks. b. Software installed on County information technology resources must be approved by the Information Technology Department and installed by County Information Technology personnel. c. All hardware shall run a supported version of firmware and shall be promptly patched once a vulnerability has been identified. d. All software shall run a supported version and shall be promptly updated once a vulnerability has been identified. e. All hardware and software shall be replaced or updated to a supported version before reaching the end -of -life date specified by the manufacturer. All County information technology resources taken off-site must be physically secured at all times. g. Personnel shall not allow family members or other non -employees to access County information technology resources. 10. Internet a. The Internet must not be used to communicate County confidential or internal information, unless the confidentiality and integrity of the information is ensured, and Page 1 10 73 the identity of the recipient(s) is established. Only County approved electronic distribution methods may be used for this purpose. b. Use of the Internet with County networking or computing resources must only be used for business-related activities. Unapproved activities include, but are not limited to: i. Recreational games; and ii. Streaming media; and iii. Personal social media; and iv. Accessing or distributing pornographic or sexually oriented materials; and V. Attempting or making unauthorized entry to any network or computer accessible from the Internet; and vi. Any activity that would violate any other County policy. c. Access to the Internet from outside the County network using a County owned computer must adhere to all the same policies that apply to use from within County facilities. 11. Mobile Devices a. County does not allow personally owned mobile devices to connect to the County enterprise internal network. b. Mobile devices that access County email servers must have a PIN or other authentication mechanism enabled. c. Confidential information should only be stored on devices that are encrypted in compliance with the County Encryption Standard. d. County confidential information should not be stored on any personally owned mobile device. e. Theft or loss of any mobile device that has been used to create, store, or access confidential or internal information must be reported to the County Information Technology Department immediately. Page 1 11 74 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 11 of 18 the identity of the recipient(s) is established. Only County approved electronic distribution methods may be used for this purpose. b. Use of the Internet with County networking or computing resources must only be used for business-related activities. Unapproved activities include, but are not limited to: i. Recreational games; and ii. Streaming media; and iii. Personal social media; and iv. Accessing or distributing pornographic or sexually oriented materials; and V. Attempting or making unauthorized entry to any network or computer accessible from the Internet; and vi. Any activity that would violate any other County policy. c. Access to the Internet from outside the County network using a County owned computer must adhere to all the same policies that apply to use from within County facilities. 11. Mobile Devices a. County does not allow personally owned mobile devices to connect to the County enterprise internal network. b. Mobile devices that access County email servers must have a PIN or other authentication mechanism enabled. c. Confidential information should only be stored on devices that are encrypted in compliance with the County Encryption Standard. d. County confidential information should not be stored on any personally owned mobile device. e. Theft or loss of any mobile device that has been used to create, store, or access confidential or internal information must be reported to the County Information Technology Department immediately. Page 1 11 74 f. All mobile devices must maintain up-to-date versions of all software and applications. g. All personnel are expected to use mobile devices in an ethical manner. h. In the event there is a suspected incident or breach associated with a mobile device, it may be necessary to remove the device from the employee's possession as part of a formal investigation. i. All mobile device usage in relation to County information technology resources may be monitored at the discretion of County. j. County Information Technology support for personally owned mobile devices is limited to assistance in complying with this policy. County Information Technology support may not assist in troubleshooting device usability issues. k. Texting or emailing while driving is not permitted while working or using County vehicles. Only hands-free talking while driving is permitted when using County resources. 12. Physical Security a. Personnel must badge in and out of access -controlled areas. Piggybacking, tailgating, door propping and any other activity to circumvent door access controls are prohibited. b. Visitors accessing card -controlled areas of facilities must be accompanied by authorized personnel at all times. c. Eating and/or drinking is prohibited in data centers. d. Caution must be used when eating or drinking near workstations or information processing facilities. 13. Privacy a. Information created, sent, received, or stored on County information technology resources are not private and may be accessed by County Information Technology Page 112 75 SECTION NUMBER EFFECTIVE DATE InformationTechnology ADMINISTRATIVE AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 12 of 18 f. All mobile devices must maintain up-to-date versions of all software and applications. g. All personnel are expected to use mobile devices in an ethical manner. h. In the event there is a suspected incident or breach associated with a mobile device, it may be necessary to remove the device from the employee's possession as part of a formal investigation. i. All mobile device usage in relation to County information technology resources may be monitored at the discretion of County. j. County Information Technology support for personally owned mobile devices is limited to assistance in complying with this policy. County Information Technology support may not assist in troubleshooting device usability issues. k. Texting or emailing while driving is not permitted while working or using County vehicles. Only hands-free talking while driving is permitted when using County resources. 12. Physical Security a. Personnel must badge in and out of access -controlled areas. Piggybacking, tailgating, door propping and any other activity to circumvent door access controls are prohibited. b. Visitors accessing card -controlled areas of facilities must be accompanied by authorized personnel at all times. c. Eating and/or drinking is prohibited in data centers. d. Caution must be used when eating or drinking near workstations or information processing facilities. 13. Privacy a. Information created, sent, received, or stored on County information technology resources are not private and may be accessed by County Information Technology Page 112 75 employees at any time, under the direction of County executive management and/or Human Resources, without knowledge of the user or resource owner. b. The County may log, review, and otherwise utilize any information stored on or passing through its information technology resources. c. County Information Technology staff and other authorized County personnel may have privileges that extend beyond those granted to standard business personnel. Personnel with extended privileges shall not access files and/or other information that is not specifically required to carry out employment-related tasks. 14. Removable Media a. The use of removable media for storage of County information must be supported by a valid business case. b. All removable media use shall be approved in writing by the County Information Technology Department prior to use. c. Personally owned removable media use shall not be used for storage of County information and shall not be interfaced with County information technology resources. d. Personal data shall not be stored on removable media. e. Personnel are prohibited from connecting removable media from an unknown origin to County information technology resources. f. All removable media must be stored in a safe and secure environment. g. All removable media shall be encrypted when technically feasible. The IT Department shall assess and determine whether encryption is feasible based on system compatibility, operational requirements, and technical limitations. ii. If encryption is deemed infeasible due to technical constraints (e.g., system recovery tools, safe mode usage, compatibility, or embedded system requirements), alternative security controls must be implemented to mitigate risks. Page 1 13 76 SECTION NUMBER EFFECTIVE DATE InformationTechnology ADMINISTRATIVE AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 13 of 18 employees at any time, under the direction of County executive management and/or Human Resources, without knowledge of the user or resource owner. b. The County may log, review, and otherwise utilize any information stored on or passing through its information technology resources. c. County Information Technology staff and other authorized County personnel may have privileges that extend beyond those granted to standard business personnel. Personnel with extended privileges shall not access files and/or other information that is not specifically required to carry out employment-related tasks. 14. Removable Media a. The use of removable media for storage of County information must be supported by a valid business case. b. All removable media use shall be approved in writing by the County Information Technology Department prior to use. c. Personally owned removable media use shall not be used for storage of County information and shall not be interfaced with County information technology resources. d. Personal data shall not be stored on removable media. e. Personnel are prohibited from connecting removable media from an unknown origin to County information technology resources. f. All removable media must be stored in a safe and secure environment. g. All removable media shall be encrypted when technically feasible. The IT Department shall assess and determine whether encryption is feasible based on system compatibility, operational requirements, and technical limitations. ii. If encryption is deemed infeasible due to technical constraints (e.g., system recovery tools, safe mode usage, compatibility, or embedded system requirements), alternative security controls must be implemented to mitigate risks. Page 1 13 76 15. The loss or theft of a removable media device containing any County information must be reported to the County Information Technology Department immediately. 16. Security Training and Awareness a. All new personnel must complete an approved cybersecurity awareness training prior to, or within 30 days of, being granted access to any County Information technology resources. b. All personnel must be provided with and acknowledge they have received and agree to adhere to the County Information Security Policies before they are granted access to County Information technology resources. c. All personnel must complete the annual security awareness training and any assigned remedial training. 17. Social Media a. Communications made with respect to social media shall be made in compliance with all applicable County policies. b. Personnel are personally responsible for the content they publish online. c. Creating any public social media account intended to represent the County, including accounts that could reasonably be assumed to be an official County account, requires approval in writing by the County Administrator. d. When discussing the County or County related matters, you must: Identify yourself by name; and ii. Identify yourself as a County representative; and iii. Make it clear that you are speaking for yourself and not on behalf of the County unless you have been explicitly approved to do so. e. Personnel shall not misrepresent their role at County. f. When publishing County -relevant content online in a personal capacity, a disclaimer must accompany the content. Page 1 14 77 SECTION NUMBER EFFECTIVE DATE InformationTechnology ADMINISTRATIVE AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 14 of 18 15. The loss or theft of a removable media device containing any County information must be reported to the County Information Technology Department immediately. 16. Security Training and Awareness a. All new personnel must complete an approved cybersecurity awareness training prior to, or within 30 days of, being granted access to any County Information technology resources. b. All personnel must be provided with and acknowledge they have received and agree to adhere to the County Information Security Policies before they are granted access to County Information technology resources. c. All personnel must complete the annual security awareness training and any assigned remedial training. 17. Social Media a. Communications made with respect to social media shall be made in compliance with all applicable County policies. b. Personnel are personally responsible for the content they publish online. c. Creating any public social media account intended to represent the County, including accounts that could reasonably be assumed to be an official County account, requires approval in writing by the County Administrator. d. When discussing the County or County related matters, you must: Identify yourself by name; and ii. Identify yourself as a County representative; and iii. Make it clear that you are speaking for yourself and not on behalf of the County unless you have been explicitly approved to do so. e. Personnel shall not misrepresent their role at County. f. When publishing County -relevant content online in a personal capacity, a disclaimer must accompany the content. Page 1 14 77 i. Example disclaimer: "The opinions and content are my own and do not necessarily represent County's position or opinion." g. Content posted online should not violate any applicable laws (i.e. copyright, fair use, financial disclosure, or privacy laws). h. Discrimination (including age, sex, race, color, creed, religion, ethnicity, sexual orientation, gender, gender expression, national origin, citizenship, disability, or marital status or any other legally recognized protected basis under federal, state, or local laws, regulations, or ordinances) in published content that is affiliated with County will not be tolerated. L Confidential information, internal communications and non-public financial or operational information may not be published online in any form. j. Personal information belonging to County residents may not be published online. k. Indian River County reserves the right to remove or hide inappropriate content, including, but not limited to: i. Profane language or content; or ii. Personal attacks; or iii. Sexual content or links to sexual content; or iv. Content that includes unlawful conduct; or V. Comments that are clearly off topic from the posted topics; or vi. Advertising services, entities, products or solicitations of commerce; or vii. Spam or links to other websites, pages, or accounts; or viii. Information that may compromise the safety or security of the public or public systems; or ix. Content that defames any person, group, or organization. Page 1 15 78 SECTION NUMBER EFFECTIVE DATE information ADMINISTRATIVE TechnologyAM-1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 15 of 18 i. Example disclaimer: "The opinions and content are my own and do not necessarily represent County's position or opinion." g. Content posted online should not violate any applicable laws (i.e. copyright, fair use, financial disclosure, or privacy laws). h. Discrimination (including age, sex, race, color, creed, religion, ethnicity, sexual orientation, gender, gender expression, national origin, citizenship, disability, or marital status or any other legally recognized protected basis under federal, state, or local laws, regulations, or ordinances) in published content that is affiliated with County will not be tolerated. L Confidential information, internal communications and non-public financial or operational information may not be published online in any form. j. Personal information belonging to County residents may not be published online. k. Indian River County reserves the right to remove or hide inappropriate content, including, but not limited to: i. Profane language or content; or ii. Personal attacks; or iii. Sexual content or links to sexual content; or iv. Content that includes unlawful conduct; or V. Comments that are clearly off topic from the posted topics; or vi. Advertising services, entities, products or solicitations of commerce; or vii. Spam or links to other websites, pages, or accounts; or viii. Information that may compromise the safety or security of the public or public systems; or ix. Content that defames any person, group, or organization. Page 1 15 78 18. Voicemail a. Personnel should use discretion in disclosing confidential or internal information in voicemail greetings, such as employment data, internal telephone numbers, location information or other sensitive data. b. Personnel shall not access another user's voicemail account unless it has been explicitly authorized. c. Personnel must not disclose confidential information in voicemail messages. 19. Incidental Use a. Asa convenience to County personnel, incidental use of information technology resources is permitted. The following restrictions apply: Incidental personal use of electronic communications, internet access, fax machines, printers, copiers, and so on, is restricted to County approved personnel; it does not extend to family members or other acquaintances. Incidental use should not result in direct costs to the County. iii. Incidental use should not interfere with the normal performance of an employee's work duties. iv. No files or documents may be sent or received that may cause legal action against, or embarrassment to, the County or its residents. b. Storage of personal email messages, voice messages, files, and documents within County information technology resources must be kept to a minimum. c. All information located on County information technology resources is owned by County may be subject to public records requests and may be accessed in accordance with this policy. V. Disciplinary Action All employees found to have violated any of the policy statements defined within this policy will be subject to discipline up to and including dismissal in accordance with County policy. Page 1 16 79 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 4/22/2025 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 16 of 18 18. Voicemail a. Personnel should use discretion in disclosing confidential or internal information in voicemail greetings, such as employment data, internal telephone numbers, location information or other sensitive data. b. Personnel shall not access another user's voicemail account unless it has been explicitly authorized. c. Personnel must not disclose confidential information in voicemail messages. 19. Incidental Use a. Asa convenience to County personnel, incidental use of information technology resources is permitted. The following restrictions apply: Incidental personal use of electronic communications, internet access, fax machines, printers, copiers, and so on, is restricted to County approved personnel; it does not extend to family members or other acquaintances. Incidental use should not result in direct costs to the County. iii. Incidental use should not interfere with the normal performance of an employee's work duties. iv. No files or documents may be sent or received that may cause legal action against, or embarrassment to, the County or its residents. b. Storage of personal email messages, voice messages, files, and documents within County information technology resources must be kept to a minimum. c. All information located on County information technology resources is owned by County may be subject to public records requests and may be accessed in accordance with this policy. V. Disciplinary Action All employees found to have violated any of the policy statements defined within this policy will be subject to discipline up to and including dismissal in accordance with County policy. Page 1 16 79 VI. Procedures, Guidelines, Forms and Other Related Resources VII. References APM 1200.3 Awareness and Training APM 1200.5 Planning APM 1200.6 Identification and Authentication APM 1200.7 System and Communication Protection APM 1200.9 Access Control APM 1200.11 Assessment, Authorization, and Monitoring APM 1200.14 Media Protection APM 1200.15 Physical and Environmental Protection APM 1200.16 Personnel Security APM 1200.20 Personally Identifiable Information Processing and Transparency VII. Responsibility Information Technology Department VIII. Authority Approval and Signature Approved: BOCC Meeting — 04/22/2025 VIII. History VERSION SECTION CHANGES DEPT/INDIVIDUAL NUMBER EFFECTIVE DATE InformationTechnology Media" to refine language for improved ADMINISTRATIVE 04.22.25 AM -1200.21 4/22/2025 POLICY MANUAL - Revised policy section 14 "Removable SUBJECT PAGE Media" to include encryption requirement Acceptable Use Page 17 of 18 VI. Procedures, Guidelines, Forms and Other Related Resources VII. References APM 1200.3 Awareness and Training APM 1200.5 Planning APM 1200.6 Identification and Authentication APM 1200.7 System and Communication Protection APM 1200.9 Access Control APM 1200.11 Assessment, Authorization, and Monitoring APM 1200.14 Media Protection APM 1200.15 Physical and Environmental Protection APM 1200.16 Personnel Security APM 1200.20 Personally Identifiable Information Processing and Transparency VII. Responsibility Information Technology Department VIII. Authority Approval and Signature Approved: BOCC Meeting — 04/22/2025 VIII. History VERSION DATE CHANGES DEPT/INDIVIDUAL - Revised policy section 14 "Removable IT/R. Miller Media" to refine language for improved 1.5 04.22.25 clarity and readability. - Revised policy section 14 "Removable Media" to include encryption requirement for removable media. Page 1 17 80 Page 1 18 81 SECTION Replaced placeholders for dates with date IT/R. Miller 1.4 08.20.24 NUMBER EFFECTIVE DATE Information - Revised policy section 8 "Microsoft IT/R. Miller ADMINISTRATIVE Technology AM -1200.21 4/22/2025 POLICY MANUAL option. SUBJECT PAGE - Revised policy section 8 "Microsoft Acceptable Use Page 18 of 18 Page 1 18 81 Replaced placeholders for dates with date IT/R. Miller 1.4 08.20.24 of BOCC Meeting approval - Revised policy section 8 "Microsoft IT/R. Miller OneDrive" to include Anyone as a sharing option. - Revised policy section 8 "Microsoft OneDrive" removing statement prohibiting users from using the Anyone sharing option. - Revised policy section 9 "Hardware and 1.3 07.15.24 Software" to include statements regarding patching/updating/replacing firmware and software. - Revised policy section 6 "Email and Electronic Communication" to include County mission statement in email signatures. - Revised definitions to include definition for firmware. Replaced County Administrator's signature IT/R. Miller 1.2 06.18.24 in section VIII with date of BOCC Meeting approval. 1.1 04.25.24 - Revised the policy scope to reflect IT/R. Miller updated organization structure. - Added section 7 "Microsoft Teams Messaging" to Policy Statement. - Added section 8 "Microsoft OneDrive" to Policy Statement. - All policy sections after section 7 and 8 have been renumbered due to the addition of sections 7 and 8. - Revised section 15 regarding updates in changes to the social media policy and procedures. - Minor grammatical/formatting fixes. 1.0 01.01.23 Initial Publication IT/D. Russell Page 1 18 81 Indian River County, Florida * * MEMORANDUM �IpA File ID: 25-0449 Type: Consent Staff Report TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Procurement Manager FROM: Shelby Ball, Procurement Specialist DATE: March 31, 2025 70 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 SUBJECT: Final Ranking of Firms and Authorization to Negotiate - RFQ 2025023 for Design & Engineering for the Wabasso Causeway Park BACKGROUND On behalf of the Parks, Recreation and Conservation Department, and in accordance with Section 287.055, Florida Statute (Consultant's Competitive Negotiation Act), statements of qualifications ("SOQs") were requested from qualified engineering firms for design and engineering services for the Wabasso Causeway Park. The selected firm will work with the County to design and engineer permit level plans for improved parking areas and boat launch (including ramp and boardwalks). ANALYSIS A selection committee, comprised of Wendy Swindell, Parks, Recreation and Conservation Asst. Director, Brad Dewson, Parks Superintendent, Kylie Yanchula, Natural Resources Director, and Beth Powell, Parks, Recreation and Conservation Director, independently reviewed, scored, and ranked the received SOQs in accordance with FS 287.055, the RFQ, and the Purchasing Manual. The top three ranked firms were invited to participate in discussions, and at the conclusion of the discussions, a final selection committee meeting was held, during which each committee member read his overall ranking of ferns, and a final ranking determined. The final ranking established by the committee is: 1. Halff Associates, Inc. 2. Dredging & Marine Consultants, LLC. 3. Kimley-Horn and Associates, Inc. 4. Architects Design Collaborative, LLC Staff is prepared to begin negotiations with the top ranked firm and bring the final agreement to the Board at a meeting in the near future. BUDGETARY IMPACT Funding for the design services, in the amount of $150,000, will come from a Florida Inland Navigation District (FIND) Grant, with money located in the Optional Sales Tax/ Parks/ Construction in Progress/ Wabasso Causeway Shore & Park Indian River County, Florida Page 1 of 2 Printed on 4/17/2025 powered by LegistarTM 88 Improvements Account, 31521072-066510-24013. PREVIOUS BOARD ACTIONS November 5, 2024, the Board of County Commissioners approved the agreement for the FIND Grant. POTENTIAL FUTURE BOARD ACTIONS Approval of award and agreement. STAFF RECOMMENDATION Staff recommends the Board approve the Committee's final ranking and authorize negotiations with the top ranked firm in accordance with FS 287.055, and the subsequently ranked firms, should negotiations with the top ranked firm fail. Indian River County, Florida Page 2 of 2 Printed on 4/17/2025 powered by Legistarl" 89 Indian River County, Florida K *�A * MEMORANDUM File ID: 25-0452 Type: Consent Staff Report TO: Board of County Commissioners �r_ Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 THROUGH: John A. Titkanich, Jr., County Administrator Kylie Yanchula, Natural Resources Director FROM: Eric Charest, Assistant Director, Natural Resources Department DATE: March 25, 2025 SUBJECT: Work Order No. 2018006-20 - APTIM, Sector 3 Hurricanes Ian and Nicole Dune Renourishment Year 1 Physical Monitoring Report BACKGROUND 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 Sector 3 (Wabasso Beach). The Sector 3 project area is a critically eroded 6.6 -mile section of engineered shoreline that extends from the Seaview Subdivision south past the Turtle Trail beach park. The Sector 3 coastline suffered significant storm related losses to the beach and dune system from the impacts of Hurricanes Ian (2022) and Nicole (2022) creating the need for repair. On November 7, 2023, the BCC awarded Bid No. 2024004 to Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. for the Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project. Construction commenced on December 1, 2023 and completed on April 13, 2024. The project consisted of a dune restoration project that placed approximately 223,040 cubic yards of beach compatible sand fill and installing approximately 728,633 native dune plants along the shoreline in Indian River County from FDEP range monuments R20 to R55. 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. APTIM will develop an engineering monitoring report that discusses the physical performance of the beach fill project in order to meet Florida Department of Environmental Protection (FDEP) permit requirements. The proposed Work Order No. 2018006-20, in the amount of $28,218.00 provides professional services for assessing the project performance in the form of a Year 1 Physical Monitoring Report related to the Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project. Task 1: 2025 Year 1 Post -Construction Physical Monitoring Report ($28,218.00) Indian River County, Florida Page 1 of 2 Printed on 4/16/2025 powered by LegistarTu 82 All subsequent post -construction required monitoring of the Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project will be addressed through future work orders. ANALYSIS N/A BUDGETARYIMPACT Funding for the Sector 3 Year 1 Physical Monitoring Report is budgeted and available in the Coastal Engineering Fund/Other Contractual Services/Sector 3 Post -Construction Monitoring account, no. 12814472- 033490-05054, in the amount of $28,218.00 PREVIOUS BOARD ACTIONS November 7, 2023 Award of Bid for Sector 3 Hurricanes Ian and Nicole Dune Renourishment. POTENTIAL FUTURE BOARD ACTIONS On-going permit required monitoring. STRATEGIC PLAN ALIGNMENT Environment. OTHER PLAN ALIGNMENT The Sector 3 management area is one of the 8 management areas outlined in the Beach Preservation Plan. STAFF RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018006-20 in the total lump sum amount of $28,218.00. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-20. ATTACHMENTS 1. APTIM Work Order No. 2018006-20 Indian River County, Florida Page 2 of 2 Printed on 4/16/2025 powered by legistarTM 83 WORK ORDER 2018006 - 20 This Work Order Number _20_ is entered into as of this _ day of , pursuant to that certain Engineering and Biological Support Services Contract for Sector 3 Agreement for Professional Services, dated January 9, 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 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 mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (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 1.3 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: Digitally signed by Mcate Sharp By: Nicole Sharp Date: 2025.032417:27:22 Name: Nicole S. Sharp Title: Director of Coastal Business Development BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY: By: Joseph E. Flescher, Chairman BCC Approval Date: By: John A. Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency: By: Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) 84 APTIM February 18, 2025 Quintin Bergman Indian River County Natural Resources — Coastal Division 1801 27th St, Building A Vero Beach, FL 32960 EXHIBIT A Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #20 Year 1 Physical Monitoring Report Dear Eric: Aptim Environmental & Infrastructure, LLC 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 Restoration Project. The scope of work described herein is to support the County for Year 1 physical monitoring reporting, as required by permit. The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee proposal 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 in support of the Sector 3 (Wabasso Beach) Beach and Dune Restoration Project (RFQ#2018006). Year 1 Physical Monitoring Report Volumetric and contour changes at the Sector 3 Beach will be calculated using surveys that were collected at the FDEP R -monuments by the County's surveyor, Morgan & Eklund. APTIM will review the data to ensure that it conforms to the standards required by the FDEP physical monitoring plan. APTIM will notify the County of any issues with the survey data and will coordinate through the County or directly with the surveyors to resolve any issues. APTIM will develop an engineering report that discusses the performance of the beach fill project. Beach contour changes will be evaluated to document changes at the shoreline and the dune. Volumetric changes will be quantified above MHW (+0.6 ft NAVD) and above the depth of closure. All computations and distinguished erosion and accretion patterns/trends will be summarized with tables and graphical representations in addition to plots of the survey profiles. In accordance with the JCP requirements, the report will specifically include the following: A record of the volume and location of all beach fill material placed within the project area 2. The volume and percentage of advance nourishment lost since the last beach nourishment project as measured landward of the MHW line of the most recent survey 85 A P T I M February 18, 2025 Page 2 of 3 3. The most recent MHW shoreline positions (feet) in comparison to the design profile at each individual monument location 4. The MHW shoreline position changes (feet) relative to the pre -construction survey at each individual monument location for all the monitoring periods 5. The total measured remaining volume (cubic yards) in comparison with the total predicted remaining volume (cubic yards) above the MHW line and above the Depth of Closure for the entire project area over the successive monitoring periods 6. Any other shoreline position and/or volumetric analysis the Engineer deem useful in assessing, with quantitative measurements, the performance of the project. Deliverable A Year 1 post -construction monitoring assessment will be provided in report format for the Sector 3 project area. The report will summarize and discuss background information regarding the project, survey datasets utilized, beach contour and volumetric changes, and overall project performance. The report appendices will include the raw survey data and superimposed plots of the two most recent beach profiles, the design template, and pre- and post -construction profiles. Schedule APTIM will provide the deliverable within 90 calendar days of receipt of the Sector 3 Beach and Dune Restoration Project survey data. It is assumed that the survey data provided by the County has been processed and is considered final. Cost The total lump sum cost to perform the proposed work described herein for — Work Order #20 is $28,218.00. Please refer to Exhibit 1, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County (unless stated otherwise in the schedule). It is noted that some aspects of this Work Order are dependent upon Contractor performance and are outside the control of APTIM and the County. As such, the scope, schedule and cost described herein is provided as an estimate. APTIM will strive to execute each phase of the work within budget and in as expeditious manner as data is received from County contractor. We will coordinate with the County in the event that the scope, schedule, or budget arise due to unforeseen issues or circumstances. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Nicole S. Sharp, P.E. Director of Coastal B siness Development Aptim Environmental & Infrastructure, LLC Client Authorized Signature Printed Name Title 86 APTIM A APTIM EXHIBIT 1 Indian River County, FL Sector 3 - 2018006 - Work Order #20 Year 1 Physical Monitoring Report Summary of Cost by Task February 18, 2025 Page 3 of 3 TMkr Task Name Labor Subcontractors Equipment Materials Other ODCs Mobilization/ Totals $ $ Expert Witness(Testimony) $ 300.00 Demob $ Physical Monitoring Report $ 28,218.00 $ $ $ $ $ $ 28,218.00 Totals = $ 28,218.00 $ $ $ $ $ $ 28,218.00 Submitted By: Nicole Sharp Submittedro: Indian River County, FL Submission Date: 02/18/25 Summary of Labor Hours and Cost Labor Title Labor Bill Rate Year Physical Monitoring Report Task 1 Labor furs Cost Labor Hours Totals Cost Principal Engineer/Sr Pro' Mngr $ 250.00 $ $ Expert Witness(Testimony) $ 300.00 $ $ Program Manager $ 190.00 36 $ 6,840.00 36 $ 6,840.00 Sr Coastal Engineer/Prof Migr $ 165.00 $ - - $ - Coastal Engineer III $ 150.00 24 $ 3,600.00 24 $ 3,600.00 Coastal Engineer 11 $ 125.00 74 $ 9,250.00 74 $ 9,250.00 Coastal Engineer 1 $ 105.00 $ $ - Coastal Modeler II $ 130.00 $ $ Coastal Modeler I $ 110.00 $ $ - Professional Surveyor ✓£ Mapper $ 145.00 4 $ 580.00 4 $ 580.00 Hydrographer $ 135.00 $ - - $ - Surveyor $ 95.00 $ $ Survey Technician $ 80.00 $ $ - Senior Marine Biologist $ 135.00 8 $ 1,080.00 8 $ 1,080.00 Marine Biologist 11 $ 95.00 $ - - $ - Marine Biologist 1 $ 72.00 $ $ Professional Geologist $ 150.00 $ $ Geologist III $ 130.00 $ $ Geologist II $ 95.00 $ $ Geologist 1 $ 80.00 $ $ Senior CAD Operator $ 140.00 $ $ CAD Operator $ 105.00 40 $ 4,200.00 1 40 $ 4,200.00 GIS Operator $ 105.00 20 $ 2,100.00 20 $ 2,100.00 Boat Captain $ 80.00 $ - - $ - Bookkeeper $ 80.00 $ - - $ - Clerical $ 71.00 8 $ 568.00 8 $ 568.00 Technician $ 60.00 $ $ Subcontractors - - $ $ Equipment $ $ Materials - $ - - $ - Other ODCs $ $ Mbbilization/Demob $ $ TOTAL 214 $ 28,218.00 214 1 $ 28,218.00 Submitted By: Nicole Sharp Submittedro: Indian River County, FL Submission Date: 02MR/25 87 Indian River County, Florida * * MEMORANDUM 104' File ID: 25-0455 Type: Consent Staff Report TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks Recreation & Conservation Director !71 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 FROM: Wendy Swindell, Parks, Recreation & Conservation Assistant Director DATE: April 4, 2025 SUBJECT: Carter & Associates, Inc. Work Order, Number 3, Amendment 1 for the South Prong Preserve Design and Engineering Services BACKGROUND Indian River County purchased the South Prong Preserve in 2006 (Ryall) and 2007 (Stough) through two separate acquisitions, combining to create the 37.5 -acre conservation area. These parcels were purchased with environmental bond funds and cost -share grants from the Florida Communities Trust (FCT). The primary purpose and objective of the South Prong Preserve (SPP) project is to conserve native riverfront land and restore citrus grove to native plant communities adjacent to the South Prong of the St. Sebastian River. This land is within the "St. Sebastian River Greenway," as formally designated by Indian River County. On April 17, 2018, the Board of County Commissioners (BCC) approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Carter Associates, Inc. On September 15, 2020, the BCC approved Carter Associates, Inc. Work Order Number 3 in the amount of $89,555, which included design and engineering services for public access improvements for the South Prong Preserve. These services included development and approval of a site plan including site access from SR 510, required parking areas, trails to interconnect the amenities, and location of an educational building. The plan did not include the design of the educational building or the design and engineering of a boardwalk system through the forested wetlands on site. Carter Associates, Inc. has provided the County with a proposal to complete the design of the educational building and wetland boardwalk (Amendment 1). Services will include educational building design and construction administration services, site survey for the location of the boardwalk, boardwalk design, and boardwalk construction services for a total amount of $79,825. ANALYSIS The attachment provides the scope of services and associated fees for completion of Work Order Number 3, Amendment 1 for design and construction administration services for the South Prong Preserve education Indian River County, Florida Page 1 of 2 Printed on 4/17/2025 powered by LegistarTM 90 building and boardwalk system. BUDGETARY IMPACT Funding for this project is budgeted and available in the Optional Sales Tax/Parks/South Prong Slough Conservation Area account, number 31521072-066390-20009, in the amount of $79,825. Account Description Account Number Amount Optional Sales Tax/Parks/South Prong Slough Conservation Area 31521072-066390-20009 $79,825 PREVIOUS BOARD ACTIONS 1. On April 17, 2018, the Board of County Commissioners (BCC) approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Carter Associates, Inc. 2. On September 15, 2020, the BCC approved Carter Associates, Inc. Work Order Number 3 in the amount of $89,555.00, which included design and engineering services for public access improvements for the South Prong Preserve. POTENTIAL FUTURE BOARD ACTIONS Consideration of bids for construction of planned amenities. STRATEGIC PLAN ALIGNMENT Quality of Life STAFF RECOMMENDATION Staff respectfully recommends that the Indian River County Board of County Commissioners approve Carter & Associates, Inc. Work Order Number 3, Amendment 1, in the amount of $79,825, for the South Prong Preserve Design & Engineering Services, and authorize the Chairman to execute the Amendment after review and approval by the County Attorney. ATTACHMENTS 1. Carter & Associates, Inc. Work Order Number 3, Amendment 1 for the South Prong Preserve Design & Engineering Services Indian River County, Florida Page 2 of 2 Printed on 4/17/2025 powered by LegistarT , 91 2023015 — Continuing Consulting Engineering Services AMENDMENT TO WORK ORDER FOR South Prong Preserve Design & Engineering Services (Project Name) This Amendment 1 to Work Order Number 3 is entered into as of , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUN'T'Y, a political subdivision of the State of Florida ("COUNTY") and Carter Associates Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 3 , with an Effective Date of September 15, 2020 . 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Modification to Scope of Work), attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant within the timeframe set forth in the Work Order, or as amended in Exhibit A, all 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 modified 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 Amendment as of the date first written above. CONSULT BOARD OF COUN'T'Y COMMISSIONERS OF INDIAN RIVER COUNTY By: By: Prin a John H. Blum, P.E. Joseph E. Flescher, Chairman Vice President Title: - _ BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Scope, thresholds and amendment number confirmed by: John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney Purchasing N 0 A I company March 20, 2025 Mrs. Wendy Swindell Conservation Lands Manager Indian River County Parks and Recreation 1590 9th Street SW Vero Beach, Florida 32962 RE: Professional Services Agreement South Prong Slough — Boardwalk and Pavilion Indian River County CAI Proposal No. 25-42916 Dear Wendy: It is our pleasure to present for your acceptance, the following estimate for professional services for the above referenced project. We propose the following services and corresponding fees in accordance with the Professional Services Agreement (PSA) effective March 20, 2025, between Carter Associates, Inc. (CAI) and Indian River County Parks and Recreation (CLIENT). PROJECT LIMITS: This proposal and the services detailed within pertain to the proposed boardwalk and pavilion design for the South Prong Slough project located on at 7780 85th Street, Vero Beach, Florida 32967. SCOPE OF SERVICES: The following outline and scope of services is provided and based on a coordinated effort between CAI and its sub -consultant, Spiezle Architectural Group, Inc. TASK 1— SITE SURVEY • Establish Vertical Control (Benchmarks): Differential levels from a published record vertical benchmark to establish near or on site temporary vertical benchmark for required site observations. • Perform topographic survey to collect baseline data including topography and protected tree locations with 4" or greater diameter at breast height, within 25 feet of the proposed boardwalk baseline as provided by the CLIENT and prepared by CAI. • Deliverables for this task will include survey data for to produce input to be depicted on the engineering design files — No physical survey, or survey certificate to be produced. 1708 21 st Street, Vero Beach, Florida 32960 • t 772.562.4191 • carterassoc.com R.\ENG\JHB\PROPOSAL\IRC-South Prong Slough - Boardwalk and Pavilion.docx Page 1 of 4 93 TASK 2 — BOARDWALK DESIGN and CONSTRUCTION ADMINISTRATION • Coordinate with CLIENT on boardwalk locations and dimensional criteria. • Prepare site plan depicting boardwalk locations and connections to walking trails. Determine boardwalk widths for pedestrian traffic, ADA compliance, and any vehicle access requirements. • Designate the type, height, and spacing of railings. • Determine finished elevation for top of deck based on base flood elevation criteria. • Coordinate with Geotechnical Engineer for soil boring locations, expected loads, and pile depths. Soil testing is not included with this proposal and will be provided by the CLIENT. • Prepare construction specifications and details for boardwalk deck, supports, and piling materials. • Prepare engineering calculations for structural integrity of the boardwalk and submit to Indian River County (IRC) Building Department. • Provide follow through during permitting process to address IRC review comments. • Provide periodic site inspections to observe pile installation, stringers, bents, and fasteners. TASK 3 — PAVILION ARCHITECTURAL SERVICES A. Design, Documentation, and Bidding Support: • Schedule and conduct a review meeting with Owner for the purpose of presenting the programming for review and approval. • Finalize project requirements, schedule, and process. • Survey of the existing affected areas to establish existing conditions, dimensions, and characteristics for the project. • Develop full design development documents for review. • Florida building code and fire prevention code compliance. • Develop construction documents and specifications. • Conduct our in-house `Fresh -Eye' quality control review of bid package. • Submit to and support the permit review and approval process. • Attend Pre -Bid meeting, respond to request for information (RFI) during bidding and issue addenda as necessary. • Prepare estimates of probable construction cost at 100% design development and 50% construction document milestones. B. Construction Administration and Close Out: • Assist in coordinating an AIA contract between contractor and Owner for approval by Owner's counsel. • Issue Notice of Award on behalf of the Owner. • Represent Owner's interests through construction process, monitoring construction for conformance with designs, specifications, and construction requirements. • Attend a preconstruction meeting. • Attend a maximum of 12 job meetings, once every two weeks during construction. Page 2 of 4 • Consultants site visits during construction shall be as follows: o Maximum of 3 Site Visits for the MEP Engineer. o Maximum of 3 Site Visits for the Structural Engineer. • Maintain records of correspondence, submittals, minutes, etc. on behalf of the Owner during construction • Review construction schedule. • Review and process payment applications and shop drawings, issue Architect's Supplemental Instructions (ASI), and respond to RFI's. • Process closeout documents. • Upon receipt of contractor's punch list, walk through and prepare architectural, engineering, and interiors finish punch list and issue a Certificate of Substantial Completion. C. Construction Cost Consulting Services • Prepare estimates of probable construction cost at 100% design development and 50% construction document milestones. COMPENSATION: We recommend authorization of the following fees for this assignment. Task1— Site Survey............................................................................................................. $5,200.00 Task 2 — Boardwalk Design and Construction Administration .................................. $25,400.00 Task 3 — Pavilion Architectural Services A. Design, Documentation, and Bidding Support .......................................... $26,875.00 B. Construction Administration and Close Out Fees ..................................... $10,550.00 C. Construction Cost Consulting Services.......................................................... $3,250.00 Sub -Consultant Coordination............................................................................................ $5,550.00 ReimbursableExpenses....................................................................................................... $3,000.00 TOTAL FEES ....................................................... $79,825.00 ASSUMPTIONS: In developing this proposal, CAI represents to the CLIENT that the following assumptions have been made and that deviation from these assumptions may require additional expenditures on behalf of the CLIENT to CAI. 1. This proposal specifically excludes all application and/or impact fees, which shall be the responsibility of the CLIENT. 2. Soil testing is not included in this proposal and will be required for the design of the boardwalk and pavilion improvements. Coordination with the ARCHITECT to obtain and consolidate the necessary soil testing is included. 3. Design and permitting fees for off-site improvements, such as turn lanes, signalization, and utility line extensions are not included with this proposal but can be provided under separate Page 3 of 4 rA17.T 95 m authorization if needed. These requirements for these improvements will not be known until the sub -consultant studies are performed. 4. Landscape, arborist, and irrigation design services am not included with this fee proposal. 5. Wetland permitting is not included. Wetland planting design drawings, . plant lists, and installation shall be provided .by others. 6. The respective utility provider shall provide conduit design and layout. 7. Construction stakeout and as -built surveys are not included with this proposal. It is anticipated that the contractor will be responsible for construction stakeout and as -built surveys. CAT can provide these services for the contractor if he chooses. Thank you for giving us the opportunity to sit a. proposal for our services. We look forward to working with you on this project. Our receipt of a signed copy of this agreement will serve as our notice to proceed; Should you have any questions or need additional information, please do not hesitate to contact me at our office. Sincerely, Agreed to and Accepted.• By: Print Name: Address: Date: Page 4 of 4 ti PROFESSIONAL SERVICES AGREEMENT This Agreement prepared on March 20, 2025 is by and between Indian River County Parks and Recreation with address at 1590 91h Street SW, Vero Beach, FL 32962 ("Client") and Carter Associates, Inc. ("CAI"), who agree as follows: Client engages CAI to perform professional services (the "Services") for the compensation set forth in one or more proposals or work authorizations (the "Proposal(s)") for one or more projects (the "Project(s)"). CAI shall be authorized to commence the Services upon execution of the Proposal(s) by the Client. Client and CAI agree that this Agreement, the Proposal(s), and any attachments herein incorporated by reference (the "Agreement") constitute the entire agreement between them. I. CAPS RESPONSIBILITIES: CAI shall perform or furnish the Services described in the Proposals, which shall be combined and attached as part of this Agreement. Where the terms or conditions of any Proposal conflict with those of Parts 1 -III contained herein, the Proposal shall control for the Services performed under that Proposal only. ll. CLIENT'S RESPONSIBILITIES: Client, at its expense, shall do the following in a timely manner so as not to delay the Services: 1. INFORMATIONIREPORTS: Furnish CAI with all information, reports, studies, site characterizations, advice, instructions, and similar information in its possession relating to the Project. 2. REPRESENTATIVE / ACCESS: Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies, and make decisions with respect to the Services, and provide CAI safe access to any premises necessary for CAI to provide the Services. 3. DECISIONS: Provide all criteria and full information as to requirements for the Project, obtain (with CAI's assistance, if applicable) necessary approvals and permits, attend Project -related meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and participate in the Project to the extent necessary to allow CAI to perform the Services. III. COMPENSATION, BILLING, & PAYMENT: Client shall pay CAI for Services as denoted in the applicable Proposal and in accordance with the standard rate schedule — Attachment B. IV. STANDARD TERMS AND CONDITIONS: Attachment A. i iF The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they ! are signing and each of the undersigned parties has caused this Agreement to be duly executed. This Agreement contains a i limitation of liability clause and the Client has read and consents to all terms. APPROVED FOR "CLIENT" APPROVED FOR "CAI" INDIAN RIVER COUNTY PARKS AND RECREATION CARTER ASSOCIATES, INC. t i By: By:+ , } E Printed Name: Prin ed Name: John H. Blume PF_Title: Title: Vice President i Effective Date: Attachments, _ A — Standard Terms and Conditions B — Standard Rate Schedule a - s f i Page 1 f . ATTACHMENT A STANDARD TERMS AND CONDITIONS 1. STANDARD OF CARE. The Services shall be performed with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license. The Services are not subject to, and CAI cannot provide, any warranty or guarantee, express or implied, including warranties or guarantees contained in any uniform commercial code, work authorization, requisition, or notice, except as provided herein. 2. CHANGE OF SCOPE. The scope of Services set forth in any Proposal is based on facts known at the time of execution of the Proposal, including, if applicable, Client Data (defined below). As the Project progresses, facts discovered, including, but not limited to, site conditions or the existence of differing subsurface or physical conditions, may indicate that the scope, pricing, or other terms must be redefined, and the parties shall reasonably cooperate to equitably adjust the scope, pricing, or terms of this Agreement accordingly. 3. SAFETY. CAI has established and maintains corporate programs and procedures for the safety of its employees. Unless included as part of the Services, CAI specifically disclaims any authority or responsibility for general job site safety and safety of persons other than CAI employees. 4. DELAYS. The Services shall be performed expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. Where CAI is prevented from completing any part of the Services within the schedule provided under the Agreement due to delay beyond its reasonable control, the schedule will be extended in an amount of time equal to the time lost due to such delay so long as CAI provides written explanation of the delay to Client. Except with regard to payment of any amounts due CAI from any Services, neither party shall be liable to the other for any delays or failure to act, due to unforeseeable causes reasonably beyond the control of the party claiming such circumstances. 5. TERMINATION/SUSPENSION. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of termination, Client shall pay CAI for all Services, including profit relating thereto, rendered prior to termination, plus any expenses of termination. In the event either party defaults in its obligations under this Agreement (including Client's obligation to make the payments required hereunder), the non -defaulting party may suspend performance under this Agreement. In the event of a suspension of Services, CAI shall have no liability to the Client for delay or damage caused the Client because of such suspension of Services. Before resuming Services, CAI shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of CAI's Services. CAI's fees for the remaining Services and the time schedules shall be equitably adjusted. Obligations under this Agreement, which by their nature would continue beyond the suspension or termination of this Agreement (e.g., indemnification), shall survive such suspension or termination. 6. RELATIONSHIP WITH CONTRACTORS / REVIEW. CAI shall serve as Client's professional representative for the Services, and may make recommendations to Client concerning actions relating to Client's contractors, but CAI specifically disclaims any authority to direct or supervise the means, methods, techniques, security or safety activities, personnel, compliance, sequences, or procedures of construction selected by Client's contractors. For Projects involving bid preparation, CAI may supply standard contract forms, templates, or other documents that will be executed between the Client and contractor(s). It is the Client's responsibility to review those documents and to obtain legal advice thereto. For Projects involving construction, Client acknowledges that under generally accepted professional practice, interpretations of construction documents in the field are normally required, and that performance of construction -related services by the design professional for the Project permits errors or omissions to be identified and corrected at comparatively low cost. Evaluations of Client's budget for construction and estimates prepared by CAI represent CAI's judgment as a design professional. It is recognized, however, that neither CAI nor Client have control over the cost of labor, materials, or equipment, the contractor's methods of determining bid prices, or competitive bidding, market, or negotiating conditions. Accordingly, CAI cannot and does not warrant or represent that bids or negotiated prices will not vary from Client's budget or from any estimate of costs prepared or agreed to by CAI. Client agrees to hold CAI harmless from any claims resulting from performance of construction -related services by persons other than CAI and CAI shall not be responsible for the contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. In fulfilling its duties pursuant to the Agreement, Client permits CAI to elect to subcontract to others certain tasks in its scope of Services. 7. INSURANCE. CAI will maintain insurance coverage for Professional Liability, Commercial Liability, Auto, and Workers' Compensation in amounts in accordance with legal and business requirements. Certificates evidencing such coverage will be provided to Client upon request. For Projects involving construction, Client agrees to require its construction contractor, if any, to include CAI as an additional insured on its policies relating to the Project. CAI's coverages referenced above shall, in such case, be excess over any contractor's primary coverage. Client shall require its construction contractor to include CAI as an indemnitee under any indemnification obligation of contractor to Client to the fullest extent allowed by law. 8. SITE CONDITIONS. Hazardous, archaeological, paleontological, cultural, biological, or other materials, protected resources, unknown underground facilities, or other conditions ("Conditions") may exist at a site where there is no reason to believe they could or should be present. CAI and Client agree that the discovery of unanticipated Conditions constitutes a changed condition that may mandate a renegotiation of the scope of Services. CAI will notify Client should unanticipated Conditions be encountered. Client acknowledges and agrees that it retains title to all Conditions existing on the site and shall report to the appropriate public agencies, as required, any Conditions at the site that may present a potential danger to the public health, safety, or the environment. Client shall execute any manifests in connection with avoidance, containment, transportation, storage, or disposal of Conditions resulting from the site. 9. INDEMNITY. CAI shall indemnify Client from and against liability for damage to the extent that the damage is actually caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by CAI, CAI's agent, or another entity over which CAI exercises control. 10. LIMITATION OF LIABILITY. Client agrees that, to the fullest extent permitted by law, CAI's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, CAI's negligence, errors, omissions, strict liability, or breach of contract, and whether claimed directly or by way of contribution, shall not exceed the total compensation received by CAI for the relevant work authorization or proposal under this Agreement. If Client desires a limit of liability greater than that provided above, Client and CAI shall include in Part III of this Agreement the amount of such limit and the additional compensation to be paid to CAI for assumption of such additional risk. PURSUANT TO F.S. 558.0035, AN EMPLOYEE OR AGENT OF CAI MAY Page 2 98 NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. 11. CONSEQUENTIAL DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST REVENUES, LOSS OF USE, LOSS OF FINANCING, LOSS OF REPUTATION, LOST PROFITS, DELAYS, OR OTHER ECONOMIC LOSS ARISING FROM ANY CAUSE INCLUDING BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER CAUSE WHATSOEVER, NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY. REGARDLESS OF LEGAL THEORY, CAI SHALL BE LIABLE ONLY TO THE EXTENT THAT ANY DAMAGES SPECIFIED HEREIN ARE FOUND BY A FINAL COURT OF COMPETENT JURISDICTION TO HAVE BEEN THE SEVERAL LIABILITY OF CAI. TO THE EXTENT PERMITTED BY LAW, ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH THIS PROVISION OF THE AGREEMENT ARE WAIVED. 12. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables, including electronic media, pertaining to the Project by Client for any purpose other than that for which such were originally prepared, or alteration of such without the written verification or adaptation by CAI for the specific purpose intended, shall be at the Client's risk. All title blocks and the engineer's seal, if applicable, shall be removed if Client provides deliverables in electronic media to any third party. Any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. Client agrees that relevant analyses, findings, and reports provided in electronic media shall also be provided in hard copy and that the hard copy shall govem in the case of a discrepancy between the two versions, and shall be held as the official set of drawings, as signed and sealed. Client shall be afforded a period of thirty (30) days to check the hard copy against the electronic media. In the event that any error or inconsistency is found during that time, CAI shall be advised and the inconsistency shall be corrected at no additional cost to Client. Following the expiration of this notice period, Client shall bear all responsibility for the care, custody, and control of the electronic media. In addition, Client represents that it shall retain the necessary mechanisms to read the electronic media. Client agrees to indemnify and hold harmless CAI from all claims, damages, and expenses (including reasonable litigation costs) arising out of such reuse or alteration by Client or others acting through Client. 13. CLIENT DATA. Client or any third party designated by Client may provide information, reports, studies, site characterizations, advice, instructions, and similar information in its possession relating to the Project ("Client Data"). CAI may reasonably and in good faith rely upon the accuracy of Client Data and unless described as part of the Services, CAI is not required to audit, examine, or verify Client Data. However, CAI will not ignore the implications of information furnished to CAI and may make reasonable inquiries if Client Data as furnished appears to be incorrect or incomplete. CAI makes no representations or warranties (express or implied) as the quality, accuracy, usefulness, or completeness of any Services to the extent CAI relies on Client Data. CAI, its affiliates, its officers, directors, and employees shall have no liability whatsoever with respect to the use of unreliable, inaccurate, or incomplete Client Data. 14. ASSIGNMENT/BENEFICIARIES. Neither party may assign this Agreement without the written consent of the other party. With the exception of such assignments, nothing contained in this Agreement, nor the performance of the parties hereunder, is intended to benefit, nor shall inure to the benefit of, any third party, including Client's contractors, if any. The Services may be performed by any affiliated company of CAI under its common insurance program. 15. AMENDMENT, NO WAIVER, & SEVERABILITY. This Agreement can be amended in writing and signed by the parties. No waiver by either parry of any default by the other party in the performance of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, whether like or different in character. The various terms, provisions, and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 16. INDEPENDENT PARTIES. Each party is an independent entity and is not a partner, agent, principal, or employee of the other parry, unless otherwise agreed to by the parties in writing. 17. STATUTE OF LIMITATION. To the fullest extent permitted by law, the parties agree that the time period for bringing claims under this Agreement shall expire one (1) year after Project completion. 18. STATUTORY TERMS APPLICABLE TO STATE POLITICALI SUBDIVISIONS. As provided in F.S. 287.135, CAI certifies that it has' not been placed on the Scrutinized Companies that Boycott Israel List, nor is engaged in a boycott of Israel pursuant to F.S. 215.4725, and it has not been placed on the Scrutinized Companies with Activities in Sudan List or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List pursuant to F.S. 215.473, nor is engaged in business operations in Cuba or Syria. This Agreement may be terminated at the option of the Client if CAI is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, or is found to have submitted a false certification as provided under F.S. 287.135 (5), 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. 19. DISPUTE RESOLUTION. The parties shall attempt to settle all claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this Agreement, including but not limited to breach thereof, by discussion between the parties' senior representatives. If any dispute cannot be resolved in this manner, within five (5) business days, the parties agree to refer such claims, disputes, and controversies to mediation by a mediator mutually agreed to and equally paid for by the parties before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration. The mediator shall convene the mediation at the request of either party, and the mediation will last at such times and as long as the mediator reasonably believes agreement is probable. Notwithstanding the foregoing, prior to or during negotiation or mediation, either party may initiate litigation that would otherwise become barred by a statute of limitation. In the event any actions are brought to enforce this Agreement, the prevailing party shall be entitled to collect its litigation costs including reasonable attorney's fees from the other party. 20. LITIGATION SUPPORT. CAI will not be obligated to provide expert witness or other litigation support related to its Services, unless expressly agreed in writing. In the event CAI is required to respond to a subpoena, inquiry, or other legal process related to the Services in connection with a proceeding to which CAI is not a party, Client will reimburse CAI for its costs and compensate CAI at its then standard rates for the time it incurs in gathering information and documents and attending depositions, hearings, and the like. 21. GOVERNING LAW. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without giving effect to any conflict or choice of law rules or principles under which the law of any otherjurisdiction would apply. Each party hereby submits to the jurisdiction of the federal and state courts located in the county of CAI's address and agrees that such courts shall be exclusive forum and venue for resolving any legal suit, action or proceeding arising out of or relating to this Agreement. Ver. 16MAY2023 Page 3 99 ATTACHMENT B Carter Associates, Inc., an LJA Company CONTINUING ENGINEERING SERVICES FOR INDIAN RIVER COUNTY MAY 2, 2023 TO MAY 1, 2026 RATESCHEDULE Staff Tvne: Hourly Rates Engineer (Principal) $195.00 Engineer I $175.00 Engineer II $160.00 Engineer III $140.00 Engineer IV $130.00 Engineer V $115.00 CAD/GIS Tech I $130.00 CAD/GIS Tech II $125.00 CAD/GIS Tech III $120.00 CAD/GIS Tech IV $110.00 CAD/GIS Tech V $100.00 Administrative Staff $ 75.00 Inspector $ 85.00 Postage, Express Mail, etc. Blueprints/Blackline (24" x 36") Color Prints (24"x36) Mileage Photocopies: 8.5" x 11" 8.5" x 14" 11" x 17" REIMBURSABLE EXPENSES: Cost $2.20/Each $5.50/Each IRS Standard Rate 16¢/Each 27¢/Each 38¢/Each Note: These hourly billing rates will remain effective for the initial duration of this Agreement, and may be renegotiated should an additional renewal period be exercised. Page 4100 Indian River County, Florida * * MEMORANDUM �lORIOy' File ID: 25-0475 Type: Consent Staff Report TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell - Parks, Recreation & Conservation Director rM Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 FROM: Wendy Swindell - Asst Director, Parks, Recreation & Conservation DATE: April 8, 2025 SUBJECT: Water & Air Research, Inc. Work Order Number 1, Amendment 2 for Ecological Services in Support of the Environmental Land Acquisition Bond BACKGROUND On September 26, 2023, the Board of County Commissioners approved Contract #2023064 for Water & Air Research, Inc. to provide ecological services in support of land acquisition services for the Environmental Bond. The initial work to be completed by Water & Air Research, Inc. was to complete desktop environmental assessments for use by the Environmental Lands Acquisition Panel (ELAP) in the review of parcels nominated for potential acquisition. Staff provided authorization for Water & Air Research, Inc. to begin the initial environmental reports May of 2024 up to the Purchasing Manager's authority of $35,000 through Work Order 1. On October 4, 2024, the County Administrator executed Amendment 1 to Work Order 1, authorizing Water & Air Research to complete additional environmental assessment reports up to the threshold of $75,000. This level of authorization allowed for completion of environmental reports for the initial ranking period (March 1, 2024 through August 31, 2024). Water & Air Research, Inc. completed fifteen property assessments for the initial ranking period. There are seven additional properties that have been nominated for potential acquisition for the second nomination period (September 1, 2024 through February 28, 2025). This amendment will address the second nomination period environmental reports. In addition, the amendment will provide for additional services towards the initiation of draft management plans for properties that will be acquired through purchase with bond funds. ANALYSIS The attachment provides the scope of services and contract rates for completion of Work Order Number 1, Amendment 2 which includes completion of additional environmental reports for properties nominated during the second nomination period, as well as initiation of draft management plans for properties acquired with bond funds. Indian River County, Florida Page 1 of 2 Printed on 4/16/2025 powered by LegistarT 101 BUDGETARY IMPACT Funding for work performed for Contract #2023064, in the amount of $75,000, will come from the Land Acquisition Bond 2024/Land Acquisition/Other Professional Services account, number 155.14639-033190. Account Description Account Number Amount Land Acquisition Bond 2024/Land Acquisition/Other Prof Services 15514639-033190 $75,000 PREVIOUS BOARD ACTIONS On September 26, 2023, the Board of County Commissioners approved Contract #2023064 for Water & Air Research, Inc. to provide ecological services in support of the Environmental Bond. POTENTIAL FUTURE BOARD ACTIONS None identified at this time STRATEGIC PLAN ALIGNMENT Quality of Life STAFF RECOMMENDATION Staff respectfully recommends that the Indian River County Board of County Commissioners approve Water & Air Research, Inc. Work Order Number 1, Amendment 2 for ecological services in support of the land acquisition bond, and authorize the Chairman to execute the Amendment after review and approval by the County Attorney. ATTACHMENTS 1. Water & Air Research, Inc. Work Order Number 1, Amendment 2 for ecological services in support of the land acquisition environmental bond. Indian River County, Florida Page 2 of 2 Printed on 4/16/2025 powered by t_egistar� 102 2023064 — Environmental Land Acquisition Services AMENDMENT TO WORK ORDER FOR Environmental Land Acquisition Services (Project Name) This Amendment 02 to Work Order Number o1 is entered into as of , pursuant to that certain Agreement, dated September 26, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY') and WATER AND AIR RESEARCH INCORPATED ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number o1, with an Effective Date of 6/20/2024. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Modification to Scope of Work), attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant within the timeframe set forth in the Work Order, or as amended in Exhibit A, all 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 modified 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 Amendment as of the date first written above. CONSULTANT: Print Name: Teresa CA =s Title: Senior Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: — Joseph E. Flescher, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: Jennifer W. Shuler, County Attorney Scope, thresholds and amendment number confirmed by: Purchasing 103 Exhibit A ENVIRONMENTAL LAND BOND Property Assessments .�y.0RIP t This Amendment #2 under Contract #2023064 is to complete additional property assessments in support of the County's Environmental Land Acquisition Bond. The purpose of the Property Assessments is to provide the Environmental Lands Acquisition Panel (ELAP) with sufficient information to allow members to rank nominated parcels that have (1) met the minimum review criteria and (2) received documentation from the property owner that the nominated area may be included for consideration for purchase (i.e. "Willing Seller"). A Property Assessment is needed for each parcel to be ranked by the ELAP. The Property Summary initially will be generated as a compilation of database information (aka a "desktop" survey); however, an additional field survey may be required for specific nominated properties. As Needed Services: Water & Air will provide additional services as assigned by Wendy Swindell in the Agreement and Scope of Services for Contract 2023064. Water & Air rates for Contract #2023064, in order of anticipated most -highly to least -highly utilized for this project: F Jim Surdick; Senior Scientist $ 164.72 Peter NeSmith; Senior Scientist $ 164.72 Mark McManus; CAD/GIS Support $ 87.85 Simon Cordery; Project Scientist $ 137.26 Laura NeSmith; Associate Planner $ 71.38 Niamh Meyler; Scientist I $ 76.87 Sonja Wilson; Document Production Specialist $ 76.87 Gary Schultz; Project Scientist $ 137.26 Eric Nelson; Senior Scientist $ 164.72 Paislee Peyton; Scientist I $ 76.87 Barry Vance; Senior Scientist $ 164.72 104 Indian River County, Florida *�A>« MEMORANDUM File ID: 25-0463 Type: Consent Staff Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Patrick J, Murphy; Chief of Long Range Planning DATE: April 8, 2025 b-1 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 SUBJECT: Pulte Home Company, LLC's Request for Final Plat Approval for Costa Pointe PD Phase 2 [PD -21-06-07 / 99040218-96821] BACKGROUND The Costa Pointe PD Phase 2 final plat consists of 60 townhome units on 18.06 acres, resulting in a density of 3.32 units per acre. The project site is in the vicinity southwest of the intersection of 41' Street and l II Drive, immediately south of the recently recorded Costa Pointe PD Phase 1 B (see attachment 1). The property is zoned PD, Planned Development and has a future land use designation of C/I, Commercial/Industrial (up to 8 units per acre). On December 8, 2020, the Board of County Commissioners (BCC) granted PD rezoning and conceptual PD plan approval for a multi -phase project to be known as Harbor Bluffs PD. The project was to include a total of 624 mixed residential units on 78.29 acres, for an overall density of 7.97 units per acre. After the conceptual PD plan approval from the BCC in 2020, the applicant reduced the overall unit count (from 624 units to 487 units) for an overall density of 6.22 units per acre. Subsequently, the Harbor Bluffs PD project was renamed Costa Pointe PD. The multi -family phase of development was sold to another developer and re -named from Saxon Harbor Bluffs PD to the Verity PD. Costa Point PD will now consist of 202 total residential units (142 single-family homes and 60 townhomes), on 60 acres, for an overall density of 3.37 units per acre. The subject final plat is for the third and final phase of the Costa Pointe PD, which is identified as Phase 2, and has been reviewed and approved by County development review staff. The final plat for Phase IA (82 single- family lots) was approved by the BCC on August 20, 2024. The final plat for Phase 1B (60 single-family lots) was approved by the BCC on January 14, 2025. ANALYSIS All the required improvements for Costa Pointe PD Phase 2 have been completed and inspected, and a Certificate of Completion was issued by the Public Works Department on December 13, 2024. All improvements (stormwater tracts, landscape tracts, roadways) will be private, except for certain utility facilities Indian River County, Florida Page 1 of 2 Printed on 4/16/2025 powered by Legistarl 105 which will be dedicated and guaranteed to Indian River County after plat recordation, as required by the Utility Services Department. All requirements of final plat approval have been satisfied. BUDGETARY IMPACT N/A PREVIOUS BOARD ACTIONS N/A POTENTIAL FUTURE BOARD ACTIONS N/A STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff recommend that the Board of County Commissioners grant final plat approval for Costa Pointe PD Phase 2. ATTACHMENTS 1. Location Map 2. 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M/a 1ova1 I ay w M18 31Vniad p: I Fd 3NVl N3dNVH x Cq D: 2 W =� ,�pp� wrm ares rado 11 N � QT W ig i1-150 LU Lu _ W I i e �AA, R i* m, ..ecuew CL �p ii X Ep yrp 1 ' Yf •m WC h :Rp@ I(i n m 6 O ° I mtt, 4W Cw En Z _LUbl _ M/a 31VAl8d os a M/a lural lVM 83ddVH $ '' om --------------- --- - R I i____'ltaT-isawwi Q ■ • O O _ -----------------lava nrds_ ______u____ B-1SD sn 'se 'zt•Ir eao � m 030/1°y i�iON r3.r FR 9C 'a Ti 9'd '0d enosmm H00 '�e g NO Ow n 5p t 10 K Z10"1 f j � R ^ k 7 JX IF HUN Mobb�33SEsaSaasaaa6��a�F RI m�N�s 9i� Zi m�SmdW113Q¢rc m�xunn'nnnx�nn¢ ¢� WWo�0�� •',d2� __—__�JJJzz O�n¢ unn¢¢¢¢ N&��35 yWW � ppcc V d E L f0 Q Indian River County, Florida * * MEMORANDUM 104` File ID: 25-0465 Type: Consent Staff Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Patrick J. Murphy, Chief of Long Range Planning DATE: April 8, 2025 SUBJECT: VB 40 Development Group, LLC's Request for Final Plat Approval for a subdivision called Riviera Lake BACKGROUND 9k Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 The Riviera Lake final plat consists of 44 single-family lots on 17.83 acres, resulting in a density of 2.47 units per acre. The site is located on the east side of 27' Avenue, approximately 350' south of 4t' Street, and is zoned RS -6, Residential Single -Family (up to 6 units/acre). On January 30, 2017, the Planning & Zoning Commission (PZC) granted preliminary plat approval for a 44 -lot single-family residential "conventional subdivision" to be called Riviera Lake. The county's Public Works Department issued a Land Development Permit (LDP) approval on December 17, 2021, and construction began shortly afterward. ANALYSIS As of this time, the developer has constructed 82.77% of the required project improvements. The applicant has coordinated with staff to provide the following: 1. A final plat in conformance with the approved preliminary plat (see attachment 2); 2. An approved Engineer's Certified Cost Estimate for the remaining required improvements; and 3. An executed Contract for Construction with a cash bond for 125% of the cost of construction for the remaining required improvements. Most, but not all, of the required project improvements have been completed. As provided for under the County Land Development Regulations applicable to this final plat application, the applicant will be "bonding -out" the remaining 17.23% of required project improvements (drainage, landscaping, roadways, utilities). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. Indian River County, Florida Page 1 of 2 Printed on 4/17/2025 powered by Legistar* 112 The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The County Attorney's Office has received a wire transfer to be placed in escrow in the amount of $472,361.92 to guarantee construction of the remaining improvements. BUDGETARYIMPACT N/A PREVIOUS BOARD ACTIONS N/A POTENTIAL FUTURE BOARD ACTIONS N/A STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff recommends that the BCC grant final plat approval for the Riviera Lake subdivision. ATTACHMENTS 1. Location Map 2. 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M,9l, 11005 ,LC'ZL "1 AVL ,00'01 ,00'OL 11[ M.9l,IL00S g-2 .00'OL LS L91 jl W m"' 8I �II1 m zY F173�{IO� Y s mY I5�: �• 8 Q I O'OOl '� s �N� 6 ZCZ9 — i �0'0C — M01- .0O2 6047- W CSC .9CYBZ M ,941LOU 9 As - —�\ J �� eO - - 60'OZI .9C"IBZ 21 gal— .� OB _ -91.1LOO _ 4090. _ J 91 Z9_ 3,60,CL0.[L OON m e7 'N'N 3,Zf.DZ. M 16 'MOZI � viii „UI O M/a ^.� 3.fi0.fLWN €'A� bib aw Q �? m O( 60'0Zl 3.Zf, N { I L9 o QQ ^•00 � $ I I I .00 OR ,9S Yff .Oo'O9 ,91,11005 ,Of'LB I oz I 3,'0,f100N �i• VZI x y I m 4 6 IW � o I .00'Oil 3.50,CLOON 3.L[ ODL00N `� .0 ,601OZI 3.Zf,0 OON m I SL MA191 I,4Z oo y SLO ,60,f LOON ti � I oaazl r z 12M ti-WHW Eq g g g g A R0� g J" 9 9 9 9 23 s?asasaog-nNosn U �Fle g-2 12M ti-WHW Indian River County, Florida MEMORANDUM File ID: 25-0466 Type: Consent Staff Report TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Patrick J. Murphy, Chief of Long Range Planning DATE: April 8, 2025 In Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 SUBJECT: Pulte Home Company, LLC's Request for Final Plat Approval for Harbor Isle Phase 2 [SD -20-11-04 / 99070005-96349] BACKGROUND Masteller, Moler & Taylor, Inc., on behalf of Pulte Home Company, LLC, is requesting final plat approval for the second/final phase of a residential development project to be known as Harbor Isle. The project site is located south of SR 510 and east of U.S. Highway 1 (see attachment 1). The subject site is zoned RM -6, Residential Multiple -Family (up to 6 units per acre) and OCR, Office, Commercial, Residential District (up to 6 units per acre). The property has M-1, Medium -Density Residential -1 (up to 8 units per acre); C/I, Commercial/Industrial; and C-2, Conservation -2 (up to 1 unit per 40 acres) future land use designations, respectively. The density for Phase 2 of Harbor Isle is 4.88 units per acre (180 single-family lots on 36.88 acres). Harbor Isle, overall, is a 270 -unit "plat -over" site plan project consisting of detached single-family units, whereby an individual lot will be established over each residential unit. Thus, each unit will be conveyed to a future owner on a fee -simple lot. On October 28, 2021, the Planning & Zoning Commission (PZC) granted major site plan and preliminary plat approval for Harbor Isle to develop upon 101.26 acres, at an overall density of 2.67 units per acre. Phase I of this project consists of 90 detached single-family units and was granted final plat approval by the BCC on January 9, 2024. The remaining 180 single-family lots are shown on the attached final plat layout. As of this time, the developer has constructed almost all the required project improvements, including all life -safety items, and a temporary suspension of compliance for certificate of completion was issued by the County Administrator on March 31, 2025. The conditions of the temporary certificate of completion are as follows: 1. Install SR 510 final lift of asphalt pavement, permanent striping (Thermoplastic), and signage for the turn lanes into the project from SR 510; 2. Post the final lift, striping, and signage bond covering a minimum of 125% of the costs of the on-site roadway improvements; and Indian River County, Florida Page 1 of 2 Printed on 4/16/2025 powered by Legistar11 119 3. Execute the warranty and maintenance bond covering a minimum of 25% of the cost of construction of the on-site roadway and drainage improvements. ANALYSIS Most, but not all, of the required project improvements have been completed. As provided for under the LDR's applicable to this final plat application, the applicant must either post a performance bond for up to a maximum of 25% of the remaining project improvements (drainage, landscaping, roadways, utilities), or obtain a certificate of completion for all project improvements. Per Section 913.10 of the county's land development regulations (LDRs), the developer submitted a request for temporary suspension of compliance for certificate of completion on March 21, 2025. The Planning & Development Services and Public Works Departments reviewed the request, and the Public Works Director issued a conditional approval to address the remaining items. All improvements within Harbor Isle Phase 2 will be private, except for certain utility facilities. Those utility facilities will be dedicated and guaranteed to Indian River County, as required by the Utility Services Department. BUDGETARY IMPACT N/A PREVIOUS BOARD ACTIONS N/A POTENTIAL FUTURE BOARD ACTIONS N/A STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff recommend that the Board of County Commissioners grant final plat approval for Harbor Isle Phase 2. ATTACHMENTS 1. Location Map 2. Final Plat Layout Indian River County, Florida Page 2 of 2 Printed on 4/16/2025 powered by LegistarT" 120 N T E i r C NNC C L Amp f6 _ a N N Z t o a cn ChLm QUO O O VIOINV a } as IN o Off\ o F' NLn : •_ � � v 0Hat m a �E wO C.51 Lt,0D x 0 SO. en! SNS x w H18ti U) 0 o m ro m IEE0 0 nv H10g Z E V ax= p QMH a a 2A 00 U) Q € J =O 2o= �. O I LL ~ Z r- rX. p bbgLCL dbb 9 NOW Z bias wNWSY!i�8 s�« S O_ 5. 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IIS y; .-'pgZ pgY .- yv ys ^ YY I O C p- I ygS p S S N ygS S N ygS ygS w� 4gY S N Y SNS S ^ 91391 I O NC2 C3 ma ao« km; m,r � ma — ma --m,r ms ma —aa N W ---------------------- I 2 I MATCHLINE (SEE SHEET 4) r a m 0 g a �o b 3 (n �e< miiod�eCr__s¢�JJJiiitliuniiaaa$aneuu�an¢¢'a�i N Indian River County, Florida MEMORANDUM qM Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov File ID: 25-0457 Type: Consent Staff Report Meeting Date: 4/22/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Addie Javed, P.E., Public Works Director Adam Heltemes, P.E., Roadway Production Manager Richard Reichenbach, P.E., Project Engineer FROM: Jill Williams, Contract Support Specialist DATE: April 4, 2025 SUBJECT: Release of Retainage and Change Order No. 2 CR512 & N. Broadway Street Drainage Restoration (IRC -2006) BACKGROUND The drainage pipe and structures located within the C.R. 512 and N. Broadway Street right-of-way in the City of Fellsmere were constructed in the 1950's and require restoration due to age, debris, storm events, etc. The project includes surveying, dewatering, cleaning, and performing closed circuit television (CCTV) inspection of 8,834 linear feet of drainage pipe and associated drainage structures. Bid No. 2024026 was awarded to Southeast Services of the Treasure Coast, Inc. in the amount of $215,234.70 on May 21, 2024. Change Order No. 1 in the amount of $211,108.00 to perform repairs on defects discovered during the cleaning and video inspection of the pipes was approved on December 17, 2024, for a new contract total of $426,342.70. ANALYSIS Southeast Services of the Treasure Coast, Inc. has completed the work and has been paid $382,342.98 to date with $20,123.32 held in retainage. Southeast Services of the Treasure Coast, Inc. has submitted Contractor's Application for Payment No. 2006-11 for release of retainage in the amount of $20,123.32. Change Order No. 2 is to make final adjustments to contract bid items for a decrease to the total contract by $23,876.40 resulting in a final contract price of $402,466.30. BUDGETARY IMPACT Funding is available for release of retainage in the amount of $20,123.32 from the following account: Account Description: Optional Sales Tax/CR512 & N Broadway/Retainage - Southeast Services of the Treasure Coast, Inc. Account Number: 315-206000-24002 Amount: $20,123.32 Indian River County, Florida Page 1 of 2 Printed on 4/16/2025 powered by LegistarT 129 PREVIOUS BOARD ACTIONS The Board of County Commissioners awarded the bid on May 21, 2024, and approved Change Order No. 1 on December 17, 2024. POTENTIAL FUTURE BOARD ACTIONS N/A STRATEGIC PLAN ALIGNMENT Infrastructure: Planning, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community. OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff recommends approval of Change Order No. 2 and payment of Contractor's Application of Payment No. 2006-11 to Southeast Services of the Treasure Coast, Inc. in the amount of $20,123.32 for release of retainage. ATTACHMENTS 1. Contractor's Application for Payment No. 2006-11 2. 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R a 8 m= m e x a N � x °fixxe°� OLL 6 N 9fi r.�goaY��a QN_Q C ;;�i5 $gx u 3 m e$ �gx'%SSLSS 2 � Y� Y a 7 F 8 E • L 5 o 0 i 0 0 u u 0 u 33 00 u O u u O u 80000000 u u u u u N N N 8 C 8 8 O WH 8 C S G 8 0 r FO O a ';Q z z O a 8 8 G 8 0 Q e 0 8 0 8 0 o 8 0 m OWC W & g 8 Z ui 8 i 8 88 O 0 O 0 s 0 0 8 S$ oo $ p ! R a 8 m= m e x a N OLL 6 N f a OC b QN_Q C g 1 u 3 8 7 F 8 o 0 i 8 e 8 o 8 e WH 8 0 8 0 8 0 8 0 O a ';Q z z O a ` G 3 Q e 0 0 o m OWC W & g 8 Z ui 8 i 8 8 O 0 z 0 8 8 S$ $ g$ R a 8 m= m e x a N OLL K f a OC b QN_Q C 5+,nJ � 4"', N N M WH Z O a ';Q z z O a ` G 3 Q e 0 0 o m OWC O Z ui i O N Z z Ln O Z W a 0 V C 8 m= a N OLL K f a OC b QN_Q C u 3 N N M SECTION 00942 - Change Order Form DATE OF ISSUANCE: 4/22/202 No. 2 EFFECTIVE DATER/22/2025 OWNER: Indian River County CONTRACTOR Southeast Services of the Treasure Coast, Inc. Project: CR512 & N. Broadway St. Drainage Restoration (Fellsmere) OWNER's Project No. IRC -2006 OWNER'S Bid No. 2024036 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items to finalize the contract. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $215,234.70 Net increase from previous Change Order No. 1 $211,108.00 Contract Price prior to this Change Order: $426,342.70 Net decrease of this Change Order: $(23,876.38) Contract Price with all approved Change Orders: $402,466.32 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Final Completion: 180 Net change from previous Change Order No. 1 (days) Final Completion: 44 Contract Time prior to this Change Order: (days) Final Completion: 224 Net increase (decrease) this Change Order: (days) Final Completion: 0 Contract Time with all approved Change Orders: (days Final Completion: 1 224 RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: IRC -2006 SES CO2 20250422 00942-1 FAPublic Works\ENGINEERING DIVISION PROJECTS0006 CR512 Drainage Restoration (Fellsmere)\1-Admin\Agenda Items\Project Closeout\IRC- 2006_SES_CO2_20250422.doc Rev. 05/01 133 CHANGE ORDER NO. 2 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: CR512 and N. Broadway St. Drainage Restoration (Fellsmere) PROJECT NO. IRC -2006 BID NO. 2024036 Item No. Description Unit Qarvtity Unit Price Price Increase Price Decrease WCD-1 REIMBURSEMENT FOR ADDITIONAL CLEANING NECESSARY FOR 36" AND 66" PIPES LS 1 88 340.00 88 340.00 WCD-2 RAISE MANHOLE #19 TO GRADE LS 1 1,850.00 1,850.00 104-2 PREVENTION, CONTROL & ABATEMENT OF EROSION AND WATER POLLUTION LS 1 500.00 500.00 C01 - 31 RAISE MANHOLE #15 TO ASPHALT GRADE 1/2 DA LS 0.244898 2,450.00 600.00 REVISION LINE ITEMS 430-1 TO 430-4 LS 1 12,966.40 12,966.40 344 -FA FORCE ACCOUNT LS 1 100 000.00 100 000.00 SUBTOTALS 90,190.00 114,066.40 CR512 and N. Broadway St. Drainage Restoration (Fellsmere) TOTAL $ (23,876.40 134 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\2006 CR512 Drainage Restoration (Fellsmere)\1-Admin\Agenda Items\Project Closeout\IRC-2006_SES_CO2_20250422 excel Indian River County, Florida * * MEMORANDUM �IOA Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov File ID: 25-0458 Type: Consent Staff Report Meeting Date: 4/22/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Addie Javed, P.E., Public Works Director Joseph DeFronzo, P.E., County Engineer Adam Heltemes, P.E. Roadway Production Manager FROM: Jill Williams, Contract Support Specialist DATE: March 27, 2025 SUBJECT: Confirmation of Financial Participation in Florida Department of Transportation (FDOT) CR510 Remediation Effort/FM 4056063 BACKGROUND Indian River County has acquired several properties along CR510 from west of 82nd Avenue to 58'b Avenue for the Florida Department of Transportation's (FDOT) widening improvements project, FM No. 4056063. ANALYSIS The FDOT has requested a letter of confirmation of Indian River County's commitment for financial participation for remediation of properties acquired by the County that are being used to construct the segment of CR510 from west of 82nd Avenue to 58' Avenue. BUDGETARY IMPACT Remediation of County ROW acquisition is budgeted in the amount of $1,000,000 in the Capital Improvements Element 2024/2025. Funding is budgeted and available in the Traffic Impact Fees 2020/District 1 Roads/Construction In Progress/CR510 & CR512 to USI - Four Lanes, account number 10415141-066510- 25032. Account Description: Traffic Impact Fees/District 1 Roads/Construction in Progress/CR510 & CR512 to US 1 - Four Lanes Account Number: 10415141-066510-25032 Amount: $1,000,000 PREVIOUS BOARD ACTIONS All ROW acquired by the County in the segment of CR510 from west of 82nd Avenue to 58"' Avenue were approved by the Board of County Commissioners. Indian River County, Florida Page 1 of 2 Printed on 4/17/2025 powered by Legistarn 135 POTENTIAL FUTURE BOARD ACTIONS The Board of County Commissioners will be asked to approve the FDOT Locally Funded Agreement (LFA) and resolution and authorize the chairman to execute both. STRATEGIC PLAN ALIGNMENT This action aligns with the County's Infrastructure Strategic Plan - planning, managing and maintaining critical public infrastructure in response to our current needs, future demands and the expectations of our community. OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the letter of confirmation to the FDOT for Indian River County's commitment for financial participation for the remediation of properties the County acquired along CR510 from west of 82nd Avenue to 581 Avenue and authorize the Chairman to execute the same. ATTACHMENTS 1. Letter of Confirmation to FDOT Indian River County, Florida Page 2 of 2 Printed on 4/17/2025 powered by LegistarT 136 BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher Chairman District 2 Deryl Loar Vice -Chairman District 4 Apri122, 2025 Ms. Robin D. Brisebois, SR/WA Florida Department of Transportation District 4 Right ofWayOffice 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 ER ORN Susan Adams District 1 Joseph H. Earman District 3 Laura Moss District 5 RE: Confirmation of Financial Participation in FDOTCR510 Remediation Effort - FM4056063 Dear Ms. Brisebois, Ihope this message finds you well. On behalfofhidian River County, Iwould like to formallyconfirm our willingness to participate financially in the remediation effort for the Florida Department of Transportation (FDOT) CR 510 project. We understand the importance of this initiative in improving transportation infrastructure and ensuring the safety and long-term sustainabilityofthe roadways in our community. We are committed to supporting the project and will allocate the necessary resources to contribute to the remediation efforts as outlined in the discussions and agreements to date. Indian River County recognizes the significant benefits this project will bring, not only in terms of enhancing transportation, but also in fostering economic growth and improving the qualityof life for our residents. Please let us know the next steps in formalizing this arrangement or if further information or documentation is required from our end. We look forward to continuing our collaboration with FDOT and other stakeholders to ensure the success ful completion of the CR510 project. Thankyou for your attention, and we are eagerto move forward with this important project. Best regards, Joseph E. Flescher, Chairman Indian River County Board of County Commissioners 1801 27th Street, Building A Vero Beach, FL 32960 (772) 226-1490 137 Indian River County, Florida *OxlaA * MEMORANDUM File ID: 25-0431 Type: Consent Staff Report TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr, County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Sean C. Lieske, Director of Utility Services Howard G. Richards, PE, Manager - Capital Projects BY: Harrison Youngblood, PE, Utilities Engineer II DATE: March 20, 2025 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 SUBJECT: Award of Bid No. 2025024 for the West Regional Wastewater Treatment Facility (WWFT) Effluent Reject Improvements, [PID 23.23.539] BACKGROUND On behalf of the Indian River County Department of Utility Services (IRCDUS), an invitation to bid was issued for the construction of improvements to the effluent reject system at the West Regional Wastewater Treatment Facility (West WWTF). ANALYSIS The Procurement Division publicly advertised bid documents for the West WWTF Effluent Reject Improvements project (Bid No. 2025024) on February 2, 2025. A non -mandatory pre-bid meeting was hosted at the project site for prospective bidders on February 10, 2025. No prospective bidders attended this meeting. Bidder questions were due on February 26, 2025. On that same day, addendum 1 was issued by the Indian River County (IRC) Purchasing Department. On March 7, 2025, bids were publicly opened and read. A bid tabulation was prepared by the department's consultant, Kimley-Horn and Associates (KHA), that includes a summary of the total bid amounts for the five bids that were received. Bidder Location Total Bid Florida Design Drilling, LLC West Palm Beach $1,094,000.00 Globaltech, Inc. Boca Raton $1,094,199.00 Hinterland Group, Inc. Riviera Beach $1,285,800.00 Lawrence Lee Construction Stuart $1,257,000.00 Razorback, LLC Tarpon Springs $1,448,000.00 Indian River County, Florida Page 1 of 3 Printed on 4/17/2025 powered by LegistarT 138 KHA reviewed the bids for completeness with respect to the lowest bid amount, most responsive, and most responsible bidder. All bid packages were provided by IRC and reviewed by KHA. The summary of KHA's review are as follows: No math errors were found in the bids reviewed. The base bid values were competitive among the five bidders. The average of the five bids received was $1,236,000.00, which was 8% lower than the Engineer's Opinion of Probable Construction Costs (OPCC). Florida Design Drilling (FDD) is the lowest apparent bidder. Their bid package was complete and responsive. FDD's base bid value was 19% less than the Engineer's OPCC. Indian River County Department of Utility Services (IRCDUS) and the consultant, KHA, has experience working with FDD on a variety of construction projects. IRCDUS and KHA recently worked together with FDD on the IRC Well S -IR Drilling project, which finished ahead of schedule and under budget. KHA and FDD also currently have ongoing Surficial Aquifer well projects for the Palm Beach County Water Utilities Department and Ammonia System Improvements for the Village of Palm Springs. FDD has the qualifications and experience with projects of similar scope to complete the scope of work outlined in this contract. In summary, we see no reason IRC should not award Bid No. 2025024 to FDD. Based on the results of our review, FDD submitted the lowest responsive, responsible bid for the project. IRCDUS agrees that FDD is the lowest, responsive, responsible bidder and with KHA's recommendation of award to FDD. Staff propose an additional 15%, or $164,100.00, project reserves to cover potential scope variability (contingency for unforeseen circumstances) or owner -directed change (e.g., value engineering or design improvements) be approved by the Board of County Commissioners (BCC) for unforeseen work/expenses, which may become necessary to complete the project or adhere to Project objectives. The project reserves will be retained by IRCDUS staff for the sole purpose of covering such costs over and above the vendor's proposed cost. With the reserves, the total budget for the Project is $1,258,100.00. BUDGETARY IMPACT Expenses, in the amount of $1,258,100.00, for this project will be recorded in the Utilities/WIP/WWWTF Effluent Rejects System account, number 471-169000-23539. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Account Description Account Number Amount tihties/WIP/WWWTF Effluent Rejects System 71-169000-23539 $1,258,100.00 PREVIOUS BOARD ACTIONS None noted POTENTIAL FUTURE BOARD ACTIONS None noted STRATEGIC PLAN ALIGNMENT Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community; embracing innovation, technology, and resiliency. Indian River County, Florida Page 2 of 3 Printed on 4/17/2025 powered by L.egistar" 139 OTHER PLAN ALIGNMENT None noted STAFF RECOMMENDATION Staff recommends the Board of County Commissioners award Bid No. 2025024 to Florida Design Drilling LLC, approve the sample agreement, and authorize the Chairman to execute it after review and approval of the agreement and required Public Construction Bond as to form and legal sufficiency by the County Attorney, and after review and approval of the required insurance by the Risk Manager. Staff also request authorization to hold $164,100.00 in project reserves for unforeseen work/expenses for a total budget of $1,258,100.00. So long as there are no changes in the dollar amount under the agreement and/or budgetary impact, upon adequate completion of the work set forth in the agreement, staff is directed to make final payment and release any retainage to the contractor after review and approval by the Procurement Manager and the County Attorney's Office. ATTACHMENTS 1. Florida Design Drilling LLC, Sample Agreement. Indian River County, Florida Page 3 of 3 Printed on 4/17/2025 powered by Legistarn 140 SECTION 00520 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 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish all labor and materials necessary to construct the proposed effluent reject piping improvements, rib influent piping improvements, along with fittings, valves, appurtenances, electrical work and any other items as depicted in these documents to provide a complete and functional system at the West Regional Wastewater Treatment Facility. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: West Regional WWTF Effluent Reject Bid Number: 2025024 Project Address: 84058 1h Street, Vero Beach, FL 32966 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 240th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 270th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages Agreement - 00520 - 1 141 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 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER 750.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $750.00 for each calendar day that expires afterthe time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until substantial completion of all work to be performed by CONTRACTOR under the Contract Documents. B. For construction projects less than $10 million, at the time the OWNER is in receipt of the Certificate of Substantial Completion, the OWNER shall have 30 calendar Agreement - 00520 - 2 142 days to provide a list to the CONTRACTOR of items to be completed and the estimated cost to complete each item on the list. OWNER and CONTRACTOR agree that the CONTRACTOR'S itemized bid shall serve as the basis for determining the cost of each item on the list. For projects in excess of $10 million, OWNER shall have up to 45 calendar days following receipt of Certificate of Substantial Completion of the project to provide CONTRACTOR with said list. C. Payment of Retainage - Within 20 business days following the creation of the list, OWNER shall pay CONTRACTOR the remaining contract balance including all retainage previously withheld by OWNER except for an amount equal to 150% of the estimated cost to complete all of the items on the list. Upon completion of all items on the list, the CONTRACTOR may submit a payment request for the amount of the 150% retainage held by the OWNER. If a good faith dispute exists as to whether one or more of the items have been finished, the OWNER may continue to withhold the 150% of the total cost to complete such items. The OWNER shall provide CONTRACTOR written reasons for disputing completion of the list. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 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. 6.05 Acceptance of Final Payment as Release. 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 Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS Agreement - 00520 - 3 143 8.01 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 Bidding 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 carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. 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 F. 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. G. 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. H. 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. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. CONTRACTOR is registered with and will use the Department of un 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 an affidavit from all subcontractors, as required in Section Agreement - 00520 - 4 144 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 0052QM, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1 9. General Conditions (pages 00700-1 to 00700-38, inclusive); 10. Supplementary Conditions (pages 00800-1 to 0080 inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet M), and sheets numbered inclusive, with each sheet bearing the following general title: 13. Addenda (if applicable ); 14. CONTRACTOR'S BID (pages 00310-1 to 0031QM, inclusive); 15. Bid Bond (page 00430-1 16. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 17. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 18. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 19. List of Subcontractors (page 00458-1); Agreement - 00520 - 5 145 20. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 21. Anti -Human Trafficking Affidavit (page 00462-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract 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. 10.03 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. 10.04 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. 10.05 Venue A. This Contract 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 Contract 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. Agreement - 00520 - 6 146 10.06 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 the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONTRACTOR or keep and maintain public records required by the County to perform the service. If the CONTRACTOR transfers all public records to the County upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 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(&-indianriver. gov Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Agreement - 00520 - 7 147 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 day of 20 (the date the Contract is approved by the Indian River County Board of County Commissioners). OWNER: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name, title address phone email CONTRACTOR: COMPANY NAME By: Name: Title: (Corporate Seal) (If CONTRACTOR is a corporation or partnership, attach evidence of authority to sign) Attest: Name: Title: Designated Representative: Name: Title: Address: Phone: * * END OF SECTION * * Agreement - 00520 - 8 148 Indian River County, Florida * * MEMORANDUM File ID: 25-0432 Type: Consent Staff Report TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr, County Administrator THROUGH: Sean C. Lieske, Director of Utility Services Howard G. Richards, PE, Manager - Capital Projects FROM: Harrison Youngblood, PE, Utilities Engineer II DATE: March 19, 2025 9 p Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 SUBJECT: Final Pay to TLC Diversified, Inc. for Construction Services for Oslo Water Treatment PLC System Upgrades Part A [IRCDUS PID 12.19.536] BACKGROUND On August 17, 2021 the Indian River County (IRC) Board of County Commissioners (BCC) approved and executed an agreement between IRC and TLC Diversified, Inc. (TLC) to construct electrical and SCADA system improvements (Project) including, but not limited to, installation of a new high service pump PLC panel, hardware upgrades to existing main PLC panel, conduit, wiring, and other related items designed by the County's consultant, Kimley-Horn and Associates (KHA). ANALYSIS TLC has completed its obligations under the agreement, and has been paid $182,210.00 to date, leaving a balance of $9,590.00. Indian River County Department of Utility Services (IRCDUS) is satisfied and has accepted all deliverables from TLC for the Project. TLC has submitted the pay application number 3F for final payment in the amount of $9,590.00. Payment of application 3F will complete IRCDUS' obligation to TLC for the total amount of $191,800.00. BUDGETARY IMPACT Funds, in the amount of $9,590.00, for this project are derived from the Utilities/Retainage-TLC Diversified/WTP Scada System Updates account, number 471-206000-19536. Utilities operating funds are derived from water and sewer revenues. Account Description Account Number Amount Utilities/Retainage-TLC Diversified/WTP Scada System Updates 71-206000-19536 $9,590.00 PREVIOUS BOARD ACTIONS TLC Diversified Executed Agreement (BCC Approved August 17, 202 1) Indian River County, Florida Page 1 of 2 Printed on 4/16/2025 powered by Legistarl 149 POTENTIAL FUTURE BOARD ACTIONS None noted STRATEGIC PLAN ALIGNMENT Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community; embracing innovation, technology, and resiliency. OTHER PLAN ALIGNMENT None noted STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners approve the final pay application 3F to TLC Diversified, Inc., for a total of $9,590.00. ATTACHMENTS 1. TLC Oslo WTP SCADA Upgrades Final Pay Application 3F Indian River County, Florida Page 2 of 2 Printed on 4/16/2025 powered by Legistar" 150 • 1 ■ N J C) N MI z M LL � O C Z o o � U Q d O_ CD d Q a a O a Mn I I 0 0 .. C) 0 O m 0 Z 0 d U m U m C � 0 W 0 U 6 0 0 Q 0 6 d 00 e 413, ac O 0 10 to C d Ul U cn � C U Om, V 7 A = LU c,4 r V M . V U. � v cu N V r N W Gi (i Z w {0 ap to NLL tD a) O 0" it d O P U m O > ti Y N Z GNm a 0 04 Q 9 O O r U E Zc—> O c IJ-c~�arn Q m m U v u J CLIL 0 O Q I- a LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oo O< 6 0 0 0 0 6 m 00 e 413, ac 64D. 0 10 C d Ul U v Q � C �N A (n o r V N A v o 0 c 0 ci 'mo U N Z O W W o+ � N o F O Q H p N N N O O E m E C 41 � O M N n o m T 9 T c o N O< 'y K o U O 0 + m m a d N Q d � C N C d 10 C d Ul U v Q � C �N A (n o r V N A v o O ap u v 0cato o O P U m V 0 c a o v o ai r g wo�Na�Q c m�oEc n p� m m x v u 0 mt`OUTA U W a c U o -Fa -Fu m y Q R �L- 76 (O� UC O O O O d O N M Mc =@ .,. 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(a v M o _ J Q w !-om c C6 z o Dm cn m o Ll E w 0 0 m Kci G p` C7 a a Q , - u of m o w •m m w U) m u i 1 E E a :3 >oE 2 co -' , I w c �Qw w � V N J F J @ Q O � � L Q U � i N U Q � � v L `W r C ry O a p O z o w U) v a c ZD N O jQ c - �" t0 c J p .+c_+ w pa i :a a a Ez i M Y9 r r 47 1 t 3 f i 1 f le w � LLI_ M Q z in O F- � O n w O � � J y z x a H N J i� Oac� a K Z a - W Q O w w w IL a LL w N W O F— CO N �o m LL > O 2ww LU M a w W U OZ c 2 ' U z U) v Z d O LL G a = W V a v J LL CL U) a a a v o E z U O Q N d0.' a. w m U a w LL 0 O x 0 y O L 0 O N LU Z Q CONSENT OF SURETY COMPANY TO FINAL PAYMENT Owner ❑ Arctntert ❑ Contractor ❑ Suretv ❑ Other ❑ Bond No. 165429T PROJECT: South Oslo Road WTP SCADA System Improvements, Indian River County, Florida TO (Owner) ARCHITECT'S PROJECT NO; Bid No. 2021046 Indian River County, FL 1800 27th Street Vero Beach, Florida 32960 CONTRACT FOR: WTP SCADA System Improvements CONTRACTOR: TLC Diversified, Inc. 2719 17'h Street East Palmetto, FL 34221 CONTRACT DATE: 8/17/2021 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Westfield Insurance Company PO Box 5001 Westfield Center, OH 44251 SURETY COMPANY, on bond Of (here insert name and address of Contractor) TLC Diversified, Inc. 2719 17" Street East Palmetto, FL 34221 , CONTRACTOR, The Surety agrees that Pay Application #3F in the amount of $9,590.00 for the work through November 30, 2024 has been received and monies owed to the Suppliers have been paid. This shall not relieve the Surety Company of any of Its obligations to (here insert name and address of Owner) is i Indian River County, FL t 1800 27th Street ' Vero Beach, Florida 32960 OWN as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 27`h day of November, 2024. rance Company Surety Signature of Author#9 F Attest: as per attach Power of Attorney (Seal): Certificate & Seal Don Bramlage, Attorney -i Title Inquiries: 407-330- 0 L0 TMI AIA DOCUMENT • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • AP�10ON *AIA` Cil#.PA�`io► THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 M General POWER NO. 0994592 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company- and collectively as 'Companies,- duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appolnt DON BRAMLAGE, LAURA D. MOSHOLDER, EDWARD M. CLARK, JOINTLY OR SEVERALLY of SANFORD and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - • - - -- - - - - - - - - - - - - - - - • - - - - - - -- - - - - - - - - - - - - - - - - - • - - - - -- - • - -- LIMITATION: .LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, seated with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-fn-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -In -Fact shall be as binding upon the Company as It signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached.- (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 20th day of FEBRUARY A.D., 2020. _. Corporate +e',SURA ti,s �t0NAt',N,, •'`SSU WESTFIELD INSURANCE COMPANY Seals ,(oN,.......• ..CF •,� ��t ..• ' sG.; �S !j'• WESTFIELD NATIONAL INSURANCE COMPANY Affixed i�v .n. .,to r o: •,P : s`= • 9 �'er`'''- OHIO FARMERS INSURANCE COMPANY jq '� SERI. 9�' ate; 6NARTERfp':a� '{i -•.,y .9n �r� ti'r-. •'o �:�. 1848 State of Ohio " k"" By, ( 1 County of Medina ss.: Gary W. iStumper, National'Surety Leader and Senior Executive On this 20th day of FEBRUARY A.D., 2020 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name thereto by like order. Notarial ,,,.•... ww„ ����-�� sealPRi A L Affixed 1 State of Ohio 5N �+J0 David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: ';: q 41111111i�;%.• My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) T E OF O '+ I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 27th day of November A.D.• 2024 40. ....... ' , t••. NSG• ,� u C �' XXTT ~'kfwL t ¢; ` ': SERI _=g,NAflTERfp �3 �� ,� M i ro ? N . : rn _ o : ,• b /"°"�^ % �* .Q Secretary Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) Indian River County, Florida *ioA MEMORANDUM File ID: 25-0433 Type: Consent Staff Report TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr, County Administrator THROUGH: Sean C. Lieske, Director of Utility Services Howard G. Richards, PE, Manager - Capital Projects FROM: Harrison Youngblood, PE, Utilities Engineer II DATE: March 19, 2025 re Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 SUBJECT: Final Pay to TLC Diversified, Inc. for Construction Services for Oslo Water Treatment Plant (WTP) Improvements Project [PID 12.19.503] BACKGROUND On July 6, 2021 the Board of County Commissioners (BCC) approved the agreement to TLC Diversified, Inc. (TLC) to construct the improvements to the existing Oslo Water Treatment Plant (WTP) in Indian River County (IRC), including site preparation, demolition, drainage improvements, paving, grading, miscellaneous yard and process piping improvements, feedwater pump motor replacement, transfer pump motor replacement, four 1.875 million gallon per day (MGD) nanofiltration trains, two new high service pumps, chemical piping replacement, electrical equipment, instrumentation, valves, piping, WTP and wellfield programmable logic controller (PLC) & supervisory control and data acquisition (SCADA) system equipment, process piping trenches, painting and coatings; and all accessory items to provide a complete operating system as depicted in the contract documents provided by the county's consultant, Kimley-Horn and Associates (KHA). The project has been completed and is in the process of being closed out by the consultant. Upon receipt of the KHA's recommendation for final payment, the Indian River County Department of Utility Services (IRCDUS) would like to get authorization from the BCC to process payment in order to stay consistent with the Florida prompt pay act, and be able to disburse allocated funds to the contractor in a timely manner. ANALYSIS TLC has completed its obligations under the agreement, and has been paid $10,675,324.04 to date, leaving a balance of $933,574.62. IRCDUS is satisfied and has accepted all deliverables from TLC for the Project. TLC has submitted pay application number 30F for final payment in the amount of $933,574.62. Payment of application 30F will complete IRCDUS' obligation to TLC for the total amount of $11,608,898.66. BUDGETARYIMPACT Total expenses for the current pay application for this project, in the amount of $933,574.62, will be recorded in the following accounts: Utilities/WIP/S WTP Membrane & Retrofit account, number 471-169000-19503, in Indian River County, Florida Page 1 of 2 Printed on 4/17/2025 powered by Legistarn 157 amount of $371,715.46; Utilities/Retainage-TLC Diversified/S WTP Membrane & Retrofit account, number 471-206000-19503, in the amount of $233,731.18; and ARP Fund/Retainage-TLC Diversified/S WTP Membrane & Retrofit account, number 138-206000-19503, in the amount of $328,127.98. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Account Description Account Number Amount tilities/WIP/S WTP Membrane & Retrofit 71-169000-19503 $371,715.46 Utilities/Retainage-TLC Diversified/S WTP Membrane & Retrofit 71-206000-19503 233,731.18 ARP Fund/Retainage-TLC Diversified/S WTP Membrane & Retrofit 138-206000-19503 328,127.98 Total $933,574.62 PREVIOUS BOARD ACTIONS TLC Diversified Executed Agreement (BCC Approved July 6, 202 1) TLC Diversified Change Order 1 (BCC Approved August 28, 2022) TLC Diversified Change Order 2 (BCC Approved December 6, 2022) TLC Diversified Change Order 3 (BCC Approved May 2, 2023) TLC Diversified Change Order 4 (BCC Approved April 23, 2024) POTENTIAL FUTURE BOARD ACTIONS None noted. STRATEGIC PLAN ALIGNMENT Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community; embracing innovation, technology, and resiliency. OTHER PLAN ALIGNMENT None noted. STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners approve Indian River County Department of Utility Services to issue final payment for pay application 30F to TLC Diversified, Inc., for a total of $933,574.62 upon receipt of the recommendation of payment by the department's consultant for the project, Kimley-Horn and Associates. ATTACHMENTS 1. Draft Final Pay Application 30F w/o Consultant Recommendation. Indian River County, Florida Page 2 of 2 Printed on 4/17/2025 powered by Legistarl 158 ZI o N N O M z in In (O 00 O m N W 69 W ❑ tl • O M M V m CD Y Y w 0- z U U rNr W a 1p o U) N �M�000�o� W U N N y N III z LL a NO d Z Ur z z O MIZM m aD m tp �oWU LL M m W +Lr O w N C Z ❑ O ID V +O' v a C ` C c4 — O y rW. 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La `>>E>m-0(na a a p p �c m M 0)a) c a LL .� °a °a Z E m m Q m w Z Z Z m j J J m m N m J m m L N❑ N m U N a UJ (n 3 `o LL =H¢ a¢O¢C7J a a m e c m U U m Y n m-0rLm 3 o c 2'� m Z CD v o-❑❑ "v ro v o v o o m m m v m o 0 0= ° E 0°° m 5 m w° o 0 0 m m V: N N N V z 2 N M N N N LL ll (n N> N N F 2 U) J z C7 W¢ 2 2 W ll 2 2 2 2 C 2 LL N LU Z ¢ 90 a a A r W J U Q C� gZ- m o o � N w o Q a = w M Z S d — H O W J Cl) fA W N A O 00 Q C7 N Q w Z CL - W W O CQ L i Q W a LL im �W LL Oo W N Q = ~ Cl) 1' �L 0 W J M J 0 > > o w >0 Ix w a w Cl) N 0) 00 N Cl) v� o110" W = U U Z j O ` C _) J a a a a W a a y U J 0 _ o otl c 10 .G E d LL Z Cl) Z J O Q P a W U Q N � W 0 LL m F - W Z Q CONSENT OF ';,;tect o SURETY COMPANY Surety ' o TO FINAL PAYMENT Other o Bond No. 136406J PROJECT: South Oslo Road WTP Improvements, Indian River County, Florida TO (Owner) ARCHITECT'S PROJECT NO: Bid No. 2021026 Indian River County, FL 1800 27th Street Vero Beach, Florida 32960 CONTRACTOR: TLC Diversified, Inc. 271917"' Street East Palmetto, FL 34221 CONTRACT FOR: S NJF Membrane & Retrofit CONTRACT DATE: 7!6!2021 ti r In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Westfield Insurance Company PO Box 5001 Westfield Center, OH 44251 , SURETY COMPANY, On bond Of (here insert name and address of Contractor) TLC Diversified, Inc. 271917 1h Street East Palmetto, FL 34221 ,CONTRACTOR, The Surety agrees that Pay Application #30F in the amount of $933,574.62 for the work through January 31, 2025 has been received and monies owed to the Suppliers have been paid. This shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) Indian River County, FL 1800 27th Street Vero Beach, Florida 32960 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 1011 day of March, 2025. Westfield)gsurance Company it � a A3t sst�or attach 06W& of Attorney '� (Seal): �.��ertifiCet�8�5ea1 Surety Signature of Don Bramlage, Attorney -in -Fact & d Resident Agent �*; f •� 0* Title Inquiries: 407-330-3990 AIA DOCUMENT • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1970 EDITION • AIAONE PAGE 01974 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 I , OWNER, POWER NO. 0994592 00 l General Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company- and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint DON BRAMLAGE, LAURA D. MOSHOLDER, EDWARD M. CLARK, JOINTLY OR SEVERALLY of SANFORD and State of FL its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANT , OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate { seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: i -Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-m-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -fn -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as it signed by the President and sealed and attested by the Corporate Secretary.- -Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile I seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto ff d th 20th d f FEBRUARY An 2020 i. a ixe is ay ci Corporate �*,•aSy}f���,, ,,"`%(1Ntl r'' \MSUp�" WESTFIELD INSURANCE COMPANY Seals . •• • . ��F.• " ' '•'tiS'' _ wy WESTFIELD NATIONAL INSURANCE COMPANY affixed �v .ea. '• �► r a: '= �` iF '�i^�' OHIO FARMERS INSURANCE COMPANY t'roa '_ �: SEAL. "" :" �K�TFIPfp j �'�i'•.,�• rye i .•,.• . . m a . • ' a-„�"�",,,,,_ 184$ :!: f �. State of Ohio ”" By. 1 County of Medina ss.: Gary W. Stumper, National Surety Leader and Senior Executive On this 20th clay of FEBRUARY A.D., 2020 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn. i did depose and say, that he resides in Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals: that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name thereto by like order. j Notarial Seal o```� p \ A L Affixed CP•`' F': / / i O. •,�\qui/� j .9 t/� i State of Ohio tN oaf p David A. Kotnik, Attorney at Law, Notary Public j County of Medina ss.: ',: q �;My Commission Does Not Expire iSec. 147.03 Ohio Revised Code) 4 reofD �. I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect: and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are In full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 10th day of j March A.D., 2025 ����eNa+tOttaettir astt A t�'' �1%, ,,r•` ``.•` �\(?NFi /j��,. ,. s• ENSU .. ��� �D j.4—, 14, ; M SEAL SEAL :m �>,'•..;:�; ;3b: 184$ :! �.45 i'1 - ,• l o Frank A. Carrino, Secretary A tJ7 ; BPOAC2 (combined) {06-02} rfPr���hjtaae� tre4s'`�`i<`i i t Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 4, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Change Order to TLC Diversified, Inc., for the South County Reverse Osmosis Water Treatment Plant Membrane and Retrofit Project Background/Analysis: On June 15th, 2021, the Board of County Commissioners (BCC) awarded the bid to TLC Diversified (TLC) for the South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) Membrane and Retrofit Project. During the construction phase of this project, staff was made aware of deficiencies related to components of the treatment plant that were not originally part of the project. The components that are deficient are the switchgear and the raw water blend system. The County's Engineer of Record on the project, Kimley- Horn and Associates (KHA), recommended replacement of the deficient components to ensure they are updated along with the rest of the upgrades to the plant. The SCRO WTP receives utility power from Florida Power and Light (FPL) for operation. Incoming power enters through an existing 2,000 -Amp switchgear that is used to control, protect, and isolate electrical equipment. The motorized breakers in the switchgear have exhibited failures, and replacement is recommended by the County's Engineer of Record for the project. The SCRO WTP utilizes raw water blend to stabilize their finished water quality. The piping has had leaks before forcing Indian River County to weld "patches" in the piping to maintain operations. The blend filter recently failed forcing operations to bypass the vessel altogether. These components are past their useful life, and replacement has also been recommended by the County's Engineer of Record for the project. Funding: Funds in the amount of $483,463.83 for this project are derived from the Utilities/South WTP Membrane/South R/0 Membranes & Retrofit account, number 471-169000-19503, in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. Additionally, $6,000,000 in American Rescue Plan (ARP) funding will be utilized to fund a portion of the overall project. Those funds will be added as a reimbursement to the Utilities fund. Description I Account Number Amount Utilities/South WTP Membrane/South R/0 Membranes & Retrofit 1 471-169000-19503 $483,563.83 Page 1 of 2 F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\081622 BCC Agenda Items\TLC Change Order SWTP 178 Recommendation: Staff recommends that the Board of County Commissioners approve the change order in the amount of $483,563.83, leaving a revised total agreement with TLC Diversified, Inc., in the amount of $11,149,079.48, and authorize the Chairman to execute the change order on their behalf. Attachment: 1. Change Order 1— Switchgear and Raw Water Blend Assembly. Page 2 of 2 F:\Utilities\00_UTILITY- AGENDA TEMPLATE & GUI DELI NES\2022 Agenda Items\081622 BCC Agenda Items\TLC Change Order SWTP 179 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: November 21, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Richard Meckes, Utilities Operations Manager Subject: Change Order #2 to TLC Diversified, Inc., for the South Water Treatment Plant (S WTP) Membrane and Retrofit Project Background/Analysis: On June 15, 2021, the Board of County Commissioners (BCC) awarded the bid to TLC Diversified (TLC) for the South Water Treatment Plant (SWTP) Membrane and Retrofit Project. During the construction phase of this project, staff was made aware of deficiencies related to components of the treatment plant that were not originally part of the project. The components that are deficient are three (3) malfunctioning 14 -inch valves and a leaking 18 inch transfer pipe. The County's Engineer of Record on the project, Kimley-Horn and Associates (KHA), recommended replacement of the deficient components to ensure they are updated along with the rest of the upgrades to the plant. To accomplish the replacement of the three (3) malfunctioning 14 -inch valves that are beyond their useful life, and to make the emergency repair the leaking 18 -inch transfer pipe the contractor will install two (2) line stops that will be required on the existing high service pump suction line. The line stops on the 14 -inch line and the 30 -inch high service pump suction line are required to ensure that the S WTP can remain in service during the construction and replacement of the malfunctioning 14 -inch valves. The removal of buried concrete vault that is in conflict with the 30 -inch line will also take place. Funding: Funds in the amount of $147,078.60 are required for this change order and the expense will be reflected in the Utilities/WIP/South WTP Membrane and Retrofit account number 471-169000-19503. Since this is an operating fund capital project, the funds for the change order will come from fund balance. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Utilities/WIP/South WTP Membrane & Retrofit 471-169000-19503 $147,078.60 Recommendation: Staff recommends that the Board of County Commissioners approve the change order in the amount of $147,078.60, leaving a revised total agreement with TLC Diversified, Inc., in the amount of $11,296,158.08 and authorize the Chairman to execute the change order on their behalf. Page 1 of 2 F:\UtiIities\00_UTILITY- AGENDA TEMPLATE & GUIDELI NES\2022 Agenda Items\081622 BCC Agenda Items\TLC Change Order SWTP 180 Attachment: 1. Change Order 2 — Replacement of three (3) 14 -inch valves, 14 inch and 30 -inch line stops, emergency repair of the 18 -inch transfer piping and removal of buried concrete vault. Page 2 of 2 F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\081622 BCC Agenda Items\TLC Change Order SWTP 181 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: April 5, 2023 To: John A. Titkanich, Jr., County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Change Order #3 to TLC Diversified, Inc., for the South County Water Treatment Plant Membrane and Retrofit Project. Background: On June 15, 2021, the Board of County Commissioners (BCC) awarded the bid to TLC Diversified (TLC) for the South Water Treatment Plant (SWTP) Membrane and Retrofit Project in the amount of $10,665,515.65. On August 16, 2022, Change Order No. 1 was executed for $483,563.83, bringing the project total to $11,149,079.48. On December 6, 2022, Change Order No. 2 was executed for $150,020.17, bringing the project total to $11,299,099.65. During the construction phase of this project, deficiencies related to components of the treatment plant that were not originally part of the project were discovered. The components related to this change order that are deficient are summarized as follows: the feed pumps and feed pump bases, transfer pump motor, insufficient electrical circuits for the updated lab, and conduits related to chemical storage and electrical fiber. The County's Engineer of Record on the project, Kimley-Horn and Associates (KHA), recommended replacement of the deficient components to ensure they are updated along with the rest of the upgrades to the plant. Analysis: The SWTP distributes potable water to our county customers through a series of pumps and valves that ensure adequate pressure is maintained. The feed water pumps provide the membranes with adequately pressured water to ensure the treatment process is economically performed, while the suction valves eliminate cavitation while allowing for isolation of pumps in order to perform maintenance operations. Due to these pumps and valves being at the end of their useful life and new treatment membranes being installed during this project, it is imperative that the pumps and suction valves be replaced to keep and maintain the most economical treatment possible while also ensuring the new treatment membranes are not damaged by cavitation caused by inadequate valves or pumps. The transfer pump and motor are also a crucial part of the treatment/distribution process of the plant. The transfer motor and pump has been recently causing issues in this process and needs replacement. It was found that the motor exhibited signs of failure in the near future and has been deemed insufficient for the requirements and needs of the SWTP. Page 1 of 2 F:\Uti1ities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 Agenda Items\050223 BCC Agenda Items\TLC Diversified Change Order #3 182 During the construction of the updated lab, it was found that the electrical circuitry contained in the record drawings for the old lab was not accurate and would be insufficient for what was required for the lab update. In order for the lab to function as it has been designed, there would be a need for additional circuits to be added to allow for the proper allocation of electricity to the newly configured lab. After investigation was performed into the conduit routing for the fiber feed to the wells, it was found to be broken, missing, and/or inadequate. The same was also found during the investigation into the chemical storage conduits. In order for the plant to receive information from the data collectors at the well sites, and for the chemical storage to be properly fed and blended, these conduits need to be replaced or installed. Funding: Funds in the amount of $387,037.72 for this project are derived from the Utilities/South WTP Membrane/South R/0 Membranes & Retrofit account, number 471-169000-19503, in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Utilities/South WTP Membrane/South R/O Membranes & Retrofit 1 471-169000-19503 $387,037.72 Recommendation: Staff recommends that the Board of County Commissioners approve the change order in the amount of $387,037.72, leaving a revised total agreement with TLC Diversified, Inc., in the amount of $11,686,137.37, and authorize the Chairman to execute the change order on their behalf. Attachment: 1. Change Order 3 to TLC Diversified, Inc. Page 2 of 2 F:\1Jti1ities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 Agenda Items\050223 BCC Agenda Items\TLC Diversified Change Order #3 183 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: March 27, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager—Capital Projects Prepared by: Harrison Youngblood, PE, Utilities Engineer Subject: TLC Diversified, Inc. Change Order 4 and Kimley-Horn and Associates, Inc. Work Order 6 Amendment 2 for Oslo Water Treatment Plant Improvements Descriptions and Conditions: The Indian River County Department of Utility Services (IRCDUS) operates two water treatment plants (WTP), Hobart WTP and Oslo WTP, to provide potable water service to its customers. Both plants have a combined capacity of 25.7 million gallons per day (MGD) and an average daily flow of approximately 12 MGD. The treatment facilities obtain raw water from the upper Floridan aquifer and treat it with nanofiltration. Pretreatment for the membranes includes addition of sulfuric acid and a scale inhibitor. The permeate from the nanofiltration process is blended with raw water and the blended water has chlorine added for disinfection. In addition, fluoride is added for fluoridation and lime, carbon dioxide and sodium hydroxide are added for remineralization, pH and alkalinity control as well as calcium carbonate stability. An evaluation of the membrane system and associated equipment at the Oslo WTP determined they needed rehabilitation and replacement. The condition assessment evaluated the reliability of the existing mechanical equipment, including the membrane booster pumps; reverse osmosis (RO) trains; feedwater, permeate, and concentrate piping; pipe trenches; membrane skids; small piping systems; and high service pump distribution piping systems. On December 17, 2019, the Indian River County Board of County Commissioners (BCC) awarded Work Order (WO) 1 to Kimley-Horn and Associates (KHA), pursuant to Request for Qualification (RFQ) 2019070 for Professional Services for Water Plant and Water Resources Engineering Services awarded November 5, 2019, to provide design, permitting, and bidding phase services for the Oslo WTP Improvements project, in the amount of $568,249.00. Amendment 1 to Work Order 1 was issued on October 6, 2020, to address further items in the project, which increased WO 1 by $127,252.00. On June 15, 2021, the BCC approved WO 6 to KHAto provide professional services to oversee the construction phase of the project in the amount of $1,222,545.00. Amendment 1 to WO 6 was issued on November 7, 184 Consent Item 2023, to provide additional services and additional time to assist with project delivery caused by a time extension to the contractor (see below), which increased WO 6 by $263,133.00. On June 15, 2021, the BCC awarded Bid #2021026 to TLC Diversified, Inc. (TLC) for the construction of the Oslo WTP Improvements project for the amount of $10,665,515.65. The Notice to Proceed (NTP) was issued on August 4, 2021, setting the initial completion date to November 2, 2023. Subsequent to the award, approved Work Change Directive (WCD) 1, Change Order 1 (CO 1), CO 2, and CO 3 were issued to TLC that cumulatively added work items, and increased the contract value by $1,020,621.72. Due to delays in lead times for materials as well as an increase in scope through change orders, TLC was not forecasted to meet the November 2, 2023, final completion date. As such, IRCDUS approved WCD 2 to TLC on August 9, 2023, authorizing a time extension which extends the substantial completion date to March 15, 2024, and final completion date to May 17, 2024. Analysis: Based on the progress of construction post August 9, 2023, when the time extension was approved via WCD 2, it became evident that TLC was not going to meet the March 15, 2024 substantial completion nor the May 17, 2024 final completion dates. This was confirmed by TLC in a bi-weekly meeting on February 21, 2024. In said meeting, IRCDUS requested that TLC submit a formal request for a time extension. On March 1, 2024, IRCDUS issued the attached Notice of Intent (NOI) to Assess Liquidated Damages to TLC. TLC responded to IRCDUS's NOI on March 6, 2024 (see attached letter). The TLC response laid out the circumstances surrounding delays they encountered and provided a draft finishing schedule with key milestone dates to complete construction. IRCDUS staff, KHA, and TLC held meetings to review the draft finishing schedule and develop agreed upon options to minimize the additional time beyond the May 17, 2024 final completion date. The discussions include potential additional costs to IRCDUS for the time extension to which the TLC project manager proposed a deduction from the contract value to offset any cost increase to IRCDUS. As a result, TLC has submitted CO 4 (see attached) that includes 1) a second time extension of 77 days to yield a new final completion date of August 2, 2024 (1,094 days from NTP), and 2) a Change in Contract Price for line item 345 of the schedule of values, which totals $54,928.65 reduction. As noted above, granting TLC the second time extension request will result in additional costs to IRCDUS to retain KHA for continuation of construction phase services. Upon request by IRCDUS, KHA provided Amendment 2 to WO 6 for additional construction phase services through August 2, 2024, for the amount of $51,359.00. Amendment 2 to WO 6 includes coordination and progress meeting attendance, preparation of meeting minutes, construction observations, and inspector and engineer observations. The effect of deducting $54,928.65 from the TLC contract value and incurring the additional cost for KHA services, will result in a net savings of $3,569.65 in the overall cost of the Oslo Water Treatment Plant Improvements project. Funding: I A net reduction of expenses in the amount of $3,569.65 ($54,928.65 for the reduction in TLC contract value i !i I 1�5 j, Consent Item and $51,359.00 additional cost for KHA Amendment 2 to WO 6), for this project will be recorded in the Utilities/WIP/South R/0 Membranes & Retrofit account number 471-169000-19503. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/WIP/South R/0 Membranes & Retrofit 471-169000-19503 ($3,569.65) Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve Change Order 4 to TLC Diversified, Inc. for a 77 -day time extension and a $54,928.65 reduction in contract value, and, Amendment 2 to Work Order 6 with Kimley-Horn and Associates, Inc. in the amount of $51,359.00 for additional time for construction phase services, for the Oslo Water Treatment Plant Improvements project, and authorize the Department of Utility Services to execute the same. So long as there are no changes in the dollar amount of the respective contract and work order, upon adequate completion of the work set forth in the respective contract and work order, staff is directed to make final payments to TLC Diversified, Inc. and Kimley-Horn and Associates, Inc., after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: • IRCDUS NOI to Assess Liquidated Damages • TLC's Response to IRCDUS NOI • TLC Change Order 4 • KHA WO 6 Amendment 2 1 Indian River County, Florida * * MEMORANDUM �IO4' File ID: 25-0437 Type: Consent Staff Report TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr, County Administrator Sean C. Lieske, Director of Utility Services Jennifer Hyde, Purchasing Manager FROM: Howard G. Richards, PE, Manager - Capital Projects DATE: March 19, 2025 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 SUBJECT: Award of Bid No. 2025018 to Lawrence Lee Construction Services, Inc. for Phase 2 of Upper Floridan Aquifer SIR Well Head & Raw Water Main, IRCDUS Project ID 11.22.503 BACKGROUND Indian River County Department of Utility Services (IRCDUS) owns and operates the South County Wellfield comprising of seven (7) Upper Floridan Aquifer (UFA) source water wells that provide raw water to the Oslo Water Treatment Plant (WTP). Well no. S1 is being replaced with a new well, SIR, due to its collapse sometime in 2021 which was deemed unsalvageable. Construction of the SIR Project, referred to as Upper Floridan Aquifer SIR Well Head & Raw Water Main (IRCDUS Project ID 11.22.503), is being implemented in two (2) phases: Phase 1 is the drilling of the new well, and Phase 2 is construction of the wellhead and new raw water main (RWM) to Oslo WTP. On February 15, 2022, the Indian River County Board of County Commissioners (BCC) approved Work Order No.8 (WO 8) to Kimley-Horn and Associates, Inc. (KHA) pursuant to the Agreement for Professional Services for Water Plant and Water Resources Engineering Services (RFQ 2019070), dated November 5, 2019, to provide design, permitting, bid, and construction phase services for the S 1 R Project. On January 23, 2024, the BCC approved the award of Bid 2024024 to Florida Design Drilling, Inc. (FDD) for Phase 1 of the S 1 R Project. Phase 1 is now complete, and the project is transitioning to Phase 2. On October 8, 2024, KHA's WO 8 was amended to provide additional engineering services for bid and construction phase services, wildlife site survey, extended hydrogeologist work hours, and final project deliverables. ANALYSIS Upon completion of design for Phase 2 of the SIR Project, the Purchasing Division, on behalf of IRCDUS, advertised Invitation to Bid (ITB) 2025018 on December 1, 2024. A non -mandatory pre-bid meeting was held at the project site for prospective bidders on December 9, 2024. Three addenda were subsequently issued on Indian River County, Florida Page 1 of 3 Printed on 4/17/2025 powered by LegistarT" 187 December 20, 2024, December 31, 2024, and January 3, 2025. A second site visit opportunity was also scheduled for December 31, 2024, to encourage more bidders. Two (2) bids were received on January 23, 2025, which were publicly opened and read aloud. After initial reviews by Purchasing and IRCDUS staff for compliance with the bid submittal requirements, both bids were reviewed by KHA for completeness and accuracy relative to the bid plans and specifications with respect to the lowest, responsive, responsible bidder. Final bid results are as follows: 1. Lawrence Lee Construction Services, Inc. $2,317,000.00 2. Florida Design Drilling, LLC $2,357,000.00 Due to the potential for scope variability (i.e., known risks) or owner -directed changes (e.g., value engineering), staff propose an additional 10%, or $231,700.00, in project reserves to cover such additional expenses. These additional expenses may become necessary to complete the project (resolve issues) or meet departmental objectives (explore opportunities). The project reserve will be managed by IRCDUS' Capital Projects Manager for the sole purpose of covering such costs over and above the contractor's bid price. With the proposed project reserve included, the proposed budget for Phase 2 of the SIR Project is $2,548,700.00. A budget amount of $3,280,099.00 for this project is included in the proposed Fiscal Year 2024/2025 Potable Water and Sanitary Sewer Capital Improvements Sub -Elements (CIE) of the Indian River County 2030 Comprehensive Plan, yielding a potential budget savings of $731,399.00. BUDGETARYIMPACT Expenses, in the amount of $2,548,700.00, for this project will be recorded in the Utilities/WIP/South WTP Well S1 account, number 471-169000-22503. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Account Description Account Number mount tilities/WIP/South WTP Well S -1R 71-169000-22503 $2,548,700.00 PREVIOUS BOARD ACTIONS There are no previous Board actions for the specific request in this staff report (i.e., award of bid 2025018). POTENTIAL FUTURE BOARD ACTIONS Potential changes for scope variability (known risks) or owner directed changes (value engineering) where the cumulative cost exceeds 10% of the award amount. STRATEGIC PLAN ALIGNMENT Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community; embracing innovation, technology, and resiliency. OTHER PLAN ALIGNMENT None noted. STAFF RECOMMENDATION Staff recommends that the Indian River County Board of County Commissioners award Bid No. 2025018 to Lawrence Lee Construction Services, Inc. for Phase 2 of the Upper Floridan Aquifer SIR Well Head & Raw Water Main project for $2,317,000.00 and authorize the Chairman to execute the attached sample agreement Indian River County, Florida Page 2 of 3 Printed on 4/17/2025 powered by Legistar'T 188 after review and approval by the County Attorney as to form and legal sufficiency. Staff also request authorization to hold $231,700.00 in project reserves for potential changes due to scope variability or owner directed changes for a total budget of $2,548,700.00. So long as there are no increases to the budget dollar amount approved, upon adequate completion of the work, staff is directed to make final payment and release any retainage to Lawrence Lee Construction Services, Inc. ATTACHMENTS 1. Sample Agreement Indian River County, Florida Page 3 of 3 Printed on 4/17/2025 powered by Legistar" 189 SECTION 00520 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 Lawrence Lee Construction Services, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish all labor, equipment and materials necessary to construct one (1) Floridan Aquifer production well S-1 R for Indian River County Department of Utility Services (IRCDUS), South Water Treatment Plant (WTP), located in Indian River County, Florida. Scope of work includes wellhead assembly, well facility disinfection and restoration of well site, raw water main, electrical system, instrumentation and controls and all other support systems as described herein and as shown on the drawings. The Well drilling will be completed by others and is not included under this scope of work. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: UPPER FLORIDAN AQUIFER S1 R WELL HEAD & RAW WATER MAIN County Project Number: IRC -11.22.503B Bid Number: 2025018 Project Address: 1550 9th St SW, Vero Beach, FL 32962 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 330th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 365th calendar day after the date when the Contract Times commence to run. 3.03 Liquidated Damages Agreement - 00$20 - 1 190 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 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER 750.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $750.00 for each calendar day that expires after the time specified in paragraph 4.02 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 in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $2,317,000 Written Amount: Two million, three hundred seventeen thousand dollars ARTICLE 5 - PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until substantial completion of all work to be performed by CONTRACTOR under the Contract Documents. B. For construction projects less than $10 million, at the time the OWNER is in receipt of the Certificate of Substantial Completion, the OWNER shall have 30 calendar days to provide a list to the CONTRACTOR of items to be completed and the Agreement - 00520 - 2 191 estimated cost to complete each item on the list. OWNER and CONTRACTOR agree that the CONTRACTOR'S itemized bid shall serve as the basis for determining the cost of each item on the list. For projects in excess of $10 million, OWNER shall have up to 45 calendar days following receipt of Certificate of Substantial Completion of the project to provide CONTRACTOR with said list. C. Payment of Retainage - Within 20 business days following the creation of the list, OWNER shall pay CONTRACTOR the remaining contract balance including all retainage previously withheld by OWNER except for an amount equal to 150% of the estimated cost to complete all of the items on the list. Upon completion of all items on the list, the CONTRACTOR may submit a payment request for the amount of the 150% retainage held by the OWNER. If a good faith dispute exists as to whether one or more of the items have been finished, the OWNER may continue to withhold the 150% of the total cost to complete such items. The OWNER shall provide CONTRACTOR written reasons for disputing completion of the list. 5.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 5.04 Paragraphs 6.02 and 6.03 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. 5.05 Acceptance of Final Payment as Release. 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 Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. Agreement - 00520 - 3 192 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 Bidding 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 carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. 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 F. 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. G. 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. H. 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. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement - 00520 - 4 193 K. CONTRACTOR is registered with and will use the Department of un Security's E -Verify system (www.e-vedfy.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 an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-10, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1 9. General Conditions (pages 00700-1 to 00700-38, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-13, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet (0000), and sheets numbered 001 through 003, inclusive, with each sheet bearing the following general title: Insert Sheet Title; 13. Addenda 1, 2 and 3; 14. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 15. Bid Bond (page 00430-1); 16. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); Agreement - 00520 - 5 194 17. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 18. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 19. List of Subcontractors (page 00458-1); 20. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 21. Anti -Human Trafficking Affidavit (page 00462-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract 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 Agreement - 00520 - 6 195 and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Contract 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 Contract 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 the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONTRACTOR or keep and maintain public records required by the County to perform the service. If the CONTRACTOR transfers all public records to the County upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 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 Pubiicrecords(a-Dindianriver. gov Indian River County Office of the County Attorney 180127 th Street Agreement - 00520 - 7 196 Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 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 day of 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: By: Joseph E. Flescher, Chairman John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CONTRACTOR: Lawrence Lee Construction Services, Inc. M Attest (Contractor) (CORPORATE SEAL) By: Christopher Hicks, Assistant County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: License No. (Where applicable) Agent for service of process: Designated Representative: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * Agreement - 00520 - 8 197 Indian River County, Florida *•�xivA>« MEMORANDUM File ID: 25-0456 Type: Consent Staff Report TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, County Administrator Sean Lieske Director of Utility Services FROM: Richard E. Meckes, Assistant Director - Utility Services DATE: April 7, 2025 SUBJECT: 243.57 -Acre Cattle Lease Agreement 95 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 BACKGROUND On January 15, 2020, the County purchased 243.57 acres south of the West Regional Wastewater Treatment Facility (WRWWTF) identified as "Commander Grove" consisting of 203.81 acres located at 375 82nd Ave., Vero Beach, Florida and 39.76 acres located at 8250 1St Street SW, Vero Beach, Florida. Prior to the purchase by the County, the property was previously leased for a two-year term to Staski Enterprises for cattle grazing. The lease agreement was continued by the County on March 15, 2022, with the agreement being a three-year term, with two (2) one-year terms to run consecutively to the initial term. The expiration of that agreement occurred March 15, 2025. ANALYSIS Staski. Enterprises no longer have an interest in continuing the lease and has recommended Bailes Ranch II to be their successor as the Tenant of the 243 -acre former Commander Groves property. Staff have been in contact with Bailes Ranch II representatives and proposed the opportunity of entering into a new lease agreement for a five (5) year term with three (3) one-year extensions to run consecutively to the initial term. Bailes Ranch II agrees with the proposed terms and conditions of the Lease agreement. The purpose of the lease is solely for grazing livestock. Having a presence on the property discourages trespassers, allows the County to have a representative on site, and saves the county the cost of maintenance and upkeep on the property. Certificates of insurance shall be provided within 10 business days after the execution of the contract. There is a termination, with or without default provision, that allows either party to terminate with a 60 -day notice for any reason. BUDGETARY IMPACT There is no cost to the County for this lease, as it is a revenue source. The payments to the County amount to $5,490.07 per year, payable in full by April 22nd of each year. This amount will go into the Utilities/Misc/Rents & Royalties account, number 471038-362010. The annual payment amount was determined by using Indian River County Property Appraisers 2024 assessed annual property taxes. Indian River County, Florida Page 1 of 2 Printed on 4/16/2025 powered by LegistarT 198 Account Name Account Number mount tilities/Misc/Rents & Royalties 71038-362010 r5,490.07 PREVIOUS BOARD ACTIONS The current lease agreement was approved by the Board of County Commissioners on February 12, 2022. The Lease agreement was renewed by the County on March 15, 2022, with the agreement being a three-year term, with two (2) one-year terms to run consecutively to the initial term. The expiration of that agreement occurred March 15, 2025. POTENTIAL FUTURE BOARD ACTIONS Possible annual lease extensions beyond the initial five-year agreement STRATEGIC PLAN ALIGNMENT Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community; embracing innovation, technology, and resiliency. OTHER PLAN ALIGNMENT None Noted STAFF RECOMMENDATION Staff recommends that the Indian River County Board of County Commissioners authorize the Chair to execute the Amendment of the Cattle Lease Agreement with Bailes Ranch II, after final review and approval by the County Attorney's office. ATTACHMENTS 243.57 -Acre Cattle Lease Agreement Indian River County, Florida Page 2 of 2 Printed on 4/16/2025 powered by Legistarn, 199 243.57 -ACRE CATTLE LEASE AGREEMENT This Agricultural Lease Agreement, (hereinafter known as "Lease") is entered into this April 22, 2025, by and between Bailes Ranch II (Hereinafter known as "Tenant") whose address is 6325 21St Street SW, Vero Beach, FL. 32968 and Indian River County (Hereinafter known as "Landlord"), whose address is 1801 27th Street, Building A, Vero Beach, FL, 32960. WITNESSETH: That in consideration of the covenants and agreements hereinafter set forth, to bekept and performed by both parties, the improved pastureland real property (Hereinafter known as "Property"). The real Property more particularly described and identified as "Commander Grove" consisting of 203.81 acres located at 375 82nd Ave., Vero Beach, Florida. Indian River County and 39.76 acres located at 8250 1s' Street SW, Vero Beach, Florida. Indian River County. The total for the entire leased area is 243.57 acres Term and Terms of Lease: The term of this Lease shall be for a period of Five (5) years with the option of three (3) one-year extensions to run consecutively under the terms as set forth below; and commencing on the date mentioned above with the initial five (5) year term to end on April 22, 2030. The Landlord shall be provided two (2) keys and or Combo (within 7 days of lock change) to gate lock and provided ingress and egress to Landlord, agents, visitors and invitees to said Lease property at Landlords request. No subletting, sub leasing, and third -party leases will be accepted and terminate any and all agreements set forth in this Lease. The purpose of the Lease is solely for grazing livestock and Tenant shall at all times use reasonable standards of husbandry for grazing of livestock. Lease Payments: Tenant shall pay to Landlord the sum of $22.54 per acre per year based at 243.57 acres the sum of $5,490.07 to be paid within 30 days of said document date mentioned above. All subsequent years will be paid in full on April 22, of subsequent years of Lease term. Fencing and Land Maintenance: A substantial fence of at least five (5) strands of barbed wire shall be constructed around the portion of said Lease which will contain livestock. The tenant shall be responsible for purchasing, constructing and maintaining any and all fences and/or fencing necessary to contain livestock. If at any time any County right of ways, easement and/or any Department of Utility Services' right of way or easement comes into question, Tenant shall move fencing or provide ingress and egress to said County and/or Utility agents at Tenant's expense with no expense to Landlord. It is required that Property be mowed and or chopped yearly within total confines of perimeter fencing at tenant's expense. Dwellings: No homes/houses or storage barns will be included in this Lease. Tenants shall not be permitted to put any mobile home, dwelling or other structures for the purpose of occupancy of any means. 200 Nuisance: Shall not commit or permit any public or private nuisance or any other act or thing which would disturb the quiet enjoyment of any occupant of nearby property. Livestock Water Supply: Tenant shall have the right to dig water holes on Lease to the size appropriate to supply adequate water to herd, no water holes shall be of size or location as to violate any Water District and or County Codes, Rules or Regulations, any fines associated with violation of any Water District and or County Codes, Rules or Regulations shall be the responsibility of the Tenant. All flow wells (artesian wells) may be used by Tenant so as they are used in compliance with any and all Rules, Regulations and or Laws governing said wells. Tenant is responsible for any and all fines associated with use of these wells. Insurance: Upon execution of this contract, Tenant shall provide within (10) business days to Landlord and maintain at its own expense LIABILITY INSURANCE on an occurrence basis with limits of liability not less than Five Hundred Thousand ($500,000) dollars for bodily injury, personal liability or death to any one person, and One Million ($1,000,000) dollars for bodily injury, personal injury or death to more than one person. Such insurance shall provide for off -Property liability for animal trespass onto the lands of others. Any insurance procured by Tenant as herein required shall be issued in the name of Tenant with Landlord named as additional insured, by a company licensed to do business in the State of Florida, and shall contain endorsements that (a) such insurance may not be cancelled or amended with respect to Landlord without ten (10) business days written notice by registered mail to Landlord by the insurance company; (b) Tenant shall be solely responsible for payment of premiums; (c) in the event of payment of any loss covered by such policy, Landlord shall be paid first by the insurance company for its loss. A certificate for all such insurance shall be delivered to Landlord by Tenant within ten (10) business days of issuance of such policy by the insurance company. Land Tax Certification: Landlord shall be responsible for all Taxes, Tax filing and certification of Livestock Tax rate of said Property described above. Tenant shall provide Landlord with accounting of cattle operation in progress annually by <date> and maintain sufficient head of cattle to qualify for Livestock tax rate on said Property described above. Report shall be provided to the Department of Utility Services, Attn: Finance Manager. Tenant is not responsible for any Tax certifications, delinquent reporting of tax class, and or penalties levied against said Property described above unless Tenant does not provide adequate head of livestock to qualify for Livestock based tax rate for any year of Lease. Landlord shall at their discretion have the ability to terminate any and all Leases currently held by Tenant at that time unless Tenant reimburses Landlord for difference in Taxes for the Tax period in question on Lease in question. If Lease is terminated due to this breach of lease, Landlord will not reimburse Tenant for any per acre lease monies mentioned below in Termination with or without default paragraph. Termination with or without default: Abandonment or surrender of the Property or failure or refusal to pay when due any rent or any other sum required to be paid by the Tenant or to perform any covenant, term or condition of this Lease. This Lease may terminate in whole or in part upon the giving of sixty (60) -days' notice by Landlord to Tenant for any reason. Notice must be given in writing and is considered given either (a) when delivered in person to the person(s) named on Lease, or (b) five (5) days after deposit in the 201 United States mail in a sealed envelope or container, either certified or registered mail, return receipt required, postage and postal charge prepaid addressed to the name and person shown on said Lease. Tenant shall be reimbursed the prorated amount of said per acre lease dollar amount in conjunction with date of notification of termination of Lease property. In the event either party should breach any term, covenants, or conditions of this Lease, resulting in action, suit, or proceeding to enforce the terms hereof or to recover damages, then and in that event, the prevailing party shall be entitled to collect reasonable attorney's fees on both trial and appellate court levels. The terms and conditions of this Lease shall be governed by the laws of the State of Florida and venue for enforcement and/or interpretation thereof and or termination thereof shall be in Indian River County, Florida. No agreement or representation unless specifically stated herein shall be binding on the parties to this Lease. Relationship of Parties: Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, and neither the method of computation of rent nor any other provisions contained in the Lease nor any acts of the parties shall be deemed to create any relationship between Landlord and Tenant, other than the relationship of Landlord and Tenant. Severability. The invalidity or illegality of any provision of this Lease shall not affect the remainder of it which shall remain in full force and effect. No Liens. Tenants shall have no power or authority to permit liens to be placed upon the premises in connection with maintenance, alterations, and modifications or otherwise. The interest of the Landlord shall not be subject to liens for improvements made by the Tenant. Landlord shall not be liable for any work, labor, or material furnished to premises by or through Tenant or anyone claiming through Tenant. 202 IN WITNESSWHEREOF, the parties hereto have executed this Lease the day and year first above written. Signed in the presence of the following witnesses: sign: print name: sign: print name: ATTEST: Ryan L. Butler, Clerk of by: Circuit Court and Comptroller By: Bailes Ranch II TENANT Emory Bailes President INDIAN RIVER COUNTY, FLORIDA LANDLORD Joseph E. Flescher, Chairman Board of County Commissioners Deputy Clerk BCC approved: Approved as to form and legal sufficiency: By: Jennifer W. Shuler, County Attorney 203 Indian River County, Florida * * MEMORANDUM �IpA File ID: 25-0467 Type: Consent Staff Report TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr, County Administrator Sean C. Lieske, Director of Utility Services Howard G. Richards, PE, Capital Projects Manager FROM: Michael Loveday, Wastewater Superintendent DATE: April 1, 2025 �r Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 SUBJECT: Lawrence Lee Construction Services, Inc. Final Payment and Release of Retainage for Bid No. 2024003 Central Wastewater Treatment Facility Generator & ATS Replacement & Consolidation, IRCDUS Project ID 22.20.525 BACKGROUND Indian River County Department of Utility Services (IRCDUS) owns and operates the Central Regional Wastewater Treatment Facility (CRWWTF) which has a four (4) million gallons per day (MGD) annual average permitted capacity. The CRWWTF had two (2) standby generators for emergency backup power to maintain operations during primary power loss events. An evaluation of the existing generators conducted by Kimley- Horn and Associates Inc. (KHA) concluded that the generators had "reached the end of their useful life and replacement is necessary". Based on the KHA evaluation results and recommendations, IRCDUS undertook the CRWWTF Generator & Automatic Transfer Switch (ATS) Replacement & Consolidation project (IRCDUS Project ID 22.20.525). On November 8, 2022, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 56 to KHA, pursuant to the Continuing Consulting Engineering Services Agreement for Professional Services dated April 17, 2018, to prepare design documents, assist with bidding, and provide construction phase services. On September 26, 2023, the BCC approved the award of Bid 2024003 to Lawrence Lee Construction Services, Inc. for the replacement of the Main Electrical Building stand-by generator system, and the demolishing the Solids Handling Building stand-by generator system. The contract price was $2,190,000.00, which included an allowance of $150,000.00 for owner -directed changes. On November 9, 2023, Lawrence Lee Construction Services, Inc. was provided notice to proceed (NTP) that set the contract final completion date on March 3, 2025. On January 2, 2025, Work Change Directive No.I was approved to add Programmable Logic Controller (PLC) Ethernet communications improvements, demolition of equipment, and building improvements, utilizing $52,070.36 of owner allowance (i.e., no change in contract price). Indian River County, Florida Page 1 of 3 Printed on 4/17/2025 powered by Legistarl� 204 ANALYSIS IRCDUS staff is in receipt of a Certificate of Final Completion of Work (Form 00632), which was fully executed on April 7, 2025. Lawrence Lee Construction Services, Inc. has submitted Payment Application Number 10, which represents the final payment including retainage, for services rendered associated with bid 2024003. KHA, in their capacity as Owner's Representative for the project, has reviewed the payment application and recommends approval for payment. The net amount due is $124,145.36 after adjusting for $97,929.64 of unused owner allowance. BUDGETARYIMPACT Expenses, in the amount of $20,570.36, for this project will be recorded in the Utilities/WIP/CWWTF Generator Replacement account, number 471-169000-20525. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Expenses, in the amount of $103,575.00, for this project will be recorded in the Utilities/Retainage/Retainage- Lawrence Lee Construction account, number 471-206000-20525. Description Account Number Amount tilities/WIP/CWWTF Generator Replacement 71-169000-20525 $ 20,570.36 Utilities/Retainage/Retainage-Lawrence Lee Construction 71-206000-20525 $103,575.00 PREVIOUS BOARD ACTIONS On November 8, 2022, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 56 to KHA to prepare design documents, assist with bidding, and provide construction phase services. On September 26, 2023, the BCC approved the award of Bid 2024003 to Lawrence Lee Construction Services, Inc. to replace the Main Electrical Building stand-by generator system, and demolishing the Solids Handling Building stand-by generator system. POTENTIAL FUTURE BOARD ACTIONS None noted. STRATEGIC PLAN ALIGNMENT Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community; embracing innovation, technology, and resiliency. OTHER PLAN ALIGNMENT None noted. STAFF RECOMMENDATION Staff recommends the Indian River County Board of County Commissioners approve the Application and Certification for Payment No. 10, final payment and release of retainage, to Lawrence Lee Construction Services, Inc. in the amount of $124,145.36 for Bid No. 2024003 Central Regional Wastewater Treatment Facility Generator & Automatic Transfer Switch Replacement & Consolidation project, and authorize staff to issue payment for the same. ATTACHMENTS • Executed Agreement Indian River County, Florida Page 2 of 3 Printed on 4/17/2025 powered by Legistarl 205 Work Change Directive 1 Application & Certificate for Payment No. 10 Indian River County, Florida Page 3 of 3 Printed on 4/17/2025 powered by Legistar'' 206 SECTION 00520 Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1 -WORK... .......,.......«...». ....::.....:...•».»f,».,«••2 ARTICLE 2 - THE PROJECT ...... ., », ••....f,h....ro ARTICLE3 -ENGINEER ............ .,.... .,:.;..;:..,...,. «»....... ......... ..........r...,.�.» ARTICLE 4 - CONTRACT TIMES ......... ARTICLE 5 - CONTRACT PRICE....... .,.«..,.,., «...... ARTICLE 6 - PAYMENT PROCEDURES....... »«,.� . ;............ ARTICLE 7 - INDEMNIFICATION .........,. .•4...... f......... ...c..,...,. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS..—...,.,,,,.,, , ,,,;,; L. ARTICLE 9 - CONTRACT DOCUMENTS ............. •. ARTICLE 10 - MISCELLANEOUS...............;:,•,a.;.,....„ ».., .. ...., .,, j t � I [The Remainder of THIS Page WAS LEFT BLANK INTENTIONALLY] Z 1. Agreement (Public Works) REV 04-07-00520- 1 FAP=has1ng\8ids\2023-2024 FY (2024000)\2024003 Central WwrF Generator and AT5 Replacement\Agreement.doa 207 SECTION 00520 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 Lawrence Lee Construction Services Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed project consists of replacing the Main Electrical Building stand-by generator system and demolishing the Solids Handling Building stand-by generator system. The scope of work will include installation of temporary power systems, demolition of existing generator and fuel system equipment, installation of proposed generator and fuel system equipment, and site and structural improvements to accommodate the proposed demolition and construction work, as described herein and shown on the construction drawings and specifications. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Central (Gifford) WWTF Generator and ATS Replacement Bid Number: 2024003 Project Address: 3550 491h Street, Vero Beach FL 32967 ARTICLE 3 - ENGINEER 3.01 Kimley-Horn and Associates, Inc. is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 420th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 480th calendar day after the date when the Contract Times commence to run. Agreement (Public Works) REV 04-07 - 00520 - 2 F:\Purchasing\Bids\2023-2024 FY (2024000)\2024003 Central VJWTF Generator and ATS Replacement\Agreerrent.docx 208 4.03 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 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER 1148.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1148.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract.- Numerical ontract: Numerical Amount: $ 2,190,000.00 Written Amount: Two Million, One -Hundred Ninety Thousand Dollars ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis l of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until substantial completion Agreement (Public Works) REV 04-07 - 00520 - 3 F ,Purchasing\Bids\2023-2024 FY (2024000(\2024003 Central WWiF Generator and ATS Replacement\Agreement.docx 209 and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. B. For construction projects less than $10 million, at the time the Owner is in receipt of the Certificate of Substantial Completion, the Owner shall have 30 calendar days to provide a list to the Contractor of items to be completed and the estimated cost to complete each item on the list. Owner and Contractor agree that the Contractor's itemized bid shall serve as the basis for determining the cost of each item on the list. For projects in excess of $10 million, owner shall have up to 45 calendar days following receipt of Certificate of Substantial Completion of the project to provide contractor with said list. C. Within 20 business days following the creation of the list, Owner shall pay Contractor the remaining contract balance including all retainage previously withheld by Owner except for an amount equal to 150% of the estimated COst to complete all of the items on the list. Upon completion of all items on the list, the Contractor may submit a payment request for the amount of the 150% retainage held by the Owner. If a good faith dispute exists as to whether one or more of the items have been finished, the owner may continue to withhold the 150% of the total cost to complete such items. The owner shall provide Contractor written reasons for disputing completion of the list. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 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. 6.05 Acceptance of Final Payment as Release. 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 1 CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall rot release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION Agreement (Public Works) REV 04-07 - 00520 - 4 F\Purchasin9\8ids\2023-2024 FY (2024000)\2024003 Central WWiF Generator and ATS Replacement\Agreennent.docx 210 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 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 Bidding 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 carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. 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 F. 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. G. 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. H. 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, I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement (Public Works) REV 04-07 - 00520 - 5 F:\Purchasin9\Bids\2023-2024 FY (2024000)\2024003 Central W WTF Generator and ATS Replacement\Agreement.docx 211 K. 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 an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 00700-38, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive); 11. Technical Specifications — Bid Submittal Central (Gifford) Wastewater Treatment Facility (WWTF) Generator and ATS Replacement" prepared by Kimley-Horn and Associates, Inc., and dated May 2023. 12. Construction Plans for Central (Gifford) WWTF Generator and ATS Replacement prepared by Kimley-Horn and Associates, Inc. (Sheets G-1 through G-2, C-1, M-1 through M-6, D-1 through D-4, E-1 through E-13) 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, in ,' 16. Bid Bond (page 00430-1); 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); Agreement (Public Works) REV 04-07 - 00520 - 6 F:\Purchasing\8ids\2023-2024 FY (2024000)\2024003 Central WWTF Generator and AT5 Replacement\Agreerrent.docx 212 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 20. List of Subcontractors (page 00458-1)l- 21. 0458-1);21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract 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. 10.03 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. 10.04 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. 10.05 Venue A. This Contract 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 Contract shall Agreement (Public Works) REV 04-07 - 00520 - 7 F:\Purcha5in9\Bids\2023-2024 FV (2024000\2024003 Central WWiF Generator and ATS Replacement\Agreement.docx 213 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. 10.06 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 the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 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(&-indianriver.gov Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 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. Agreement (Public Works) REV 0407 - 00520 - 8 F:\Purchas1ng\8ids\2023-2024 FY (2024000(\2024003. Central ~F Generator and ATS Replacement\Agreement.d- 214 This Agreement will be effective on 26th day September of 2023 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY • """",", "tir+ Lawrence Lee const By. By. J H. Ea m Chair i C racto l i 0 John A. Titkanich, Jr., County Administratof APPROVED AS TO FORM AND LEGAL SUFE GIE Y: By: William K. DeBrimt, County Adtoffwy Ryan L. Butler, Clerk of Court and Comptroller Attest: Q/.L Deput Jerk (SEAL) Designated Representative: Howard Richards, P.E. Utilities Capital Projects Manager 1801 27th Street Vero Beach, Florida 32960 (772) 226-1821 hrichards@indianriver.gov (CORPORATEs�ALY , •�'� � Attest �'�►+a►,....+�"t"' i . Address for giving notices: ; 800 SE Lincoln Ave 1, Stuart FL 34994 License No. ccc-1525837 (Where applicable) Agent for service of process.- Designated rocess: Designated Representative: Name: Geoff=., L. Schmidt Title: President Address: 800 SE Lincoln Ave Stuart, FL 34994 Phone: 561-571-7715 Facsimile: (4f . CONTRACTOR is a corporation or a partnership, a#" evidence of authority to sign.) * * END OF SECTION * * Agreement (Public Works) REV 04-07 - 00520 - 9 F:\Purchasing\Bids\2023-2024 FY (2024000)\2024003 Centra l WWTF Generator and ATS Rep laun ent\Agreement.do" 215 Before you use this EJCDC document: How to Use This Document: 1. Read this License Agreement in its entirety. 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Information regarding the content of the attached EJCDC document and other EJCDC Design and Construction Related Documents may be obtained at ejcdc.org or from the following EJCDC sponsoring organizations: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www. nspe. org American Council of Engineering Companies 1015 15th Street N.W., Washington, D.C. 20005 (202)347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org 218 11-WIX Work Change Directive No. late of Issuance: 12/17/2024 Effective Date: 12/17/2024 Iwner: Indian River County Department of Utility Services Owner's Contract No.: 2024-003 ontractor: Lawrence Lee Construction Services, Inc. Contractor's Project No.: ngineer: Kimley-Horn and Associates, Inc. Engineer's Project No.: 044572075 roject: Gifford Generator and ATS Replacement Contract Name: Contractor is directed to proceed promptly with the following change(s): Description: This Work Change Directive is for a total of $52,070.36 and includes the following work: • Ethernet improvements between the main PLC and the new generator • Demolition of the blowers and equipment in the solids building • Installation of a ramp at the solids building leading to the new overhead door • Building permit fees paid by LLC • Masonry improvements with 12" CMU instead of the 8" CMU shown on the project plans • Change in the final completion date of the project from 3/3/25 to 3/23/25. Attachments: C.O.C.P 41 Ethernet and Building Mods Purpose for Work Change Directive: Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and Contract Time, is issued due to: [check one or both of the following] ❑Non -agreement on pricing of proposed change. ® Necessity to proceed for schedule or other Project reasons. Estimated Change in Contract Price and Contract Times (non-binding, preliminary): /Contract Price $ 0 Contract Time 20 days Basis of estimated change in Contract Price: ❑ Lump Sum ❑ Cost of the Work RECOMMENDED: By: _ �- Bert King, P.E. By: Engineer (Authorized Signature) Title: KHA Project Engineer Title: Date: 12/30/2024 Date: Approved by Funding Agency (if applicable) By: Title: [no change]. Change. ❑ Unit Price ® Other: n/a AUTHORIZED BY: Digitally signed by: pp H owa Howard G ichardPy' rd Owner (AuthorizeD� 1 HoQ �all Ri ard3J�Mail = IRCDUS Y* h aPindianrivTltlegovUSO= Rich Indian Iver CountyDate BOC OU = 235 Util' ' - General & rd s rnymeenng Date: 2025.01.02 d 121tE40 -05'00' RECEI ED: c or uthorized Signature) EJCDC C-940, Work Change Directive. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 r N O N N Ln +1 0 Z Ln a1 a1 N O N a1 C N O c0 \ U Q Ln N W \ M vLn a1 u N Q0 C to O cu \ U W m V, N M \ M N O u N U Q N N N — \ N a --I a1u N O L C U m aJ N \ E a1 U fa a1 C L O uQ 01 u Q a1 rn L CU to LJ V1 — CU 0 m v� (7 W L 0 o U c +, O 0 o 0 v o U . u O urCa a O W +' QJ O OA H Ln 0 = t`nn W Co lD ++ M D � O U 0 O Q N Ln O — c 0 a, 3 C Y Q L U '7— N O u Lnv C E C Q- r a1 � W Q Contact: Mr. Black: LAWRENCELEE Nick Black, P.E. Kimley-Horn E: Nick.Black@kimley-horn.com Date: 12/16/24 Re: Indian River County Utilities Central (Gifford) WWTF Generator and ATS Replacement Cost Proposal #01 In accordance with Article 12 of the Front End Documents, we have developed the following cost proposal in the amount of $ 52,070.36 for providing and installing: 1. An ethernet module with associated conduit and wire for the 2000A ATS as outlined email from Nick Black (Attached) 2. Extending the concrete sidewalk outside the solids building to provide a ramp into the building outlined in attachment. 3. Demolish the blowers, associated piping, and equipment pads located in the solids building. Concrete floor to be smoothed out where equipment pads are located. 4. Providing and installing 12" block for the main electrical and solids building in lieu of 8" block called out on the drawings. 5. Permitting fees have also been included in proposal. Only the items listed in the Proposal Summary are to be considered as included in our scope of work. No cost allowance has been made for items of work not contained in the Proposal Summary and are specifically excluded from this proposal. This Lump Sum proposal is valid for 7 calendar days. This cost proposal does not include work on the critical path. Once the Change Authorization is provided, we will incorporate the change into our schedule to determine the schedule impacts. At this time, we estimate (20) twenty calendar days are required to incorporate this change. Should you have any questions, please feel free to contact me 561-578-7027. Respectfully, Richard Stahl Project Manager Lawrence Lee Construction Services, Inc. Attachments: Cost Proposal Summary Permit fees Paragon Quote FDDA Quote Mark Chatham Masonry Quote Nick Black Email Revised Drawing 800 SE Lincoln Ave, Stuart, FL 34994 1561-578-7027.1 RSdOLawrenceLeeConstruction.com ! CGC4525897 ' . COST PROPOSAL SUMMARY: CO Template ATERIAL Description Quantity UKIt.Rate 1 Concrete 1 LS $ 2,000.00 $ 2. Rebar 1 LS - $ 500.00 $ 3 Concrete accessories 1 : IS $ 250.00 $ LS $ $ 5 LS $ $. ` Subtotal = $ Sales Tax (Indian Rher county) =1 7.0% $ Profit & Overhead (Article 12.01 -C -2-a) 15.0% $ Materials Total = $ Total 2,000:00 500A0 250.00 2,750.00 192.50 412.50 (Bonding & Insurance included with Allowance/Overall Contract Price) # Description Quantity Unit Rate Total 1: Additional Insurance 2. o+ 0.00 % __...... 0%f L+E+MS ( � ._....._i $._. 42,745.31 - 2Z COST PROPOSAL SUMMARY: CO Template Grand Total =1 $ 52,070.36 223 Archived: Monday, December 16, 2024 3:19:52 PM From: Black, Nick Sent: Mon, 2 Dec 2024 1722:50 +OOOOARC To: Richard Stahl Chloe Hill Cc: King,, Bertrand JREYESncwengus'Walter Donaldson 'Para Qnn' Subject: Change Order Request - Gifford Generator Sensitivity: Normal Richard, Please prepare a change order proposal for the Gifford project to do the following: 1. Ethernet communications from the ATS to the Main PLC (MCP) in the electrical room. Provide 1 -inch conduit and slack to reach the 2000a ATS ethernet communications port. Coordinate termination of the ethernet cable into the main PLC with IRC staff, Chris Carpenter. 2. Provide 1 -inch conduit with 14 #14 wires from the C-1 terminal panel inside the electrical room to the 2000kW generator's control panel. Terminate these signals for the following status/alarms from the generator control panel (Common Fault, Running, Low Coolant or High Temp, Low Fuel, Low Oil). Coordinate with Chris Carpenter termination of these #14 wires inside the C-1 terminal enclosure. Coordinate the termination of the genset signals with FDD generator technician Brian Daniel. Fire seal the wall penetration between the generator room and the electrical room. I have cc'd Paragon on this so they can get going on pricing. Please be sure to include any time extension request needed for the work. Thank you, Nick Black, P.E. Kimley-Horn 11920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 Direct: 561-421-19791 Mobile: 716-969-5479 224 M; C14 \k w § ■ �« . .. . § � .> .. !§r . w, . ... . . . . ,f 2G |§� Nip --- � H* §!* �f■i \]� •��` �`■| � . � \� q ®2; 2 y� �!�|■§ . M; C14 \k w § ■ . .. . .> .. .> . w, . ... . . . . ,f |§� --- � §§§ �f■i \]� •��` � � . � . : ■. \ B � ■k �®j,» � : . . M; C14 \k w § ■ Paragon Electric of Vero, Inc. (772) 569-8961 . Fax (772) 299-5167 9120 16t' Place • Vero Beach, Florida 32966 Quotation Date: 12/6/2024 To: Lawrence Lee Construction Attn: Richard Phone: 561 578 7715 FAX: Project: Gifford Central Plant — Added Ethernet and control wiring Provide and install electrical wiring to include: 1. Ethernet communications from the ATS to the Main PLC (MCP) in the electrical room. Provide 1 -inch conduit and slack to reach the 2000a ATS ethernet communications port. Coordinate termination of the ethernet cable into the main PLC with IRC staff, Chris Carpenter. 2. Provide 1 -inch conduit with 14 #14 wires from the C-1 terminal panel inside the electrical room to the 2000kW generator's control panel. Terminate these signals for the following status/alarms from the generator control panel (Common Fault, Running, Low Coolant or High Temp, Low Fuel, Low Oil). Coordinate with Chris Carpenter termination of these #14 wires inside the C-1 terminal enclosure. Coordinate the termination of the genset signals with FDD generator technician Brian Daniel. Fire seal the wall penetration between the generator room and the electrical room. Materials 2,009.00 Labor 5,040.00 Total Materials and Labor $ 7,049.00 Notes: Termination drawing to be provided by others Cat 6e will be installed and tested. 120624 LL i i 26 i STEWART & STEVENSON FDDA LLC Date: 12/3/2024 CHANGE ORDER Customer PO1 2320-01 ReV01 AUTHORIZATION FORM Change Order#: C01 Customer: ILawrence Lee Construction Services FDDA Project#: F95433 Contact: Richard Stahl Job Name: Indian River Co Central WWTP Phone#: (561) 578-7027 Josite Address: 3550 49th Street Email: rs@lawrenceleeconstruction.com Vero Beach FI 32967 Payment Terms: C.O.D. or credit approval pending QTY CHANGE ORDER SCOPE SUMMARY Price ($US) ATS2-70 ETHERNET PLUG-IN MODULE, FOR MODBUS TCP 1 COMMUNICATION AND INTERNET CONNECTION TO $2,825._00 WEBSUPERVISOR. C.O STATUS Customer Specifications & Drawings: Not Required Tax Exempt: No Subtotal $2,825.00 $169.50 Product Submittals/Shop Drawings: Not Required FL State Sales Tax: 6% Sales Tax Customer "Material Release": Not Required County Delivered:1 indian River 1.00% December 31, 2034 Surtax: $28.25 CHANGE ORDER AMOUNT TO BE ADDED TO ORIGINAL ORDER: $3,022.75 This change order authorization is an ADDITION of time and price to the original purchase agreement between customer and FDDA, is bound by the same ackowledged terms and conditions, and is effective on date signed. Accepted by: Print Name: Company Title: Signature: Date: 6-25-16 1 of 2 Form# EG -P-707.01-1 227 Mark Chatham Masonry Cell Phone 772-473-3670 Office 321-432-7444 Fax 321-241-4706 #CGC-050999 4495 Lake Washington Road Melbourne, FL 32934 chatham. masonryAmmail.com Office — ann@markchathammasonry.com Date: 12/02/2024 To: Lawrence Lee Construction Change Order Job Address: Water Treatment Plant 3550 49T" ST Vero Beach, FL Description of work: 12' CMU, 12" x 32" Tie -Beam Includes: Labor, Materials, & Pump Amount: $1,089.59 228 Indian River County Building Department * * Official Receipt '2oRtoA Trans Number Transaction Date Post Date Project Number Cashier 13161615 4/8/2024 12:07 PM 4/8/2024 2024-01-1200 Applicant Name: Applicant Business Name: Owner: RIVER COUNTY INDIAN Appl Stage/Status: Permit Issued Address: 3550 49TH ST, VERO BEACH, FL, 32967 Proj Name: BCALT - Commercial Alteration - Central (Gifford) Wastewater Treatment Facility Type: Building Commercial Alteration - BCALT Project Nbr: 2024-01-1200 Payor: LAWRENCE LEE CONSTRUCTION SERVICES INC Fee Information Fee Code Description GL Account Amount Waived 24270224 1st or 2nd Plan Review Rejection/Modification 441032-322030 $100.00 24362269 1st or 2nd Plan Review Rejection/Modification 441032-322030 $100.00 24362270 1st or 2nd Plan Review Rejection/Modification 441032-322030 $100.00 24295629 Fire Construction Plan Review 114034-342230 $3250.00 Total: 1 $3550.00 Payments Payment Type Account/Check Number Amount Online $3550.00 Memo: Total Cash $0.00 Total Non Cash $3550.00 Total Paid $3550.00 Printed: 4/17/2024 3:37 PM 229 VtR �� Indian River County Building Department Official Receipt �t-oxioA Trans Number Transaction Date Post Date Project Number Cashier 13187594 4/17/2024 12:43 PM 4/17/2024 2024-01-1200 Applicant Name: Applicant Business Name: Owner: RIVER COUNTY INDIAN App) Stage/Status: Pending (Under Review) Address: 3550 49TH ST, VERO BEACH, FL, 32967 Proj Name: BCALT - Commercial Alteration - Central (Gifford) Wastewater Treatment Facility Type: Building Commercial Alteration - BCALT Project Nbr: 2024-01-1200 Payor: N/A Fee Information Fee Code Description GL Account Amount Waived 24133120 BCAI Surcharge 441-208001 $84.51 24133121 Commercial Alteration 441032-322010 $5434.20 24133122 IDBPR Surcharge 441-208012 1 $56.34 24133123 Application Fee 441032-322010 1 $200.00 Total: 1 $5775.05 Payments 3ayment Type Account/Check Number Amount Dnline $5775.05 Memo: Total Cash $0.00 Total Non Cash $5775.05 Total Paid $5775.05 Printed: 4/17/2024 12:45 PM 230 `Q o m 3 A 3 D O , c z m j m O! i Au m I'v N m O i 1a W m N tA C z ° O !o 00 o0 o .s m i v c fu Ve A w N ! 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N N N V} N IA N N N N N iA VF 01 toT S a x a V O o 1 1 1 1 1 1 I I 1 1 1 1 1 1 I I I I Im I Q vCi a N N N N N N to N N N N JA to N N V► Ui V► Vs Vs V► N N N N N N AA D mtoLn r O NJ 3 III11,11111111 111111� tO �a O C' W ht O �35 /A Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov *•�ioA� MEMORANDUM File ID: 25-0460 Type: Public Hearing Meeting Date: 4/22/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr. FROM: Cindy Thurman, Senior Planner, Long Range Planning DATE: April 22, 2025 SUBJECT: 7750 Oslo Road, LLC's Request to Rezone Approximately +/- 3.73 Acres from A-1, Agricultural District to CH, Heavy Commercial District (2001080114-97736) [Quasi -Judicial] BACKGROUND The subject property is situated on the north side of Oslo Road, just east of I-95, and approximately 2,000 feet west of 74'x' Avenue SW. The area to be rezoned consists of ±3.73 acres and is only a portion of the overall 17.31 acre parcel. The overall parcel has split zoning with IL, Light Industrial zoning along the Oslo Road frontage and A-1 in the rear where the property is mostly undeveloped. The 3.73 acres is identified as the area where the IL zoning boundary district ends and the A-1 district boundary begins. The CH heavy commercial zoning would extend north for a depth of 300 feet. This area includes an existing building that the proposed business (Aluma Tower) will occupy. The proposed business uses aluminum tubing to create telescoping radio towers for both civilian (news vans) and military uses. This business activity is akin to a welding or machine shop, which are permitted uses in the CH and IL zoning districts. The requested zoning district CH, Heavy Commercial, is a step down zoning classification from the IL, Light Industrial district so that there is not such an abrupt change and there is an increased buffer. This will soften the transition between the A- I agricultural zoning located north of the property and the IL, Light Industrial zoning. The property, being just east of the new I-95/Oslo Road interchange, is an existing commercial/industrial node. The requested CH zoning classification would allow Aluma Tower to utilize all of the existing buildings. Anticipated changes to the Oslo Road corridor in this area are expected. The Planning and Development Services department is currently conducting a Study and recently held several community workshops to further examine the future needs of the Oslo Road corridor. Existing Land Use Pattern The large commercial/industrial node and gradual increase in land use intensity with light industrial zoning Indian River County, Florida Page 1 of 6 Printed on 4/17/2025 powered by LegistarT" 236 along the north side of the Oslo corridor in this area demonstrates the county's approach to development, ensuring that commercial growth is envisioned and carefully managed in this area. The proposed transition of zoning from IL to CH and A-1 preserves a buffer between higher -intensity industrial uses and agricultural uses, aligning with broader planning goals to balance economic development and rural life for future development of local communities along the commercialized corridor. With respect to zoning, the county's policy has always been to retain agricultural zoning on property within the urban service area rather than changing it to be consistent with the property's underlying future land use designation. This reflects the county's policy of using agricultural zoning with the urban service area as a "holding" zone. This policy recognizes that urbanization occurs incrementally with various tracts remaining agricultural for longer periods. Zoning District Differences The distinctions between these two zoning districts are best illustrated through their respective purpose statements, as outlined in the County's Land Development Regulations (LDRs). These purpose statements provide a clear framework for understanding the intent and scope of each district's allowable uses and development potential. The purpose statements are as follows: A-1; Agricultural District: The Agricultural -1 district is intended to provide areas suitable for agriculture, tree farming, and the conservation and management of open space, vegetative cover, natural systems, aquifer recharge areas, wildlife areas and scenic areas. This district is also intended to provide opportunities for residential uses at very low densities to promote housing opportunities in the county. This district is further intended to permit activities which require non -urban locations and do not detrimentally impact lands devoted to rural and agricultural activities. CH: Heavy -Commercial District: The CH, Heavy Commercial district, is intended to provide areas for establishments engaging in wholesale trade, major repair services, and restricted light manufacturing activities. The CH district is further intended to provide support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts. ANALYSIS The following analysis is per Chapter 902: Administrative Mechanisms, Section 902.12(3), which states that all proposed amendments shall be submitted to the Planning and Zoning Commission, which shall consider such proposals in accordance with items (a) through (k) of Section 902.12(3). Item A - Whether the proposed amendment conflicts with any applicable portion of the land development regulations (LDRs). Staff cannot identify any direct conflicts with the request for this proposed rezoning. It is an expansion of a heavier commercial use, but not the expansion of a more intense industrial use. The resulting outcome provides a buffer of heavy commercial between industrial and the county's "holdings" of agricultural zoning. Traditionally, when agricultural land is located within the urban service area it is considered a "holding" zone as urbanization occurs incrementally. In this context, there are no conflicts with the proposed rezoning regarding the land development regulations. More intensive commercial activities such as light industrial are still limited in the same area. The expanded area is limited to CH which is adjacent to the A-1 zoning on the north side of the subject property's split zoning Indian River County, Florida Page 2 of 6 Printed on 4/17/2025 powered by legistarn 237 and would ensure ongoing compatibility and the most intense use, which is primarily along the Oslo Road corridor. Item B - Whether the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan. The goals, objectives, and policies outlined in the comprehensive plan are critical to guiding the County's development. Policies serve as actionable commitments that direct how the County will shape and manage growth. These policies form the foundation for all land development decisions, ensuring that the County's planning efforts align with its long-term vision. While all policies within the comprehensive plan hold significance, certain policies are more directly relevant when evaluating rezoning requests. For this case, Future Land Use Element Policies 1.17, 1.18, 1.43 and 1.44 are especially applicable. These policies provide specific guidance and criteria that must be carefully considered to ensure consistency with the County's development goals and the compatibility of land uses within the community. Future Land Use Element Policy 1.17 requires all commercial and industrial uses to be situated within the County's Urban Service Area. Additionally, Future Land Use Element Policy 1.18 permits a range of uses under the commercial/industrial land use designation, including business and personal services, retail, office, manufacturing, and storage/warehousing, subject to applicable zoning district regulations. Given that the subject property is located within the County's Urban Service Area, and the proposed CH, Heavy Commercial zoning district is intended to accommodate the types of uses permitted under the C/I land use designation, the requested rezoning is consistent with the intent of Future Land Use Element Policies 1.17 and 1.18. Future_ Land_ Use Element Policy _1.43 provides criteria that the Board of County Commissioners may use to determine whether a proposed zoning district is appropriate for a particular site. The policy states that the Board recognizes that not every zoning district allowed in a land use designation is appropriate for every site within that land use designation. For any parcel, the Board may deny a rezoning request (even when the requested zoning district is consistent with the parcel's land use designation) if the denial serves a legitimate purpose. A Board of County Commissioners' determination that the requested zoning district is not appropriate for the parcel may also be based upon the absence of the following location criteria: For the CH, Heavy Commercial District: • along arterial roads • along railroad tracks • between general commercial and industrial areas • separated from residential development The subject property meets 3 of the 4 rezoning review criteria outlined in the above policy. First, it is situated along an arterial road, as it has direct frontage on Oslo Road, just east of the I-95 interchange. Second, the property is located between commercial and industrial areas, given its current split zoning that includes Light Industrial (IL) zoning along the Oslo Road frontage and Agricultural "holding" zoning (A-1) to the north. Third, it is adequately separated from residential development, with no existing residential uses immediately adjacent to or in the vicinity of the subject property. The only criterion not met by the property is proximity to railroad tracks, as the property is not located along any railroad alignment. Indian River County, Florida Page 3 of 6 Printed on 4/17/2025 powered by t_egistarTF 238 The nearby properties in this location include existing IL zoned properties and the presence of elements that support industrial development as well as heavy commercial development. The property fails to meet the second criterion as it is not located along railroad tracks. However, this criterion is not in and of itself a cause for denial when it stands alone as the only failed criterion and does not independently warrant denial of the rezoning request, particularly given the property's strategic location directly across from Indian River County's Landfill, an established heavy industrial use. Future Land Use Policy _1.44 evaluates requests to rezone light industrial and heavy commercial zoned areas to ensure that sufficient CH and IL zoned land will remain if the rezoning is approved. In so doing, Policy 1.44 requires that the county favorably consider those types of rezoning requests where the subject property is located along high-volume roadways. The subject property's Oslo Road location and the requested CH, Heavy Commercial zoning is not an elimination of agricultural or industrial but an acknowledgment of and the introduction of heavy commercial zoning to accommodate uses accessory to the already established light manufacturing established along the Oslo corridor roadway and upon the subject property. Item C - Whether the proposed amendment is consistent with existing and proposed land uses. The subject property is designated as C/I, Commercial/Industrial on the Future Land Use Map. Since CH, Heavy Commercial zoning is permitted within the C/I land use designation, the proposed rezoning is consistent with the property's Future Land Use Map designation. This alignment ensures that the proposed zoning district is following the County's long-term land use planning objectives. Item D - Whether the proposed amendment follows the adopted county thoroughfare plan. The property has existing access to 91' Street SW (Oslo Road) and supports onsite improvements. The Planning and Development Services department is currently conducting a Study to further examine the future needs of the Oslo Road corridor. Item E - Whether the proposed amendment would generate traffic which would decrease the service levels on roadways below the level adopted in the comprehensive plan. There will be no net change to the estimated traffic generation due to the rezoning of a portion of the site. All buildings on this site were previously used for industrial use with traffic patterning similar to the intended use of the targeted rezoning. Item F - Whether there have been changed conditions which would warrant an amendment. Staff notes that the property is situated in an existing commercial/industrial node and the request represents the expansion of an existing business. Anticipated changes to the Oslo Road corridor in this area are expected as this property is within proximity to the new I-95/Oslo Road interchange. The Planning and Development Services Department is currently conducting a Study to further examine the future needs of the Oslo Road corridor. Item G - Whether the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation. Based upon the analysis conducted by staff, it has been determined that all concurrency -mandated facilities, Indian River County, Florida Page 4 of 6 Printed on 4/17/2025 powered by Legistarn 239 including stormwater management, solid waste, water, wastewater, and recreation, have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. Per Indian River County LDRs, the applicant may be required to pay utility connection and other customary fees and comply with other routine administrative procedures. If approved, rezoning does not guarantee any vested rights to receive water and wastewater treatment service. As with all development, a more detailed concurrency review will be conducted during the development review process. As per section 910.07 of the County's LDRs, the conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not development projects, County regulations call for the concurrency review to be based on the most intense use of the subject property allowed within the requested zoning district. For commercial rezoning requests, the most intense use of a property varies with the zoning district. In the case of A-1 zoned property, the most intense use (according to County LDRs) is 1 residential unit per 5 acres. For the CH rezoning request, the most intense use is general manufacturing with 20,000 square feet of gross floor area per acre [LDR 910.08(2)]. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: 2. Existing Zoning District: 3. Proposed Zoning District: 4. Most Intense Use of Subject Property Under Existing Zoning District: 5. Most Intense Use of Subject Property Under Proposed Zoning District: ±3.73 acres A-1, Agricultural District (up to 1 unit/5 acres) CH, Heavy Commercial District 0 Single-family Units 74,600 S.F. of General Manufacturing Item H - Whether the proposed amendment would result in significant adverse impacts on the natural environment. The subject property proposed to be rezoned from A-1 to CH is developed. Since the subject property does not contain any land designated by the State of Florida or the U.S. Federal Government as environmentally sensitive or protected land, such as wetlands or sensitive uplands, rezoning the site is anticipated to have no adverse impacts on environmental quality. When expansion development is proposed for the subject site, a more detailed environmental analysis based on the site-specific development proposal will be conducted. Item I - Whether the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern. Maintaining appropriate zoning buffers between the agricultural areas ensures a balanced transition between a mixture of uses. This context reinforces the suitability of the requested CH zoning for the subject property while maintaining the IL district to the south and buffering A-1 uses to the north. The proposed amendment aligns with the comprehensive plan and surrounding zoning districts, promoting a logical and orderly development pattern. By facilitating compatible land uses, the amendment will contribute to a cohesive and well-planned transition between industrial and agricultural "holding" areas ensuring sustainable growth while adhering to the County's long-term land use vision. This rezoning will support the efficient use of land and infrastructure, enhancing the overall functionality and maintaining the character of the area. Indian River County, Florida Page 5 of 6 Printed on 4/17/2025 powered by Legistarn 240 Item J - Whether the proposed amendment would conflict with the public interest and is in harmony with the purpose and interest of the land development regulations. Staff have not identified any adverse impacts to public welfare and finds that the request aligns with the purpose and intent of the land development regulations. The proposed amendment is consistent with established planning principles and supports the broader objectives of promoting orderly growth and compatible land use. As such, the request is deemed to be in harmony with the County's regulatory framework and community development goals. Item K - Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment, such as police protection, fire protection, and emergency medical services. Based upon the analysis conducted by staff, it has been determined that all concurrency -mandated facilities, including police protection, fire protection, and emergency medical services, have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. BUDGETARYIMPACT There are no budgetary impacts associated with this request. PREVIOUS BOARD ACTIONS There have been no previous applications for rezoning of the subject property. POTENTIAL FUTURE BOARD ACTIONS The rezoning request, if approved, is final and runs with the land. No future board action would be needed for this request. STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION Based on the analysis, staff recommends that the Board of County Commissioners approve this request to rezone the +3.73 acres of the + 17.31 acre subject property from A-1 to CH. It shall be noted that the Planning and Zoning Commission, at its regular meeting on March 27, 2025, unanimously recommended approval of the rezoning request. ATTACHMENTS 1. Existing Zoning Map 2. Existing Future Land Use Map 3. Rezoning Application 4. Draft Ordinance Indian River County, Florida Page 6 of 6 Printed on 4/17/2025 powered by LegistarTM 241 SUBJECT PROPERTY A-1 to CH A.1 3.73 out of 17.36 acres A•2 INFORMATIONALMAP -NOTA SURVEY 7750 9th Street SW (Oslo Road) - Rezoning �I 242 I SUBJECT PROPERTY A-1 to CH 3.73 out of 17.36 acres ` GI ,j S (0SL 4 AG -2 INFORb1ATIONALMAP-NOTASIi�IEY 77508th Street SlkOslo Road) -Future Land Use Map .e ic..,� a.m.aq a m y.asa APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: RZON - a'Of 09a 1l4 = -7 Current Owner Applicant (Contract Purchaser Agent Name: 7750 Oslo Road, LLC KMA Engineering & Surveying Complete Mailing Address: 701 Columbia Blvd. Titusville, Fl. 32780 3001 Industrial Ave. 2 Fort Pierce, Fl. 34946 Phone #: (including area code) 321-607-9950 772-569-5505 Fax #: (including area code) E -Mail: wknight@knightarmco.com blaineb@kmafl.com Contact Person: 1william Knight Blaine Bergstresser, P.E. Signature of Owner or A ent: Property Information Site Address: 7750 9th St SW Site Tax Parcel I.D. #s: 33382400001015000001.1 Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zonint District: IL and A-1 Existing Land Use Designation: Cil Requested Zoning District: C 1-1 Total (gross) Acreage of Parcel: 17.31 Acreage (net) to be Rezoned: 3.73 Existing Use on Site: Industrial Proposed Use on Site: Commercial THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. `ZVI REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "NIA" if an item is not 2pklicable. ITEMS Applicant'A Applicant'Checklist Staff Checklist 1. Fee: $3,000.00 2. Completed Rezoning Application Form front pale) %7 z 3. Letter of Authorization from Current Owner(s) J / V OR Current Owner is Applicant 4. Verified statement (separate letter) naming every individual or entity having legal or equitable i/ f ownership in the property. 5. One (1) Copy of the current Owner's Deed 6. A Current Owner's Title Policy OR A Certificate of Title from a Title Company V/ OR An attorney's written opinion evidencing fee / V ownership of the propn. 7. A justification of change statement and detailed intended use 8. One (1) SEALED boundary survey of the area to be rezoned. The boundary survey shall include, but not be limited to the following: ❑ a legal description of the land to be rezoned V ❑ the size of the land to be rezoned ❑ the public road right-of-way width of adjacent roads; and ❑ a north arrow 9. Electronic version (MS Word is preferable) of the legal description 10. Provide a digital map file. of the boundary Survey provided in Item 8 above in either AutoCAD (.dwg) or Esri Shape file (.shp) format. / 11. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency Certificate, including traffic study, if applicable U,Q,ey4JN bq VT(C\ NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: September 19, 2022 FXommunity Development\APPLICATIONS\Comp. Plan and Rezoning applications\rezoningrequestform - Updated 2021.doex 245 Indian River County Future Land Use Map Amendment/Rezoning Authorization Form TO: Planning Division Indian River County 1801 271' Street Vero Beach. FL 32960 FROM: (Property Owner) Property Tax I.D. #: Will Knight 7750 Oslo Road, LLC 701 Columbia Blvd. { Lai ill 2, 33382400001015000001.1 Property Address: 7750 9th St. SW The undersigned is hereby authorized Blaine Bergstresser, P.E. to act as agent and/or make application to Indian River County for the above referenced property for the following applications (please mark the appropriate box): o Future Land Use Amendment Rezoning Clcirl ;'•u I Owners Name (Print) Owners Signature STATE OF FLORIDA COUNTY OF 4N19AN4WWR�i2Gi�As1� UVA/ Date The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization. this �3j` ` day ofC)&yDq _ , 20�( by Personally know P OR produced identification ❑ (SEAL) VIRGINIA V. ROBERGE tFr ve4 . MY COMMISSION #HH082243 EXPIRES: APR 04. 2025 Bonded through 1st State Insurance NOTARY PUBLIC: Sign. Printed Name: { rnrt,4- y ;,, 61-'�L�� Commission Number: J#6R Commission Expiration: 6QaS� 3 246 7750 Oslo Road, LLC Affidavit of Ownership State of r- County of A I, C. Reed Knight, Jr., declare, to the best of my knowledge and belief, the information herein is true, correct and complete; and that the ownership percentage breakdown of 7750 Oslo Road, LLC is as follows: C. Reed Knight, Jr. — 2% C. Reed Knight, 111 2009 Gift Trust — 24.5% Sarah Knight Talkington 2009 Gift Trust — 24.5% Jacob R. Knight 2009 Gift Trust — 24.5% William P. Knight 2009 Gift Trust — 24.5% Executed this 36 -4 -day of /).6.7D&iL , 2024 C. Reed Knight, Jr. 247 Notary Public "" Zj Q °.' �` VIRGINIA V. ROBERGE R q MY COMMISSION #HH082243 • -* � � � ' EXPIRES: APR 04.2025 Title ::s Bonded through 1st State Insurance My commission expires �.. - 7r11fil<�r1y1'' 701 Columbia Boulevard, Titusville, FL 32780 : 247 K: 2812 PG: 700,12/24/201412:04 PM D DOCTAX PD $0.70 ,- , #114""o 10C. `WV Parcel ID No: 33382400001015000001.1 QUIT -CLAIM DEED THIS INDENTURE is executed this day of December, 2014 by C_ REED KNIGHT, JR., whose address is 701 Columbia Boulevard, Titusville, Florida 32780 (hereinafter referred to as "Grantor"), in favor of 7750 OSLO ROAD, LLC, a Delaware limited liability company, whose address is 701 Columbia Boulevard, Titusville, Florida 32780 (hereinafter referred to as "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of TEN and NO/100 .($10.00) DOLLARS in hand paid and received and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confirmed and as sufficient inducement to execute this instrument, does hereby grant, transfer, and convey to the said Grantee, and Grantee's successors and assigns forever, the following described property, to -wit: See EXHIBIT "A" attached hereto and incorporated herein by reference. TOGETHER WITH all tenements, hereditaments, and appurtenances thereunto appertaining. TO HAVE AND TO HOLD unto Grantee and Grantee's legal representatives, successors, and assigns. Grantor swears and affirms that the above described property is not, has never been, and does notabut or lie adjacent to Grantor's homestead and residential property. The above described property is commercial property. IN WITNESS WHEREOF, Grantor has caused these presents to be executed on the day and year set forth below. Signed, sealed, and delivered in the presence of., (Name:Ajil ,pM ) (a STATE OF FLORIDA "GRANTOR" C. REED KNIGHT, JR. eoF COUNTY OF BREVARD ) The foregoing instrument was acknowledged and sworn before me this day of December,.2Q1• REED KNIGHT, JR_, who executed the foregoing instrument for the uses and purposes therein set forth. Saiq produced a current Florida driver's license as identification, and I have confirmed said person's identity.� Mn f fi �iil mooVIRGIMA V. Rt�RGENOT Y PUE IC, ATE OF FLORIDA .�� :SLnded ThN Notary tJndenrriten (Affix OffGtSeal) Note from the scrivener: this Instrument has been prepared by the scrivener without the benefit ofs title search or dii.ex i4y�� d;Jwy' aa;,ppthee* scrivener assumes no is instru the party parties or, sato the property destatute or scribed herein orotherwise, oror under the common law of hfor matters that appear e State ofFlorid2 for in he chain errors in hof titlt of an p'r the iiih cil�t��`1 described property that are or may become liens or encumbrances upon the above described property. Further, the scriv . er'•hasnalt�oraVidi!b legal advice either to the Grantor or to the Grantee regarding tax implications or tax liabilities or the impact upon existing title insurance coverage, if any, arising out of the conveyance effected by this instrument. 248 i i i .Ow►neer hip and JEneambraace Property Information Report Issuer: Attorneys' Title.Tutid,Sery LAj Inc... Recipient; Collins Brown Baskett, Chartered Teensure Coast 1 ' -S96 NW- Peacock Blvd., Sum LZ' Port'Saint-L�ude, FL 34 . . .($40)344-664*5 (866-)3034708 ± Fund File Number: W86.81 AgetttrsFiteR4fereAg; 24-388.0D1 Effi�etii,e Dates:: F`ro'm Dmerhbei''242,2014 at.9.00 A.M.I Zo Ootober.'23 2424 at i ;0.0 >?h4 i This title search emwimeitces front fire date of the lag*on Wgirding if:stitutional first mortgage on t,�ie- proper v. If dlere Is no•ord&7efuling_.r�iorigage, flit search rommenees with the slate r Bard title vested in -the currentrecord'ower.. 0escripiion of Reds Prpper& ,Y!tuuted in j dlan Diver County, Florida, Soe Exhibit -A, Apparm? Title Y, ested in: 7750.Osio Rodd, I..LG, a Delaware hiitlted.bability.company by Quit-Ciaiin De6d: mcbtded in 0.R. Hoole 2812; Page 79% ftblic Records -of Indian. Rivas' Cauiity;: Florida: 7'lir"s searclt•rloes not'coverntaiters ot/rer tlrnn.iitese-reeorrted its llle D ecal Recotds'Book of tl�e manty atzil'does not Osswe. the regality .or validity ofthe referenced•lositrrtrxenAL Ad Yrclorem AixhIrOlitadoil is hot.Pravlde . Prepared pate: 04bber.:24, 2024 -'tepared bv: Kathy Haberkorn ,l?itone Nun;ber. (000) 344_6.645 x6517 Esieall Address: ICHaberkorn@TheFund.eom Rev. 0811,2 Page 1 of 3 249 OWnership atid Encumbrance Property Information- Report Fund File. NuMber: 1*5.78681 Attorneys' Tide..F - wO.Servi.ces-9 Inc. ENCUMBRANCES 1. R:esolution:No.. R--13-37 recorded in-G.R. Bbbk,3674, PaLe-.2.12-2,,Public Rbcords::ofIndian River County., Florida: 2. For 1nfbttnb:t ion : Lis Pendens, recorded in. 0A.Book 3535, P60, 559; Order of T6king recorded- in 0K 'B.*o ok. 3586,'Pqge 1986,'Public Records of Thdian River County,, Florida. covered.hy this search. This Title Search iv_prepared and furisishedfor h1formation-onljY. It is not ah. apluion of title dn'dpuay ,rot he used as irt fille.baw-for the issuance of a title itryuraned ic"writnie-IO and/or poZkyj.ribs should it lie .-used for tire preparation of foreclosure proceedings or -other 11tigialon. This report it not fide hwurdn ce. Pursuant to-,lv, 62 7.7841.Florida. ShMiles, - (lie maWmkiii fia-billiv of the 'issuer afthis property inf!7r.iiiqtio reportfor-errors or omisqhpis in - tksprqpert ; y it dioll report is fin?lted to Ifig aynountpaldfir this property inforitalloirreport, atd.lsftirtliertiniiied-to.lire peuon.(s) expressly, iden4filed by-irame in the property inf6rMation reporters the recipieat{s) -of1he property btfbrihatibiurgporl. Page 2 of 3 250 Owne.rshin and Encumbra.mce Property Information Report Aftarn ys' TWFURd: ety CCONC:. Exhibit A KMA Engineering & Surveying 3001 Industrial Ave 2 Fort Pierce, Fl. 34946 KMA 772-569-5505 ENGINEERING S SURVEYING Justification of Chance Statement 7750 9th St. SW February 18, 2025 The 17.31 acre parcel, 33382400001015000001.1, is currently zoned light industrial(IL) and A-1. We propose rezoning of 3.73 acres from A-1 to Commercial Heavy (CH). Currently there is an existing building within the A-1 zoning designation on the parcel. Rezoning the 3.73 acres allows the building to be utilized for commercial use while still allowing an A-1 buffer between the industrial zoned land and the A-1 parcels to the north. The proposed use of the property is an aluminum tower manufacturing facility. The business receives aluminum tubing, and they weld them together to create different types of radio towers. They have in-house engineering which will design a product per a client's request. This will range from the telescoping towers you see on news vans to towers utilized by the military for radio signals. They also construct trailers that contain portable towers which range from solar powered towers to military spec units. They will do all electrical and mechanical construction in house. They receive parts from different manufacturers and construct the different products in their shop. 252 ORDINANCE NO. 2025 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 3.73 ACRES LOCATED ON THE NORTH SIDE OF 9TH STREET SW (OSLO RD), APPROXIMATELY .37 OF A MILE WEST OF 74THAVENUE SW, FROM A-1, AGRICULTURAL DISTRICT, TO CH, HEAVY COMMERCIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: A PORTION OF THE WEST 20 ACRES OF TRACT 15, SECTION 24, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE 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, PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 24, ALSO BEING THE SOUTHWEST CORNER OF SAID TRACT 15; THENCE, ALONG THE WEST LINE OF SAID TRACT 15, NORTH 000 15127" EAST, A DISTANCE OF 664.00 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE ALONG SAID WEST LINE, NORTH 00° 15'27" EAST, A DISTANCE OF 248.00 FEET; THENCE, DEPARTING SAID WEST LINE, SOUTH 89°40'49" EAST, A DISTANCE OF 654.92 FEET; THENCE, SOUTH 000 15'27" WEST, A DISTANCE OF 248.00 FEET; THENCE, NORTH 89040'49" WEST, A DISTANCE OF 654.92 FEET TO THE PLACE AND POINT OF BEGINNING. SAID LANDS CONTAIN 162,420 SQUARE FEET OR 3.73 ACRES, MORE OR LESS. 253 ORDINANCE NO. 2025 - is changed from A-1, Agricultural District to CH Heavy Commercial District. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 22nd day of April, 2025. This ordinance was advertised in the Press -Journal on the 12 day of March 2025, for a public hearing to be held on the 22nd day of April 2025 at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Joseph E. Flescher, Chairman Deryl Loar, Vice -Chairman Susan Adams, Commissioner Joseph H. Earman, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller BY Deputy Clerk: This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Susan Prado, Deputy County Attorney 254 ORDINANCE NO. 2025 - APPROVED AS TO PLANNING MATTERS Christopher Balter, Planning & Development Services Director 255 Indian River County Board of County Commissioners April 22,2025 7550 Oslo Road, LLC's Rezoning Request from A-17 Agricultural to CH, Heavy Commerlal 1 Description & Conditions • The area to be rezoned is +3.73 acres of the overall 17.31 -acre parcel. The parcel is located on the north side of Oslo Road, just east of the new 1-95/Oslo Road interchange, and approximately 2,000 feet west of 74th Avenue SW. • This area of the County is characterized by a sparse mixture of agricultural, commercial, and industrial uses, with the IRC Landfill to the south across Oslo Road. 2 255- 1 The parcel contains split zoning of A-1 and IL. The 3.73 acres identified for rezoning to CH is where the IL zoning boundary district ends and the A-1 district boundary begins. • The remaining northern A-1 property will not be rezoned and will remain agricultural to serve as a holding zone. 3 04/22/2025 Item (j .A.1. Zoning Map 4 04/22/2025 Item(I .A.1. A-1, Agricultural District — Existing Zoning • Intended to provide for areas suitable for agriculture, tree farming, and the conservation and management of open space. • Intended to provide for opportunities for residential uses at very low densities to promote alternate housing opportunities in the county. • Intended to permit activities which do not detrimentally impact lands devoted to rural and agricultural activities. Zoning Minimum Lot Minimum Lot Width Density Units/acre Front -Rear -Sides Minimum Open District Principal Structure Setbacks Space CH, Heavy Commercial Distr-:_Proposed Zoning • Heavy Commercial Zoning District • Intended to provide for establishments engaging in wholesale trade, major repair services, and restricted light manufacturing activities. • Provides for support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts. 265 _ 3 04/22/2025 Item O .A.1. Rezoning Request is Consistent with C/1 Future Land Use Designation • Part of an established Commercial/Industrial future land use node. • The Commercial/Industrial future land use designation is intended to provide areas for the development of industrial and commercial uses. • Located in areas with suitable levels of service and infrastructure for urban scale development. • Located along major transportation routes and separated from residential areas. • No Future Land Use Amendment change is proposed as part of this request. Analysis per Chapter 902.12 (3) A. In conflict with any applicable portion of the land regulations? C. Consistent with Existing & Propose Meets Criteria Meets E. Generate traffic which would decrease levels of service as adopted? Meets Crite M No conflicts with the applicable land development regulations for the requested CH zoning designation are present. Potential buffering benefits from uses will be aided by request. Future Land Use Element: Objective 1, Policies 1.17, 1.18, 1.43, 1.44. Nearby properties include uses permitted in CH zoning district. Fails to meet the Locational criterion of Policy 1.43, it is NOT located along railroad tracks Proposed CH Zoning is consistent with the existing C/I, Commercial/Industrial FLU. (No Future Land Use Amendment change is proposed as part of this request). The property is between 74th and the new 1-95/Oslo Road Interchange,_ All roadway segments within the area of influence would operate at an acceptable LOS under the 'proposed CH Zoning. f5'5-4 Analvsis per Cha . Subject to changed conditions exist that warrant an amendment? Meets Size of Area to be rezoned: Existing A-1 Zoning District: Proposed CH Zoning District �a y Most intense under Existing Most intense under Proposed 9 04/22/2025 Itemjj .A.1. The acreage has been limited for the request to the north -middle portion, where the uses allowed within the CH district allow for a natural transition. The applicant may required to pay connection and customary fees. A more detailed concurrency review wills., be conducted during the development review proces ±3.73 acr ;Agricultural district (up to 1 unit/5 acres) Meavy Commercial district 20,000 S.F. of floor area per acre 0 Single family Units � 14,600 square feet c Genera(Manufactenng Analysis per Chapter 902.12 (3) continued Review Criteria Chapter 902.12 (3) Whether or not the amendment is or would: proposed H. Result in the significant adverse impacts on the natural Meets Criteria The subject 3.73 acres is mostly undeveloped. A environment more detailed environmental analysis will be required when the site-specific development proposal is determined. t 1: Resutln fhe ord+sry and�ogYcal'development pattern; . "Meets Criteria The proposed amendment aligns with the specifically identifying any negative effects on such pattern / Comprehensive Plan and the surrounding land use Vie. � In con ct with Elie public" n4er"esf'ancTis in har`morry vvitli ` .e e" s r �'i5" ; It tsn to a � � .'�" i 'fid �`t j5 a rir ` , ur ose and interest of the land development Mations and finds that the request aligns with the purpose and intent of the land development .,MUM 1(. Any other matters that may be deemed appropriate in review Meets Criteria regulations. All concurrency mandated facilities have and consideration of the proposed amendment such as police,", adequate capacity to accommodate the most protection, fire protection, and emergency medical services. intense use under the proposed zoning district. N ,.0 .. _.,. w A . ,._ 04/22/2025 Item'' .A.1. Conclusion The requested CH zoning district is: • Compatible with the surrounding area • Consistent with the goals, objectives, and policies of the County's adopted Comprehensive Plan V/ • Is consistent with the County's Land Development Regulations ✓ • Subject property is deemed suitable for CH zoning • Supported by Staff ✓ • On March 27, 2025 the PZC unanimously voted to recommend approval of the request to rezone the subject property from A-1 to CH. ✓ 11 Recommendation Staff and the Planning and Zoning Commission recommends that that the Board of County Commissioners approve this request to rezone the subject property from A-1 to CH. 12 255.6 y' 13 9P�- & � ..... fi tae@aM iirAC rok -Y KnYw a, 44u.Yl�iMaE.iFllX4S�ll9�.�. Thk * s nateatal ptlliltc .hearing of t Mp"ng wW Zmkq Commission and * foaft of IFIi dr cam""oona to conskjW' Vf A t� itln � c11rirpl11�� ads Tliia proposed a, 0 i iis. ,AN OF'MMM RIVER OOUM—,Y, AM " ORDINANCE ANP TM QPPMFP ACM )tel` '�i PWM SIDE 0FVHSTjW MOW I�iirlilgk�t'F 1ST CH.1t A IPWAC, 11" ~Wom Vis' an opportunity to bid .!l"rd W# beho III ly the.. " i -Z*rftCommission of Indian 111 . In thi COW111116616n Chambers of the County Administration Buildl"%: A, located at 1801 27th StreA Vero Beach, Flory . On Thursday, March 27,20M qt'_ t ''*e Board. CounEyt trimissionera, Tom; ft"2k ,itM6', The rezoning application may be inspected by the public at the Pbrining and Development Services of the County Administration, I tg e, 27th Street, Vera Beach, Flort� between the hour"f 8:30 a.m. and 5:00 p.m. on weekdays. i tG 0mJjnf0r,M8 oM vontact Cindy Thurman at (772) 226-1243. T1mPlarintn A " l issiorr recomnowd anot W lMng d . ;lt 0 .of mmissior ow may adopt another zoning dlvft, OOW, than thin reque 1, providedthottthiaadop . vft4strictis with the i. Aftiope who may wtsh' to appea[any decistollwhich may be madeV this meeting, will need to enbUre that 6'verbatim record of She proceedings is RiadaaiNMLtstt Itttudes tem �1v which 110 0& WHO NEEDS A SPECIAL A0t0MMQqMm F MUST CONTACT THO .4" AMOMW 00AW,*= (ADA) COORDT4AIM, fT 2ZOMM Iii"ADVANCE'ViFT �s���Ilk+a�,., I I tri. sodr.MA�ct�it ,� :r@Te Cie4tFiY9 _ + Y i ;yy g .itE3 R� �Y 49 #M. Iai a nr« Mns«W a PA 3?aeiet a�,tMPa �Nweiir`�- ^k Yww .. Oli OE�l RWaf C euiu�w Fu _ . euN.d Pbo«Mk aw; M Yirwnil RYeipf�,[ x��m+ak 2 w aro ceueyc Genu l0 ap{wf any fk(ifiM yaw m w.swa uuF i mala. wHcamcWdes t wp•ryeawa, "72h « was 'N r sf, iu e 1�7 laix iH a«wF W �A. W Mtcp N t P i' na'iN ris WA- RWaf C Grr� euN.d Pbo«Mk '� ,.YJ(1PWNNlGi M Yirwnil RYeipf�,[ Qe'lf YK.. w, u«aw _; NGTC axwi tOCATEO O ae: i�+ RC7. aPP SW u"'rrai w.nxa � p,NEaVY GQ�. ''. fOpFCA1WN,f�j w aro ceueyc Genu l0 ap{wf any fk(ifiM yaw m w.swa uuF i mala. wHcamcWdes t wp•ryeawa, "72h « was 'N r sf, iu e 1�7 laix iH a«wF W �A. W Indian River County, Florida MEMORANDUM File ID: 25-0476 Type: Administrators Matters TO: Board of County Commissioners FROM: John A. Titkanich, Jr., County Administrator DATE: April 9, 2025 //)_A1 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 SUBJECT: Interlocal Agreement with City of Sebastian Community Redevelopment Agency concerning Sebastian CRA Septic to Sewer Project BACKGROUND At our Joint City - County Meeting one of the key issues discussed was septic to sewer. Utilities Director Sean Lieseke presented on septic to sewer and the mandates included in Florida House Bill 1379 (signed into law in 2023). The legislation mandates a shift from septic systems to central sanitary sewer system (where available) or the installation of enhanced nutrient -reducing septic systems by July 1, 2030. The City expressed that in addition to planning and providing sanitary sewer services in the City, the Sebastian CRA Septic to Sewer Project, with properties generally located along or in close proximity to the Indian River Lagoon, as a high priority project. County and City and staff has been meeting over the past 15 months discussing and planning this project. In January 2022, the City received a Septic to Sewer Conversion Evaluation Report related to the CRA redevelopment area. The report identified 188 sites within the CRA, 96 sites that are developed, not connected to sewer and utilizing septic systems, and 92 sites that are vacant where there is no connection to sewer. Indian River County Utilities staff evaluated the 2022 report and internally designed a conceptual project plan to install thirteen (13) sewer mains within the CRA, seven (7) of the sewer mains are proposed to be located within existing rights-of-way and six (6) will require easements from property owners. Following the conceptual design of septic to sewer project, the County and the City discussed how the project could be accomplished through a partnership for the public infrastructure, specifically installing sanitary sewer mains. This project will enable both the developed (and not connected to sewer) and vacant sites, as identified in the City's Septic to Sewer Conversion Evaluation Report, to connect to the sanitary sewer system. A clear benefit is the impact to the Indian River Lagoon and the environment. The City's report estimates 10,570 lbs/year of Nitrogen pollutant loading generated by the continued use of septic system. As the report details, this is not an estimate of total Nitrogen load contributing directly to the Indian River Lagoon, but it is an estimate of the total Nitrogen load from each community which is intercepted by an adjacent surface water that is a tributary (river, creek, ditch, etc.) to the Indian River Lagoon. The partnership is proposed between the County, the City, and the Sebastian CRA and focuses on the public infrastructure - installing sanitary sewer mains. The City will cover the costs of materials/parts (up to $100,000) Indian River County, Florida Page 1 of 3 Printed on 4/17/2025 powered by Legistarn 256 and the County will manage and program the project as the work schedule allows to construct the sewer mains using existing IRCDUS staff to minimize costs. The County additionally agrees to waive any connection fees for individual homes and businesses; however, property owners will still be responsible for sewer impact fees, currently $2,624 per ERU (Equivalent Residential Unit). The agreement provides that the project will begin within 60 days of the agreement becoming effective and both parties will work in an expeditious manner to complete the project. Lastly, the ILA provides for a proportionate fair share of BMAP credits based on a final accounting of direct and indirect project expenses. ANALYSIS The County and City entered into an Interlocal Agreement (ILA) in 1995, prior to the County acquiring the City's utility system and the County agreed to supply water and wastewater services within the City subject to the provisions of the ILA. Pursuant to the ILA, if the City requests such service and the County has the wastewater treatment capacity available, the County will provide wastewater service provided the City and County agree on a financing plan. In addition to the Joint City - County meeting and several meetings between the staff and elected officials of both jurisdictions, the City submitted a formal request on January 27, 2025, which was largely consistent with the City and County discussions. The proposed ILA has been developed and reviewed by staff of both jurisdiction and it reflects a plan where the County and City through a partnership will undertake the Sebastian CRA Septic to Sewer project. BUDGETARY IMPACT Costs cannot be fully determined at this time. In lieu of hiring a contractor to undertake this project, the Utilities Department will manage and program staff for a majority of the project internally. As may be required dependent on field conditions, Utilities may be required to contract with an approved contractor for directional boring and other services unable to be performed in house. PREVIOUS BOARD ACTIONS The County entered into an Interlocal Agreement providing for the Transfer and Assumption of the City of Sebastian Water and Wastewater System on September 20, 1995. There are no prior Board actions specific to the Sebastian CRA Septic to Sewer Project. POTENTIAL FUTURE BOARD ACTIONS The City additionally submitted a letter on January 27, 2025, concerning the County's wastewater capacity and ability to service existing areas (properties) within the City with sanitary sewer. The City acknowledges this response required more detailed information, on which the County is already working and will respond to the City. STRATEGIC PLAN ALIGNMENT Infrastructure, Environment, and Governance. OTHER PLAN ALIGNMENT The Sebastian CRA Septic to Sewer Project is an adopted project in the CRA's Community Redevelopment Plan. STAFF RECOMMENDATION Approve the Interlocal Agreement between the Indian River County Board of County Commissioners, the City of Sebastian, and the Sebastian Community Redevelopment Agency for the Sebastian CRA Septic to Sewer Project. ATTACHMENTS Indian River County, Florida Page 2 of 3 Printed on 4/17/2025 powered by LegistarTM 257 1. 2. 3. 4. 5. Proposed Interlocal Agreement Project Map Materials/parts list, by projects within existing rights-of-way Materials/parts list, by projects where an easement is required City of Sebastian, January 27, 2025 letter. Indian River County, Florida Page 3 of 3 Printed on 4/17/2025 powered by L.egistarn 258 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY, THE CITY OF SEBASTIAN AND SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY REGARDING THE INSTALLATION OF UTILITY INFRASTRUCTURE WITHIN THE SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL AGREEMENT (the "Agreement'), made and entered the last date signed below by the parties, between the Indian River County Board of County Commissioners (hereinafter the "County") the City of Sebastian, a municipal corporation of the State of Florida (hereinafter the "City"), and the Sebastian Community Redevelopment Agency, a dependent special district of the City of Sebastian, (hereinafter "CRA"), or collectively "CITY/CRA" to outline the cooperation of the County, the City and the CRA with respect to a sewer main installation program to facilitate septic to sewer conversions within the boundaries of the CRA. WITNESSETH: WHEREAS, Florida Statutes, Chapter 163, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Florida Statutes, Chapter 166, "Municipalities", §166.021, "Powers", authorizes the City to exercise any power for municipal purposes, except when expressly prohibited by law, and WHEREAS, Florida Statutes, Chapter 125, "Counties," §125.01, "Powers and duties" authorize the County the power to carry on county government to the extent not inconsistent with general or specific law; and WHEREAS, in 1995, the City of Sebastian and Indian River County executed an Interlocal Agreement (ILA) that provided the County the affirmative duty to supply water and wastewater services within the incorporated area of the City in exchange for valuable consideration; and WHEREAS, Section 4. Duties and Responsibilities of the County, (a)(4) of the ILA establishes the manner in which the County will provide water and wastewater service; and WHEREAS, Section 6.08. Concurrency; System Expansion, subsection (4), of the ILA provides, "The County will provide wastewater service ... if the City requests such service in writing, and the County has the wastewater treatment capacity available and a financing plan approved by the City and County is developed for providing such service; and WHEREAS, in 2023, Florida Statute §373.469 was enacted by the State of Florida, requiring that onsite sewage treatment and disposal systems (OSTDS) located within Central Indian River Lagoon Basin Management Action Plan Area connect to central sewer if available by July 1, 2030, or upgrade conventional OSTDS to enhanced nutrient -reducing onsite sewage treatment and disposal system (ENR-OSTDS); and Page 1 of 8 Fit] INTERLOCAL AGREEMENT (Utility Infrastructure within CRA) Page 2 of 8 WHEREAS, Indian River County is located with the Central Indian River Lagoon Basin Management Action Area; and WHEREAS, Indian River County provides water and sewer services to surrounding communities, including the City's CRA, through its Department of Utility Services; and WHEREAS, the CRA is authorized pursuant to § 163.362, Florida Statutes to identify and plan capital projects within the designated community redevelopment areas; and WHEREAS, the CRA's Community Redevelopment Plan establishes water and sewer infrastructure may require upgrades within the CRA; and WHEREAS, the City's Comprehensive Plan EDE Policy 9-1.1.3, provides incentives that will be provided to new and expanding business, more specifically, use of CRA funds to reduce the cost of water and sewer connection; and WHEREAS, the City, the CRA, and the County are working diligently to comply with the provisions of Florida Statute §373.469; and WHEREAS, the City, the CRA, and the County are committed to working together to address the aforementioned issues through joint cooperation in order to provide the greatest benefit in the shortest period of time in order to serve the public interest. NOW, THEREFORE, in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the County, the City and the CRA agree as follows: SECTION 1. RECITALS INCORPORATED. The above recitals are true and correct and are incorporated herein. SECTION 2. DURATION, TERMINATION, AND MODIFICATION. (a) This Agreement will remain in full force and effect until project completion, unless terminated by the Parties pursuant to the procedure set forth herein. (b) This Agreement shall be in effect from the date it is fully executed until the completion of the below terms unless otherwise terminated as outlined herein. (c) This Agreement may be terminated by the City/CRA or County, only for good cause shown, upon ninety (90) days' written notice to the other party. (d) Written notice of proposed termination shall be provided as outlined herein. 260 INTERLOCAL AGREEMENT (Utility Infrastructure within CRA) Page 3 of 8 (e) The Parties agree that they will meet -and -confer, in good faith, in a duly noticed public meeting under Florida law, to address the concerns of the other party prior to any official legal action being taken by either governing body as outlined by Florida law but notwithstanding, neither Party waives any right to any legal remedy available under Florida law. (f) This Agreement may be modified at any time by the mutual consent of the parties and in the same manner as its original adoption. (g) The intent of Exhibit 1 is to showcase all construction locations required to facilitate connection availability for all parcels within the Community Redevelopment Agency. If due to scriveners errors an account or parcel is incorrectly shown within the exhibit the City and County will work together to ensure connectivity options for all segments of the CRA. SECTION 3. DUTIES AND RESPONSIBILITIES OF THE CITY/CRA (a) Services: 1) The City/CRA will assist Indian River County in their efforts in obtaining necessary easements to complete the scope of work referenced in Exhibit 1. 2) Easements must be a public utility easement that will enable the County to install and maintain the necessary sewer infrastructure. 3) The City/CRA and the County agree that in order to obtain the necessary easements, a joint letter on behalf of the utility will be sent to Owners to initiate the project. 4) The City/CRA understands that the County will be unable to complete the entirety of the work without the necessary easements as delineated in Exhibit 1. 5) The City/CRA will provide County with a priority list of work to be performed, identifying areas ready for commencement prior to the execution of this agreement. 6) The City/CRA will coordinate with the County and be responsible for notifying residents and businesses of upcoming project work and road closures. 7) The County will keep the City/CRA informed of schedules, construction timelines, or project updates on a weekly basis. (b) Payment: The City agrees to be responsible for the costs of materials, in an amount of up to $100,000.00 (based on the estimate developed in February 2024) related to the project as identified in Exhibits 2 and 3. 261 INTERLOCAL AGREEMENT (Utility Infrastructure within CRA) Page 4 of 8 (c) Change Orders/Increases: In accordance with Section 4(a)(3) below, the City/CRA agrees to timely evaluate and consider any material costs increases over the originally estimated $100,000 for materials. The City will provide its concurrence with the potential change order in writing prior to the County proceeding with the work. (d) Notifications: The City will take the lead in notifying the community of the upcoming work and the commensurate responsibilities of the property owners to install the private - side infrastructure necessary to connect them to the County's system through a joint letter and any other means deemed prudent by City/CRA. SECTION 4. DUTIES AND RESPONSIBILITIES OF THE COUNTY (a) Services: 1) The County will procure and provide for installation of all needed materials and completion for connecting the properties listed in Exhibit 1 to the County water and/or sewer system. 2) The County agrees that the material costs paid for by the City will represent the entire cost to the City/CRA for installation of the infrastructure in an amount of up to $100,000.00. 3) Detailed initial costs estimate shall be provided to City/CRA once obtained. If costs should change beyond the initial estimate of $100,000.00 before beginning the project, the County shall provide detailed cost adjustments to the City for their consideration before proceeding. 4) The County agrees to waive any connection fees the individual homes and businesses as a reflection of the cost of materials being covered and paid for by the City. 5) Property owners will be responsible for any standard impact fees related to connecting from the sewer line to the individual homes and businesses. (b) Timeframe: Project will begin within 60 days of this agreement becoming effective. The County agrees to work diligently to complete the work as schedules allow. The parties agree that there is no specific timeline and both parties will work in an expeditious manner to complete. The County further agrees to complete the work according to the priority list as provided by the City. (c) Reporting: Indian River County Department of Utilities Services will prepare a Quarterly Report provided to the elected bodies of all jurisdictions. The Quarterly Report shall generally include an update on what projects have been completed, what projects are underway, and the timeline for projects scheduled for the future. Additionally, the report shall include an accounting for all expenses incurred and identify any needs that may exist. INTERLOCAL AGREEMENT (Utility Infrastructure within CRA) Page 5 of 8 (d) Inspection: The County will be responsible for inspection and approval of the private -side connections prior to the residence or business completing the sewer connection. (e) Maintenance and Central IRL BMAP: As projects are completed, the County shall be responsible for maintaining the system and treating wastewater. The County and the City shall share Total Maximum Daily Load removal credits commensurate with each jurisdiction's cost incurred during the project construction phase. The City and County will work together to quantify load reductions related and applicable to the Central Indian River Lagoon Basin Management Action Plan. The City/CRA and County will track and provide a final accounting of direct and indirect expenses for the project for the purpose of determining the proportionate fair share of BMAP credits. SECTION 5. NOTICE. (a) Unless specified by a party in writing otherwise, all notices, demands, or other papers required to be given or made by this Agreement, or which may be given or made, by either party to the other, will be given or made in writing and addressed as follows: Com: City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 with a copy to the City Attorney; and County: County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960-3365 with a copy to the County Attorney. The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company. (b) The parties will consider the effective date of notice to be the date personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice. SECTION 6. SOVEREIGN IMMUNITY. Nothing contained herein or in any instruments executed pursuant to this Agreement shall be construed as a waiver or attempted waiver by the County or the City/CRA of their sovereign immunity as it presently exists under the Florida Constitution and the laws of the State of Florida and as outlined in Florida Statute §768.28. SECTION 7. BUSINESS RELATIONSHIP. 263 INTERLOCAL AGREEMENT (Utility Infrastructure within CRA) Page 6 of 8 The City and the County are not partners or joint ventures or agents of each other for any activities pursuant to this Agreement, and no such relationship between them shall be deemed to exist by virtue of this Agreement. SECTION 8. CONSTRUCTION. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, singular or plural, as the identity of the party or parties may require. The Parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. SECTION 9. MERGER/MODIFICATION. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written, unless the provisions of the parol evidence rule apply. SECTION 10. GOVERNING LAW/ VENUE/WAIVER OF JURY TRIAL. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. In the event of litigation, the parties expressly waive any right to a trial by jury. SECTION 11. CONFLICTS. To the extent of any conflict between this Agreement and any existing City, CRA, or County agreement or Interlocal agreement, this Agreement will be deemed to be controlling. This Agreement is not intended to amend or repeal any existing City or Indian River County Ordinance. This Agreement is not intended to supersede, replace or conflict with any terms or relieve either party of any obligations under the underlying existing Interlocal agreement relating to Water and Wastewater entered into by the Parties. SECTION 12. SEVERABILITY. 264 INTERLOCAL AGREEMENT (Utility Infrastructure within CRA) Page 7 of 8 If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase, or portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Agreement. SECTION 13. RECORDATION. This Agreement shall be recorded in the Office of the Circuit Court in Indian River County. The City/CRA and the County shall share evenly in the costs of recordation of this Agreement. SECTION 14. EFFECTIVE DATE. This Agreement will become effective upon its filing with the Clerk of the Circuit Court of Indian River County, Florida, as required by §163.01(11), Florida Statutes. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW 265 INTERLOCAL AGREEMENT (Utility Infrastructure within CRA) Page 8 of 8 APPROVED this day of March, 2025. INDIAN RIVER COUNTY, a political subdivision of the State of Florida By: Joseph Flescher, Chairman ATTEST: Ryan Butler, Clerk of Court and Comptroller �0 Deputy Clerk APPROVED: By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency. By: Christopher Hicks, Assistant County Attorney CITY OF SEBASTIAN, a municipal corporation of the State of Florida By: Bob McPartlan, Mayor ATTEST: Lo Jeanette Williams, City Clerk APPROVED: By: Brian Benton, City Manager Approved as to form and legal sufficiency. By: Jennifer Cockcroft, City Attorney CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY, a dependent special district of the State of Florida. By: Bob McPartlan, Chairman ATTEST: By: Jeanette Williams, CRA Clerk Approved as to form and legal sufficiency. By: Jennifer Cockcroft, CRA Attorney 266 SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY - SEWER COLLECTION COVERAGE sower na ay.l.Dle o km Sbnon, PrWaE. YIIMI11..r Cwmry•.nantlonatl sever man we --�'ww rry"�:•"•••'•�••••� Pemel wDh eaDtic bnk O Nenhde �� "Illal...ctive force main ``��„YY 4.a W—t Decd w Tee .y.. OIMbm.M S Clly park 0 Cale valve Ra.tlmeel .ewer leteml - .. gsewnraouwnou - PlaB valve commero.l ..w.rlebml ll t..� C awnont, S., Al, W— de-eCIS.—L C S.—LWeb, o CIS.—t W.breM Sewer D.os 81 8103 041 .x- ClSeaoonl, Webrentl Sewer NC L pcwe2rc orunmv.enrc8e CIS.—., R..erve CRA: Comms 4Retlevdopmenl Agency pa taao2s x 281 S2S Projects in Existing Right of Way #1 North Central Gravity Main Install ITEM # MATERIAL UNIT QTY COST TOTAL $1,100.00 10 4" TAPPING VALVE EA 1 $776.85 1106 8" SDR 26 Green Pipe LF 350 $15.04 $5,264.00 1105 6" SDR 26 Green Pipe LF 84 $8.32 $698.88 1073 8" Sanded Grout Collar EA 1 $70.95 $70.95 1064 8" X 6" SDR 26 GxG WYE EA 2 $63.36 $126.72 1068 6" X 4" SDR 26 GxGxG DBL WYE EA 2 $50.02 $100.04 1950 Gravity Main Locate Tape EA 1 $34.93 $34.93 ???? Concrete Manhole EA 1 N/A N/A TOTAL - WITHOUT MANHOLE $6,295.52 #2 Jefferson Street ITEM # MATERIAL UNIT I QTY COST TOTAL NON -CONTRACT 10"X4" TAPPING SLEEVE EA 1 ESTIMATED $1,100.00 $1,100.00 10 4" TAPPING VALVE EA 1 $776.85 $776.85 1331 4"X2" TAP PLUG EA 1 $56.09 $56.09 731 4" MJ KIT EA 1 $19.64 $19.64 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 1151 VALVE BOX EA 2 $143.92 $287.84 1153 VALVE BOX LID / SEWER EA 2 $53.94 $107.88 1955 GREEN LOCATE WIRE EA 1 $223.08 $223.08 111 2" SDR 9 PEX-A POLY LF 100 $6.25 $625.00 895 2" S.S. INSERTS EA 2 $2.08 $4.16 1943 80 LB BAG OF CONCRETE EA 8 $9.39 $75.12 1157 TRACE WIRE PORT EA 2 $71.47 $142.94 1 2" NUT VALVE THREAD X THREAD EA 1 $375.79 $375.79 458 BRASS MEDALLION 2" VALVE EA 1 $16.40 $16.40 460 BRASS MEDALLION 4" VALVE EA 1 $16.40 $16.40 TOTAL $3,952.69 268 S2S Projects in Existing Right of Way #3 WASHINGTON STREET ITEM # MATERIAL UNIT QTY COST TOTAL NON -CONTRACT 10"X4" TAPPING SLEEVE EA 1 ESTIMATED $1,100.00 $1,100.00 10 4" TAPPING VALVE EA 1 $776.85 $776.85 1331 4"X2" TAP PLUG EA 1 $56.09 $56.09 731 4" MJ KIT EA 1 $19.64 $19.64 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 1151 VALVE BOX EA 2 $143.92 $287.84 1153 VALVE BOX LID / SEWER EA 2 $53.94 $107.88 1955 GREEN LOCATE WIRE EA 1 $223.08 $223.08 111 2" SDR 9 PEX-A POLY LF 2001 $6.25 $1,250.00 895 2" S.S. INSERTS EA 2 $2.08 $4.16 1943 SOLB BAGS OF CONCRETE EA 8 $9.39 $75.12 1157 TRACE WIRE PORTS EA 2 $71.47 $142.94 1 2" NUT VALVE THREAD X THREAD EA 1 $375.79 $375.79 458 BRASS MEDALLION 2" VALVE EA 1 $16.40 $16.40 460 BRASS MEDALLION 4" VALVE EA 1 $16.40 $16.40 TOTAL $4,577.69 #4 SEBASTIAN BLVD & SOUTH WIMBROW DRIVE ITEM # MATERIAL JIUNIT� QTY COST TOTAL 680 4"X2" SADDLE EA 1 $134.90 $134.90 404 2" BRASS BALL CORP MALE X GRIP EA 1 $209.23 $209.23 111 2" SDR 9 PEX-A POLY LF 300 $6.25 $1,875.00 895 2" S.S. INSERTS EA 2 $2.08 $4.16 365 2" BRASS ADAPTOR MALE X GRIP EA 1 $62.75 $62.75 1 2" NUT VALVE THREAD X THREAD EA 1 $375.79 $375.79 1955 GREEN LOCATE WIRE EA 1 $223.08 $223.08 1943 80LB BAGS OF CONCRETE EA 4 $9.39 $37.56 1157 TRACE WIRE PORT EA 1 $71.47 $71.47 1151 VALVE BOX EA 1 $143.92 $143.92 1153 VALVE BOX LID / SEWER EA 1 $53.94 $53.94 458 BRASS MEDALLION 2" VALVE EA 1 $16.40 $16.40 TOTAL $3,208.20 269 S25 Projects in Existing Right of Way #5 LOUISIANA AVE BETWEEN 512 ITEM # MATERIAL UNIT QTY COST TOTAL 8 4" GATE VALVE MJ X MJ EA 1 $615.79 $615.79 1307 4" MJ SOLID PLUG EA 1 $30.51 $30.51 731 4" MJ KITS EA 3 $19.64 $58.92 1578 4" MEGA LUGS PVC EA 2 $31.27 $62.54 1602 4" BELL RESTRAINTS EA 4 $45.72 $182.88 1950 SEWER LOCATE TAPE EA 1 $34.93 $34.93 1955 GREEN LOCATE WIRE EA 1 $223.08 $223.08 1151 VALVE BOX EA 1 $143.92 $143.92 1153 VALVE BOX LID/ SEWER EA 1 $53.94 $53.94 1157 TRACE WIRE PORT EA 1 $71.47 $71.47 1122 4" DR 18 C900 GREEN PIPE LF 560 $7.18 $4,020.80 1943 80LB BAGS OF CONCRETE EA 4 $9.39 $37.56 460 BRAS MEDALLION 4" VALVE EA 1 $16.40 $16.40 TOTAL $5,552.74 #6 HIGH STREET & TAFT STREET AREA ITEM # MATERIAL UNIT CITY COST TOTAL NON -CONTRACT 20"X4" TAPPING SLEEVE EA 1 ESTIMATED $2,500.00 $2,500.00 10 4" TAPPING VALVE EA 1 $776.85 $776.85 8 4" GATE VALVE MJ X MJ EA 2 $615.79 $1,231.58 1307 4" MJ SOLID PLUG EA 2 $30.51 $61.02 1199 4" 90 DEGREE P-401 MJ X MJ EA 2 $235.66 $471.32 1187 4" 45 DEGREE P-401 MJ X MJ EA 2 $217.95 $435.90 1479 4"X4" TEE P-401 MJ X MJ EA 1 $267.15 $267.15 731 4" MJ KITS EA 16 $19.64 $314.24 1578 4" MEGA LUG PVC EA 14 $31.27 $437.78 1602 4" BELL RESTRAINTS EA 10 $45.72 $457.20 1950 SEWER LOCATE TAPE EA 2 $34.93 $69.86 1955 GREEN LOCATE WIRE EA 4 $223.08 $892.32 1943 80LB BAGS OF CONCRETE EA 12 $9.39 $112.68 1151 VALVE BOX EA 3 $143.92 $431.76 1153 VALVE BOX LID / SEWER EA 3 $53.94 $161.82 1122 4" DR 18 C900 GREEN PIPE LF 1800 $7.18 $12,924.00 1157 TRACE WIRE PORT EA 3 1 $71.47 $214.41 460 BRASS MEDALLION 4" VALVE EA 3 1 $16.40 $49.20 TOTAL $21,809.09 270 S2S Projects in Existing Right of Way # 7 OLD DIXIE HWY - SOUTH OF 512 ITEM q MATERIAL UNIT QTY COST TOTAL 1122 4" DR 18 C900 GREEN PIPE LF 700 $7.18 $5,026.00 8 4" GATE VALVE MJ X MJ EA 1 $615.79 $615.79 1307 4" MJ SOLID PLUG EA 1 $30.51 $30.51 731 4" MJ KITS EA 3 $19.64 $58.92 1578 4" MEGA LUG PVC EA 4 $31.27 $125.08 1602 4" BELL RESTRAINTS EA 4 $45.72 $182.88 1950 SEWER LOCATE TAPE EA 1 $34.93 $34.93 1955 GREEN LOCATE WIRE EA 2 $223.08 $446.16 1151 VALVE BOX EA 1 $143.92 $143.92 1153 VALVE BOX LID/SEWER EA 1 $53.94 $53.94 1943 80LB BAGS OF CONCRETE EA 4 $9.39 $37.56 1157 TRACE WIRE PORT EA 1 $71.47 $71.47 460 BRASS MEDALLION 4" VALVE EA 1 1 $16.40 $16.40 TOTAL $6,843.56 ESTIMATED GRAND TOTAL $52,239.49 271 S2S Projects Where Easements Are Required #E1 11515 OLD DIXIE HWY ITEM # MATERIAL UNIT CITY COST TOTAL # 111 2" SDR 9 PEX-A POLY LF 400 $6.25 $2,500.00 # 713 6"X4" TAPPING SLEEVE EA 1 $655.32 $655.32 # 10 4" TAPPING VALVE EA 1 $776.85 $776.85 # 1331 4"X2" MJ TAP PLUG EA 1 $56.09 $56.09 # 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 # 895 2" S.S. INSERTS EA 2 $2.08 $4.16 # 1 2" NUT VALVE FEMALE X FEMALE EA 1 $375.79 $375.79 # 1151 VALVE BOX EA 2 $143.92 $287.84 # 1153 VALVE BOX LID / SEWER EA 2 $53.94 $107.88 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1955 LOCATE WIRE/GREEN EA 1 $223.08 $223.08 # 1943 80 LB BAG OF CONCRETE EA 8 $9.39 $75.12 # 458 2" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 # 460 4" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 TOTAL $5,363.37 #E2 CLEVELAND STREET ITEM # MATERIAL UNIT CITY COST TOTAL # 111 2" SDR 9 PEX-A POLY LF 200 $6.25 $1,250.00 # 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 # 1 2" NUT VALVE FEMALE X FEMALE EA 1 $375.79 $375.79 # 1955 LOCATE WIRE/GREEN EA 1 $223.08 $223.08 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1151 VALVE BOX EA 2 $143.92 $287.84 # 1153 VALVE BOX LID/SEWER EA 2 $53.94 $107.88 # 1943 80 LB BAG OF CONCRETE EA 8 $9.39 $75.12 # 458 2" VALVE BRASS MEDALLION EA 2 $16.40 $32.80 # 895 2" S.S. INSERTS EA 2 $2.08 $4.16 TOTAL $2,625.11 272 S2S Projects Where Easements Are Required #E3 1016 INDIAN RIVER DRIVE ITEM # MATERIAL UNInl CITY COST TOTAL NON -CONTRACT 10"X4" TAPPING SLEEVE EAESTIMATED 1 $1,100.00 $1,100.00 # 10 4" TAPPING VALVE EA 1 $776.85 776.85 # 1331 4"X2" TAP PLUG EA 1 $56.09 $56.09 # 731 4" MJ KIT EA 1 $19.64 $19.64 # 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 # 1151 VALVE BOX EA 2 $143.92 $287.84 # 1153 VALVE BOX LID/SEWER EA 2 $53.94 $107.88 # 1955 LOCATE WIRE/GREEN EA 1 $223.08 $223.08 # 111 2" SDR 9 PEX-A POLY LF 200 $6.25 $1,250.00 # 895 2" S.S. INSERTS EA 2 $2.08 $4.16 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1 2" NUT VALVE FEMALE X FEMALE EA 1 $375.79 $375.79 # 1943 80 LB BAG OF CONCRETE EA 8 $9.39 $75.12 # 458 2" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 # 460 4" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 TOTAL $4,577.69 #E4 1137 US-HWY 1 ITEM # MATERIAL UNIT CITY COST TOTAL NON -CONTRACT 12" X 4" TAPPING SLEEVE EA 1 ESTIMATED $1,200.00 $1,200.00 # 10 4" TAPPING VALVE EA 1 $776.85 $776.85 # 1602 4" BELL RESTRAINTS EA 4 $45.72 $182.88 # 8 GATE VALVE MJ X MJ EA 1 $615.79 $615.79 # 1199 4" P-401 90 DEGREE MJ FITTING EA 4 $235.66 $942.64 # 1578 4" MEGA LUG PVC EA 10 $31.27 $312.70 # 731 4" MJ KITS EA 10 $19.64 $196.40 # 1122 4" DR 18 C900 GREEN PIPE LF 680 $7.18 $4,882.40 # 1955 LOCATE WIRE/GREEN EA 2 $223.08 $446.16 # 1950 LOCATE MAIN TAPE/SEWER EA 2 $34.93 $69.86 # 1307 4" MJ SOLID PLUG EA 1 $30.51 $30.51 # 1151 VALVE BOX EA 2 $143.92 $287.84 #1153 VALVE BOX LID/SEWER EA 2 $53.94 $107.88 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1943 80 LB BAGS OF CONCRETE EA 8 $9.39 $75.12 # 460 4" VALVE BRASS MEDALLION EA 2 $16.40 $32.80 TOTAL $10,302.77 273 S2S Projects Where Easements Are Required #E5 1527 INDIAN RIVER, DRIVE ITEM # MATERIAL UNIT CITY COST TOTAL # 111 2" SDR 9 PEX-A POLY LF 400 $6.25 $2,500.00 NON -CONTRACT 10" X 4" TAPPING SLEEVE EA 1 ESTIMATED $1,100.00 $1,100.00 # 10 4" TAPPING VALVE EA 1 $776.85 $776.85 # 1331 4" X 2" MJ TAP PLUG EA 1 $56.09 $56.09 # 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 # 1 2" NUT VALVE FEMALE X FEMALE EA 1 $375.79 $375.79 # 1955 LOCATE WIRE/GREEN EA 1 $223.08 $223.08 # 1151 VALVE BOX EA 2 $143.92 $287.84 # 1153 VALVE BOX LID/SEWER EA 2 $53.94 $107.88 # 895 2" S.S. INSERTS EA 2 $2.08 $4.16 # 1157 WIRE PORTS EA 2 $71.47 $142.94 # 1943 80 LB BAGS OF CONCRETE EA 8 $9.39 $75.12 # 460 4" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 # 458 2" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 # 731 4" MJ KITS EA 1 $19.64 $19.64 TOTAL $5,827.69 #E6 1613 US-HW'(1 ITEM # MATERIAL UNIT CITY COST TOTAL NON -CONTRACT 12" X 4" TAPPING SLEEVE EA 1 ESTIMATED $1,200.00 $1,200.00 # 10 4" TAPPING VALVE EA 1 $776.85 $776.85 # 1331 4" X 2" MJ TAP PLUG EA 1 $56.09 $56.09 # 365 2" BRASS ADAPTOR MALE X GRIP EA 2 $62.75 $125.50 # 731 4" MJ KIT EA 1 $19.64 $19.64 # 895 2" S.S. INSERTS EA 2 $2.08 $4.16 # 111 2" SDR 9 PEX-A POLY LF 100 $6.25 $625.00 # 1955 LOCATE WIRE/GREEN EA 1 $223.08 $223.08 # 1151 VALVE BOX EA 2 $143.92 $287.84 # 1153 VALVE BOX LID/SEWER EA 2 $53.94 $107.88 # 1157 WIRE PORT EA 2 $71.47 $142.94 # 1943 80 LB BAGS OF CONCRETE EA 8 $9.39 $75.12 # 1 2" NUT VALVE FEMALE X FEMALE EA 1 $375.79 $375.79 # 460 4" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 # 458 2" VALVE BRASS MEDALLION EA 1 $16.40 $16.40 TOTAL $4,052.69 GRAND TOTAL $32,749.32 274 Indian River County, Florida *�A* MEMORANDUM File ID: 25-0490 lksl Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Type: Administrators Matters Meeting Date: 4/22/2025 TO: The Honorable Members of the Board of County Commission FROM: John A. Titkanich, Jr., County Administrator DATE: April 14, 2025 SUBJECT: Executive Session to Discuss IAFF Negotiations for the Battalion Chief Unit BACKGROUND Staff has scheduled an executive session (as allowed under F.S. 447.605) with the Board to discuss negotiations with the IAFF for the Battalion Chief unit. The meeting will be held on April 22, 2025, immediately following the regular meeting of the Board of County Commissioners. This meeting is exempt from F.S. 286.011. Discussions are limited to matters related to the negotiations. Members of the bargaining committee that will be present at the executive session include: Suzanne Boyll, Director of Human Resources; Michael Zito, Deputy County Administrator; David Johnson, Director of Emergency Services; Kristin Daniels, Budget Director; Labor Attorney, Benton Wood; and County Administrator, John Titkanich. Indian River County, Florida Page 1 of 1 Printed on 4/17/2025 powered by LegistarT" 277 Indian River County, Florida * * MEMORANDUM �RIpA File ID: 25-0491 TO: FROM: DATE: SUBJECT: Type: Administrators Matters Members of the Board of County Commissioners John A. Titkanich, Jr., County Administrator April 14, 2025 acl Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 Executive Session to Discuss IAFF Negotiations - Rank and File Unit BACKGROUND Staff has scheduled an executive session (as allowed under F.S. 447.605) with the Board to discuss negotiations with the IAFF for the Rank and File unit. The meeting will be held on April 22, 2025, immediately following the executive session with the Board of County Commissioners regarding the Battalion Chief unit. This meeting is exempt from F.S. 286.011. Discussions are limited to matters related to the negotiations. Members of the bargaining committee that will be present at the executive session include: Suzanne Boyll, Director of Human Resources; Michael Zito, Deputy County Administrator; David Johnson, Director of Emergency Services; Kristin Daniels, Budget Director; Labor Attorney, Benton Wood; and County Administrator, John Titkanich. Indian River County, Florida Page 1 of 1 Printed on 4/16/2025 powered by LegistarT 278 PA) Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 * ' * indianriver.gov MEMORANDUM File ID: 25-0375 Type: Department Staff Report Meeting Date: 4/22/2025 TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator FROM: Beth Powell, Parks, Recreation & Conservation Director DATE: April 2, 2025 SUBJECT: Indian River County Parks and Recreation Master Plan 2025-2035 BACKGROUND On August 20, 2023, the Indian River County Board of County Commissioners approved RFP 2023-042 and awarded PROS Consulting, Inc. an Agreement to develop Indian River County's first 10 -year Parks and Recreation Master Plan (Plan). The Plan was funded through County Impact Fees in the amount of $148,962. ANALYSIS The Parks and Recreation Master Plan serves as a strategic framework to guide the County in addressing the needs of its residents and visitors over the next decade. This document lays the groundwork for achieving service excellence across various divisions within the Parks, Recreation, and Conservation Department. Spanning a 10 -year period, the Plan aims to optimize resource use, promote environmental and human resource sustainability, and guide the responsible planning and development of future parks to accommodate a growing population. It also seeks to address the evolving needs of County residents, prioritize the allocation of resources to the most pressing recreational demands, and stimulate economic growth through eco -tourism and sports tourism. Ultimately, the Plan provides a clear and strategic direction for the County's future. Throughout the development of the Plan, staff and consultants gathered community input through forums, meetings, and individual phone calls. Key stakeholders were interviewed, and two community surveys were conducted to ensure that public feedback was incorporated into the Plan. BUDGETARY IMPACT There are no immediate budget impacts outside of the approved Capital Improvement Element of the Comprehensive Plan updated and approved by the Board on February 25, 2025. Operating impacts will be addressed through normal budget planning efforts. PREVIOUS BOARD ACTIONS 23-0884 - 11/26/23 - Informational Report - Parks and Recreation Maser Plan Kickoff Public Meeting Indian River County, Florida Page 1 of 2 Printed on 4/16/2025 powered by i_egistar1279 September 27, 2023 23-0741 - 8/29/23 - Consent - Agreement, Conservation Lands, Master Plan, Parks, Recreation, RFP/RFQ STRATEGIC PLAN ALIGNMENT Quality of Life OTHER PLAN ALIGNMENT Indian River County 2008 Comprehensive Plan Evaluation and Appraisal Report A copy of the Indian River County Parks and Recreation Master Plan 2025-2035 is available to view in the Board of County Commissioners' Office. STAFF RECOMMENDATION Staff respectfully requests that the Board approve the Draft Indian River County Parks and Recreation Master Plan 2024-2034 and authorize the Parks, Recreation, and Conservation Director to approve any minor modifications necessary to finalize the Plan for publication which would address any discovered errors or omissions that do not significantly alter the intent of the Plan. ATTACHMENTS Draft Indian River County Parks and Recreation Master Plan 2025-2035 Indian River County, Florida Page 2 of 2 Printed on 4/16/2025 powered by Legistarn 280 Item H.A.1. 4i22/2025 f ,r 1 3 Key Steps in the Process Where Are We Today? Open space preservation anc lysis Park assessment Levels of services standards GIS mapping Benchmarking 4 • Create a plan that is grounded in inclusive and accessible community engagement • Outline a strategy for parks, recreation and greenspaces that is equitable to the entire community • Utilize a wide variety of data sources and best analytical practices • Enhance the environmental resiliency of Indian River County by leveraging parks and greenspaces • Shape the financial sustainability and organizational excellence • Develop a dynamic and realistic strategic action plan Where Are We Going Tomorrow? Community engagement needs analysis Community surveys Program analysis Demographics & recreation trends analysis review Operations and staffing review How Do We Get There? Needs prioritization Capital development planning Financial planning Funding and revenue planning Strategic action plan implementation 280.2 Community and Stakeholder Engagement Statistically Valid 7rviewlsSurvey Ora IRC Parks Public and Meetings Recreation Master Plan Online Survey Consultant Expertise conFL EnCE Item H.A.1. 4/22/2025 m Leadership and Stakeholder Input o Parks are well maintained Some amenities are tired and need refreshing Connectivity within the County is important and could be a great opportunity Possibility of West Regional Park Managing perceived and/or real equity issues between north and south county Potentially more county -driven water recreation opportunities I I 10 Survey Results Headlines Item H.A.1. 4/22/2025 Response goal = 400 responses Actual response = 402 +/- 4.9 @ 95% confidence ❖ Parks and facilities are heavily used, with the most being Indian River County Fairgrounds, Round Island Riverside Park, and Golden Sands Beach Park. ❖ Parks and facilities with the highest condition ratings were the IG Center (96%), Lone Pine Park (93%), and North County Aquatic Center (91 %). ❖ Thirty-eight percent (38%) of respondents reported to have participated in County programs and events within the last year. ❖ The top three facility/amenities desired with the most indicated unmet need are 1. Trails 2. Small neighborhood parks 3. Open space / conservation areas Q10. Facilities/Amenitie bypecentageof wh Accessible parkslwalking tra is mufti -we paved & unpaved trails Open Space conservation arm Envirn nentallnahrreeducaWncenter Ocg park shaded picnic area& shotes urge regional parts smelt n ft%bcniwod parks [ommunirycenter Playgrounds outdoors tmmkg pod Large community parks in unincorporated areas Outdoor exerdse/I16Kss area Splash pads Target range. Mountain bike brad Parks In unincorporated areas Campgrounds sham pfayareas -- Outdoor racket sports Observatory. indoor basketbafl/voleyybw owworts S piscgolf `.4% lighted diamond sports fields :`; a% Oubdbor courts ' ... 4% Lighted rectangular spottsNWS n 3% Pump track BMX park EquestrWstable 2% criti tpitch a% 0% 34% 12M I 21% 14% IB% _t 26% �� us zk:.. 10% 101{ -a= Jos 4�R 7% 7% IS% 30% 4S% nTopchoke 02nddroce 03rdchoice >`4th choice r7l Item H.A.I. 4/22/2025 tQ12, Programs Most Imortant to Households. by percentage of respondents who selectedthe- Adult fitness & wellness programs Outdoor environmental education/nature camps & programs County special events Senior programs Cultural enrichment programs _ Liytttise classes .. .. .. .. .. 7pr leagues ' AduRJlswlai[ilttalks programsi' .: water fitness programs/lap swimmh'W After-sciwd programs foryouth of all ages: - i19tu leaguer: . STEM classes .. . Adult performing arts programs, Swim lessons - Youth sports programs & camps Teen/tween programs . Tennis/pfckleball lessons & leagt*,:,- Programs for people with special r Youth summer programs Or Educational Preschool programs/early childhood Youth performing arts virtual Recreation/competitive eGaming/eSPo4� _.... .. �.. .µ . +RS.•+eiWoo" 12 Item H.A.1. 4/22/2025 Q16. Based on your perception of value, how would you want the County to fund future parks, recreation, trails and open space needs? by percentage of respondents (excluding "not provided") increase fundinl 60% 87% support existing or increased funding levels 13 Ire Q18. Which FOUR actions from the list In Question 17 would you be MOST to fund? - dry parcentme of respondents who selected the Ib ` _ .. Develop new walking trails (pho" parks infrastructure iImprove existing trail system y Improve existing restrooms in parks '. . Improve existing playgrounds Develop adventure park/zipline/climbing tower Develop a. new outdoor exercise/fitness area Improve existing picnic shelters/pavilions. Develop/upgrater Develop spaelfgrpgoormanc ams/the�eer Develop new areas for leisure games/activitrcr Develop a new multiuse community centei -' Develop new BMX park/bikepump track' Develop new ilad `y its arena.;,. :: _•: - Develop a rie*ap,00complex,; > - - . . - Improve existing athletic fields". Improve existing indoor recreation space.! . Improve existing outdoor basketball/tennis count' Key Learnings ❖ Parks and recreational facilities are highly valued ❖ Users represent broad segments of the community :• Recently developed amenities and facilities are best -in -class ❖ Need to focus on revitalization of current parks ❖ Trails and connectivity are a major priority ❖ Need more awareness about County parks and programs ❖ Role of County in providing neighborhood parks ❖ Growing interests need to be addressed ■ Expanded programming (i.e. adult fitness, outdoor programs, special events) ■ Access to natural areas and trails ■ Open space and conservation are huge priorities 15 Item H.A.1. 4/22/2025 16 W'101 P Item H.A.1. 4/22/2025 Park Site Assessments • We have conducted site assessments for each of Indian River County's 32 parks. • Each of these parks have been assigned a rating based on the following criteria: • Proximity, access & linkages • Comfort and image .9 Uses, activity & sociability • Buildings & architecture • The NRPA 3 Pillars — Health/Wellness, Conservation, & Social Equity • Each of these ratings reflect an total average score per park as well as a total average score of the parks system as a whole. Conservation Land Assessments • General description • Size • Approximate coverage of ecozones • Existence of buffer zones • Degree of encroachment • Grade of presence of invasives • Current or recent restoration activities onsite • Short and long-term management goals • Predominant usages • Site impacts on environment • Environmental education opportunities • User groups • Critical Issues/Priorities • Management issues • Item H.A.1. 4/22/2025 Level of Service Analysis (County + City) • Acreage Level of Service — Park Acres per 1,000 population • Indoor Square Footage — Indoor Center Square Feet per capita • Access Level of Service (Equity Mapping) — Percentage of Population with access to parks/ indoor centers within various distances • Facilities Level of Service — Ratio of Population per Facility 19 N11 Item H.A.1. 4/22/2025 21 Recreation Program Assessment Summary of Analysis • IRC is an agency with an expansive program portfolio • Over 45 different program and service offerings across multiple core program areas • Core Program Areas • Adult Activities / Enrichment • Adult Sports • Education / Safety • Fitness and Wellness • Professional Development • Special Events • Youth Activities / Enrichment • Youth Sports 22 Recreation Program Assessment Community Input Results Yop Pkorlties(or investment for Programs Based on Highest priorities for programs: Priority lnvestm"% • Adult fitness and wellness AduRTifiess&weRneasproge �. oiil MledY OoWnature camps &prog _._. • Outdoor environmental .. �°" "'p"`eGas°" - � � Exercise classes _. education nature camps .. programs erichmem programs �1 r AdYk vis -1 artsArafts programs • County special events Water fimeu progmmsAap-imming Educational parlrrerships STEM classes 96 • Exercise classes PUteball kssons or leag°es - Adult performing arts pragran.: 91 AduRsportsleag— .. • Senior programs prow— for youth of all age> Medium PrioritV %en/tween progran)s at • Cultural enrichment programs . Svrim lersons Youthsportsprogrems&camps t 74 programs for people with specialneeds73 • Adult visual arts/crafts Te"nblpickkbatll"'°ns&kag"e, 72 room rammer programs &camp:67 programs preschool prognms/e:1, childhood education Tputh fit—& vrcgness classes '►oath performing arts programs 63 Youth visual arts/crafts programs Yrtual programs Robotics Recreati.vcompeliMe swim team (0-50) eGaming/egports 23 24 Gls, Item H.A.1. 4/22/2025 dncy-46agement t' Leadership mart Government w. 25 ... 26*... _a . Vision and Mission � _ -,; ... . Aconnected system of parks and public spaces the lives our residents, economic dev of promotes and sets the standard of excellence in public servt' =t : *to -. support healthy lifestyles and access to high quality public `. park and recreation facilities and programs, and to preserve v"t critical natural resources and open s MFi0.r Pe Pa�iUA1; overall resiliency of Indian River County P 1 Customer Service Inclusivity and Accessibility _ '70amti1t dncy-46agement t' Leadership mart Government w. 25 ... 26*... _a . Item H.A.1. 4/22/2025 Levels of Service Vision Tools • Neighborhood parks • Regional/community parks a • Indoor facilities • Dog parks • Playgrounds • Outdoor fitness equipment • Tennis courts,, Capital Improvement Strategies • Updating / upgrading existing amenities such as pavilions, playgrounds and restroom facilities Updating / upgrading existing infrastructure such as parking, Improving Existing lighting and signage Parks • Adding new amenities to improve visitor experiences • Improving connectivity, accessibility and usability of the parks 1 — 5 Years Item H.A.1. 4/22/2025 Capital Improvement Strategies • Build -out of Indian River County Fairgrounds as a more robust regional park • Developing a splash Expanding the System park/aquatic facility in the 3 — 7 Years southern region of the county • Developing new neighborhood parks to better serve growing residential areas and underserved areas of the county 29 Capital Improvement Strategies 30 Item H.A.I. 4/22/2025 Funding and Revenue Strategies • Corporate Sponsorships / Advertising Sales • Tax Incremental Financing (TIF) • Developer Impact Fees • Developer Land Dedication Ordinances • Transient Tax • Sales Tax • Growth of Private Sector Fundraising with a Foundation • Greenway Utilities • Naming Rights • Lease of Development Rights 31 Six Strategic Initiatives • Partnership with a Non-profit Conservancy or Friends Group • Capital Fees • BUILD Grants • Revenue Bonds • Interlocal Agreements a!l 32 /i • Item H.A.1. 4/22/2025 Indian River County, Florida * * MEMORANDUM File ID: 25-0478 1A I Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Type: Department Staff Report Meeting Date: 4/22/2025 TO: Board of County Commissioners THROUGH: John Titkanich, Jr.; County Administrator FROM: Chris Balter; Planning and Development Services Director DATE: April 8, 2025 SUBJECT: Proposed Fee for Reviewing and Approving Developer's Agreements BACKGROUND Currently, the County does not charge a dedicated fee for reviewing and approving developer's agreements. These agreements typically involve multiple county departments -such as Planning, Engineering, Utilities, Parks, and Legal -and can require significant staff time and resources. Because no specific fee is assessed, multiple County funds absorb these costs. As a result, all taxpayers, rather than only those receiving direct benefit from the development, bear the financial responsibility. ANALYSIS Charging a fee for reviewing and approving developer's agreements aligns with standard cost -recovery principles and ensures that the private sector, rather than the general public, covers expenses tied to private development. Similar jurisdictions regularly employ fee schedules to offset staff hours, consultant fees, and administrative overhead. Implementing a cost -recovery mechanism would: • Promote Equity: Assigning fees to those generating the workload upholds the principle that costs should be borne by the primary beneficiaries. • Enhance Fiscal Responsibility: The new fee would prevent reliance on general fund revenues, preserving taxpayer dollars for broader public initiatives. • Improve Transparency: A well-defined fee structure, communicated to developers in advance, clarifies the cost obligations and fosters smoother project planning. Although some concerns may arise about potentially deterring development, most well-designed, reasonable fees do not discourage legitimate projects. Instead, they provide predictability and help ensure that development costs are accurately priced into the project's overall budget. BUDGETARY IMPACT By implementing a fee for developer's agreement reviews, the County stands to recoup a significantly amount Indian River County, Florida Page 1 of 2 Printed on 4/17/2025 powered by t_egistarTM 281 of expenses incurred as a result of review these agreements. Currently, staff time, external review costs, and related expenditures (legal advertisement and recording fees) for private development reviews deplete resources, primarily in the MSTU Fund, that could otherwise support publicly beneficial services. A dedicated fee schedule would help to recapture these expenses, making the process more sustainable and equitable for the County's taxpayers. Over time, this policy would likely generate measurable savings for the MSTU Fund budget and free up funds for other community programs or capital improvements. PREVIOUS BOARD ACTIONS The County's fee schedule(s) was most recently revised during the Board's regular meeting on May 21, 2024, where staff presented a recommendation to amend the County's fee schedule(s) to permit the waiver of certain development application and inspection fees for affordable housing projects. After thorough consideration and discussion, the Board of County Commissioners approved the modification, thereby reinforcing the County's commitment to supporting affordable housing initiatives. POTENTIAL FUTURE BOARD ACTIONS N/A STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the revised fee schedule to help recover costs associated with reviewing and approving developer's agreements, and approve depositing these proceeds into the MSTU Fund. ATTACHMENTS 1. Draft Fee Resolution Indian River County, Florida Page 2 of 2 Printed on 4/17/2025 powered by LegistarT° 282 RESOLUTION NO. 2025 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A REVISED DEVELOPMENT REVIEW FEE SCHEDULE FOR PLANNING AND DEVELOPMENT SERVICES FOR DEVELOPER'S AGREEEMENTS. WHEREAS, the Board of County Commissioners has the authority to establish fees pursuant to Florida Statutes Chapter 125; and WHEREAS, in an effort to help offset the costs associated with reviewing and approving developer's agreements in Indian River County, the Board of County Commissioners agrees to adopt a new application fee for the review and approval of developer's agreements; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that the attached Planning and Development Services fee schedule (see Exhibit "A") is hereby adopted. The effective date of the f es contained in the subject fee schedule is April 22, 2025. Exhibit "A" is hereby attached and incorporated as part of this resolution. PASSED AND ADOPTED on this 22nd d f April, 2 The foregoing resolution was offered by Commissioner d the motion was seconded by Commissioner . and upon be m* to a vote. the vote was as follows: Chairman Joseph E. Vice Chairman D 1z" Earman Commissioner L`Wa Moss The Chairman thereupon declared the resolution duly passed and adopted this 22nd day of April, 2025. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY MX Joseph E. Flescher, Chairman Attachment 1 1 283 RESOLUTION NO. 2025 - ATTEST: Ryan L. Butler, Clerk of Court and Comptroller BY: Deputy Clerk State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and St ast aforesaid this day of , 2025. Public APPROVED AS TO LEGAL Susan J. Prado, APPROVED AS TO PLANIWGfATTERS Chris Balter, Planning & Development Services Director Attachment 1 2 284 EXHIBIT "A" FEE SCHEDULE BCC Approved: 4-22-2025 / Effective Date: 4-22-2025 Planning Development Application Fees APPLICATION TYPE FEE RE -REVIEW FEE Pre -application Site Plan and PD Free N/A Pre -application Subdivision $750.00 N/A Administrative Approval (AA) $400.00 $100.00 Administrative Approval Fence/Wall $150.00 $37.50 Affidavit of Exemption (AOE) $2,200.00 $550.00 Minor Site Plan $1,100.00 $275.00 Major Site Plan Staff Level Less than 5 acres $2,200.00 $550.00 5-10 acres $2,600.00 $650.00 10 acres or more $3,000.00 $750.00 Major Site Plan Planning & Zoning Commission Less than 5 acres $2,500.00 $625.00 5-10 acres 12,900.00 $725.00 10 acres or more JFS3,300.00 $825.00 Special Exception (includes site plan fee) Less than 40 acres .00 N$4,00 $925.00 40-100 acres $1,150.00 Over 100 acres + $50.00 for each additional 25 acres $5,500.00 $1,375.00 over 100 agLes Conceptual PD Less than 20 ac $2,700.00 $675.00 $3,500.00 $875.00 Over 40 acres + $100.00 for each ad Wa $4,500.00 $1,125.00 PD Rezoning Less n acres $ 3,000.00 $750.00 0-40 acres $ 4,000.00 $1,000.00 Over 40 acres + $100.00 for each al 25 acres $5,000.00 $1,250.00 over 40 acres Preliminary PD or Plat Less than 20 acres $1,500.00 $375.00 20-40 acres $2,000.00 $500.00 Over 40 acres + $100.00 for each additional 25 acres $2,500.00 $625.00 over 40 acres Concurrent PD Rezoning/Conceptual Plan and Combine above N/A Preliminary Plan Request applicable fees and subtract $400.00 Concurrent PD Conceptual Special Exception and Combine above N/A Preliminary Plan Request applicable fees and subtract $400.00 Final Plat or PD $2,300.00 $575.00 Attachment 1 1 285 EXHIBIT "A" FEE SCHEDULE BCC Approved: 4-22-2025 / Effective Date: 4-22-2025 Planning Development Application Fees (Cont'd) APPLICATION TYPE FEE RE -REVIEW FEE Temporary Suspension of Compliance for CO or CC $100.00 N/A (does not cover extra inspections necessary for final items completed later) Right-of-way Abandonment $1,000.00 $250.00 Plat Vacation $1,400.00 $350.00 Appeal by Affected Party $900.00 N/A Appeal of Staff Determination not related to $800.00 N/A development application Temporary Use Permit $150.00 $37.50 Temporary Use Renewal $100.00 N/A Zoning Confirmation Letter & Code Compliance $75.00 N/A Determination Unity of Title Af IW50.00 N/A Dissolution of Unity of Title N.00 $25.00 Variance $1,000.00 qK $75.00 N/A Deminimus Variance (staff approval) N/A LDR Amendment $1,500.00 N/A Developer's Agreement $2,500.00 N/A Development of Regional Impact Reviews Residential t 40 acres $3,300.00 N/A 40 acres or more + $150.0 r eac al 25 $3,300.00 N/A acres r 40 acres Commercial/Mixed Use Less than 500,000 sq. ft. of building area $3,900.00 N/A 500,000 sq. ft. or more + $300.00 for each additional $3,900.00 N/A 50,000 sq. ft. over 500,000 sq. ft. Substantial Deviation Same formula as N/A original fee Minor Amendment (NOPC) $1,500.00 N/A Annual Report Review (As State Law Provides) $500.00 N/A Notes: 1. Re -review fees apply at the time of the 2nd re -review (3rd staff review of project plans) and are charged for each subsequent review. Each re -review fee is based on 25% of the initial application fee. 2. An amendment or revision to an already approved Developer's Agreement requires payment of an entirely new fee. 3. Application and/or inspection fees for any of the above -referenced items may be waived by the Planning & Development Services Director for affordable housing projects. Attachment 1 2 286 EXHIBIT "A" FEE SCHEDULE BCC Approved: 4-22-2025 / Effective Date: 4-22-2025 Long Range Planning Fees APPLICATION TYPE FEE Rezoning (RZON) $3,000.00 Land Use Designation Amendment (LUDA) (for property 10 acres in size and larger) $5,000.00 Luda and Rezoning Combination $6,000.00 Small Scale LUDA (for property less than 10 acres in size) $3,000.00 LUDA or RZON pre -application with staff $0.00 Comprehensive Plan Text Amendment (CPTA) $3,000.00 Commercial and Multi -Family Concurrency (conditional or initial/final) $150.00 Single -Family Concurrency (RSF) $75.00 Impact Fee Refund $0.00 Concurrency Determination Appeal $200.00 Vested Right Appeal $400.00 Application for proportionate Fair Share Mitigation *$325.00 **$580.00 ***$100.00 *If link is in the CIE ** If link is not in the CIE ***additional link cost Impact Fees Individual Assessment $0.00 Traffic Impact Fees Credit Agreement $0.00 Note: Application and/or inspection fees for any ofbove- enced items may be waived by the Planning & Development Services Director for affordable hou g Code Enforcement & Natural ResourcwIfflk APPLI ION FEE CCCL/LONO Letter $200.00 Alcoholic Beverage $75.00 Home Occupation $65.00 Declaration of Covenant $75.00 Release of Easement $120.00 Sign Permit (per sign, not including Milding permit fee) $60.00 Vacation Rental $250.00 Site Plan/PD CO Re -inspection fee (after 2 inspections, each occurrence) $50.00 Dune Vegetation/Maintenance Permit $130.00 Land Clearing (site plan, subdivision, PD) $120.00 Land Clearing (single family residence) $50.00 Tree Removal (site plan, subdivision, PD) $200.00 Tree Removal (single family residence) $50.00 Mining Permit (after site plan approval) $360.00 Pond Permit $150.00 Wetland Resource Permit $300.00 Note: Application and/or inspection fees for any of the above -referenced items may be waived by the Planning & Development Services Director for affordable housing projects. Attachment 1 3 287 Indian River County, Florida * * MEMORANDUM �OR104' File ID: 25-0481 (1Ai Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Type: Department Staff Report Meeting Date: 4/22/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Addie Javed, Ph.D., P.E., CFM, Public Works Director DATE: April 22, 2025 SUBJECT: Follow up: Options for Paving of 32nd Avenue in Gifford Neighborhood BACKGROUND The Board recently directed staff to evaluate paving options for 32nd Avenue north of 43rd Street and to present findings for further review and guidance. At the March 25, 2025 presentation, staff outlined three conceptual options for paving and associated drainage improvements along the corridor. A key concern included a utility manhole protruding in the middle of the accessway near the intersection of 43rd Place and 32nd Avenue. This update provides additional details on engineering, construction schedules, estimated costs, and the potential right-of-way impacts, or shared access alternatives related to this privately maintained street. ANALYSIS Following a detailed survey and assessment of potential impacts to adjacent property owners, the following updates are provided for Board consideration: 32nd Avenue (Access Easement): Under proposed options require a 30 -foot right-of-way, affecting approximately 10 properties and vacant parcels along the corridor. 43rd Place (Private Road): Proposed improvements fall within the existing 30 -foot ingress -egress easement and do not require additional land acquisition. Acquisition of Vacant Parcel(s): County will need to purchase a vacant parcel(s) for a retention pond to help alleviate flooding issues caused by paving. BUDGETARY IMPACT Funding and budget appropriations will be programmed based on the Board's direction. PREVIOUS BOARD ACTIONS Staff report and presentation on March 25, 2025. POTENTIAL FUTURE BOARD ACTIONS Indian River County, Florida Page 1 of 2 Printed on 4/17/2025 powered by Legistarl 288 Approval of Engineering and Construction contracts. STRATEGIC PLAN ALIGNMENT This project supports the County's broader objective to enhance local infrastructure in accordance with the Gifford Neighborhood Plan (GNP). OTHER PLAN ALIGNMENT The project offers a long-term solution for paving and localized flooding, aligns with strategic priorities, and reaffirms the County's commitment to completing outstanding items identified in the Gifford Neighborhood Plan. STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners review the additional analysis provided and offer guidance on the preferred approach for paving 32nd Avenue in the Gifford Neighborhood. A copy of the presentation is available at the Board of County Commissioners' office. ATTACHMENT 1. 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Paving of 43rd Place within an existing �a ny vf_�^,�y.30, ingress -egress easement . Paving of 43rd Place and 32nd Ave (Private street from 43rd Street to 44t" Street) connecting to 31St Ave 3. Option 2 with drainage improvements including along 33rd Ave * This may include a pond on a vacant to 2 212-1 m { vp� Ati Private Streets 04/22/2025 Item 13.J.A.1. 5 Option 2: PPV 43rd Place & 32nd Ingress -egress Easement 0 Private Access / Ownership Ave Paving M 04/22/2025 Item 13.J.A.1. G. xSP�1!�53CfSZSTY1(;t1`; •'` 3 !' fq �v r w �• I _ 'wi � � d^�-..�...�-`-�yf—•..�.�— i ♦ -swyp.pa-t-'T'4 p� � S - �/ q C-��. � ( t I 1 3 04/22/2025 Item 13.J.A.1. 10 gfz ,5 T, a ar_ Era - � I I 'f • J w,, t• ' I � r V • M•w •+ I I r u` • — - • w w•••• w �ww..�'�. w • (f i.ey.TTT•T • Pf E E E J ar• E -l_- •� :• - �µ � use ....1• �,�. N,m,..:r � .. 10 gfz ,5 04/22/2025 Item 13.J.A.1. Property Impacts and Stakes 18 MAIL BOXES 11 12 &ham � _�i'_a�-t+�.-_'• - t` � .`4'�. r e11�1�� 1 w V man /ear amels ar .Ir 04/22/2025 Item 13.J.A.1. Asphalt Aggregate Chips Binder . 1 CHIP SEAL 14 Zq Z -7 21Z,8 i 21Z,8 LA) Indian River County Indian River County, Florida Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov *•�OxioA>« MEMORANDUM File ID: 25-0469 Type: Department Staff Report Meeting Date: 4/22/2025 TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr, County Administrator Sean C. Lieske, Director of Utility Services FROM: Howard G. Richards, PE, Manager - Capital Projects DATE: April 8, 2025 SUBJECT: Review of America's Water Infrastructure Act Risk and Resilience Assessment Updates, IRCDUS Project ID 00.24.518 BACKGROUND Indian River County Department of Utility Services (IRCDUS) provides water, wastewater, and reuse services to major portions of Indian River County (IRC), including the City of Sebastian and Town of Orchid. IRCDUS' water system is the largest in the County with a combined annual average Consumptive Use Permit (CUP) of 12.838 million gallons per day (MGD) that serves a population of over 110,000 across an urban service area (USA) of 96.44 square miles. On October 23, 2018, America's Water Infrastructure Act (AWIA) was signed into law. Section 2013 of AWIA amended the Safe Drinking Water Act (SDWA), to require community water systems (CWSs) serving more than 3,300 people to develop or update risk and resilience assessments (RRAs) and emergency response plans (ERPs). CWSs were required to self -certify, with the U.S. Environmental Protection Agency (US EPA), the completion of their AWIA compliant RRAs and ERPs by specified deadlines based on the population served. Thereafter, CWSs must review, revise where applicable, and recertify their RRAs and ERPs to US EPA every five years from the original deadlines specified in the law. Per the AWIA population thresholds, IRCDUS is considered a large CWS (serving over 100,000 people). IRCDUS certified completion of its RRA during the inaugural round of AWIA on March 16, 2020, which then set the first 5 -year renewal on March 31, 2025. ANALYSIS On September 10, 2024, the BCC approved Work Order No.I (WO 1) to Arcadis U.S., Inc. (Arcadis) to provide professional services under its continuing contract agreement with the County dated May 2, 2023, to assist IRCDUS with completing updates to its RRA and ERP. On March 24, 2025, Arcadis submitted its draft RRA Report summarizing the required updates, and IRCDUS certified the same with the US EPA on March 28, 2025. Arcadis is now in the process of completing updates to the IRCDUS ERP which is due by no later than September 30, 2025. Indian River County, Florida Page 1 of 2 Printed on 4/17/2025 powered by Legistarn 293 BUDGETARYIMPACT There is no budgetary impact for the agenda item. PREVIOUS BOARD ACTIONS Approved WO 1 to Arcadis on September 10, 2024. POTENTIAL FUTURE BOARD ACTIONS Review of the AWIA ERP updates on October 21, 2025. STRATEGIC PLAN ALIGNMENT Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community; embracing innovation, technology, and resiliency. OTHER PLAN ALIGNMENT None noted. STAFF RECOMMENDATION This item will be a presentation by staff to the Indian River County Board of County Commissioners on the America's Water Infrastructure Act, Risk and Resilience Assessment Updates. No action is required. ATTACHMENTS None Indian River County, Florida Page 2 of 2 Printed on 4/17/2025 powered by LegistarTM 294 |��'�� [�'t/��� County, ...~~.~.. .~.._. Department f Uf'|`t p'~r , v~^| ces IiV Presentation to the Board of County Commi "M 22 April 2025 1 Introduction AVV|A0vemim* RRA Approach Strategies &Projects Questions &Wrap-up AMA RRA UPDATE TO BOZ- 22 APR 2025 � 4/22/2025 Item 13.I.A.1. Background... 1984 — Rajneeshee bioterror attack, The Dalles, OR: Salmonella contamination of a city water supply tank, resulted in community outbreak of over 750 cases 2001— World Trade Center attack 2002 — Passing of Bioterrorism Act requiring utilities to conduct Vulnerability Assessments of physical assets against terrorism or intentional acts 2005 — Hurricane Katrina: 100's of drinking water systems were impacted, costing over $213 in infrastructure damageS[AwwA assessment] 2014 — Elk River Chemical Spill, Charleston VA: 100's received hospital medical care; over $72M cost 2014 — Flint Water Crisis: 1000's children lead poison; estimated $M's to $B's in costs over many years 2018 — City of Atlanta Ransomware: $9.5M estimated in recovery efforts 3 AMERICA'S WATER INFRASTRUCTURE ACT Enacted October 23, 2018 Seeks to address threats to safe, adequate, and reliable drinking It la water Mandates Community Water Systems serving >3,300 people to: Conduct Risk and Resilience Assessments (RRA) of their water systems against malevolent acts and natural hazards Update Emergency Response Plans (ERP) The law also requires updates every five years 4 On 9/10/2024 BCC approved WO to Arcadis U.S., Inc. .i to assist with completing updates to its RRA and ERP AARVIDIS Malevolent Acts pipes nen r�• Capital Needs O&M: Q og Chemicals Financial Infrastructure U Consistency Across All Assets and Hazards OMWAM 1) Asset Characterization Mission Critical Assets —Single Point of Failure J100-21 2) Threat Characterization All -Hazards Approach — Malicious Adversary, Natural ■ Disasters, Cyber, Proximity, Dependency, Accidental 3) Consequence Analysis Impacts and Costs to the Utility and Com- iity ence of 4) Vulnerability Analysis Existing Resilience — Chant ` ve 5) Threat Likelihood Analysis Probability of Threat/Hazal .' 6) Risk & Resilience Assessment Highest Risk Identified and Resilient, 7) Risk & Resilience Management Identifying Initiatives that Decrease r AWIA RRA UPDATE TO BCC- 22 APR 2025 5 Facilities & assets that are critical to meet mission criteria and health and safety standards. Single points of failure. Facilities & assets that support Tier 1 facilities Redundant and/or not critical facilities & assets. Natural Hazards Accidental Hazards Malevolent Threats Depenrl-ncv Hazards ■ Proximity Hazards 4/22/2025 Item 13.I.A.1. Risk and Resilience Risk (R) is the expected loss or harm due to the occurrence of an unwanted event on a critical asset. Resilience (Re) is the ability to adapt to or withstand the effects of a threat or hazard without interruption to function, or if the function is interrupted, to rapidly recover from it. R = CxVxTL Re = Utility Resilience Index (URI) Composite Indicator R = Risk ($) C = Consequence($) V = Vulnerability TL = Annual Threat Likelihood Re = Resilience (URI between 0 and 100%) The Department Certified to EPA on 28 March 2025 A. AWIARRA UPDATE TO BOC- 22 APR 2025 7 �5 U0.fD r 7 Mitigation Strategies '00 4 Xx— Redundancy Hardening/Technology Asset Management Policies & Procedures (Lower Consequences) (Reducing Vulnerability) (Improve Reliability) (Improving Controls) spa FX People Resources Spare Parts Emergency Preparedness Planning (Roles & Responsibilities) (Reduce Down Time) (Responsiveness & Training) (Seek Best Solutions) N ; 8 211'4 4/22/2025 Item 13.I.A.1. RECENT/CURRENT PROJECTS UPCOMING/NEAR TERM PROJECTS • Hobart WTP Compliance Variance Evaluation • Employee parking segregation at Hobart — Completed WTP. • Departmental Records Digital Conversion • Ensure PPE are on -hand. • Industrial Control System Upgrade (Network • Portable generators for wells Enhancements) • Onsite utility management of sensitive • Oslo WTP PLC System Upgrades (PaJ�A) projects • Hobart WTP PLC System Upgrades• Telemetry at wells to monitor blending • Upper Floridan Aquifer SIR Phase • Delegation of domain Admin rights as Construction)needed, limiting assignment of Domain Admin group members 9 Indian River County, Florida �A MEMORANDUM File ID: 25-0434 ]yA � Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Type: Attorneys Matters . Meeting Date: 4/22/2025 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: March 26, 2025 SUBJECT: Second Request for Closed Shade Session - Sole vs. Indian River County BACKGROUND The County Attorney's Office has scheduled a closed litigation session on April 22, 2025, at 10:00 am with the Board of County Commissioners to discuss the case of Michael & Jeannie Sole vs. Indian River County. The closed litigation session will be attended by Jennifer W. Shuler, County Attorney, John A. Titkanich, Jr., ICMA- CM, County Administrator, members of the Board of County Commissioners, and Paul Berg, Esq. The meeting is not open to the public pursuant to F.S. 286.0114(8). Discussion will be limited to settlement negotiations and litigation expenditures. The estimated time for the closed session is an hour. The entire closed litigation session will be recorded by a certified court reporter. ANALYSIS N/A BUDGETARY IMPACT The cost associated with this item is the cost of court reporter and transcription services for approximately amount of $800.00, which is being paid from the General Fund/County Attorney/Legal Services Account No. 00110214-033110. PREVIOUS BOARD ACTIONS N/A POTENTIAL FUTURE BOARD ACTIONS N/A STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT Indian River County, Florida Page 1 of 2 Printed on 4/17/2025 powered by LegistarT" 295 N/A STAFF RECOMMENDATION N/A ATTACHMENTS None Indian River County, Florida Page 2 of 2 Printed on 4/17/2025 powered by LegistarT" 296 Indian River County, Florida K toA MEMORANDUM File ID: 25-0474 Type: Attorneys Matters TO: The Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Jennifer W. Shuler, County Attorney FROM: Susan J. Prado, Deputy County Attorney DATE: April 7, 2025 SUBJECT: Calcutta Docks License Agreements BACKGROUND Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 An agenda item was brought to the Board back on November 19, 2024, to seek guidance on how to proceed with addressing issues that were discovered upon implementation of the license agreements that were adopted in 2022 for the Calcutta Docks. The directive to staff at the end of that meeting was the following: • Have addresses issued to each dock • The building department is in charge of all inspections dealing with the docks • No person may have more than one dock license agreement • The County Attorney's office was to update the license agreement to reflect those changes including an inspection fee for the building department. The question also came up on whether the dock license agreements can be revoked and I advised that I would research the subject further. I have done that research and conclude that the Calcutta Dock License agreements may be revoked. The use of the docks are exclusive and therefore this is a lease and not a license agreement. Due to the lack of term laid out in the license agreements this lease is a tenancy at will. A lease without a term becomes a tenancy at will pursuant to Florida Statute Section 83.02. When a tenancy at will exists then the tenancy may be terminated by either party giving notice pursuant to the time frames laid out in Florida Statute Section 83.03. Because the rent on the docks is collected on an annual basis the tenancy at will would be deemed to be an annual tenancy. See Fla. Stat. §83.02. An annual tenancy may be terminated by giving not less than three (3) months' notice prior to the end of any annual period. See Fla. Stat. §83.03(1). There is also case law on point on this legal question. Based on this information and the request made to update the lease agreements, the County Attorney's Office has prepared the attached lease agreement for consideration by the Board. Please also note that the building department has performed annual inspections of the docks and multiple docks were found to need Indian River County, Florida Page 1 of 3 Printed on 4/16/2025 powered by t_egistarTM 297 repairs. Those docks were issued letters to repair the docks as well as notices of violations from the building department. A few of those dock licensees have called in and requested extensions of time stating that the 30 - day time frame contained in their current license agreements is not sufficient to have the repairs done. ANALYSIS N/A BUDGETARYIMPACT Revenues collected for dock license agreements are deposited into account 001038-362010 - General Fund/Miscellaneous/Rents & Royalties. PREVIOUS BOARD ACTIONS Those noted in background above. POTENTIAL FUTURE BOARD ACTIONS The County Attorney's Office is seeking direction from the Board on the following questions: 1. Is the proposed updated lease agreement acceptable or are there changes? What are they? 2. Does the Board want to move forward with terminating the old license agreements as they come due and offer the new lease agreement upon notice of termination of the old license agreement? 3. Does the Board wish to grant more time to those license holders that are in the process of starting the repairs on their docks to do so or to move forward with termination of those license agreements if repairs are not done within the 30 -day window? 4. Does the Board want to delegate the authority to make those decisions on whether to extend the amount of time to give a person to come into compliance with the license agreement or to make the decision to terminate the license agreement to a department head or would the Board like to keep that authority? STRATEGIC PLAN ALIGNMENT N/A OTHER PLAN ALIGNMENT N/A STAFF RECOMMENDATION The County Attorney's Office recommends that the Board of County Commissioners consider approval of the resolution and the associated form dock lease agreement. ATTACHMENTS 1. Power Point Presentation 2. Deeds From Original Property Owners 3. Current Deeds for Property Owners 4. List of Current Dock Licensees Indian River County, Florida Page 2 of 3 Printed on 4/16/2025 powered by LegistarTM 298 5. Current Waiting List 6. Proposed Lease Agreement 7. Proposed Resolution 8. 2022 Agenda Items for Reference Indian River County, Florida Page 3 of 3 Printed on 4/16/2025 powered by Legistar 11 299 �. r ���; �,�� alY 4-0 RM rl �"1 -. O t 0 41 cis R44 ot � � r co a � •tom ,}y � G� Q% (� " ' � i ,` rr �; ., r blD� . o'er O +� o w . 9� yi N. .�.rr►�� 004 �� m� VNO 0 XP EH i G d y A YII \11� Vr~�!•�. ~x aFJ� x r .' CD rot �. v4i � 3 „:tAvA x ' tire, Ow b44, tip 04.� mv N 01 cq Pod fir.,"\ i ne E A WO U O O � 7.7 " N4 ��K '1s10,�Il III 9 � 7.7 9 rr-I a A PN r t........... A N �� vN t x 4. x ^'e„7 � �Rn a r� NN� A N �� vN t x 4. w. C\� \ 1 A r brig a y :Y A , �4 n p Vra N � V \ \\`x\��lam' \ r A � �C i 3' J w vx \si ., x s%' t x r x° S 4 l Gs f' �1 w. \ t° AM, 1 ° LZ' P K.�i ave �� . , F t� 3 4,4 �C NP bioi� p� a O � l• a � t so M s hN ax 11 \h \C \ VA q k � h y CF .i s vn = +-1 cz O O `p b�A O ct c, cz N oo O CU � ,-O �s a , O 9 4-1 C) 4--j ctS c+O+ O ct O ■ C) m O- . , . .. .. ,,,,k - . .. .- a-1 O O O i ctico" Ct O -�& O . 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L bi U ...... t . 330 Y „ � iT111 �111CT1�IICP. 11;i.1. rLix " 1 R, y,. s v 3,t, -f tt,«_ fir,t hart z1«r._.._ h—by f.11. i.arrant tl,c 60, t}m. tawfnl `r atuim« of all pera.o+ wliomikinver. }\q}I;NF;`ii.'A I1h:ItLOW, the ead tiart"; of ti„ fir.,t -limad x, and —a15It- dap aril it Mlw" wrilten. - 1� d 6.6 anti dvty+,>r, 14, pre»rnc<. of ne: T 1 , ,< a ft.'r5r.«w }'Ysj= ap 3wx ,,� sxf' r SUMP STATE OF I 111"RIAO CEHTIF) that ou thmd.-, perntwmlllv .1,1--d W,- mr, an off-, JuI, A ww--th. and take .-ko-I'Apn t, 4 '1 ie mr well kaowa to be d a41xvd uu:• that ...-Wd the "'ne freely ."d f- th, J-P.w ANO I FIACIIIEN 11, A, 4 tl i -pa"'t, I -d, h. mrd W -e 'a" -1,-.tly and alan fi.- 1.- -4 b,r-Af . pany t. .6d d -,J for the p.q—, of nie,u,,mg. oll right, lol" c rd inl-.t. wh abet &."r, 1--t-d or W ..p.rat� p -p-, m Ltw-v io mA 1" the I-Ja cle�ihvd tliero4t. aml that alie o�rtod the $a W 1 1 I , '-f -1, appv.haui- or feat of f".- her -i'l 1. I 1',NFS, my Imad and nfficittl -1 at ------ Co:mly d, _.,,d State d-, d.v of AlLa"V A. 1). 19-5�. My cannniaeiaa expires: Nw.,Y m.j.- q tr. Y. LZ I c Pu�ust, this 9th dav 0 - 'R'�p-KVI, G' -5"K Cl,?rk Fil e.,, ard recOr"""' )ef utY BY b3oo SM100 1 itl 6— SIT IT91 �3 Oldest DQed found for Lessee " of dock 2. LaD MY /C SU4 TAX Prlwn �' -awV Fw.d, Orlando, Flerld• This instrument was prepared by: r fs.so MXara_narrell Fennell addrew P. 0. Box 760 arClnty deed aAi0i0R'fFOBM-3KtNNlw.02fS.1 Vero Beach. Florida 32960 lift 31 unhurt, Made this /10 day of 1972 $etnWn J. HUBERT GRAVES and BEVERLY M. GRAVES, his wife of the County of Indian River State of Florida grantor', and Jry� ANNE W. BOGERT n whose post office address is of the County of `jj��0�� �l (a�1 , State of t1J grantee', W{tpPagst({, That said grantor, for and in consideration of the sum of -----TEN and NO/100-------- ---------------------------- ----------------------- Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereb acknowledged, has granted bargained and sold to the said grantee, and grantees heirs and assigns forever, the fol- lowing described land, situate, lying and being in Indian River County, Florida, to -wit: Lot 16, Block 4, Country Club Pointe, Unit No. 2, according to the plat thereof, filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 4, Page 60. Subject to easement of record and taxes after 1971. Ci rJ C and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. ""Grantor" and "grantee" are used for singular or plural, as context requires. �hrr;d Ciantor has hereunto set grantor's hand and seal the day and year first above written. 'gned, sealed and de tvr • in our presence: --t! (,)ert r8ves () as to Mr. ani Mrs—aves Be erly M. ave; (Sal ) (Seal) STATE OF FLORIDA COUNTY of INDIAN RIVER 1 HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared J. HUBERT GRAVES AND BEVERLY M. GRAVES, his wife. to me known to be the 1 rmu5 described in and whn executed the foregoing instrument and admowledgcd, before ... we that the y executed the same. �•;.•..°.. ��•..,. WITNESS my hand and official seal in the County and State last foresaid this hP day-pf=` 1972. My cvnunission capias: ? Notary Puldiq, State of Florida at Large : s MY f o 1 iir!r T Cr•IRES tT fi ! 1576 . .. 110a!iln i. f 6.... ,/1 L.• Ifx, i llks'A'�15t9a ,. — OFFICIAL RECORD wx 40G,r�tfF 9 moi:! -,?.'p STATE OFF ATE Ou- F�J� ,��p �l (F, aOCUMENTMY W e� S�(�ATE �LO{�IUA- STAMF- TAX ...! '�,_ ••:i ?'! DOCUM XUa TAX Xaa TAX) SUR TAX a a• 00CU��ENTAo _ nretm � ,D •w h s1.f0 sl.,o =_ = �' Z 4 0 fl _ U T.ssaotmrt Pa.wcmr y:/X 77 F-+ rsiUP and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. ""Grantor" and "grantee" are used for singular or plural, as context requires. �hrr;d Ciantor has hereunto set grantor's hand and seal the day and year first above written. 'gned, sealed and de tvr • in our presence: --t! (,)ert r8ves () as to Mr. ani Mrs—aves Be erly M. ave; (Sal ) (Seal) STATE OF FLORIDA COUNTY of INDIAN RIVER 1 HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared J. HUBERT GRAVES AND BEVERLY M. GRAVES, his wife. to me known to be the 1 rmu5 described in and whn executed the foregoing instrument and admowledgcd, before ... we that the y executed the same. �•;.•..°.. ��•..,. WITNESS my hand and official seal in the County and State last foresaid this hP day-pf=` 1972. My cvnunission capias: ? Notary Puldiq, State of Florida at Large : s MY f o 1 iir!r T Cr•IRES tT fi ! 1576 . .. 110a!iln i. f 6.... ,/1 L.• Ifx, i llks'A'�15t9a ,. — OFFICIAL RECORD wx 40G,r�tfF 9 This iWarranty Deed \I I, ti- 'I., ,, J'Une A i) George R. Millikan and Alice Millikan, his wife Milton J. Thomas and Ernestine R. Thomas, his wife . ..... 1 0- 10.00 1 46-, .� I'l-6 j-14 "li, d i ... ... . .....I --lm— 1,, 11', a—h.". .11 d -t i,,,,J Tndian River Lot 2, Block 2, Country Club Pointe Replat, Unit One, according to Plat thereof in Plat Book 4. page 11, public records of Tndl�,- River County, Florida. J Together .,a, all lb, A—uhm—w., and It t. 1.4.qm To Hatir and to Rold. 1, .al, ,d ,I Wl., -14 4-1 and n,ill 'I"j, -1 16 mit it,, I., I'd ,Ia.— .1 P,,,. 4 all --pt I— a, —i"q o'll—i I In Witness Whereof, ii,, "'id -1- 1,- ...... ,,ld -I -I td,,,,, 11,, 1- and r; e0r, ge R. PA lAkan eaice Millikan INDIM RIVER , ER III Y ib"! ,, i— d, .!-- i 1 h .11 a1 7 nJ h 1 George R. Millikan and Alice Millikan, his wife they hey I TN"s -0 4fi-1 "A 0 Juno, Notary, Public, State of Florida at Larg,6. My Commission exvires: WxMxalY Ma me.3 bW Dt W..l aWvubavnG an0 iw .•M a W {. D,•. C. -I DEED Fie, 1 U�+ 1'I 15 iiil., Wslilaltii) Lifed made d.. —EV -7 day of t n to h.r.a,a6,�r r,.lh�d th.roa„h,r. to . ..... F.:, %:4f 1 1 11 F:.x , 1':. ,. L. ,pct. :d=axeµ f ,ff,ce arld - s i'Oa 1 i .tio;, "csa 'irk h.ru alter -11"d Ifie prant., a,aod:e :,gid Iffitatsstth That t tl n t f 1 ns,d Ian o1 the sum of t I and d du.d,l aiJ.nsi ,s, r1, rill wbenof ,s herby a Gnat i toed. hereby nranls. do > s.onrevs mrd amflrrdu. ns urda grantee, all that certain land situate in C.,nul.n Fb,rida. x:: .: a . ,. .,., .�.,,j,... _ . r lxx rafrva.iur , Ytdni • NA LYRLM1 PTiRS a ,Cg1'Y R.. n 'r,1t8\1LHLSLSe �ss'a^D�+exf Tooder ndth nil tiro fenrments, hereditaments and appwfrn.n,r, thorefo betangtng or in - ansa appertaining. To Hapt and to Molds the same in fee simpie farmer. Rod di.. nron,o herehy cm,en—o -,ah said grantee that the grantor is lau.futly seized of -id (and ' in fee singste: Char the a—star has good right and lawful natharity to so11 and ae."" said land, that the graatar herehy f{it.y ma nI, tho fill. to said land and tall defend the same aPat-# the lawful claims of all per.ans rnlwmsoeee, and 161 .mid land is free of all .rmnmhmncea. except tries .—Mg suhseq—t In De .... 1", 3t, w n fitness hertof, ih. said 9ranlor hos signed and seated these presents the day and year lira aF,vee r. rrnen- n,�,.1 .need and dvi.n nxt .a r /Y r� S1 At OF COL ti-fY ill„ -f, 'T;, -.--_- I HEREBY CERTIFY ,he, oa chi. dug, l,,I—n offic dab uchar r>d i the.. State afuxrsaid a in ,he (:gent)' d ­ id ro t2kc - ack—kci,genrmx, prrn... HY appeareJa .-'3rd ..r`?,:E . -. h. h p is ry d heal is and Whu -1-1,d chr Y"�m,ht paiara,ar,x nd ,.__ sekaaW;eaRed br;me ,nr <ha, i"�"- WITNESS mY head sad official1ti. h, C. -'y Sad , _F' e V , atares,rid chi, .3A - day of ��� �� ,✓ Or H.xary W.hti4 Stora d fEMdo at IO!,X •s'.= yz '4`v- . :- Mr comm=sshsn •�sptnn .ivws t, "v5v File. and recorded this 31st. day of August, 1956. UUUGLA., IizKL11, CLERK CIaGUIT CUU3T, 13y ,aDeputy Clerk. NON-TAXABLE CERTIFICATE (1 RAT 1s.CREL,`Di, Oomp�n.6.: " r 4 AND RECEIPT as C nmmineer or ue. ei STATE OF FLORIDA COMMISSIONER OAF REVENUE N^ 62642 NT TALLAHASSEE Re: Estate of: To_25,nsie 7032 Cltaucer Street ANMA P¢CUTA. Deceased Pittsburgh, Pennsylvania Florida property in Indian Ri'ver--Coa Ey Resident of Alle en - y,ving :tJ.2i,sgi 1<RSf% ��Y�a� t=� CouutY THIS IS TO CERTIFY, That a sworn return for laheritarce and Estate Tax h,e• been filed by the duty qualified repremptative-of the above named Estate; and that, afte. allowing all lawful debts and ether dteductione and the statutory exemption applicable thereto, it was ascertained that said Estate was not subject to Tax. the issuance of this certificate, however, shall not preclude the assessment and collection of taxes subsequently de- termined to be due the State of Florida. Aa provided under Section 26, Chanter 14739, Acts of 1911, and Section 16, Chapter 16016, Acts of 19". this eertiflmte shall be authoritynun for the Cty Judea wherein said Esiate was adminiatered to permit • anal settlement or aranunties by the aforesaid rep—titativa themd. :Given in quadruplicate under my hand and seal this, the._2$111`day of Au t y-4__, A. D. 19__!f ComptrAer's fee of Received___8_2a_56_ Comptretkr, State of Fier a, as mmiesivncr +*1 lic �rnue Data i j . OECD 7:,,,.,._....,I 1ANARY NOTICE AND'PORT To (-P!, of the State of Florida as Commissioner of Revenue TALLAHASSEE, FLORIDA For AD Resident Estates for the Purpose of Determining Estate Tax Liability. For All Non -Resident Estates Owning Real Estate and Tangible Personal Property in Florida. To be Filed by Domiciliary Executors or Administrators and Verified by the Judge of the County ('.*net or Acknowledged Before a Notary Public. If the Estate Is Returnable to the Federid Government. COPY OF FEDERAL RETURN, FORM 706, Should Be Filed with This Office On or Before Fifteen Months After Date of Death. (PLEASE READ CAREFI'LLY INSTRUCTIONS ON REVERSE SIDE) IN COMPLIANCE WITH THE PROVISIONS OF THE ESTATE TAX LAW OF THE STATE Of FIX)RIDA. (*HAPTFR 08. FLORIDA STATVrES 1949. NOTICE IS HEREBY GIVEN OF THE DEATH OF -ALMA 1'ACF4"- who died on the -9 -.,- day of 11 im - I - 19 _56, and who was a resident of ---- County, State Of. - _!1r1111 of the Estate of said decedent orr-tire- 10-1- the -Catrrt- of--—Acquety, 4t&t*-Q9­­ The decedent left an Estate both within and without the State of Florida consisting of the following men tioned items of property, the amount set opposite each being the estimated value thereof (show gross rather than net value. Deductions for debts, liens, etc., will be reported only in a complete return in the event one is required to he filed.) Real Estate In Florida (Give brief logs] description.) va-swo-at'444 P0489) $n Vera Tangible personRl property in Florida (Copy Inventory attached) -slops-_.__._._ Real Estate not in Florida All Other Property Wherever Situate* Stocks and Bonds -none Mortgages, Notes and Cush nwa---- All other property not classified above or below_---_- ----------- IF, Property owned jointly with surviving Life Insurance for Benefit of Other Life Insurance__._._.__ -r-ule. - Trusts created by decedent while 110110_.._.._. Taxable 10116- -- Taxable Transfera, of Decedent List any gifts or Transfers made by decedent within five yearn. ------------- TOTAL 4 Did Decedent at any time by will or otherwise exercise a limited power of appointment?...--.- na Did Decedent at any time transfer property by exercise of general power of appolgtment?_ _tW__ Is This Estate subtest to Federal Estate Tax ALI, OF THE ABOVE QUESTIONS MUST BE ANSWERED 2032_r hkwer_ nna. Pea oftlee STATE OF COUNTY OF . A,11*9h9M - - NMT,O Aj jbWLIA Being by me first duly sworn say -it that he ha a read the foregoing report 'and that the statements therein contained are true to the best of - h i2knowledge and belief. Dated at pdt"bupgh, the28,day of,. .-JIM- 'j 1z. N,Itary public This report most be executed by dotakilt-Y ­".tto, or Adminbtrarar. 011= Pennsylvania V I T 6,ppearc.l 4',Jil-lo A. after gin i os "in'i rays. )n onth, C,11,w! i4,, name is NUINAo A. 1 wi1,0-; n I I Vfa','konv "ou -A y P,nnfy IV an I a, wl" 1 it" -,.el , rorn a 'ind -PO- �lc 1 -i Int e is w i N; dated N[7%ref*,lq', r I 1 ^I-, .at. %v; f;, "n 'i 1 r i ne � f va n,-, a 1 i r� s 1 1 1 -ast l:rte �' Tric, thcnc --in 2 ft. rk a line p a ra f zeu i na i n G orwopooklio pv.", 19 ': h i s 27—vly of . August 7" t Sworn to and subscribed bafore me by NUNA, PACELLA at Pittsburgh ,,-)U,Ity, stats �1-11tnnz -vanis. t I, i August 4� �u�; �n (Notary) N, r i- c i n. a ;nr t,j i >qa! a :tate. Uv ALYRA E. SCH6LTZ,' Allf g uf)��WGN EX, ` a r+ y m°no c�^iao O.w o wa.yyewze txoro C?��,CJ ::: , .. ar aeaw•y ruy« a, esti ...e ..,, a w , a..,. r.,F«.., 'This Wrraotq Aced yr„11 d',. loth 1111, 1 114Uaroh r. 1 56 t„ Russell Barks and Barbara Burks, his wife h ai slier +atl f IIxr bran,tor.. ,,, 6rri110 W. Bourke" and I.eru X. Robertson, his wife 369 k. Yall Gr"* S. V., Indianapolis, Ind. 10.02 .. ,3.. „ „ ,,, .,� r .. ,< , th, •,o...;;'7 r,,.. ,.,,... Indian River 7,-'6 let 3, Block 2; Country Club Points, Indian River county, Florida Subject to restrictions end assessmonto ries found in deed book No. 99 page 819, Indian River 1;*uaty, Records. Subject to taxao and asseasmenta for 1956 and subsequent years. iE y Ir ., w�y ,:.,ii16 �ogtthri' ,,,ai> nt! ttao fknem+�nta, hercdttnmenes and aupu+tvanu.vs d,aertr, t>�toaf+lnp or w To Haot and to Mold, ri.• end the u ,,;tor h,,. !> .+canes u,tih nv7d p>antrro thm the yrnna,> 1s tau,jnttp yatx«t of sa+d L+:,d mule, 161 dux r)r 1a Lar good >aet,t ofd iaad,.t a 16,ty +a salt and --Y cold toad, +bat the auto. Aernbs [<dly a anu d,e +jde eo ,aid toad sad udet dei,•nd +t o eau, agala f aha G u f„t : tamr aI ..d d,ar said toad i< t.e,. .d all ..u.,: !,>aa ­..n. pt tar,.e a� rn„n q,rc:,I a i)e .d.,. 31- IaU55 fit ltitlitss Wherrof, rhe s ui a amo t sued and sorted +hoe mr—o. the rlav sad vou. i[tsl alumv mNff”, 93 c. FA11.1 4 Tl:erida ,'Ok \ 7 }' <aF Indian River 1 HEREBY Cr It IIF} ;h.., o chs 1—, 154— a off: d„Ir u:horved i. ,he Siot a ,a ���trid ^nn3 ix ,hr C:ounn�nf,,.y ,id n, ,_ rknowledagznxasa: perwwllyappeareA igsaoll Bunts and. Barbara Barks, his wife k_— ,o L the 1-4 d`e Awd t end who --d the .a JV,,AuA .t,a,avn,.o.. I tbay ark„awkdI id befora ., ,ha, theg nf. hb� Yhx Ute. y O :i.TNESS. . h d and eM,W ..] 'gin N C.— and ";kyle Ie., ef.—id abn 16th dyt ct UlRa....._. ..... t'i *iM N aatflic, SM» a1 fiorlJa as forge 1,,aA pl es Fch 170 1959. 'xv [bne7mfAms, — Sa.ety G. at H. Y. Piled and recorded this 16th dap of Mnrch, 1956. GOKLAS SAM, CLERK CIRCUIT COURT "Yy... Deputy Clerk ft 7 w GEED Pik lVarranty Ned tad d,e ..zs,C3(da,.56 ELL BARBAaA 71URKS, his wife, whose address is Vero Beach, Flrrida, hnrelnrtJter dW 1h, , ",­(­ to LGU13 S. Ml` FM ;,?:J HIDA L. —1j,L:'11',1 husband and wife, as tenants by the .ne entiretv. Vero Beach, Florid=, h—i—P- -11--d th, 1G OV —eipf .4'e—f V& thnf I T ty, 11,,i4. Lots 14 and 15, Block 2, Reolat of County Zlub Fointe, Unit, accordino to plat t :ergo^ recor:je.i it, i 1e,t boo,,. Indian River County records. 3ublect to taxes levied -sutsectuent to December is Subject to restri ' otions recorded in -,eed Pook � Indian River lourtv records on 2-th, llrl�' t74 To Have and to Hold, ........... tend m, (--t- o"ll, said Ihtat th, f i -d ""d I"'d i. Al g—d",l< 01-1 'IfIll, —I I..-N'l ."d it, to sell and —id 1 4 tJ. t d", . ...... —t, 11", fitl6-1 —d Iv,11 J, -!-1,d 16Le 1-4,d I-.1, .,I 55. lint""d ... ..... .... ........ . V, 1 At Y. w Fl and a —ra Rurk S ' (!(Jt:NT)'Of Indian River I HERERV CERTIFYd,O, RUSSFLL '3MYS AIM SARSAR'LURKS, hi wife k-- ,, " q,.. they WITNESS — h ­1art,,,tr conn„ and �t—id �ha 5 6. jotar t u icof Florida < Py co M;,s71j.n,exD1re,,;: 15250 0T .59?� deed found for Lessee of dock 7. 21617-B M�Mn awry 0990 �DirsD� o rr•erviD s11R t� )niLH 'ilad, the Vere Thonet a/k/a Vera Thonct hrreinaflrr rallrrl the grantor. to - f L t T ; a .if.c••ty4 r L �, t4 b !) Y Y•W,rai^ t5 .. .. .. .. ... fel^ •t 221461 e.awCo torus, at i .. 3. 9-rk day ofA. D. to 95, by Randolph Howard Cockburn and Helen Ruth Cockburn, his wife uhusr posiofflrr addrrss is .. 1, -N -11 -called Ihr granter: t Mh .e vd M.ein rM tee .n[ro nd "e nor lull dr n.nY all .heY M'ir+ to 'bit intne end the Min kul trprrvnu D+r. endex".". ex M ',di+idrel.r, of <eryor.lion+l URUSSeth: Thal Ihr grnnfor, for and io mnsidrr h— of the sunt of S 10.00 and olbrr ruluahle onsiderafions, rerripl udirrrof is herrhy ackrtoo1l.1dgrd, herehy n—d'. hnrnoim. sells, altwu. re- mises, r,I,.,e,. sonny, and <onfirms unto If,, granter. nl1 lhnt rerlain laud situate in Indian River (,..nly. 1:1-0.. vire Lot 11, Block 4, COUNTRY CLUB POINTE, Unit No. 2, according to plat filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 4, page 60, Said land lying and being in Indian River County, Florida. THIS IS NOT HOMESTEAD PROPERTY. CRANTOR'S RESIDENCE IS PROPERTY OTHER THAN THAT BEING CONVEYED. Together with all the Isaemeotc heredllamenla and app,srf es"C" thereto belonging or In any .vise appertaining. To Have and to hold, the same In fee simple tower. bid the grantor hereby covenants with laid grantee that the grantor is lawfully set" of sold land in jet simple; that the grantor has good right and Lawful authority to sell and rontay said land; that Ike grantor hereby fully warrants the fill• to laid land and will defend the same against the lawful claims of all persons whomsoever; and that sold land is free of all encumbrances. except tares accruing suhsequrnl Io Dettmber SI. to 78. 347 14 IOU= iYS t"d, Ilea Sold oranfa hat Stoned and sealed these present. the day and first above rurfiten. year Stoned, staled trod dekp#W in our pnsenc@: 1 Vere Thonet ahh' Vera tone[ STATE 0FLAVA vAct ettow we eemMla usa r > Coufm of pat.n BLVACN: � 253 A e ow 1 HEREOV CERTIrY that on this dart beta, nor, an off-, dui) sutborisreedd' in the State aforesaid and in the Courcy sforruid w uke .17 V arkaawltdarntatt, personally appeared Vera Thonet a/k/a Vera Thonet �• `S m t0 to me known to be the person descrthed in and who extcmud the U �`�, `o forlsoing instrument and She x►nowled ed before me that She u o gg > rwcuud the woe. �� :. WITNESS my hand e•llf W -fn the Comely and state Tut sfaeuid Chir : � �r� •'. "'• day of A FQi�, . r•A: Q. u 9 Notary Public: •r , A ;y` s*:• ;, • " 7/,;, /nvrurtunt fur/. rrJ ay: ,. AJJn� My Coresissi,9o'Bltpir4 It 1vs, v �` n fease,k, i�,.tt► k, 5 8 I Ply 0 9 b 0 ,�,0 ml l tg INS & xUKZrrT IS NOT ., 347 STAT Or--- --L- KCO I U ENTARY..- �i57.501 TAMP TA —U PI Aun l� �F A 9 Id4 a a .. ... ........ .. .. .. ..... Rn C.) Tl 40 4 2. r - L3 rn lilli Waliallitj 1)(fli ".1N Ili, I e t. " 4Y ,I April :% 1) It) 56 Russell Burks and Barbara Burks, Ilia wife, whose address Is Ver Beach. Florida hv—'alt 11.1 16grarura. 1a frecloridlicManning t' Norma Manning, his wife p,Ili_ o,j,jr— i. 1014 Miracle Mile, Vero 0o a c Ii. Florida i i,,,, fL, 4, 1 1 . . ....... »l it .. ...... .. I '1 10.00 -vI "J'amll 1"'J l""'6 fj,..t, I I ' .VI "I-- I., 'M 11"'I —'I.m land 'if'a'I'. Lot 6, Block 2, Roplot of Country Club Poidt". [,'III According to I-lat thereof recorded in PI.It !%ook 4, rare 11, Indian Ivor County decords. Subject to restrictions of record Toyther -ii all the i-ome,tts, hereditament' and apnnrtenaaces th—t- 61--vi-g -, I,, —y - To Haile and to Rold, Hnd d..• ....... f., vifl, a.id 16t the 0—ti— i., seized .1 —d 6"1 —PI-; 11rat th,, grantor It., fl -d Aght —d 6ahl —d—I#, 1. ti,,11 ..d '..""Y said la'al; that 16 1-6 it'll, It rill,, to '.id 1qad and cell I the '— fjai-1 $6 lamJ'd claims of ba—v— and 11'.1 -id Iar,J is Inc a1 all nr.rmhrames. t,"'Pt l—'s --il W 55 In Muss Wherepf, It,, said ! .......... I,,,, th"I P—'W' the day -j y— J, B,. r b, r,; Burk Florida Indian tiver IIER�1,111 on chis do. r h S If, , M and .. 1h, C—a' Pussell Burks =net Barbara Hurhs, his wife All—k-I m —I who tf,.-Z.6 -d they A—J,-d­j Lrf,-- ­ h they t11 NES h..,I —,I .1f;—i —1 ;:, h, -J A" --j h;, d., j A 1) 19 Jrr Notary Fublie' Stof FIvridN.,jt,, large. My commission expires: r Fk. 17, 19W Filed and recorded this 19t day of May, 1956. DOUGLAS BAKER, CLERK CIRCUIT COURT By A,;_&O_ %�•� Deputy f1jerk 4/4/25,1:57 PM 1 I1 n Landmark Web Official Records Search Original deed of Lessee of dock 9. https:Hlandmark.indian-hver.org/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# 350 4/4/25,1:57 PM Landmark Web Official Records Search � I :1 11 v u 351 https://Iandmark.indian-river.org/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# Idest deed found for Lessee of dock 10. 4/8/25, 9:20 AM I I Landmark Web Official Records Search httl t.ti w4111 • -.0 wk•"• itir!,sf`�'.:��• �>iw�iM�ikT'$i,_.. ...�._,� awTyEri:T_ .. , WARIRANT C[Ro 89618 eA.nO roe. of IwelYq. t0 IwelYq 3fti5 10arranty Pod Made the 8th day of October A. D. 19 70 by LEONARD S. WALWORTH and FREDERICA S. WALWORTH, his wife, hereinafter called the grantor, to dACQUES K. VER HAGEN and GLADYS C. VER HAGEN, his wife, whose po.toffic. address is 201 E. Kirby, Detroit, Michigan 48202 hereinafter called the grantee: Iwo n wd Mrs ,hr I n,w d 'Y� 'ed 6.11 ,ti s.ni.. ,au I—., . A ,hr Iwir'. ke.l eprt.enuli,w ..d a—,.. .t I.di du.U� ..d A. ,uaYen.n ..d tiro of rw Ik.) Wtne3 M: That he grantor, for and In consideration of the susn of S 10.00 and other valuable considerations, receipt wheieof Is hereby .cknowleda,d, hereby grant., bargains, sells, .liens, ?@- oases, releases, conveys and confirms unto the grantee, all that certain land situate in Indian River County. Florida, vis: - Lot 22, Block 1, COUNTRY CLUB POINTE, Unit #2, according to plat filed with the Clerk of the Circuit Court in Plat Book 4, page 60, public records of Indian River County, Florida. Subject to easements, restrictions, rights of way and reservations of record. STATE OF FLORIDA STATE OF FLORIDA STATE OF FLORIDA PREPARED EY: MEM(�ARY DOCU4)"y UMENTARY CHARLES A. SULLIVAN w. R TA7 SUR TAX SUR fAs 1245 - 2J th STIIL T ;ss ;t•to ;t.to VERO BEACH, FLA. 32960 Together with all the tenements, hereditaments and appw1enance, thereto &slanging or In any- wise appertaining. To Haut and to Mold, the same I. is. simple 7weuer. 0 covenants with sold grant" that the grantor 4 lawfully .elX.d of said land find the grantor hereby rl a w in fee simple; that the grantor has good right and lawful authority to all and convey said land; that the p ,d, grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of u V U all persons whomsoever; and that said fond is free of all encumbrances, except tares accruing subsequent 0FH•I to, December 31, 1969. 7 C U 0. STATE RIF FLORIDA STATE O'r STATE OF FLCWT 9 J9111}E OF FLORIDA A DOCUMTNTAR'A/ DOCUMENTARY DOCUMENTARY .0 U SUR TAX A,' SUR TAR � , :' SUR TAX $11.00 ;tt.00 ;tt.00 .00 N �,�,,�_ F v In �ltnliS W�y11[CCVf, tM sold grnrtta has signed and sealed these Dnsenr, the day and year03 . u 71rt1 a&Cue written. 1, " •010 ~ Signed, .eabd and debased In ow presence: �+ �,Y v LLQ _..® -'i OL1sIY1 S;W81W0lm . Y`J , _.._. %. '� r �A�TE ......... „.......... MAC! .11ow roe aemreee IqE OF FLORIDA `. COUNTY OF INDIAN RIVER w I HEREBY CERTIFY that on this day, before tae, an officer duly w S I AI't gr f'LUF4►UA. awhorued ie the sort afomuid ad is fh< Couaty atve.aid q take >r DOCUMEl�TA `r STAMP TAX acknowkdemenu, personally appeared ~ _�" " _ = OCi-fit0 _ iiA� T �•fc — Leonard S. Walworth and Frederica S. Walworth z CDMpTR0LLE1 " .� I a70= his wife PB.I9oIzo • 'td"me„Jtnown to be the pawn $ described in and who e.e,.kd the forlQbing -i—saes and they acknowiedsw before me thatthey cxacuted the same. • •� r 1 : :WITNESS my hand and ogt al at in the County and :� T' '� '• .'C State Wt aforesaid this iSLII day of 1970. or- i�TUHA'VUAMA&rid-5 P•oia ai” Large ilii ]"runieni prelwird by: My Commission Fires: At/dnxr % Ivie y /974/ ' SOCK 364 PACE 140 OF-FICU, I;cCOi�IfS )s://Iandmark.indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection 352 Original deed of Lessee of dock 11. 4/4/25, 1:35 PM Landmark Web Official Records Search 17 Rji w. ,, s _ I• ° - . _ 141IfRer tzellgl OR �►r� ld�i.:�'iI � �dClk�ns Tzi� �� W6ee tvutoff tra-aifsfrese a. van iKDd oki- W , .-_....-. 1ttssW'.41er callnl lits gtnt'li": . iwbwn+nw :rt W— ebr e,rnw '•enrw" eeJ 'Yrw,n'• 1reIW, J1` ,I+u.w• r+ di+ rr+n .01 - �td,�+4 1rt.l rgve:eMMi.e W ....• J �nfnidril• Yui Ib. 1� .ai r.i.r ee sarF>uuw.l Jirik`&- That t6 grantor, for and to cansi&-von C4 the stat of S 10.U0 and otl.rr i valuable aonstefwatlumi ww wit— to l W f h.++l,y set'kt.w.tedtfed• hswliy Qt�stts, bargains, st'tla. slits,., rr w nc ees, nelecues, conmys and confirms unto the 7ronlea, ou ehal cvtdaln land situate in C,unty. F"a. sdz I4M 13e Block !t. (7, MUT Clld9 Facto. 1"U&A River 17tiNsty `i IQbjI?0t tie taMIN D nits IM lt:b9sstt e` ttAalil�DA:66. re"ridtioas xzd rattortatio" of reoora Mara psrtioulax]y described ass L" 12 Blook 2, Rapist of Country Club Point*v Unit #11 amordIng t0 Plait thereof reach -d in 1-1-t Dook 4. P49-111 I iSm R1oW_ County raeords. II i' t ooffli f wish all lite tenem"to, Itarodittmenb enol/ appurtenances ehoneto belon aPR phv or on any- j... .... .. .... wise «pp wimining. I' To Natit .111d b HOW, the .anlf 111 /M simple '.i iP.tsdb the pmntor hnrohy trNrescanb with .aid prantee that the granfar 4 I. -JAY seized of told kend t ' .. .... .... ... �I In fee simple: that the pranlor has good right and lawful ou howy to sell and convoy said land: ehw it. II grnntw hatrby fully wananls the Hite to said land and wilt defend the same avabut the laurful cloimt of I all persona whomeorerr: and that .aid land is freo of all encumhnr . ezcnpf taxes acctuirq e„hseq.4 r 11 I to Dtcember Sl, 19 53 1) 1 1 �� LAisl �W.dIB[i�®gr eh..old g,a,der has signed me,l .ruled those prrsents lis.&V tied .... tint obaua wrillan. }wr 5ipnr etas ted dahVM'r in ,Ig presence: I . .r. /. ISTATE OF ne2l1da - _ unci autsePpm tudanrt air _ cov JTY of ludic n aLver — • I ( , FRED f" :;om t3:- �'rt �1b1iE HEREBY CERTIFY *wt oo Ci. ders ta er, brir, as oIf'— dolt i .. F' r :..c. ; 1 .. wttmrised io the Sum elem aid ",I in the Cuaaty sfnte..id io t.kr 1 a lsrt.aard.dstaratti a.. Ry .K...d r &6 APR -3 PH 4:44 EktfMl1 els and Barbara 3=1cs 0011GLAS BAKE _ R ir �t Cl C.ck: i t -� tN- sir: l.W— to be thr prrwa ® daacrib , H vMs'C.yitdi ✓lbs' ... *i`I (r�,'� 6 bxaummrm and UWky rcly„nri"" I'A•°p a 4 i[tl�J a• . ` .•�� 1'.w V •= 1 U p W WIT:VFAS m1 hand aoatdfn to la tlri Cseixe.d �i. - e Tls�ali ttnM I'm �srdwe:,sdi t6ts ;� I{ L�,� c't t i ,Walton '•tit `"''` Fneat sltg T?dclis, to ta! taw 3aspmaxtrr Knot; Stems w Ftadaa ole use. .. ►A aa,,.s.; 'I y, a.pa,m r•. f17. walte�eirnea6 ns,vIDa1e11Mt .ter y �r �...wlrtster.}ts}�.,s�terw�.a ... - .. i $ I •ntE i f� � t1��+iltil jr � � � � I tiki� � � +'Ire krn 6r. I a ��,trgi� �: �. • � < } : �� t�i����� Ity �,��t �i t ,t`l„°i Cyt."�s�"i .. ... ... -. 1 �. �;r�r,. f'��, I ��. r} Yaw 'lie ,�` S � KsNsl•'.?. https://Iandmark.indian-river.org/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# 3.53 wsnns«.v ossa unaw:�gel ♦ x.o.r..,,«y .«�Way�m/m�{x��w 539 .....« r , �„ 8001yU1 Pd6i I ThlS dMWU, .Node IN, Oth day of November . A, fl. 19j5 - ]3ftWfMl hUSS6LL BURKS and BARBARA BUNKS, his wife of the Counly of Indian River and State of Florida purl ies of the first part, and STANLLY Y. 0`LG0 WICL and Gait,LtllNi M. u4(,;WIC2,, whose malting address is his wi e Vero Beach of the Calmly of Indian liver � �t, and Slate of Florins part ies of the sermrd part. 10ib Sfth, that the said purl ies of the first pwl, far and ill consideration of tile sam of Ten - - - - - _ - - - - - - Dollars, mrd other goad and valuable considerationA to them in hared /mid, flue receipt whereof is hereby m kuuud edged, ha ver grunted. bargained, sold and conveyed, and by these presents ilo grant, bar- gain. sell. convey mrd confirm unto the said part ies of the second part tied their hetes and assigns forever, all that cerlaia parcel of land tying and being in the County of Indian hi.ver and Stale of Florida • more particularly described as follows: Lot ?, Block 2, Replat of Country Club Pointe, Unit #I, according, t:, plat thereof recorded in Plat Book 4, pate 11, Indian River County records. 'object to restrictions recorded in Deed Book 99, pa: ­ 219, Public records of Indian River Counts, F1cr,,dn. F r trlys�M. tomF... LL^ IDgiutCl- With aU the len,ments, hrredilaments and appurtrnam•es, with every privilege, right, III/,. interest and estate, drover and right of doenrq-,r,,esversioLn,�r�emainder erred casement thereto belonging or in angrvise appertaining: )O MW fO 7iV11t the same in fee simple forever. .ind tare said part ies of the first purl do covenant with the said part ies of the sreand prl that they are lawfully seized of the said premises, that they are free from all encumbrances mrd that they have good right and lore. fill authoria)' to sell the same; and the said port ies of the first part do hereby fulli wart -tint the tide to said land. and will defend the same against the lawful claims of till lecrsons u•homserer. In NORM INIMf, the said part ies of the first part have hereunto set their hand a and seat a the day and year above written. Signed, led an elivered in our presence: '1 i WOM S-330 ("S61 Filed and recorded this the 5th. May of December, 11155. T)OLIGLAS BA.Ka, CLERK 'P�' !1-1 - - — 540 StAtt Of FL0a:1DA CAunty Of INDIAN RIVt;R IHerrby Certify, That on this da.y, before me, an officer duly authorised in the ti1'& said and in the Connex aforesaid to take acknowledgments, 1,ersonolA appeared RUSSELL BURA6 and BARBARA BUNKS, his wife to you known to be the jx-rsan a described in and who executed the foregoing instrument and they acknowledged before me that they everuted the S'nae.. j0jtMS tnr hand and official seal in the County and State last aforesaid this il', da, of November .4. M 19 55. Votar PnbfinS ate of Florida at Large My rommimon expires W1.1 Af 1 3. Mg 0.-Aed by A-6— $—tv C...( N. Y. A C= C Z C- u WOM S-330 ("S61 Filed and recorded this the 5th. May of December, 11155. T)OLIGLAS BA.Ka, CLERK 'P�' !1-1 - - — 4/4/25,1:38 PM Original deed of Lessee of dock 13. Landmark Web Official Records Search W�M�N,Y .b1V MW'/ MIM 01 IIIV.1 Manal«r.,,M aw la. rota by lbn N. t W, a .ns fanr„•+ ,e. toerEa This Warranty Berd slrrrt. d., aG 1", It ° E0 '+ •t i'wa 6,•„rn,dlr•r +n16,t dre n+antor ,o zt:x: . , ,r�tr,., , ,fa,ii, r,ddr,•-.• .. � n,a <,a 1, l7r r _ .. 1,..,.rr„tiler r.ru..I dr<• �fP„te.. rl., (� la�.il • er :.1 n ! ,mtr.rilval• aril *Y• w.r,. n� wnl a..mm .i rir ..... bitacwth 7lyd a'e �, Err a drrnc„ ,>t dr. •rnn ,.6ml 1. .;,t,•r<r .r•,,,r l r.�,r „rl f r�t,a,r,a.•d,,.;d. lr<•r by ,r.+,P,,a. t m, m”, n....,.rd �o,rp.m, me. the nP.n,ee- ,It t6nt +ermin 1 111 awme sn Cow 11. l to„Jrrr_ Pr - i 1 �ngether meF c!t th« tenement.. 6.+radtmm.nta and appu.tennnurs ,here,o i,tidon{ffnp or in ,r. To Have and to mold, dr.. a<m. u, tee ,tmple tar..,...,. %d t6., FI—Itnr 1-6 . to .4t6 -id a,.nmr. drat the tyrant., k 1—full, _ed .1 said ia•, ff r...Iimpl.; 16t f6e yr.nfo I. u l fight end l.. (Pd rb„ thmly t. tIdl and --y id 6nd• dra n,. a� , R s. 5 .+=tor 6erc6v Ja o —nt, ,ire title to .aid Iand .-I mill 'W"Id f6e -- ogam.f tF. L.„Jnd etotm< ,j - aR per—.d,om,ll —6— —, —,,pf toxo, --m, L. .r to 6),r:emFer ,1. IvSt tT' hit Wdness Whereof, d.. —d uraw 6a, ....tm+d and .ealed III— pra,ems dm d.y ..,d > , lint a6.ee—ilten. S,Hnod..<ent l m,d d,d;/•e>ed b, am p—eneao ) ' Snit 4' ..v vc��b0Pr5 j STATE or I HF.R£RN CERTIFY ,b.t on W, day, ft,fare m nfti.r, dal, .. mho, zcd , Ihr• S—, nd m the [bear af.—id n. take nrknnwledq:ner:ts, perwoalk appeared l r i ii 'n� sr1' 'ic-iS.AP )lair., his rc k h t :Axid —d in who rx rd rhr �O r fmixo K .nmr n 1' acknowledged W— ,ba ' h:: y WITNESS ny hand and wffi,wl 1 : he (:c,unry —d S.” lab At -.id 'hi, _eZY`T__� fiat of tv`'J3tn 1Ia1 SE to oB r-- �r s- 2 A, Filed and recorded this 27th day of April, 1956. DOUGLAS BAKER, CLERK CIRCUIT COURT BY�;,,�a y�' Deputy Clerk Dfi6D sI - This ndtnturt*.toad, tills [tlhffn h LCL 'rsi7 yto BARBAIaA UhtiS, his w]fe, w7VraFt drr^ :, of the C inty of Fnd l rv, nivenr and 8fale of Florida fuurfl- +af the first part. and ELLI.:. H. pF' :vli'I''1' and whaxe rnailinq addr•rxs es Vero 1�eetCh, of Il:c County of Iridian River and State of Florl,da partl V>, of the srnald lwrl. II( NIS& that ff,, soil/ lart ;frtl of Orr first pall. Jur nod rt+ (arisideraliatl of rue sam of 'PEN - - - - - - - - - - - --heNur.+, +wd Wfir gaud nruf raluahlto thein in haul paid. the rrrripl v,h,.j,,,f i., hcrrhg _1.+,uu>f- - edy, d. Iyraaled. to nquw'-.t svld and eonveyrd. and 4y f/n•.ae yr,v w, d,r gr,ml, l,nr- gaia, sell, nxnr,y ane! , a,jiml undo the said part lea of !!n• ar, ,ern! pail a,,rl. '- `>•sjr hl u+ai nc+nen_. farmer, .It that r, ,fab, pnnrl ,af talk/ !ging lard frefog ill !h, Luunlp ,slid Shift, of ft l C)rl tin . mare pard, awly drs,vihed a..• fulluu,s: Lr,t fid, Lilooli ?'• et t o r •tr.v v 't" £'+_ -ccdr,3ln;._ to f!.�t.t.'r-.r cfrero -Teti i.ldlan River County, retards. Sub tect to taxe-a levied subt quant t acemober &jb.lect to rest^ictiona, reecorled In _ rd 3oolt 99, , lnul!tn River Connty records, or, Am-ist ^1, AMA �,1(�Pt�ifP u,ifh aft th= fenenrenb, hrredi[anrents +s+d uppurfrtiaurrs, with ene•ry pro -:i, ,,.. n,ilil, - n! and ,stat--,. dawn and right • at doarer, renrrxian, rrmaindrr, and rasrm,.rd th-eh, hefeny±a;i ar iu illi}a,isc aper rfaining: 3n Shur and to HOW fhr sum, iu Jen simpf. furrnrr. And rhe said frarf les, of lhr first pilot , or„ narl with /he send /kilt tec of the -fund part that .e,; are lawfully of the sows 'prenrrsrr, that they are fre,• from ,o/le"rum branerx it flint t`:.ey h,,Ve goo,/ ris:ht art,/ bar. int aurhari{Y lir ell the .cam,; and the vtid purr! Ips of the first part du hr•rehe full trarrani rhe fill-, tyyo sscrod Body,,, I,ill drf„nd the same allamw the Lnriuf r7niur,+ of all twr:wns '-homzuerer. la 10UM$ V#WtOfr now said part les of Mir first lxrrt hm,e hereuufo .r1 hand c and seals 'he day and year above written. Signed, sealed and deVorred in our presence: .406 I htatc of FWUIDA ^ COunty Of INDIAN RIVE", Htrrby Certify, That on this dint before me, an officer duh authorized in the State afore. �t .said and in the Cuaars afor-aid to take aeknowledgatents. Ixersonallr appeared TUSST ^K"� slid }3AI_:7ARA 3tJ:.:C., his ielfc, m rnr knoven to be the person- described in and who executed the foregoing insirnment and exknoadrdgrd b,•/ore mr that the .Y executed the amore. INUM$ net• hand and afeial seal in the (:outus and State last aforesaid this derr of 0ctot-g-r . A. D. 19 55 . Yotan Puldic'-tate o rld , -,jt Yly commission expires 1� I� 1 cr t — rn r Q ♦e A '' �► (FT -_F N� 1 �fz 9t I f If'i 1, a -.,' >,' e Filed and recorded this 6th day of October, 1955. DOUGLAS BAKER, CLERK CIRCUIT COURT By$_n_ " -ft-aIT"" Deputy Clerk WAee/ANTY p[, D p//W'/ r011M /, /.�� Y.NNAMenY xN M x4 W Tb. N. [ W. Ir for.. ,. wW4, i irb ,IIeRx 4 67 Iadmtw, ,ltadr this .- 2) C4 day of ✓. ,u. , A. D, ly tiU�,e.0 iii aiw and BnniiAkA BUNKS, his wife' H it �j of the county of Indian Enver and State of Florida parties of the first part, and hOBr:RT S. Gm,Nr, slot !-,Il.Ptir:C3 W, .-... .., _ mhos, mailing address is ver" u j"each r of the Conoty of lndi-an River" and Sint, of iloriva part ies of the second part, ahwIw&, that the said parties of the first earl. Jnr and in consideration of the sum of 'ion - - - - - - - - - Dollars, and When good and rahrable considerations to thee: in hand paid, the receipt whereof is hereby aclrnowi- edged, ha ve ,granted, bargained. sold and rwnneyed. and by these presents do yran1, bal- . gain, sell, convey nd confirm into the said part ies of the verond earl andt^ .eir heir., ' and assigns forever, all that eertain parcel of tared lying and being in the 4: IV of Inii i,n rcivb r' and State of Floriva , more particularly described as follows: Lot 10, "luc: 1, country cl.b Foil,te, unit iil, accorc;n_ to re,,lat t:,creoi r"orded in Flat Book 4, page 1 , lnnian nivar county- records. oubject to taxes levied subsequent to December jl, 1954 3ubiect to restrictions recorded in Dead Book tf, , na"e zp�, lndie,r, ttiver Gounry records an August 25, 1455. 'J1l A FLORIDA�',E1.ORIDA LIDA natant/N�'1 ;tea Cr vith all the tenements, herrditaments and appurtenances. with eoery privilege, right, ,'st and estate, dower and right of�tdourer, "version,. remainder and easernetd thereto belonging or in anywise appertaining: To Have and WHOM the some in fee simple forever. .Ind the said part ies of the first part do covenant wilh the said parl ies of the second part that they are lawfully seized of the said premises, that they are free from all enrwmbranres and thnt they have flood right and lace• fut authority to sell the- sane: and the said part ies of the first lart do hereby fully warrnru tie, title tt o�s�aai,,d.I.nud. anL�d-,will `�de fend the none against the lmrful rlabnn of all prrsunc udmmso..I,, In lV tws Mend, , the said part les of the first inert Lava lrrrrrraf„ "'I _ hand s and seals the day and year above written. J Sigurd, seated and delivered in our presence: '.� OE p I'� S3oek 99 j� 5tAtt Of FLOtiWA (OURty Of ; ril.I Z i,l Vi,' j !; 1 IHereby Certify, 77tat on thea dad, be/urr art of ive, dah authari—d in the .Stair ofnrr- said and In the Coano a)arrsaid to take arkrurwhvlgmvnts, persanalh appeared Hurks and Barbara Burks, his wife j to roe known to be the 1—son S dex•ribed in and who r:tiewamd ilu- foregoing instrument and - t h'y m•knnerledged before au• thea het! v.—eatrd the samm tltileSS env land artd o[firia! seal in the Count)and .State last at—l-und this 'x l {� i'� davof i,-- �..w.�..<...a,� . 9. D. 14 55 . G Jtx) CX— Notary Public { - Ah' rontmssseon expares _.. - - �✓. r i 'I �� A$ Stir �:ra N3StY8 Sy a i T43S aaoa?a aoj a�� Filed and recorded this 13th day of September, 1955• DOUGLAS BAKER CIERK CIRCUIT OOBRT By �,;,g— a.;{Y, Deputy Clerk d �— �� A$ Stir �:ra N3StY8 Sy a i T43S aaoa?a aoj a�� Filed and recorded this 13th day of September, 1955• DOUGLAS BAKER CIERK CIRCUIT OOBRT By �,;,g— a.;{Y, Deputy Clerk -- Thi. mad. w. BETWEEN day f A.D. 19 of the County f and State of ff, pan and P.'I of the P -d of the .—nd part, WITNESSETH, that lh. said part of 'he first pan. for and in .ntid ... b.. of the sum of in 1,,,,d p.,d, lk, —eipt whereof ix hereby asknowiodgad,h. 9—led, bargained, sold and and by thew p,.."h do grant b.,g.ht, -11 add transfer vnio the siid pa,t f 1h, .,—nd"P".' nd rt 6" and u;g- .11 that _".i, _et , land lying and being in +- County of and S'-'- of Florida,Palbl-l-ly Bless bed as f.11— M lb hA TOGETHER h—d--.e and pp.,,a­,_ h .... y P,,Inge, 9,., 11. ed e 1., 00an right --— f ll.—, ian, .;-de, and easement thereto 'I. bal-ving --Yw;- To — HAVE AND TO 1401D the -.— in fee —pl. forever. And the .;d p,,j of the first Pat' , savenantxw ith the said ,a , of the --d p.n that d that ike ­ be. ensunh,_e, -I the '.i Y and It., 9--d ght and lawful --t"-"iY in --I( the 1-1, and that the said p f,,o pad do b. -by f.l;Y w.".'o l—f"! d.i— o 'If vehorn'.n-, the fi& _;d P—i-% -4 "itj 'k4'nd H'.name agate, f h. IN WITNESS LvHEproF, the _d I,_ of the frst P.e I,' hereunto ser —d and seal the day and year b.— Signed, 5—!,d -4, 001,, .d i,, Our P­­ SEAI' �qafc of (111111tto of I HERESY CERTIFY, That on fbi. day a# k D. 10 b.F.'e 'e P.,00Y appeared t. mek-wn w be fh�- P.— d—"b-d 11 and who .—ted the fo.q.ing --Iran- .,d -­.jIy An�loclqed the thereof tn be f— -t and deed for the —, ..d purposes therein WITNESS -v ."p -bone and ofRdal —I at in the County .1 ..d state .4 the la, and y.., C-3 Notary Pubiie 5EAV My —iW.. .P"es: his 11abridurr Mad. this 29th day of JulY A.D. 196�1 BETWEEN ZV-:rnard A. Rorr-blum, individually and as Trustee, joined icy his wife, Rozanne Xornbluin 'arl$ and Airida pan of he I the County of er azid Arnelf. ?!ta*r, ' r, 7.1 .s W;Lz,�� r -i par, and ��ark part i e & of the '—d part, WITNESSETH, that the s.M par' of fhn F- Pan, for and in .-Siduarkm of the .. of to �"�Iin hand paid, the receipt -1--f i, hereby .,kn-1.4ged, he -' 9-1ml, b.,,.i-cl, ..16 and 4—d. and by the,. p—.h 4o grant, bargain, sell and transfer uw. the said pert of the second part -&it¢ C' EV3ct'ions and assigns forever, all that ...fain par,.[ of land lying and b-9 in the C -my of k ,K1,-' an and State of Florida, p.,t-trfly dc -bed as follows: 5 Zi'?.-. 3,. 1 9.. L. e('1721,11TIE, Or '00 TOGETHER with .41 the tene—ft, h.'echi-cmu -d appunanam., with —y P6,1.9e, right, title, ofern" and o Tata, dower and right I claws,, .event.., remainder and .-.a. therm. belonging or in rtyw;.. pp.M.i.mq: TO HAVE AND To HOLD the — in f.e simple forever. And the said p."iXF of the firat part c-....11 with the said part sof the secend pan that are f -f Ily sailed of the said p,..i,- that they are It- from all -c-6-te, -d that they h8 -1e good right and Nf.f ..ih.6ty to and that the -id parties of IF. first Part do bc,ebV fully warrant the title to rhe ..i,; pemi-, and will defend the urne, *qainci It. 1-f.1 claims of .11 p -cm, whomsoever. ,N WITNESS WHEREOF, the sold part les of the first hereunto01 and - pan he C, hereunto at t:11CIr hand I he day and Y- b-. written. Signed: S-forl and 0.4—d in Our P-- '41 i - ---------- r) _anvU, h;14? SEA0 ISM, MEAV I HERESY CERTIFY, ih., an this 29th aley of July A. 0. 19 6, W .0 personally appeared �,ernard A. Tornblum, individut I ly antl ao 'Prustee, aal Rosanne Kortibluarn, his wife, I...a knew. to be the pe...' ,dorc,llad in and who executed the foregoing conveyance and severally ack—Itclood the executionthereof to be ..'.noir free so and dead for the uses and purposes therein mentioned WITNESS my signature and official seat at lzuderdaie ,a he County of ,%,Ward and State of I'Iorj-da the day and year K last aforesaid. (SEA' Notary P.bli, MY commtsswn ..Pi,... 4/4/25,1:48 PM Original deed of Lessee of dock 19. Landmark Web Official Records Search LONG YFORK RAMCO FORM t 87300 111th 19armdy llad Mad..6 14th do, of July, A. D. 19 70 by RUSSELL BURKS and BARBARA BURKS, his wife, hereinafter called the grantor, to THEODORE R. THOMAS and MARJORIE L. THOMAS, his wife, Whose postoffrce address is 3025 Golf View Drive, Vero Beach, Florida hereinafter called the grantee; raw." wieew reW y ..auae°.e�a W �s.�. d avpaniml AtSSL�I. That the grantor, for and to consideration of the sun of S 10.00 -----and other valuable Considerations, receipt whereof is hereby acknowledged, hereby granis. bargains, sells, ab ons, re- mases, releases, conveys and confirms unto the grantee, ail that certain lend situate in Indian River County, Florida, viz: Lot 13 and West 8 feet of Lot 14, Block 1, COUNTRY CLUB POINTE, Unit No. 1, according to plats filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 4, page 8 and Replat in Plat Book 4, page 11; said land situate in Indian Itivcr Comity, Plorlda. Subject to easement of record and to Declaration of Restrictions recorded August 25, 1955, in Deed Book 99, page 219, public records of Indian River County, Florida. oc 6lAl 1=-1I-LUHIUA 'Fh"LUHtUA > ca DOCUMENTAD STAMP TAX n JUL15'TO �l:;s rnT M STAMP TAX 9900 CDM?T"LL' `' ~„ 99Oo= .S"...lA _ c PB.reor2o �_ — 'w 0 as 0 r 51AIt01"1-LUHIUA x TAX t! ,: DOCUMENTARY -STAMP cn n: STATE OF ryp t�� A An�fN. �TEi vyc RA r1 b�At, ITN SUR TAX _ \ , DOC TN MENTARY C SUR TAX TAX ....... X1.10 STATE 0�%R'" /. r STATE OF fEOEN f1 K{(tun O.,FlOIIOA tiOCUME A�kyy 5 pp�UMENTARY L 1J7C) Cy. ): SUR TAX SUR TAX / DOCUMENTARY /- 1 �. SUR TAX in.00 � w OffQ4L RECORD eon 356 X200 364 hftps://Iandmark.indian-Hver.org/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# 4/4/25,1:48 PM Landmark Web Official Records Search r 709tthrr, with all 16 tenements, heredilaments and appurtenances thereto belonging or In any wise appertaining. L 'J no taut mild to Nold, the same in fee simple forever. 71fid the grantor hereby convenants with sold granlee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of I.. .. all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31. 1969 and a mortgage dated June 30, 1965, to Atico Financial Corporation, recorded in Official Record Book 215, page 284, public records of Indian River County, Florida and all assignments thereof, having a principal balance of 27,924.18, 1 - plus interest thereon from June 1, 1970, i ! i -.i }' 3n I�WILSS WIILCLDfj the said grantor has signed and sealed these presents the day and year .. .: t .. .. fi st alive written. 1. .. Signed, sealed and delivered in our presents: ........ ...... e 1 .ur . ... -........_ ... r,.......... c� a6 rbara Bu cs ...........J........................................._.......... .......................... ................... _.:._ .... .__ __....._.... ...__...._. _ ..__ ..._� STATE OF FLORIDA COUNTY OP INDIAN RIVER I HERESY CERTIFY thu as this day, before sae, an j officer duly authorized in IM Sate aforesaid and in the Coumy slormeW a take ackmaAedeennts, perssnsBy appeared I RUSSELL BURKS and BARBARA BURKS, his wife, to me known to be the person s described in am! who executed the foredoins Instrument /nd they adaoalcdeed before me that they executed the same. WITNESS my hand and official aai in the Cauoty and Sate tont aforeuid this 14th day of July, A. D. 19 70. ! _.............. s......tit .......... '........__. otary Public, State of Florida t Large.. RECORD AND RETURN TO: COULD, COOKSEY, FENNELL 6 APPLEBY My comniss*oit: �ilpse9 t 3223 Ocean Drive - P. 0. Box 760 ; Vero Beach, Florida - 32960 t f 77tir holm on pupend by: John R. Gould Addnu P. 0. Box 760 Vero Beach, Plorida r U Y J https:llland mark.ind ian-dver.org/search/index?theme=. blue$section=searchCriteriaBookPage&quickSearchSelection=# 4/4/25,1:49 PM Original deed of Lessee of dock 20. Landmark Web Official Records Search WARRANTY DEED rAPCp•a roaw o r�Le'ED 8!)ON Ma - 1•T•rarpall eAlCp ryla41 rn1IMO COa1gaATlea wuwf �h18 3uhPIIIIIrP, Made tht___12th __dayof_ J111Y ----- A. D. 1%5, .. . BETWEEN_ RU"I;LL BUgK - and URU hie Wife of We County of Indian River in the State of Floridi. part iesiae of the fire Pm% d ... LIM 11. KINFOUD and T 'n A 161uat Rp, hi$ wife Wboata address is 120 Wall street, Naw 7ork New York • or tie C'enety ot�fln hive- I. the StateofFlorida, part i@s -- �,. o/ the eemud patty' WrrNESSETII, That the rid pa.. has of the rum part' for and in eoneideration of the wm. of:... Top 1) ra and other valuahle aflnsideration _ to them in hand paid by the par• ies_of the second part, the receipt whereof is hereby- .. .. itenow kkd have . bed granted, bargained and sold to the rid part 1@9 of the second part,- th@ir a 'n d anmaigoe, forever, the following described land, situate, I 1 ;s Ytng and being in the ,i County of In S n Ri l rer ... - and State of Florida, to-wit: - - . y Lots 14 and 15, Hinck 1, Cwnntr Club Points, Unit yl, according to plat thereof recorded In Plat Hook y, page ; 47 8, Ingian River County records. i a R4: 3 t t r ,ls 4 And the rid parLlBs of the first part doe9 hereby, fully warrant die title to said land, and will defend the same against the lawful claims of an persons whomsoever. - .. �. IN WITNESS WHEREOF, the said parti-ea of the first pax have hereunto set tLeir , - - hand—8 and seal the day and year above written - - y Signed, sealed and delivered in preemce of us: i 366 https://Iandmark.indian-river.org/search/index?theme=.bIue&section=searchCriteriaBookPage&quickSearchSeIection=# 4/4/25, 1:49 PM Landmark Web Official Records Search STATE OF_,_.,e- COUNTY OF 1 HEREBY CERTIFY that an this day pseaaeally appeared before me, an officer duly authorised ' to administer walla, and take aakwwrlwipwmte, Buseell Burke and Barbara Burks, to me well known to be the penewas.- deeoribed in and who executed the furegoiug decd, and arknuwl. edged before we that -_there __executed the sauce freely and voluntarily for the purp— therein ex preyed. AND 1 FURTHER CERTIFY, That the aW- -8Mrb&rAL Burks _- known to me, to I.. the wife of the acid. __AUgs_q"_. Burks _ ... on a separate and private L tion takmr .m1rale by and before mo, separstdrr and apart from has wid husband, did acknowledge that she made herself a party to said deed for the parpma, of reuomtring, relinquishing and eunveying all live right, title and interest. whether dower, homestead or of separate propert], stat ita7 ar dpui/able, in and to the lands draerihed the,reiu, and that die executed the wid deed freey and ol• Marily and without any armpuhion, eondraint. opprehenaioo or tear, of or from her said and. Yero.H�acb • WITNESS my hand and officfel seal sa - -.�__ ._�_._,..- Couaty of Italian River and BYY d_y_a�— dry atLVZ A. 0; 19-55. ; :..�y=eultatjtal�a m pira:- v'"_ Norry Yw. Sfere lds. . / r... ... N on r.,,te tMr t r• , tc•a. V 1' 4' 18-3 s $ I L g n� ►�1 ° r I !i iii r• w. 5 LLLd S S E p rr i lel FILED FOR REFrO� oODK Ah _D f AGE 1A19. V! F9 o'� I t.C; r,C JF.RIFIFS ;� 1955 :JUL 12 PM 3.2.. g Kf Q� UfiLON t 6Y Filed and recorded this 19th dayy f Ju y, 10n5555. By Deputy -Clark https://landmark.indian-river.org/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# 367 Dock 1 Current Lessee Deed 1 3120240019693 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3693 PG: 440,4/26/2024 10:32 AM D DOCTAX PD $3,150.00 Prepared by and return to: William J. Stewart Attorney at Law Rossway Swan Tierney Barry & Oliver, P.L. 2101 Indian River Blvd., Suite 200 Vero Beach, FL 32960 772-231-4440 File Number: 45035-003 Will Call No.: 87 Above This Line For Recording Warranty Deed This Warranty Deed made this 25th day of April, 2024 between Hall -Trident Corporation, a Florida corporation whose post office address is 710 Broadway Street, Vero Beach, FL 32960, grantor, and John S. Wright and Carolyn A. Spaulding -Wright, husband and wife whose post office address is 3003 Calcutta Drive, Vero Beach, FL 32960, grantee: (Whenever used herein the tenns "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida to -wit: Lot 16, Block 2 of RE -PLAT OF COUNTRY CLUB POINTE, UNIT NO.1, according to the plat thereof as recorded in Plat Book 4, Page 11, of the Public Records of Indian River County, Florida Parcel Identification Number: 32-39-36-00008-0020-00016/1 Subject to taxes for 2024 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. 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 the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2023. DoubleTime® 368 BK: 3693 PG: 441 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness Name(,5 A\ 3 , 2101 Indian River Blvd, Suite 200 Vero Beach, FL 32960 WitnesAame: X16&ly rr/2,h 2101 Indian River Blvd, S ite 200 Vero Beach, FL 32960 STATE OF FLORIDA COUNTY OF INDIAN RIVER Hall -Trident Corp ti lorida corporation By: rlc T. Hall, President (Corporate Seal) x � �•i�Af 1�� YJY�I[' `p r � iy .:'itt1.•• .. .. �7F1tt: it}3•k)TFS .. The foregoing instrument was acknowledged before me by means of [X] physical presence or [j online notarization, this 21 t4 day of April, 2024 by Eric T. Hall, President of Hall -Trident Corporation, a Florida corporation, on behalf of the corporation. He [j is personally known to me or [X] has produced a driver's license as identification. [Notary Seal] �;�tY%oKIMBLPbfI.-StwY R. MARTIN Notary ublic Notarye of Florida//pp��//1Comn ff H}i 244380 !ij JPrIi> /�Lk(�?ilZaM1d My Cission Expires Printed Name: �M'•23, 2026 My Commission Expires: Y{a- 2OZ6 Warranty Deed - Page 2 DoubleTime® 369 Current deed Lessee Dock 2 3120240015722 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3688 PG: 1065, 4/4/20241:29 PM D DOCTAX PD $5,687.50 Return to: Name: Professional Title of The Treasure Coast, Inc. Address: 1546 US Highway 1 Sebastian, FL 32958 This instrument prepared by: Madison Davis , Professional Title of The Treasure Coast, Inc. 1546 US Highway 1 Sebastian, FL 32958 File No.: 2024-57406 0 / O WARRANTY DEED This Warranty Deed Made this /'T day of MCLrC.1� , of 14 by Dwayne Keeling and Michele Keeling, Husband and Wife hereinafter called the grantor, whose post office address is: 1,5400 lcl th 5tr - F.e tlsmtr-e F,- 3ag4r to: John A. Pfleger and Kristin L. Pfleger, Husband and Wife whose post office address is: 30 ID Qa r hr�Je V E -QC - t, Fc 3a"IC00 hereinafter called the grantee, ' WITNESSETH: That said grantor, for and in consideration of the sum of Ten Dollars, and other variable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situated in Indian River County, Florida, viz: Lot 16, Block 4, Country Club Pointe Unit No. 2, according to the map or plat thereof, as recorded in Plat Book 4 Page(s) 60, of the Public Records of Indian River County, Florida. 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 the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to 12/312023, reservations, restrictions and easements of record, if any. (The terms "grantor" and "grantee" herein shall be construed to include all genders and singular or plural as the context indicates) IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, $paled and Delivered in Our Presence: Dwayne Keeling and Address: t ess fiche a K.eling Print Name and Address: Jessica M. Rich 154 K) OS I 5ebo..crElo-n Fcr 3.1q,&W State of7/• t County of The fore g instru as ack wledged rem y means ofg(physical presence or L] online notarization, this day of _ by Dwayne Keeling and Michele Keeling who U are personally known or LA have produced drivers' licenses as identifica909 [Seal]CYt1r11uM. RICH 'a^.!!it;.;_ Notary PAlic n.. NYCOMRtNH0818B7 g;M.y17,2025 ` paacuM.�" Print e: C`,nthea till. (Z My 06mmission Expires: u:i �`� gp�eQ7lsu taRUY RE: 2024-57406 Page 1 of 1 370 Current deed Lessee Dock 3 1821141 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2134 PG: 692, 02/15/2007 10:49 AM DOC STAMPS D $2373.00 \ 'reasure Crast Title Agency of Vero, inc 3375 20th Street, Suite 130 Vero BeacL, FL 32960 P:772-299-5022# Fax: 772-299-5026 Courthouse Box #60 his Document Prepared By and Return to: amela S. Canadyt CLC reasure Coast Title Agency of Vero, Inc. 375 20th Street Suite 130 ero Beach, FL A2960 h N � 6 ,tarceliDNumber: 32-39-36-00008-0020-00002.0 arranty Deed This Indenture, Made this 9th day of February 2007 A.D. , Between Paul DiTomas, an unmarried adult of the County of Indian River I State of Florida , grantor, and Thomas L. Pease, a married adult and Kevin Ellis and Lillian P. Ellis, husband and wife, as joint tenants with rights of survivorship whose address is 3002 Golf View Drive, Vero Beach, FL 32960 of the County of Indian River , State of Florida , grantees. Witnesseth that the GRANTOR, for and in consideration of the sum of ------------------------TEN DOLLARS ($10) ----------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEES and GRANTEES' heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Indian River State of Florida to wit: Lot 2, Block 2, RE -PLAT OF COUNTRY CLUB POINTE, UNIT NO. 1, according to the Plat thereof, recorded in Plat Book 4, page 11, Public Records of Indian River County, Florida. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoeve, In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written. e sealed nd deliver our prese Crg inte wine: Paul DiTomas W t P.O. Address: P.O. Box 1414, Vera Beach, FL 32961 Printed Tame: MEREDIT A. TESSIERt Witness STATE OF Florida COUNTY OF Indian River The foregoing instrument was acknowledged before me this Paul DiTomas,_-,gLn unmarried adult he Is 06-2512 his Florida (Seal) 9th day of February , 2007 by driYer� 1 • C S as identification. Printed N e: Christine C Notary Public My Commission Expires: ,,Gmrrrld"Di,phyay9m 1m., 2007 (863)763-5555 Fain FLWD.I 371 Current deed Lessee dock 4. 3120170049902 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3051 PG: 1022,8/24/2017 4:36 PM D DOCTAX PD $5,775.00 00 Prepared by and return to: Charles E. Garris. Esquire Charles E. Garris, P.A. 819 Beachland Boulevard Vero Beach, FL 32963 772-231-1995 File Number: Smith10249.2 Will Call No.: 65 Above This Line For Recording Warranty Deed This Warranty Deed made this 23rd day of August, 2017 between Roger L. Smith, joined by his spouse, Sally Smith, whose address is 2416 Fairway Drive, Vero Beach, FL 32960, Grantors, and Clarence Yates and Christina Yates, husband and wife whose address is 9 Dolphin Drive, Vero Beach, FL 32960, Grantees: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said Grantors, for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($10.00) and other good and valuable considerations to said Grantors in hand paid by said Grantees, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantees, and Grantees' heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida to -wit: Lot 20, Block 1, Country Club Pointe Unit No. 2, according to the map or plat thereof as recorded in Plat Book 4, Page 60, Public Records of Indian River County, Florida. Parcel Identification Number: 32-39-36-00009-0010-00020/0 Subject to taxes for 2017 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any; however, this reference shall not serve to reimpose 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 the Grantors hereby covenant with said Grantees that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authority to sell and convey said land; that the Grantors hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2016. In Witness Whereof, Grantors have hereunto set Grantors' hands and seals the day and year first above written. Signed sealed and delivered in our presence: Seal fitness e: / Co Roger L. Smith v (Seal) Witness Name: ��, *e if /1M/J Sally Smith loubleTimee 372 BK: 3051 PG: 1023 State of Florida County of Indian River The foregoing instrument was acknowledged before me this 23rd day of August, 2017 by Roger L. Smith and Sally Smith, his wife, who [X] are personally known or U have produced a driver's license as identificatio [Notary Seal] Notary Pu CHARLES E. GARRIS Commission # FF 023,4 2 Expires November 23, 2017 9o_ T.. Troy Fria Inwrw� R; r Warranty Deed - Page 2 Printed Name: Charles E. Garris My Commission Expires: November 23, 2017 DoubieTimee 373 Current deed Lessee dock 5 3120220020354 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3526 PG: 154,3/30/2022 3:29 PM D DOCTAX PD $6,993.00 THIS INSTRUMENT PREPARED BY AND RECORD AND RETURN TO: Christopher H. Marine, Esq. Gould Cooksey Fennell, PLLC 979 Beachland Boulevard Vero Beach, Florida 32963 772-231-1100 WARRANTY DEED Recording: S 18.50 Doc Stamps: $ 7,000.00 Total: $ 7,018.50 Parcel Identification No.: 32-39-36-00008-002.0-00003.0 THIS WARRANTY DEED made the 29 day of March, 2022, by Thomas P. Kennedy, a single adult whose address is 611 Date Palm Road, Vero Beach, Florida 32960, hereinafter called GRANTOR, to Jennifer L. Davison, whose address is 3004 Golfview Drive, Vero Beach, FL 32963, hereinafter called GRANTEE: (Wherever used herein the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and the heirs, tegal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the GRANTOR, for and in consideration of the sum of Ten Dollars (S 10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confines unto the GRANTEE, all that certain land situate in Indian River County, Florida, viz: LOT 3, BLOCK 2, OF RE -PLAT OF COUNTRY CLUB POINTE UNIT NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE(S) 11, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SUBJECT to easements, restrictions, reservations and rights of way of record, if any, but this provision shall not operate to reimpose the same. TO HAVE AND TO HOLD, the same in fee simple forever. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. AND the GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said land in fee simple; that the GRANTOR has good right and lawful authority to sell and convey said land; that the GRANTOR hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2021. File Number: 14474.4 374 BK: 3526 PG: 155 IN WITNESS WHEREOF, the said GRANTOR has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Witness Name: CHRISTOPHER H. MARINE Witness a e: Megan Dupuis STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of C'! physi 1 presence or 0 online notarization, this Z� day of March, 2022, by Thomas P. Kennedy, a single adult, who V elsonaily known or O has produced a driver's license as identification. Megan Dupuis INotary Seal] Notary Public State of Florida Commp HHQ59548 Nota c Expires 1/30/2025 Printed Name: Megan Dupuis File Number: 14474.4 Warranty Deed (Sraturory Form) - Page 2 375 Current deed Lessee dock 6 3120230039905 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 36.11 PG: 1682,8/4/2023 3:29 PM D DOCTAX PD $11,900.00 Pyr oared by and rgtum to Jaylee Porcelli Treasure Coast Title & Settlement of Vero, LLC 815 Beachland Boulevard, Vero Beach, FL 32963 (772)299-5022 File No TREAVB23-147WFG Parcel Identification No 32-39-3(-00(10 6-0020-00 0 1 4.0 ___JSpem Abo Tlde Line For Xa Ming Im131 WARRANTY DEED (STATUTORY FORM — SECTION 689.02, F.S.) This indenture made the day of July, 2023 between Phillip C. Sunkel, III and Suzanne Sunkel, husband and wife, whose post office address is 6100 8th Street, Vero Beach, FI, 32968, of the County of Indian River, State of Florida, Grantors, to John S. Wright and Carolyn A. Spaulding -Wright, husband and wife, whose post office address is 700 Revolution Street, Havre de Grace, MID 21078, of the County of Harford, State of Maryland, Grantees: Witnesseth, that said Grantors, for and in consideration of the sum of TEN DOLLARS (U.S.$10.00) and other good and valuable considerations to said Grantors in ]land paid by said Grantees, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantees, and Grantees' heirs and assigns forever, the following described land, situate, lying and being in Indian River, Florida, to -wit: LOTS 14 AND 15, BLOCK 2, REPLAT OF COUNTRY CLUB POINTE UNIT NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 11, OF THE PUBLTC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Together with all the tenements, heredilaments and appurtenances thereto belonging or in anywise appertaining. Subject to taxes for 2023 and subsequent years, not yet due and payable; covenants, restrictions, easements, reservations and limitations of record, if any. TO HAVE AND TO HOLD the same in fee simple forever. And Grantors hereby covenant with the Grantees that the Grantors are lawfully seized of said land in fee simple, that Grantors have good right and lawful authority to sell and convey said land and that the Grantors hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. File No.: TRFAVD23-147WFG warranty Deed Page I of 2 376 BK: 3641 PG: 1683 In Witness Whereof, Grantors have hereunto set Grantors' hand and seal the day and year first above written, Signed, sealed a" ivered in our presence: STATE OF FLORIDA COUNTY OF INDIAN RIVER ksh l.el, III Supdnne Sun cel The foregoing instrument was acknowledged before me by means of (<physical presence or () online notarization this 1arq&v of July, 2423, by Phillip C. S el, 111 and Suzanne Sunkel. 74* Notary Public Notary Public State of Florida tampNameofNotary Jaylee M Porcalii E My Commission 00 909292 Personally: Known: OR Produced Identification: )0'- Expires 8/2712023 Type of Identification Produced: �tdl d Drivem File No.: TRFAVB23-147WFG Warranty Deed Page 2 o(2 377 Current deed Lessee dock 7 3120200034725 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3311 PG: 2167,6/22/2020 2:52 PM D DOCTAX PD $2,730.00 i i i Prepared by: Patricia A. Hom Oceanside Title & Escrow, Inc. k Patricia A. Horn, 3501 Ocean Drive 1 Vero Beach, Florida 32963 i File Number: H2O05034OR i i General Warranty Deed Made this June 19TH, 2020 A.D, By Charles F. Frago and Kelsey A. Frago, husband and wife, whose address is: 1416 48th Avenue, Vero Beach, Florida 32966, hereinafter collectively called the grantor, to Patrick Taylor Savadge and Natalie Macefield Kornicks, now known as Natalie Macefield Kornicks Savadge, husband and wife, whose post office address is: 3060 Par Drive, Vero Beach, Florida 32960, hereinafter collectively called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Indian River County, Florida, viz: Lot 11, Block 4, COUNTRY CLUB POINTE UNIT No,2, a subdivision according to the plat thereof recorded in Plat Book 4, Page 60, of the Public Records of Indian River County, Florida. Parcel ID Number: 32-39-36-00009-0040-00011/0 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 the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2019. BK: 3311 PG: 2168 Prepared by: Patricia A. Horn Oceanside Title & Escrow, Inc. Patricia A. Horn, 3501 Ocean Drive Vero Beach, Florida 32963 File Number: H2005034OR In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Charles F. Fragi Witness Printed Name PATRICIA A. HORN Address: 1416 48th Avenue, Vero Beach, Florida 32966 _ h;c sev A. f o Ol�p�� B. r' �/ Adclr�ss: SAM : S AI3t1Vf? Witness rtrilN,im STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of ✓�ical presence or _ online notarization, this 19TH day of June, 2020, by Charles F. Frago and Kelsey A. Frago, who are personally known to me or who has produced VALID DRIVER'S LICENSES as identification. PATRICIA A.14ORM Nw9m.22' V E*188 Spp305T019 otary Public ,�?.a:� BanNdTlsuTmYfanYuu� Print Name: My Commission Expires:___ (Notary Sea]) 379 Current deed Lessee dock 8. 3120200048242 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3329 PG: 2071, 8/19/202010:22 AM D DOCTAX PD $2,765.00 NOTE TO CLERKITAX EXAMINER: Actual consideration, , paid'us 395,000.00 This Document Prepared By and Return to: Darlene R. Pegg` CLC President Elite Title of 6. Treasure Coast, Inc. 3055 Cardinal Drive Suite 105 ero Beach, FL 32961 00 ParcellDNumb— 32-39-36-00008-0020-00006/0 Warranty Deed This Indenture, Madethis 12th dayof August 2020 AD., Between Michael J. Bertrand and Daina V. Bertrand, husband and wife of the countyof Indian River I State of Florida grantors, and Charles J. Replogle, II, a married man whosc address is: 3010 Golf View Drive, Vero Beach, FL 32960 of the County of Indian River Slate of Florida W.Mtee. Witnesseth that the GRANTORS, for and in consideration of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby aclmowledged, have granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land situate, lyingandbeingintheCounryof Indian River state of Florida to wit: Lot 6, Block 2, Re. -Plat Of "Country Club Pointe" Unit No. 1, according to the map or plat thereof, as recorded in Plat Book 4, Page(9) 11, of the Public Records of Indian River County, Florida. Said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same.) and the grantors do (tete fully warrant the tide to said land, and will defend thc same agaimt lawful claims of all persons whomsoever. In Witness Where the grmtors have hereunto set it hands and seals the day and year fi ritten ebo w. Signed, maled a live our prese l (Seal) Printed e: ichael J. ertran �. e89 1 t o i , P.O. Address:7010 Golf V' Ive, ro acts F 960 (Seal) d Name: e1 Daina V. Bertrand Witness #2 t0 O P.O. Address: 3010 Golf View Drive, Vero Beach, FL 3I%0 STATE OF Florida COUNTY OF Indian River The foregoing instrument was acknowledged before me by means of X physical presence or _ ouline nolaivition,this (,L_ day of August 2020 by Michael J. ertrand and Daina V. Bertrand who ate personally known to me or who have produced then Florida driver' 8 license Printed Name: "'r 4'• "^ vu Notary Public9tPi$65202 o: Epirexs, prll 14, 2021 My Commission Expires: c: BonMThruTmyfainlnsurarw80D-385-7019 ET -18042 Iry GvcuMb Mvn ysyvas,jl 3e20 ("3)763.5355 Fenn FLa'0.1 380 Current deed Lessee dock 9 FOI10 #36-32-3940008-0020-000130 This instrument prepared by and record and return to: Richard A. Wood, Esq. DOCUMENTARY STAMPS nmutEL BAISDEN & MEYE1t WEISS DEED $ 1111 Lincoln Road Mall, #1500 NOTE $ Miami ( Beach, Florida 33139 c � JEFFREY K. BARYON, CLERK �p INDIAN RIVER COUNTY IM fME IIEOOWUE pp Y K BARYON IMCWCOURT N'ONM NN" 00, FF'1Jk WARRANTY DEED THIS U41DEMIMK made this day of 1995, between LOIS H McBANE, a single woman, hereinafter referred to as the 'Grantor; ­and WHIJ#M FJ WOOD and NANCY B. WOOD, Its wifc� hereinafter referred to as the 'Grantee', whose Id. Nos. are: and whose address is: 3007 Calcutta Drive, Vero Beach, Florida 32960. (Wherever used herein, the terms Grantor and Grantee include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of Corporations) That said Grantor, for and in consideration of the sum of TEN (SI0.00) DOLLARS, and other good and valuable considerations, to said Grantor in hand and paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantees' heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida: Lot 13, Block 2, REPLAT OF COUNTRY CLUB POINTE, UNIT NO. 1, according to the Plat thereof as recorded in Plat Book 4, Page 11, of the Public Records of Indian River County, Florida, together with all rights, title, and interest of the Grantor without warranty in and to that certain dock commotly known as dock number 3007 and its exclusive perpetual use, located due east of the aforesaid lot and immediately adjacent to Calcutta Drive, together with all riparian and/or littoral rights of the Grantor attaching thereto, if any. SUBJECT TO, a.) Taxes for 1995 and all subsequent years. b.) Applicable zoning ordinances. e.) Terms and conditions, restrictions, limitations and other [natters of record. d.) Terms, conditions, easements and matters contained in the Plat of REPLAT OF COUNTRY CLUB POINTE, UNCI' NO. 1, recorded in Plat Book 4, Page 11. and said Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Witnesses: -TPA. Putnam Charlotte Chaprn8n Print Name STATE OF FLORIDA 1 LOIS E McBANE Grantors Address: 622 Jamaica Circle Lakeland, FL 3..3803 ) SS: COUNTY OF POF-K ) The foregoing instrument was acknowledged before me this 116 day of 1995, by IRIS E McRANE, a single woman who has produced a Florida Drivers License as identification d d not take an oath. My Commission Expires: CJ'L AAy— Notary Pe c, State of Florida Print Name THEHHEL BAISDEN & MEYER WEISS R1 SMOYO'CONiELL '" MY CMM ISSM I OC4760 [)(FIRES 3'• E `Am 23, 19% 90,4XD nestraysrwMPAIM,K 0 CX) 1-D k -D 381 Current deed Lessee dock 10 1498322 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1668 PG: 524, 12/08/2003 11:51 AM DOC STAMPS D $2030.00 Prepared by and return to: Marianne B. Rael -� The JoHN GaLT Title Company 3511 NE 22nd Avenue Suite 100 Fort Lauderdale, FL 33308 File Number: 03-1343 Will Call No.: Above This Line For Recording Warranty Deed 0 This Warranty Deed trade this ]day of November, 2003 between Scott Oetting, a single man whose post office address is 7325 35th Court, Vero Beach, FL 32967, grantor, and Michael F. Hauser and Shannon E. Hauser, husband and wife whose post office address is 3043 Golf View Drive, Vero Beach, FL 32960, grantee: (whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of cotporatima, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the stmt of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida to -wit: Lot 22, Block 1, COUNTRY CLUB POINTE, UNIT #2, according to the Map or Plat thereof, as recorded in Plat Book 4, Page 60, of the Public Records of Indian River County, Florida: LESS AND EXCEPT: The South 35 feet of the East 28.5 of Lot 22, Block 1, COUNTRY CLUB POINTE, UNIT 2, according to the map or Plat thereof, as recorded in Plat Book 4, Page 60, of the Public Records of Indian River County, Florida; ALSO DESCRIBED as The South 35 feet of the North 170 feet of the West 28.5 feet of the NE 1/4 of the SE 1/4 of Section 36, Township 32 South, Range 39 East, Indian River County, Florida Parcel Identification Number: 36-32-39-00009-0010-00022-0 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 the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTim" 382 BK: 1668 PG: 525 Signed, sealed a elivered in our presence: (Seal) Witnes iq L colt W. Oetting tkw,�et4b- Witness Name: ba[0. C -M State of Florida County of Indian River The foregoing instrument was acknowledged before me this J# ' day of 0 Uig , A0.9 by Scott Oetting, who [j is personally known or [X] has produced a driver's license as identification. [Notary Seal] Notary Public, Stakra 1 +,"•,,.. Gina Orth Owl N-,IdY comWS"# DD117NO DM Printed Name: may 2zM6 ',fit. app®nrarFax�ew+KE My Commission Expires: Warrnnry Deed - Page 2 DoubleTlmes �4-N Current deed Lessee dock 11 2152406 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2512 PG: 988, 07/18/2011 04:31 PM DOC STAMPS D $1855.00 u� Tlb Doeomeat Prepared By and Rataro to: Gloria Guzman Thomas Lawyers Title Agency 2905 Ocean Drive Vero Beach, FL 32963 PareelrDNember: 32-39-36-00006-0020-00012/0 Warranty Deed y Thin Indenture, Made this , day of Louise J. Jack,a single adult, Louise J. Jack Revocable Trust the Louise J. Jack Trust Number of the county of Winnebago Bradford S. Pfennig and Amanda July , 2011 A.D. , Between Individually and as Trustee of the dated December 14, 1990 (also known as 90) state of Illinois , grautOr, and Pfennig, husband and wife whose address is: 3009 Calcutta Drive, Vero Beach, FL 32960 or the county of Indian River , state of Florida , grantees. Witneluieth that the GRANTOR, for and in consideration of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, has granted• bargained and sold to the said GRANTEES and GRANTEES' heirs, successors and snips forever, the following described land, situate, lying and being in the County of Indian River state of Florida to wit: Lot 12, Block 2, Re -Plat of Country Club Pointe, Unit No. 1, according to the map or plat thereof, as recorded in Plat Book 4, Page(s) 11, of the Public Reccrds of Indian River County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to December 31, 2010. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witneee WhCMDA the grantor her hereunto set its hand and seal the day and year first above written. Sip4 wakdand delWerediaour prance- Louise J. Jack, as Trustee of the Louise J. Jack Revocable Trust dated December 14, 1990 (also known as the Louise J. Jack5 90) Prints Na By. Louise J. Jack,, ividually and �s�i) Witness Gloria Guzman as Trustee P.O. Address: WS Croix Tralk Rescue, R. 61073 Printed Printed me:� Witness 50-6169—K �.,,. r.,,...,.,. M•n rs.a.. a.a..,. rM Mrr ,vn •revasr v,.,, arwni 384 STATE OF Florida �4tk_) COUNTY OF Indian River ) The foregoing instrument was acknowledged before me this 1 day of July , 2011 by Louise J. Jack, Individually and as as Truste on behalf of said trust 1 i 'm h SP— she is personally known to me or she has produced her Yi V , identification. ..... "T:ARIA GiJ,ZhtAN Z� THOMAS Comm# DD0860W Expires 414/2073 Printed Na e: oma5 ~'`F' daNaaryA.�..ree t"t NotaryPub .•'••........................................ My Commission Expires: 50-6169—K �.,,. r.,,...,.,. M•n rs.a.. a.a..,. rM Mrr ,vn •revasr v,.,, arwni 384 Current deed Lessee dock 12 1740005 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2014 PG: 1075, 03/30/2006 03:56 PM DOC STAMPS D $2380.00 Prepared By/Return to: Christopher C. Campion, Esq. Campion & Campion, P.A. 31 Royal Palm Pointe Vero Beach, Florida 32960 File No.: 06-173.v CCC/jls Will Call No: 021 Parcel ID #: 32-39-36-00008-0020-00007.0 \\Warranty Deed This Warranty Deed made this au th day of March, 2006, between Freddick W. Wenisch, an unremarried widower (*"Grantor"), whose address is 3012 Golf View Drive, Vero Beach, FL 32960, and Jeffrey E. Minton and Kere P. Minton, husband and wife (*"Grantee"), whose address is 410 46th Court, Vero Beach, FL 32968. For and in consideration of the sum of Ten & 00/100's Dollars ($10.00) and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, Grantor has granted, bargained and sold to Grantee and Grantee's heirs forever that certain land located in Indian River County, Florida, further described in and incorporated by reference and made a part herof as follows: Lot 7, Block 2, RE -PLAT OF COUNTRY CLUB POINTE, UNIT NO. 1, according to the Plat thereof, recorded in Plat Book 4, page 11, Public Records of Indian River County, Florida. Together with all appurtenances, privileges, rights, interests, dower, reversions, remainders and easements thereto appertaining. Grantor hereby covenants with said grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. Subject to taxes for the year 2006 and subsequent years and easements and restrictions of record, if any; however, this reference shall not serve to reimpose same. In Witness Whereof, Grantor has hereunto set Grantor's hand and seal this day and year first above written. 385 BK: 2014 PG: 1076 Warranty Deed Page Two Signed, sealed and delivered in the presence of: 1st rtn ss Name. — ez 2nd Witness Name: . / 11� Freddick W. Wenisch State of Florida County of Indian River '� The foregoing ipstrument was acknowledged before me this—V—th day of March, 2006, by Freddick W. Wenisch, ✓ who is personally known to me or _ who have produced as identification and who did did not take an oath. JACME M L SEAIEY * MY CORM WK)N # DD 496138 Notary blic EXPIRES: December 1, 2009 My Commission Expires: +r P Balled Thru Bu" No" Swim OFF 386 Current deed Lessee dock 13. 3120150013039 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2827 PG: 1612, 3/4/2015 11:02 AM D DOCTAX PD $2,177.00 Prepared by: Linda Starr -Luo" Trident Title, LLC 501 S. Flagler Drive, Suite 201 West Palm Beach, Florida 33401 File Number. WPS14-0056 General Warranty Deed Made this hebruaty 23.2015 by Robert Daniels Falconer, as Successor Trustee under the Harry W. Falconer Declaration of Trust agreement dated July 12, 1996, amended for the first time and restated on July 28, 2004 and as amended for the second time on January 18, 2006 and amended and restated on October 30, 2013 whose address is 920 Prospect Avenue Hermosa Beach, California hereinafter called the grantor, to Jeffrey J. Palleschi and Jennifer Pallesebi, husband and wife, whose post office address is 176 Mokee lane, Vero Beach, FL 32960, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the hairs, legal representatives and assigns ofindividuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Indian River County, Florida, viz: Lot 12, in Block 1, of RE -PLAT OF "COUNTRY CLUB POINTE" UNIT NO. 1, according to the Plat thereof, as recorded in Plat Book 4, at Page 11, of the Public Records of Indian River County, Florida. Parcel 1D ivumber: 32-39-36-00008-0010-0001210 'Together with all the tenements, hereditaments and appurtenances thereto bcionginL or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And (be grantor hereby covenants with said grantee that the cantor is lawfully seized of said land in fee sitnple; that the grantor has good right and lawful authm-11ty to sell and convey said land: that the grantor hereby fully ti4arrants the tide io said land and will defend the, sante against the lawful claims of all persons whomsoever: and that said land is flee of all encumbrances except tales accruiirg subsequent to December 31, 2015. :)r:t:).? tnMviRual tlrtnanty I:c:C • �c�al on ra:r 387 BK: 2827 PG: 1613 Prepared by. Linda Starr -Luong Trident Title, LLC 501 S. Fluler Drive. Suite 201 West Palm Beach, Florida 3S401 File Number. WPS14-0056 In Witness Whereof, the said gr<3nior ha signed and sealed these presents the day and year first above written. Signed sealed and delivered in our presence J r--, Robert Daniels Falconer, as Successor Trustee 1i'imessPrtntcdNamr.-QC&C Q�t — under the Harry W. Falconer Declaration of Trust agreement dated July 12,19%, amended for the first time and restated on July 28. 2,004 and as amended for the second time on January 18, 2006 and amended and restated on October 30, 2013 Wane%PrimalNwtc::L C_._Re-eS-Cdevk__ 3 I ATL OF CALIFORNIA COUNTY OF LOS AWELEs The foregoing instrument .vas aucicnowledged before me this 23rd day of February. 2015, by Robert Daniels Falconer, as Successor Trustee under the Harry W. Falconer Dczkration of Trust agreement dated July 12. 1996. amended for the first time and restated on July 28, 2004and as amended for the second time on January 18. 2006 and amended and restated on October 30, 2013 (_ ) who is/arc personally krimm to me or U who hasthave produced as idenitication. Notate public My Commission Expires: -:>m 4A and,-AaAl Winamn Uu,d - Legad 388 BK: 2827 PG: 1614 I CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, I I i State of California } County of Los Angeles ) I On Feb. 23, 2015 before me, Rose K. Ragan. Notary Public personally appeared (Here insert name and title of the officer) Robert Daniels Falconer who proved to me on the basis of satisfactory evidence to be the personpO whose name is/pfe subscribed to the within in trunent and acknowledged to me that he/s .� executed the same in his/lheWeir authorized capacityQW, and that by his/t r eir signature�(ajon the instrument the personx,, or the entity upon behalf of which he person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WL— ROSE K,RAGANOMM.#12040951 mOS ANGELESSCOUNTY Comm, Ex x T. A 2011 i Sig ture of Nota Public (geed) I ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for actrnowledgment Date of nowntion nest be the dale that the signers) personally appeared DESCRIPTION Of THE ATTACHED DOCUMENT which must also be the samedate meacknowledgmentiscompleted . • The notary public must print his or her name as ii appears within his or her commission followed by a comma and then your title (notary pubic). Fdrri the name(s) of document signen(s) who pers"IN appear at the Orne of (Tice or description of attached docuni notarization. • Indicate the correct singular or plural forms by crossing of, Incorrect form _ (i.e.)he/sheAhey, is /are ) or timSng the correct rams. Failure in correctly indicate (Title or description of attached document continued) this information may lead to injection of document recording. • The notary seal impression must be clear and Photographically reproducible, . Impression most not cover text or lines. If seal vnpression smudges, re -seal if a sufficient area permits, otherwise rise complete a different acknowledgment tam Number of Pages _Document Date Signature of the nobby public must match the signature on Re with the office of the county clerk, i • Additional Information is not requred but could help to ensure bus i acknowledgment is not misused or attached to a different document. • Securely attach this document to the signed document with a staple. 7i15 .: alc. ...: a�.4:,, ins�.._.,..an�5pr_.. -. ti€"-.` 389 Current deed Lessee dock 14. 2164025 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2524 PG: 1764, 09/23/2011 09:07 AM DOC STAMPS D $1102.50 Prepared by: Dorothy Emmons Home Oceanside Title & Escrow 3501 Ocean Drive Vero Beach, Florida 32963 File Number: E1108001OR COURTHOUSE BOX 49 General Warranty Deed Made this September 7, 2011 A.D. By Leta P. Chesbrough, n/k/a Leta P. Brown, a married adult, whose address is: 3011 Calcutta Drive, Vero Beach, Florida 32960, hereinafter called the grantor, to Jeffrey L. Cusson and Patricia K. Casson, husband and wife, whose post office address is: 736 36th Avenue, Vero Beach, Florida 32966, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns ofcorporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grans, bargains, sells, aliens, remises, releases, conveys andconfirms unto the grantee, all that certain land situate in Indian River County, Florida, viz: Lot 11, Block 2 of RE -PLAT OF "COUNTRY CLUB POINTE", UNIT NO. 1, according to the Plat thereof, recorded in Plat Book 4, Page(s) 11, of the Public Records of Indian River County, Florida. Parcel ID Number: 32-39-36-00008-0020-00011/0 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 the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2010. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. sealed and delivered in our presence: (Seal) Leta P. 4sbrougghh',nWa Leta P. Brown Address 3011 Calcutta Drive, Vero Beach, Florida 32960 Witness Printed Name LO it�tA : n 5 , 6:-,+R r oZ State of Florida County of Indian River The foregoing instrument was acknowledged before me this 7th day of September, 2011, by Leta P. Chesbrough, n/k/a Leta P. Brown, who is/are personally known to me or who has produced a valid driver's lice as identification. t•ota Pub+ Print ;••: DOROTHY EMMONS HORNE '? r= Cornmission x DO 913180 My Cnmmimion Expires: A. a, Expires August 22 2013 390 3120200022645 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3294 PG: 2101, 4/22/2020 3:37 PM D DOCTAX PD 53,430.00 Current deed Lessee dock 15. NOTE TO CLERKrrAX EXAMINER: Actual consideration paid las 490,000.00 This Document Prepared By and Return to: Darlene K. Pegg CLC President Elite Title of the Treasure Coast, Inc. 3055 Cardinal Drive Suite 105 Vero Beach, FL 32963 Parcel ID Number: 32-39-36-00006-0010-00009/0 Warranty Deed This Indenture, Madethis 17th dayof April , 2020 A.D., Between John R. Grippi and Elaine F. Grippi, husband and wife of the County of De Kalb , State of Georgia , grantors, and John B. Clark and Rachel H. Clark, husband and wife whose address is: 3017 Golf View Drive, Vero Beach, FL 32960 of the County of Indian River ,. State of Florida , grantees. Witnesseth that the GRANTORS. for and in consideration of the sum of ----_-------mama--------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEES and GRANTEES' heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Indian River State of Florida to wit: Lot 9, Block 1, Re -Plat of Country Club Pointe Unit No 1, according to the map or plat thereof, as recorded in Plat Book 4, Page(s) 11, of the Public Records of Indian River County, Florida. Said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same.) and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Where' f, the grantors have hereunt set their hands and seals the day and year fust above written. Signed, sealed a ivered in our present . rju, Pu -i -in (Seal) Printed &7 Arai hn rippi itnes3 Ty, O. ddress:5400 toad, untain 87 t (kcal) Printed Name: �`l,Ri'h,{ it�F;ltnn Elaine F. Grippi,/b Jo n R. Grippi, Witness #2 as her Attorney(ifi Fact P.O. Address: 5400 Brownlee Road, Stone Mountain, GA 30087 STATE OF Florida COUNTY OF Indian River The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 4L".- day of April , 2020 by John R. Grippi and Elaine F. Grippi, by John R. Grippi as her Attorney in Fact who is personally known tome or who have produced his Valid driver's licenSe.iS ides na Irk.•--� Printed F Fi{1d dlGt __ --mow Notary is T ! "-; Vii; '.-Commission) GG05.5202 My Commission Expires:-;;,x.N!4r fXAVBSAp,'il 14.2021 "•,. ET -17766 LnnGmmnl•dbyODi•FbySynma,ln<., 3020 (067)76)-5535 FomFLWDd Eonr!=dTlvuTrcy sn!7<ur3nce8CD385.7019 391 Current deed Lessee dock 16. and the grantors do hereby fully varnnt the tick to said Land, and v 11 defend the same against lawfuldaims of aU persons whomsoeser. In Witness W,�fh'7}erreof, the grantors have hereunto set their hands and scan the day and year fan abac wen ritt oo Warranty Deed 4! waled an�d Si, �Va Parcel w Number. 36-32-39-00008-0020-00010.0 Grant. II "M wit (seal) fy �' /'t 3 C� �� O m m D Z �7 O Cn cJ► This Indenture, Made this day of , 19'1t� AD. , Between p 9 m y MARK A. PEACOCK and DARLENE M. PEACOCK, his wife, < m O W Dcmm QO 3 o -4D9 CI► grantors, O0Ar .� and o O rn C) DAVID L RISINGER, a single man, p z D .eose.aareaaic9610 Riverside Drive#306, Sebastian, Florida 32958 r grantee. Witnesseth that the GRANTORS, for and in consideration of the sum or -------------- I HEREBY CEtiTIFY that oo leis dryto O'OI'+€4 , before e, an offircr duly quaU6cd to take a� nji, P-11" m --------- TEN &NO/100($10.00)---------- DOLLARS, C1 - and other good and valuable consideration to GRAM'ORS w hand paid by GRAMME, the rcatpt wbemof s hereby acknowledged, hate n granted, bargained and sold to the said GRANTEE and GRAMPE'S heirs and assigns forever, the folloing descnbed Land, uruale, ~ qng and being in the countyof Indian River sr„e of Florida tn.,it ' r Lot 10, Block 2, REPLAT OF COUNTRY CLUB POINTE, UNIT *1, according to the plat thereof, as recorded in Plat Book 4, to me known to be the persons drscnbed is and who executed the fore ioatrament and �..� . - grog they aekoowkd8ed befotr ubfut they Fal .d.' f•. J page 11 of the public records of Indian River County, Florida. �? Subject to restrictions, reservations _-nd easements of record, CX) if any, which are not reimposed hereby, and taxes subsequent to WITIVF.SS my lusty and official sea] in the County am state last aforesaid skis 3rd day of OCLObt7 December 31st, 1989. ' DOCUMENTARY STAMPS t 84?. 1:10 JEFFREY K. BARTON, CLERK INDIAN RIVER COUM 392 and the grantors do hereby fully varnnt the tick to said Land, and v 11 defend the same against lawfuldaims of aU persons whomsoeser. In Witness W,�fh'7}erreof, the grantors have hereunto set their hands and scan the day and year fan abac wen ritt 4! waled an�d Si, i��ou�p2resenee: ^,o G .4 PI.—( wit (seal) 1YrtnQ t�9 DAKLENE M. PEACOCK - .. (SCID 1 3 STATE OF Florida •� :� r COUNTY OF Duval ...... o n I HEREBY CEtiTIFY that oo leis dryto O'OI'+€4 , before e, an offircr duly quaU6cd to take a� nji, P-11" � MARK A. PEACOCK and DARLENE M. PEACOCK, his wife, ,z p to me known to be the persons drscnbed is and who executed the fore ioatrament and �..� . - grog they aekoowkd8ed befotr ubfut they Fal .d.' f•. J ' CD the sme. CX) WITIVF.SS my lusty and official sea] in the County am state last aforesaid skis 3rd day of OCLObt7 ' &ace Barkett This Document Prepared BY V \ A�u,�� rn "v .i COL LD6 BROWN R CALDWELL NOTARY PUB STATE OF Florida tti N 744 BPACTBAND BOULEVARD POST OFF1fE BOX 3686 My Cammsdod Fipire>L ...'- cf P.;r'je VERO BEACH, FL 3.2964 _• i, IN94 LLn 221.9.1 ha D�py.9r�m (all) Tai.(% Fo. FLq'D 1 392 Current deed Lessee dock 17 This instrurlisM was prepared by: 532628 RfT NOT. Lawrence A. Barkett, Esquire TO �� BudG Address 979 Beachland Boulevard (STATUTORT FOtM—SECTION 611.02 F.S.) Vero Beach, Florida 32963 SW Jdr0t=. Made this /O day of _Z) EC F rn F3E2 1g 67 , IrtlUrrp CHARLES M. JACKSON and MARY L. JACKSON, his wife of the County of Indian River , State of Florida gramo,•, and JOHN E. JACKSON and CHARLENE M. JACKSON, his wife whose post office address is 3030 Par Drive, Vero Beach of the County of Indian River , state of Florida grant"', 11Itt{rDD44, That said grantor, for and in consideration of the sum of ------------- Ten Dollars ($10.00) ------------------------------------------ 40ollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit: Lot 14, Block 4, COUNTRY CLUB POINTE UNIT NO. 2, 6Y350 as recorded in Plat Book 4, page 60, public records of Indian River County, Florida. 0^C. ST_ - R!.TT. 0 (,14 3.5 0 fCi_C4 'r T C!sk of C. cwt Csl tx1;r,� Rver Corry - by � • � , and said grantor does hereby fully warrant the Mle to said fond, and will defend the same against the lawful claims of all persons whomsoever. Grantor" and "grantee" arc :;scd for singular or plural, as context requires. Jn Witntse 114rrraf, Grantor has hereunto set grantor's hand and seol the Joy and year first above written. Si ned, sealed and delivered in our presence: Z/`u (Seal) M.. JACKSPY� RLE '4L _k"LL (Seal) MAYL. (Seal) (Seal) STATE OF Florida COUNTY of Indian River I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared CHARLES M. JACKSON and MARY L. JACKSON, his wife to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the some. WITNESS my hand and official seal in the County and State lost aforesaid this /0 doy of / _4(V r» keA) ,• ` 19 87. My commission expires: ;NotoFy Public- " NITANY PUBLIC STATE OF FLORSk - E,kJD IHRu G:NERIL INS. URD- _ xY CONNISSION EFP. APR 15,1990 0. R. 0785 Ps 2232 I 393 n and said grantor does hereby fully warrant the Mle to said fond, and will defend the same against the lawful claims of all persons whomsoever. Grantor" and "grantee" arc :;scd for singular or plural, as context requires. Jn Witntse 114rrraf, Grantor has hereunto set grantor's hand and seol the Joy and year first above written. Si ned, sealed and delivered in our presence: Z/`u (Seal) M.. JACKSPY� RLE '4L _k"LL (Seal) MAYL. (Seal) (Seal) STATE OF Florida COUNTY of Indian River I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared CHARLES M. JACKSON and MARY L. JACKSON, his wife to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the some. WITNESS my hand and official seal in the County and State lost aforesaid this /0 doy of / _4(V r» keA) ,• ` 19 87. My commission expires: ;NotoFy Public- " NITANY PUBLIC STATE OF FLORSk - E,kJD IHRu G:NERIL INS. URD- _ xY CONNISSION EFP. APR 15,1990 0. R. 0785 Ps 2232 I 393 Current deed Lessee dock 18 REOOFM Or 840.00-D M'E*F� CLERK CtRCUrT COURT mtmtae 36-32-39-00009-0040-00013.0 INDLANRIVERCO.• FLA. am — This Warranty Deed Nnsdetht aS dayof February A.D. 19 97by a Bernard L. Coffin and Carol L. Coffin, his wife, homm to called the grmuor, to p Carla Moss Gridley, a single woman, k+ m%*=pwrt>ficeod&rmis3040 Par Drive N Vero Beach, Florida 32960 V o en hounafta called the grmuee: � J O jet t<+e hctcin th5 tetras' for ei , ude W the to this �pnrvoxat s p. O the Acus,�i�ptcacautrvcs sad �a o�v � avrecso�i suC atapu W corponuooc) ZN Witnesseth:gr � Witnesseth: That the muor, fa. and in conridemti n of the nun of $10.0 0 and odw � W i S t., S 1x11" cansidaacons, receipt *#—f it hettby acbwwledgrd harby grmvs, bagowu, sells, aliens• mmises, rekases, 00 C 'anep and confimu tanto the granite aU dim certain land situate in Indian River County, Stare of F1Mda, vM WCa cc N { t,, m Lot 13, Block 4, COUNTRY CLUB POINTE, UNIT NO. 2, according a (z C to the Plat thereof, recorded in Plat Book 4, Page 60, of cc .� LL the Public Records of Indian River County, Florida. Subject to restrictions, reservations and easements of record, m if any, and taxes subsequent to 1996. o DOCUMENTARY STAMPS a DEED = &f0 KIM_ G ARM K. RAW N CLERK INDUIN RIVER COUNTY Together Kith aU the wwnew, hereditamenu and appurtenances therrto belonging or in an)` *ice appertaining. Too Have and to Hold, the same to fee supple form. And the Fantor hereby convonaru with said pauee that the grauar is lawfully scued of said land in fee sunpk, that the gator has good right and lawfully authoriq to seU and convey said land and henln wn7ww the colt to said land and will defend the same agavW the lawful claims of all persons wwonuoettr, and that said land is fim of all osaunbrmnces, except oars acatting subsequent to Decernba 3l, 19% In Witness Whereof, the said grantor has signed seated twit prrsotu the day and year fust above *nam sued, sealed and dchvemd on the presence of. Printed Name:De6nr-n-1, 1, 1i1) -C. Bernard L. Coffin Witness as to Both 51 Main Street, Nantucket, MA 02554 z�� lv� i ✓ yam'- � !'�..� �P ��: Printed Name: VAL ERRR y Carol L. Coffin Witness as to Both 51 Main Street, Nantucket, MA 02554 CO.MMONWE4LTH OF massacht.setts COUNIY OF ✓4�rvcKd i MK targe t ieanaarsn a ad 0Wx*F4 eda me the JJ, dao or February Bernard L_ Coffin and Carol L. Coffin, -w,Ryemu knmatome or.coh&w dth.Driver's License as ideuiam► %a Co .91 co t7 CD :rat. .i_ 19 97 br 4 •t ``aM �.al 'sy ... Current deed Lessee dock 19 3120190000415 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3174 PG: 1252,1/2/2019 4:18 PM D DOCTAX PD 53,360.00 oc NOTE TO CLERKITAX EXAMINER: Actual consideration paidis$ 480, 000.00 This Document Prepared By and Return to: DarleneK. Pegg, CLC President Elite Title of the Treasure Coast, Inc. 3055 Cardinal Drive Suite 105 Vero Beach, FL 32961 Courthouse Box 82 Parcel 1D Number: 32-39-36-00008-0010-00013/0 Warranty Deed This Indenture, Madethis 17th dayof December , 2018 A.D., Between Ted Shelby and Jo Anne Shelby, husband and wife of the County of Indian River I State of Florida , grantors, and James M. McCurley, an unmarried man, as Trustee of the Revocable Trust of James M. McCurley dated May 15, 2013 as amended and restated whose address is 3025 Golf View Drive, Vero Beach, FL 32960 of the County of Indian River *e of Florida grantee. Witnesseth that the GRANTORS, for and in consideration of the sum of --------------------TEN DOLLARS ($10)"-�----------------- DOLLARS. and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the Countyof Indian River State of Florida to wit: See Attached Exhibit "At' Said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same.) and the grantors do hereby fully warrant the tide to said lend, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, grantors have hereunto se they hands and seals the day and year first above written. Signed, sealed and, i ur presence: ✓A (Seal) Printed N13 DARL E K. IDEGG Ted Shelby by to of P.O. ass: 305Golf Vicw Drive, ro each, FL32960 (Seal) 84'inted Name: S}1Ptl:i lUI ilrfilt}n Jo Anne Shelby Witness #2 to both m 2 lton PO.Address'3025 Golf View Drivc,Vera Beach, FL32960 STATE OF Florida COUNTY OF Indian River The foregoing instrument was acknowledged before me this day of December Ted Shelby and Jo Anne Shelby, hu and and wife who are personally known tome or who have produced their Florida driver' S li ET -16619 Printed Nattlt Notary Publ: My Commission expires: l.w G—1 d by a Di,pi.y ar+r.m,, 1K'.. 2018 (963) 763-5555 , 2018 by "ornmisslon 1f GG 055202 Expires Apt1I 14, 2021 Boedsd TAN Troy Fain Insurance 800.3657016 395 BK: 3174 PG: 1253 Exhibit "A" Lot 13 and the West 8 Feet of Lot 14, Block 1, Re -Plat of Country Club Pointe Unit No. 1, according to the map or plat thereof, as recorded in Plat Book 4, Page(s) 11, of the Public Records of Indian River County, Florida. 396 Current deed Lessee dock 20 164119 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1865 PG: 1284, 04/27/2005 02:31 PM Prepared by and return to: Bogosian & Power, Chartered 3Q 2041 14th Avenue Vero Beach, Florida 32960 G ParcellD#36-32-39.00008-0010-00014.0 THIS QUIT -CLAIM DEED, Executed this day of April, A.D. 2005, by DEBRA G. WAYNE, Individually and as Successor Trustee of the Phyllis C. Gilbert Trust dated November 17, 1997 whose address is : 94 Maplevale Drive, Woodbridge, CT 06525 first party, to DEBRA G. WAYNE, 94 Maplevale Dr., Woodbridge, CT 06525; CHARLOTTE A. GILBERT, 1910 Sea Grape Ave., Pembroke Pines, FL 33026; and RICHARD P. GILBERT, II, P.O. Box 671, Arroyo Hondo, NM 67513-0671 second party (Wherever u,ad heroin the term. "first party" and ".wand party" shall include •inqul- and plural, hair., legal repra.enf tive., and aaaign. individual., and the .ucnsaaora and as eiune of corporation, .herever the contest so admits or require..) WITNESSETH, That the said first party, for and in consideration of the sum of $ 0.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River, State of Florida, to -wit: PARCEL I: Lot 14, LESS the West 8 feet thereof, and all of Lot 15, Block 1, COUNTRY CLUB POINTE, UNIT #1, REPLAT, according to the plat thereof as recorded in Plat Book 4, Page 11, of the Public Records of Indian River County, Florida; and PARCEL II: The West 8 feet of the North 135 feet of the East 208 feet of the West 843 feet of the North '/2 of the SE 114 of Section 36, Township 32 South, Range 39 East, Indian River County, Florida; The Grantor hereby certifies that the above property is not her homestead and that she resides on property other than that conveyed herein. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and yea first abo a written. Signed, Id1aled a d delivered in presence of: /p (Seal) First Wi DEBRA G. WAYNE, Ines ally and as Successor Print name here W of the Phyllis C. Gilbert T t dated November 17, 1997 94 Maplevale Dr., Woodbridge, CT 06525 Second Witness Print name here 8.4.,. STATE OF CONNECTICUT COUNTY OF NGv have., I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and County aforesaid to take acknowledgments, personally appeared Debra G. Wayne the person described in and who executed the foregoing instrument and who acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 14+L' day of April, A.D. 2005. Type of identification furnished: CT A,t-lt r Ikfasc or ( ) personally known. 397 BK: 1865 PG: 1285 (notary seal) G—' J., Notary Public (Print name hero) &'-x, C • Tom w 6c. -o, My comm. expires: yy Pagr I i': List of Current Dock Lease Holders 1) John S. & Carolyn A. Spaulding Wright 2) John A. & Kristin L. Pfleger 3) Thomas L. Peace, Kevin Ellis, & Lillian P. Ellis 4) Clarance & Christina Yates 5) Jennifer Davison & Joel Rossmell 6) John S. & Carolyn A. Spaulding Wright 7) Patrick & Natalie Savadge 8) Charles J. Replogle 9) William Wood 10) Michael & Shannon Hauser 11) Bradford & Amanda Pfennig 12) Jeffrey & Kere Minton 13) Jeffrey & Jennifer Palleschi 14) Jeffrey & Patricia Cusson 15) John & Rachel Clark 16) David Risinger 17) John Jackson 18) Carla Gridley (fka Jackson) 19) James McCurley (Trustee) 20) Charlotte Gilbert (possibly now changed hands to Matt Barth) 399 Current Dock Waiting List 1) Charles & Katherine Shippee 2) Karl Bo & Kathleen Nestor 3) Ron D'Haeseleer 4) Harry & Abby Lenhardt 5) Michael & Ann Marie Muller 6) Greg & Sierra Daniels 7) Daniel & Michele Downey 8) Charlotte & Christopher Bireley 9) Ryan Bass 10) Chloe Rose & Scott Schwartz 11) Ashley Simmens 12) Steven Brooksie Austin 13) Lynn D. Sloan 14) Robert Falong 400 This document was prepared by: Office of Indian River County Attorney 1801 27th Street, Vero Beach, FL 32960 772-226-1405 LEASE AGREEMENT This agreement made and entered into this day of , 202_ by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as "County" and , whose mailing address is hereinafter "Tenant". WITNESSETH: That, in consideration of the following covenants and agreements, the parties hereto state as follows: 1. Indian River County holds riparian rights to the canal lying easterly of Calcutta Drive, by virtue of the dedication of Calcutta Drive adjacent to said canal to the public by the Replat of Country Club Pointe, Unit 1 a at Plat Book 4, Page 11, Public Records of Indian River County, Florida; 2. Tenant is owner(s) of which lot lies (hereinafter the "PROPERTY"). 3. Tenant has sought permission to utilize the riparian land of County along the east right-of-way line of Calcutta Drive, generally described as due east of Lot 16, Block 2, Replat of Country Club Pointe Subdivision, Unit 1, between 10 feet south of the north property line of said Lot 16, Block 2, and 65 feet south of the north property line of said Lot 16, Block 2 (and numbered _on County's inventory) for the use of a dock for personal recreational use of themselves and/or occupants of the PROPERTY. 4. County agrees to allow Tenant to utilize said dock for personal recreational uses of themselves and/or the occupants of the PROPERTY. This right shall not be assignable, nor shall 401 Tenant rent/sublet the dock to third parties other than the occupant (if not Tenant) of the PROPERTY. 5. Tenant agrees to pay the County a one-time $5,000 transfer fee once it initially receives a dock and enters into this lease agreement (if applicable)); Thereafter, Tenant shall pay rent in the amount of $2,000.00 per year plus applicable sales tax commencing on , 202_ and each year thereafter for the exclusive right of Tenant and/or occupants of the PROPERTY, to utilize said dock for the purposes stated herein. 6. Tenant agrees to indemnify and hold County, its officers and employees, harmless from any and all damages, liabilities, losses and costs, including but not limited to reasonable attorneys fees arising out of the use of the dock and County riparian land for the purposes of accessing the canal lying easterly of the PROPERTY by Tenant, occupant, any member of Tenant's or occupants' families or their guests. In accordance with this indemnification obligation, Tenant shall obtain an insurance policy naming Indian River County as an additional insured in the amount of $300,000.00 liability insurance. A certificate of insurance must be provided annually to the County by the Tenant detailing the following language in the Descriptions of Operations/Locations on the certificate: "Indian River County is named as an additional insured with respect to liability coverage for leased dock at Riparian land as described in Book , Page of the public records of Indian River County, Dock No. _" 7. Tenant agrees that no boat maintained at said dock shall have a clearance of greater than 14 feet above water, said height limitation being related to the clearance of the Indian River Boulevard bridge over the Main Relief Canal. The maximum length of any boat shall not exceed 24 feet (including engines) for the dock identified as number _ on the County's dock inventory. 8. Tenant must apply for a permit with Indian River County, within sixty (60) days of entering into this lease agreement, to either repair or demolish and rebuild the dock. Within one hundred and twenty (120) days from issuance of the permit, the repairs or rebuilding of the dock must be accomplished and a request to Indian River County for an inspection must be made. All 2 402 permits must be obtained via a licensed contractor, there may not be any owner builder permits applied for. 9. All work done on the docks, including the installation of electricity and water or irrigation service connection must be properly permitted through the County and done with a licensed contractor. Any unpermitted work may be required to be removed. All permits must be obtained via a licensed contractor, there may not be any owner builder permits applied for. 10. Tenant agrees that the County Building Department may make annual inspections of the dock facility under the lease agreement and that this right shall be preserved in any rental agreement for the PROPERTY. The cost of the annual inspection fee shall be $75.00 and shall be borne by the Tenant and it is due and payable with the annual lease amount. In addition to such annual inspection, the County may inspect the dock facility at any time upon reasonable notice. Tenant further agrees to correct any maintenance deficiencies, subject to normal County building permit requirements, within thirty (60) days of notification of any such deficiencies identified. All permits must be obtained via a licensed contractor, there may not be any owner builder permits applied for. If the dock facility falls into disrepair and is not corrected within the applicable time period, the County has the right to terminate the lease, remove the dock and lien the PROPERTY for the costs associated with such removal;. 11. Tenant is required to have the dock facility inspected on a five-year cycle by an independent third -party expert and to submit that report to the County Building Department for their review along with a $50.00 review fee. Should any deficiencies be identified in this review, the Tenant agrees to correct any maintenance deficiencies, subject to normal County building permit requirements, within thirty (60) days of notification of any such deficiencies identified by written letter from the County. All permits must be obtained via a licensed contractor, there may not be any owner builder permits applied for. If the dock facility falls into disrepair and is not corrected within the applicable time period, the County has the right to terminate the lease, remove the dock. and lien the PROPERTY for the costs associated with such removal. 3 403 12. Tenant may not at any point in time have a lease agreement for more than one (1) dock with the County. Should at any point in time a Tenant become in possession of a property that has a dock associated with it they shall not be eligible to enter into a lease agreement with the County for the dock associated with the new property; 13. Tenant is responsible for maintaining the Dock post numbers denoting the Dock's address in a good orderly condition failure to do so will result in the County making the necessary repairs to the sign and charging the Tenant the cost. 14. Term and Termination. a. This lease agreement shall be valid for a term of seven (7) years and may be renewable upon written request by the Tenant to the County sixty (60) days prior to the lease expiration to renew the lease agreement at which time the County will determine if the Tenant is in compliance with the terms of this Agreement and whether the dock is in repair. This agreement may be extended for one (1) additional seven (7) year term under the same terms and conditions that are set forth herein or pursuant to the latest adopted Lease Agreement with the County. b. The lease shall terminate automatically if Tenant sells the PROPERTY. Upon termination, any dock improvements under this lease agreement shall become the property of County. 15. This lease agreement may also be terminated by County if any of the above terms are violated. County may also terminate this license agreement for unpermitted work on the dock facility, for work that would require a permit. Tenant may terminate this agreement upon sixty (60) days' written notice to Indian River County. Any event of termination shall cause any and all dock improvements to become the property of Indian River County; and 16. This lease agreement shall be recorded in the Public Records of Indian River County, Florida. 4 404 IN WITNESS WHEREOF, County and Tenant have caused this agreement to be signed in their respective names. Witnesses: INDIAN RIVER COUNTY, FLORIDA By: Chris Baiter, Planning & Development Services Director Address: 1801 27th Street, Bldg. A Vero Beach, FL 32960 Sign: Resolution: 2022-040 Print Name: Address: 1801 27th Street Vero Beach, FL 32960 Sign: Print Name: Address: 1801 27th Street Vero Beach, FL 32960 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me, by means of L physical presence or online notarization, this day of , 202_ by Chris Baiter, Planning & Development Services Director for Indian River County, Florida under authority of the Board of County Commissioners of Indian River County, Florida. who is personally known or produced identification in the form of NOTARY PUBLIC: SEAL: Siqn: printed name: Commission No.: Commission Expiration: 5 405 Witnesses: Sign: Print Name: Address: 1801 27"' Street Vero Beach, FL 32960 Sign: Printed Name: Address: 1801 27th Street Vero Beach, FL 32960 STATE OF FLORIDA COUNTY OF INDIAN RIVER OWNER(S): By: Print Name: Address: By: Print Name: Address: Vero Beach, FL 32960 Vero Beach, FL 32960 The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of_, 202_ by , who is ❑ personally known or ❑ produced identification in the form of NOTARY PUBLIC: SEAL: Sign: Printed Name: Commission No.: Commission Expiration: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me, by means of ❑ physical presence ❑ online notarization, this day of , 202_, by , who is ❑ personally known or ❑ produced identification in the form of NOTARY PUBLIC: SEAL: Sign: Printed Name: Commission No.: Commission Expiration: 6 406 RESOLUTION NO. 2025- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COMMUNITY DEVELOPMENT DIRECTOR OR DESIGNEE, TO EXECUTE LICENSE AGREEMENTS PERTAINING TO DOCKS UTILIZING COUNTY RIPARIAN LAND WITHIN THE COUNTRY CLUB POINTE SUBDIVISION. WHEREAS, per Resolution 1998-58, as amended by Resolution 2022-040, the Indian River County Board of County Commissioners ("Board") delegated to the Community Development Director the authority to execute license agreements pertaining to transferred property utilizing County riparian land for docks within the Country Club Pointe Subdivision; WHEREAS, on April 22, 2025, the Board voted to amend the standard license agreement and also change the process by which docks are transferred within the Country Club Pointe Subdivision; and WHEREAS, the Board is approving this resolution to allow the Planning and Development Services Director the authority to execute the new lease agreements pertaining to the transfer of docks utilizing the County riparian land within the Country Club Pointe Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Planning and Development Services Director, or designee, is hereby delegated the authority to execute any and all lease agreements pertaining to the docks utilizing County riparian land within the Country Club Pointe Subdivision. 2. The lease agreements shall be in substantially the same form as that attached hereto as Exhibit "A". This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this 22nd day of April, 2025. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 407 RESOLUTION NO. 2025 - By: Joseph E. Flescher, Chairman Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency: By: Susan J. Prado, Deputy County Attorney 408 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney County Attorney's Matters - B. C. C. 5.10.22 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 22, 2022 SUBJECT: Calcutta Drive Docks BACKGROUND. ATTORNEY Calcutta Drive is a County road that runs parallel with a canal and the riparian rights to the canal are purportedly the County's. On May 6, 1985, the then County Attorney Gary M. Brandenburg wrote a memorandum to Art Challacombe, an Environmental Planner stating "that the canals and bulkhead system were placed within the subdivision for the benefit of all of the property owners in the subdivision." He went on to explain that "[a]s a result, the County has adopted the policy in the past of allowing individuals to build docks along the County road within the appropriate setbacks, provided they enter into an agreement to hold the County harmless for any and all damage to the bulkhead system of road." He added that "[t]his permitting has been done on a first-come, first-served basis, exclusively for property owners in Country Club Pointe." On February 5, 1991, the County staff presented an agenda item to the Indian River County Board of County Commissioners (the "Board") concerning license agreements for these docks. In a memorandum from Roland M. DeBlois, Chief, Environmental Planning, dated January 30, 1991, Mr. DeBlois explained the history of the docks being constructed on a first-come, first served basis, provided that the applicant signed the appropriate waiver. Mr. DeBlois also noted that the approvals have been handled administratively. Mr. DeBlois then went on to explain that in consultation with the County Attorney's Office, that the County should look to entering into license agreements with a new applicant, instead of simply relying on the hold harmless waiver. After some discussion on the provisions of the license agreement, the Board approved the license agreement for $100 per year, subject to the changes requested by the Board. It is important to note that the license agreement included a provision that if the property is sold, that the buyer could execute a similar license within 90 days, and that if the buyer failed to do so, the dock would become the property of the County. On May 26, 1998, the Board passed Resolution 1998-58, in which the Board delegated the authority to the Community Development Director to execute license agreements pertaining to transferring property utilizing County riparian land for docks within the Country Club Pointe Subdivision. This allowed for a smooth transition for those property owners selling homes that had license agreements. C. IGranicmlLeB WSV,51TmylO&37 5.fd6d6-I626-9I78c72.d956388.doc 409 Board of County Commissioners April 22, 2022 Page 2 The license agreements are recorded in the public records and each agreement contains the legal description of the dock/space location as well as the single-family residence that is associated with the dock. If the single-family residence is rented, the tenant is allowed to use the dock and the covenants in the license agreement are to be preserved in the lease. Additionally, no homeowner is allowed to rent the dock/space to third parties; and when the residence sells, the new owner has 90 days from the date of purchase to enter into a similar license agreement or the dock/space and any improvements revert back to the County and made available to the next qualifying person on the waiting list. Presently there are 20 docks/spaces along Calcutta Drive, and there are three different scenarios that presently exist with regard to these docks: grandfathered; indemnity certificate; and license agreement. Grandfathered: There are only 2 remaining docks that are grandfathered. No liability insurance is required, and no fees are collected with Grandfathered docks. When the property transfers, the County policy has been to have the new owners enter into a license agreement, thus we then have liability insurance, annual fees paid, and a much better public record of the dock and its association with the residence. Indemnity Certificate: There is 1 dock that has an indemnification certificate on file (and when the property transfers, the County policy has been to have the new owners enter into a license agreement). Nothing presently is required, except we have the owner's assurance that the County is indemnified. License Agreement: There are 17 docks with license agreements. Docks/spaces under license agreement are required to annually submit the following items: 1. $300,000 liability insurance naming the County as an additional insured (if a dock has been constructed) 2. $100.00 annual license fee plus the applicable sales tax There is a long waiting list of residents within the Country Club Pointe subdivision who desire a dock and who do not have their own riparian rights to canal frontage. The monitoring of these docks has proven to be a very time-consuming process and staff is constantly being challenged by several issues from the residents not timely paying, not having the proper insurance, not pulling permits when they repair their docks, disgruntled subdivision residents who complain about docks in disrepair in an attempt to obtain a dock for themselves; realtors who inquire about the docks; title companies and closing agents not giving timely notice of a scheduled closing. There has been strife in the Country Club Pointe subdivision about the policy of allowing the license agreements to transfer to the new purchaser of a home associated with a dock instead of having the dock go to the next person on the waiting list. Although a new transfer policy would open up opportunities to more residents within the Country Club Pointe subdivision, current property owners with docks may be upset, and potential have legal claims against the County, that they will no longer have the ability to make such transfers. C. IGra icusE giwr51L51Temp106aic5ajd6d6-4616-9478c71eed956388.doc 410 Board of County Commissioners April 22, 2022 Page 3 The County Attorney's Office does not recommend that the Board change the 30 plus year old transfer policy. However, the County Attorney's Office recommends that the Board increase the annual license fee from $100 to $2,000 per year, for any new license agreements. Additionally, the County Attorney's Office recommends implementing a one-time dock license transfer fee of $5,000. The County Attorney's Office and County staff diverts significant time to addressing the various issues pertaining to these docks. With these increased fees, the County Attorney's Office believes that the County could support additional resources to monitoring the payment of fees, submission of insurance, transfer of license agreements and maintenance of the docks. It is believed that a more rigorous program would also assist in opening up more opportunities to others in the Country Club Pointe subdivision. Additionally, the Public Works Department has requested that the license agreements be updated as follows: • If a dock falls into disrepair and is not fixed within the applicable time period, the County has the right to remove the dock and lien the property for the costs associated with such removal. Licensees be required to have the docks inspected on a five-year cycle by an independent third - party expert and submit that report to the County. • Termination of license for unpermitted work on the dock, for work that would require a permit. FUNDING Revenues collected for dock license agreements are deposited into account 001038-362010 - General Fund/Rents & Royalties. RECOMMENDATION. The County Attorney's Office recommends that that the Board increase the annual license fee from $100 to $2,000 per year, for any new license agreements. Additionally, the County Attorney's Office recommends implementing a one-time dock license transfer fee of $5,000. The County Attorney's Office further recommends that the license agreements be updated to include provisions relating to the removal of the docks, five-year inspections, and termination for unpermitted work. ATTACHMENT. Aerial of docks Sample of Current License Agreement C. IG-,d,—U.&.&8 .51L51TevIO603 S fd6d6162h9I78c71eed956388.d.c 411 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Consent Agenda - B. C. C. 7.12.22 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 1, 2022 SUBJECT: Calcutta Drive Docks BACKGROUND. ATTORNEY Calcutta Drive is a County road that runs parallel with a canal and the riparian rights to the canal are purportedly the County's. On May 6, 1985, the then County Attorney Gary M. Brandenburg wrote a memorandum to Art Challacombe, an Environmental Planner stating "that the canals and bulkhead system were placed within the subdivision for the benefit of all of the property owners in the subdivision." He went on to explain that "[a]s a result, the County has adopted the policy in the past of allowing individuals to build docks along the County road within the appropriate setbacks, provided they enter into an agreement to hold the County harmless for any and all damage to the bulkhead system of road." He added that "[t]his permitting has been done on a first-come, first-served basis, exclusively for property owners in Country Club Pointe." On February 5, 1991, the County staff presented an agenda item to the Indian River County Board of County Commissioners (the "Board") concerning license agreements for these docks. In a memorandum from Roland M. DeBlois, Chief, Environmental Planning, dated January 30, 1991, Mr. DeBlois explained the history of the docks being constructed on a first-come, first served basis, provided that the applicant signed the appropriate waiver. Mr. DeBlois also noted that the approvals have been handled administratively. Mr. DeBlois then went on to explain that in consultation with the County Attorney's Office, that the County should look to entering into license agreements with a new applicant, instead of simply relying on the hold harmless waiver. After some discussion on the provisions of the license agreement, the Board approved the license agreement for $100 per year, subject to the changes requested by the Board. It is important to note that the license agreement included a provision that if the property is sold, that the buyer could execute a similar license within 90 days, and that if the buyer failed to do so, the dock would become the property of the County. On May 26, 1998, the Board passed Resolution 1998-58, in which the Board delegated the authority to the Community Development Director to execute license agreements pertaining to transferring property utilizing County riparian land for docks within the Country Club Pointe Subdivision. This allowed for a smooth transition for those property owners selling homes that had license agreements. C:IGrmkwVL&ur5"IT=pWe281656-52a,4fo-U89-Wc0621653ad 412 Board of County Commissioners July 1, 2022 Page 2 On May 10, 2022, the Board voted to increase the annual license fee from $100 to $2,000 per year, for any new license agreements and implement a one-time dock license transfer fee of $5,000. The Board also voted to modify the current license agreements to add the following requirements: • If a dock falls into disrepair and is not fixed within the applicable time period, the County has the right to remove the dock and lien the property for the costs associated with such removal. Licensees be required to have the docks inspected on a five-year cycle by an independent third - party expert and submit that report to the County. • Termination of license for unpermitted work on the dock, for work that would require a permit. Finally, the Board voted to implement a new policy that if a dock reverts to the County, then that dock will no longer be transferable to the future property owner, but will instead go to the next Country Club Pointe Subdivision property owner on the dock waiting list. The County Attorney's Office has revised the dock license agreements to reflect these changes and a resolution delegating to the Community Development Director the authority to execute the license agreements. Finally, the dock owners of what is known as Dock Number 14 on the County list, Mr. and Mrs. Cusson, have not responded to letters concerning the disrepair of the dock. The County Attorney's Office requests that the Board authorize the County Attorney's Office to record a termination of the license agreement and then offer this dock to the first person on the wait list. Per the Board direction, this dock will no longer be directly tied to a property within the Country Club Pointe Subdivision. FUNDING Revenues collected for dock license agreements are deposited into account 001038-362010 - General Fund/Rents & Royalties. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the resolution and the associated form license agreements. The County Attorney's Office also requests that the Board authorize the County Attorney's Office to record a termination of the license agreement for Dock Number 14 (Cusson) and offer this dock to the first person on the wait list. ATTACHMENT. Resolution Form License Agreements C. IGrani=lLegirmr5g5lTemplde28I656-52ac-4J20-W89-0e1cO621653a.doc 413 RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COMMUNITY DEVELOPMENT DIRECTOR OR DESIGNEE, TO EXECUTE LICENSE AGREEMENTS PERTAINING TO DOCKS UTILIZING COUNTY RIPARIAN LAND WITHIN THE COUNTRY CLUB POINTE SUBDIVISION. WHEREAS, per Resolution 1998-58, the Indian River County Board of County Commissioners ("Board") delegated to the Community Development Director the authority to execute license agreements pertaining to transferred property utilizing County riparian land for docks within the County Club Pointe Subdivision; WHEREAS, on May 10, 2022, the Board voted to amend the standard license agreement and also change the process by which docks are transferred within the Country Club Pointe Subdivision; and WHEREAS, the Board is approving this resolution to the Community Development Director the authority to execute the new license agreements pertaining to the transfer of docks utilizing the County riparian land within the County Club Pointe Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Community Development Director, or designee, is hereby delegated the authority to execute any and all license agreements pertaining to the docks utilizing County riparian land within the County Club Pointe Subdivision. 2. The license agreements shall be insubstantially the same form as that attached hereto as Exhibit "A". One form is for license agreements for docks that are associated with property transfers and the other is for docks unassociated with property transfers. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this 12a' day of July, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C:\Granicus\Legistar5\L5\Temp\e60a775c-d5aa-461 a-8fa7-3afdb6738bae.doc 414 RESOLUTION NO. 2022 - By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency By Dylan Reingold, County Attorney Peter D. O'Bryan, Chairman 415 This document was prepared by: Office of Indian River County Attorney 1801 27th Street Vero Beach, FL 32960 772-226-1425 LICENSE AGREEMENT This agreement made and entered into this day of , 2022 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27' Street, Vero Beach, Florida 32960, hereinafter referred to as "County" and whose mailing address is , hereinafter "Licensee". WITNESSETH: That, in consideration of the following covenants and agreements, the parties hereto state as follows: 1. Indian River County is presumptively the holder of riparian rights to the canal lying easterly of Calcutta Drive, by virtue of the dedication of Calcutta Drive adjacent to said canal to the public by the Replat of Country Club Pointe, Unit 1 at Plat Book 4, Page 11, Public Records of Indian River County, Florida; 2. Licensee is owner of Lot _, Block _, Country Club Pointe, Unit 2, which lot lies (hereinafter the "PROPERTY"); 3. Licensee has sought permission to utilize the riparian land of County along the east right-of-way line of Calcutta Drive, generally described as due east of due east of the north property line of Lot 10, Block 2, Replat of Country Club Pointe Subdivision, Unit 1 AND plus -or - minus 13 feet south of the extension thereof, and running southerly approximately for 25 feet along the canal (and numbered _ on County's inventory) for the use of a dock for personal recreational use of themselves and/or occupants of said Lot _, Block _, Country Club Pointe, Unit 2; 1 416 4. County agrees to allow Licensee to utilize said dock for personal recreational uses of themselves and/or the occupants of Lot _, Block _, Country Club Pointe, Unit 2 for so long as they own/occupy the PROPERTY. This right shall not be assignable, nor shall Licensee rent the dock to third parties other than the occupant (if not Licensee) of Lot Block _, Country Club Pointe, Unit 2; 5. Licensee agrees to pay the County a one-time $5,000 transfer fee and $2,000.00 per year plus applicable sales tax commencing on 1 2022 and each year thereafter for the exclusive right of Licensee and/or occupants of Lot _, Block Country Club Pointe, Unit 2, to utilize said dock for the purposes stated herein; 6. Licensee agrees to hold County harmless from any damages arising out of the use of County riparian land for the purposes of accessing the canal lying easterly of the PROPERTY by any member of Licensee's or occupants' families or their guests. This indemnification shall be by means of an insurance policy naming Indian River County as an additional insured in the amount of $300,000.00 liability insurance. A certificate of insurance must be provided annually to the County by the Licensee detailing the following language in the Descriptions of Operations/Locations on the certificate: "Indian River County is named as an additional insured with respect to labiality coverage for leased dock at Riparian land as described in Book Page of the public records of Indian River County, Dock No. 17."; 7. Licensee agrees that no boat maintained at said dock shall have a clearance of greater than 14 feet above water, said height limitation being related to the clearance of the Indian River Boulevard bridge over the Main Relief Canal. The maximum length of any boat shall not exceed 24 feet (including engines) for the dock identified as number _ on the County's dock inventory; 8. Licensee agrees that the County may make annual inspections of the dock facility under license agreement and that this right shall be preserved in any rental agreement 2 417 for Lot _, Block _, Country Club Pointe, Unit 2. In addition to such annual inspection, the County may inspect the dock facility due to storm events or complaints submitted to the County by third parties. Licensee further agrees to correct any maintenance deficiencies, subject to normal County building permit requirements, within thirty (30) days of notification of any such deficiencies identified. If the dock facility falls into disrepair and is not corrected within the applicable time period, the County has the right to remove the dock and lien the PROPERTY for the costs associated with such removal; 9. Licensee must apply for a permit with Indian River County, within 60 days of entering into this license agreement, to either repair or demolish and rebuild the dock. Within 120 days from the issuance of the permit, the repairs or rebuilding of the dock must be accomplished and a request to Indian River County for an inspection must be made; 10. Prior to the installation of any electricity to the dock, Licensee shall obtain a quote from a licensed electrician familiar with dock designs. Licensee shall also provide a copy of the quote and designs to the County for review and must receive approval from the County before electric work can be installed; 11. Prior to the installation of any water or irrigation service and connection to the dock, Licensee shall obtain a quote from a licensed contractor familiar with dock designs. Licensee shall also provide a copy of the quote and designs to the County for review and must receive approval from the County before work can be installed; 12. The parties agree that this license agreement shall terminate upon sale of the PROPERTY by the Licensee, at which time any dock improvements under this license agreement shall become the property of County, unless the then purchaser of the PROPERTY enters into a license agreement for the usage of the dock facility containing covenants and agreements similar to this license agreement within ninety (90) days of sale of the PROPERTY. 13. Licensee is required to have the dock facility inspected on a five-year cycle by an independent third -party expert and to submit that report to the County; 3 418 14. This license agreement may also be terminated by County if condition 4 or covenants 5, 6, 7, 8, 9, 10 or 11 above are violated. County may also terminate this license agreement for unpermitted work on the dock facility, for work that would require a permit. Licensee may terminate this agreement upon sixty (60) days' written notice to Indian River County. Any event of termination shall cause any and all dock improvements to become the property of Indian River County; and 15. This license agreement shall be recorded in the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, County and Licensee have caused this agreement to be signed in their respective names. Witnesses: INDIAN RIVER COUNTY, FLORIDA Signature: Printed Name: By: Signature: Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER Phillip J. Matson, AICP Community Development Director Authority: Resolution No. 2022-, The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of , 2022 by Phillip J. Matson, AICP, Community Development Director for Indian River County, Florida under authority of the Board of County Commissioners of Indian River County, Florida. who is ❑ personally known or ❑ produced identification in the form of NOTARY PUBLIC: SEAL: Sign: printed name: Commission No.: Commission Expiration: 4 419 [Remainder of Page Intentionally Left Blank] 420 Witnesses: Signature: _ Printed Name: Signature: _ Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument presence or ❑ online notarization, who is 0 personally know SEAL: OWNER: By: was acknowledged before me, by means of El physical this day of , 2022 by , n or ❑ produced identification in the form of NOTARY PUBLIC: Sian: Printed Name: Commission No.: Commission Expiration: 6 421 This document was prepared by: Office of Indian River County Attorney 1801 27th Street Vero Beach, FL 32960 772-226-1425 LICENSE AGREEMENT This agreement made and entered into this day of , 2022 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as "County" and y whose mailing address is , hereinafter "Licensee". WITNESSETH: That, in consideration of the following covenants and agreements, the parties hereto state as follows: 1. Indian River County is presumptively the holder of riparian rights to the canal lying easterly of Calcutta Drive, by virtue of the dedication of Calcutta Drive adjacent to said canal to the public by the Replat of Country Club Pointe, Unit 1 at Plat Book 4, Page 11, Public Records of Indian River County, Florida; 2. Licensee is owner of Lot _, Block _, Country Club Pointe, Unit 2, which lot lies (hereinafter the "PROPERTY"); 3. Licensee has sought permission to utilize the riparian land of County along the east right-of-way line of Calcutta Drive, generally described as due east of due east of the north property line of Lot 10, Block 2, Replat of Country Club Pointe Subdivision, Unit 1 AND plus -or - minus 13 feet south of the extension thereof, and running southerly approximately for 25 feet along the canal (and numbered _ on County's inventory) for the use of a dock for personal recreational use of themselves and/or occupants of said Lot _, Block _, Country Club Pointe, Unit 2; 1 422 4. County agrees to allow Licensee to utilize said dock for personal recreational uses of themselves and/or the occupants of Lot _, Block _, Country Club Pointe, Unit 2 for so long as they own/occupy the PROPERTY. This right shall not be assignable, nor shall Licensee rent the dock to third parties other than the occupant (if not Licensee) of Lot Block _, Country Club Pointe, Unit 2; 5. Licensee agrees to pay the County a one-time $5,000 transfer fee and $2,000.00 per year plus applicable sales tax commencing on , 2022 and each year thereafter for the exclusive right of Licensee and/or occupants of Lot _, Block Country Club Pointe, Unit 2, to utilize said dock for the purposes stated herein; 6. Licensee agrees to hold County harmless from any damages arising out of the use of County riparian land for the purposes of accessing the canal lying easterly of the PROPERTY by any member of Licensee's or occupants' families or their guests. This indemnification shall be by means of an insurance policy naming Indian River County as an additional insured in the amount of $300,000.00 liability insurance. A certificate of insurance must be provided annually to the County by the Licensee detailing the following language in the Descriptions of Operations/Locations on the certificate: "Indian River County is named as an additional insured with respect to labiality coverage for leased dock at Riparian land as described in Book , Page of the public records of Indian River County, Dock No. 17."; 7. Licensee agrees that no boat maintained at said dock shall have a clearance of greater than 14 feet above water, said height limitation being related to the clearance of the Indian River Boulevard bridge over the Main Relief Canal. The maximum length of any boat shall not exceed 24 feet (including engines) for the dock identified as number _ on the County's dock inventory; 8. Licensee agrees that the County may make annual inspections of the dock facility under license agreement and that this right shall be preserved in any rental agreement 2 423 for Lot _, Block _, Country Club Pointe, Unit 2. In addition to such annual inspection, the County may inspect the dock facility after storm events or due to complaints submitted to the County by third parties. Licensee further agrees to correct any maintenance deficiencies, subject to normal County building permit requirements, within thirty (30) days of notification of any such deficiencies identified. If the dock facility falls into disrepair and is not corrected within the applicable time period, the County has the right to remove the dock and lien the PROPERTY for the costs associated with such removal; 9. Licensee must apply for a permit with Indian River County, within 60 days of entering into this license agreement, to either repair or demolish and rebuild the dock. Within 120 days from the issuance of the permit, the repairs or rebuilding of the dock must be accomplished and a request to Indian River County for an inspection must be made; 10. Prior to the installation of any electricity to the dock, Licensee shall obtain a quote from a licensed electrician familiar with dock designs. Licensee shall also provide a copy of the quote and designs to the County for review and must receive approval from the County before electric work can be installed; 11. Prior to the installation of any water or irrigation service and connection to the dock, Licensee shall obtain a quote from a licensed contractor familiar with dock designs. Licensee shall also provide a copy of the quote and designs to the County for review and must receive approval from the County before work can be installed; 12. The parties agree that this license agreement shall terminate upon sale of the PROPERTY by the Licensee, at which time any dock improvements under this license agreement shall become the property of County, this license agreement will not transfer with the transfer of the PROPERTY; 13. Licensee is required to have the dock facility inspected on a five-year cycle by an independent third -party expert and to submit that report to the County; 3 424 14. This license agreement may also be terminated by County if condition 4 or covenants 5, 6, 7, 8, 9, 10 or 11 above are violated. County may also terminate this license agreement for unpermitted work on the dock facility, for work that would require a permit. Licensee may terminate this agreement upon sixty (60) days' written notice to Indian River County. Any event of termination shall cause any and all dock improvements to become the property of Indian River County; and 15. This license agreement shall be recorded in the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, County and Licensee have caused this agreement to be signed in their respective names. Witnesses: Signature: _ Printed Name: Signature: Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA By: Phillip J. Matson, AICP Community Development Director Authority: Resolution No. 2022-, The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of , 2022 by Phillip J. Matson, AICP, Community Development Director for Indian River County, Florida under authority of the Board of County Commissioners of Indian River County, Florida. who is ❑ personally known or ❑ produced identification in the form of SEAL: NOTARY PUBLIC: Sign: printed name: Commission No.: Commission Expiration: 4 425 [Remainder of Page Intentionally Left Blank] 426 Witnesses: Signature: Printed Name: Signature: Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER OWNER: By: The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of , 2022 by , who is ❑ personally known or ❑ produced identification in the form of NOTARY PUBLIC: iiration: 427 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney County Attorneys Matters - B.C.C. 8.16.22 Oce of 411 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 7, 2022 SUBJECT: Calcutta Drive Docks BACKGROUND. ATTORNEY Calcutta Drive is a County road that runs parallel with a canal and the riparian rights to the canal are purportedly the County's. On May 6, 1985, the then County Attorney Gary M. Brandenburg wrote a memorandum to Art Challacombe, an Environmental Planner stating "that the canals and bulkhead system were placed within the subdivision for the benefit of all of the property owners in the subdivision." He went on to explain that "[a]s a result, the County has adopted the policy in the past of allowing individuals to build docks along the County road within the appropriate setbacks, provided they enter into an agreement to hold the County harmless for any and all damage to the bulkhead system of road." He added that "[t]his permitting has been done on a first-come, first-served basis, exclusively for property owners in Country Club Pointe." On February 5, 1991, the Indian River County Board of County Commissioners (the "Board") approved a license agreement for $100 per year. On May 26, 1998, the Board passed Resolution 1998-58, delegating the authority to the Community Development Director to execute license agreements pertaining to transferring property utilizing County riparian land for docks within the Country Club Pointe Subdivision. On May 10, 2022, the Board voted to increase the annual license fee from $100 to $2,000 per year, for any new license agreements and implement a one-time dock license transfer fee of $5,000. The Board also voted to modify the current license agreements to include additional requirements. The Board also voted to implement a new policy that if a dock reverts to the County, then that dock will no longer be transferred to the future property owner, but will instead go to the next Country Club Pointe Subdivision property owner on the dock waiting list. On July 12, 2022, the Board voted approve the revised dock license agreements to reflect these changes and a resolution delegating to the Community Development Director the authority to execute the license agreements. The County Attorney's Office is now providing an update to the Board on various docks that have been identified as being in some form of disrepair. C: IC,,.ku.ILM.WJ;1L51Tm pl,009819-Of17-4&8-8Id9-92j3flld]-7.d., 428 Board of County Commissioners August 7, 2022 Page 2 Dock 3 — September 2021 Country Club Pointe Docks Report indicates that dock is in a state of disrepair and not in a functional condition. In December 2021, I sent a letter to the licensee requesting correction of deficiencies. I have had email correspondence with Kevin Ellis over the past couple months and on July 20, 2022, he sent me pictures of the dock improvements that he has made. Based on the photos, County staff is of the position that the dilapidated portions of the dock and stairs have been repaired, and are now in an acceptable condition. Dock 7 - September 2021 Country Club Pointe Docks Report indicates that dock is in a state of disrepair and not in a functional condition. In December 2021, I sent a letter to the licensee requesting correction of deficiencies. I have had email correspondence with Patrick Savage. Building Department staff has confirmed that a permit application was submitted for this dock and is currently pending Planning and Building approvals. Dock 8 — I sent a letter to the licensee on May 20, 2022 concerning severely deteriorated pilings. On July 20, 2022, Joey Replogle emailed me stating that he has taken steps to secure the pilings, using snap jackets to secure the pilings. He then sent me pictures, which staff believes demonstrates that the piling issue has been resolved. Dock 14 - September 2021 Country Club Pointe Docks Report indicates that dock is in a state of disrepair and not in a functional condition. In December 2021, I sent a letter to the licensee requesting correction of deficiencies. After no contact, I sent a follow-up letter in May 2022. On July 12, 2022, the Board voted to terminate the license agreement. Since then, I have had contact with Jeff Cusson. On August 1, 2022, the County received correspondence from William F. McCain, PE, indicating that his firm, W.F. McCain & Associates, Inc. has been retained to design the repair of the dock. Dock 17 — On April 12, 2022, John Jackson entered into a license agreement for this dock with Indian River County. Per the license agreement, he was required to apply for a license within 60 days and then had another 120 days to make repairs to the dock. I have had email correspondence with Jack Johnson. Building Department staff has confirmed that a permit application was submitted for this dock and is currently pending Planning and Building approvals. FUNDING Revenues collected for dock license agreements are deposited into account 001038-362010 - General Fund/Rents & Royalties. RECOMMENDATION. Since the deficiencies with Docks 3 and 8 appear to be corrected, the County Attorney's Office recommends that the Indian River County Board of County Commissioners provide guidance as to how to move forward with Docks 7, 14 and 17. C. IGranimlLegur 5VS Temptafl09829-Ofl7-46,8-84d9-92J3J01d1aa7.dw 429 File ID: 25-0450 TO: THROUGH: FROM: DATE: SUBJECT: Indian River County, Florida MEMORANDUM Type: Commissioners Matters Board of County Commissioners John T. Titkanich Deryl Loar, Commissioner April 1, 2025 'S,► Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Date: 4/22/2025 Quarterly Updates From County Administrator & County Attorney At the December 3, 2024 Board of County Commission Meeting, the County Administrator and County Attorney provided the members of the Board with an objective overview of their tenures that included their achievements, obstacles, and future vision. The Board unanimously agreed that the County Administrator and County Attorney would return to provide quarterly progress reports at the Board of County Commissioners meeting. Commissioner Loar is requesting an update from both John Titkanich, County Administrator and Jennifer Shuler, County Attorney regarding their achievements, obstacles and future vision. Indian River County, Florida Page 1 of 1 Printed on 4/16/2025 powered by Legistar' 430